Introduction
An Exclusive Economic Zone (EEZ) is a sea zone prescribed by the United Nations Convention on the Law of the Sea (UNCLOS) over which a state has special rights regarding the exploration and use of marine resources, including energy production from water and wind. It stretches from the baseline out to 200 nautical miles (nmi) from its coast. In casual use, the term may include the continental shelf. The term does not include either the territorial sea or the continental shelf beyond the 200 nmi limit. The difference between the territorial sea and the exclusive economic zone is that the first confers full sovereignty over the waters, whereas the second is merely a "sovereign right" which refers to the coastal state's rights below the surface of the sea. The surface waters, as can be seen in the map, are international waters.
- An EEZ is a sea zone over which a state has special rights regarding the exploration and use of marine resources.
- It extends 200 nautical miles from the coastline of a country.
- It includes the water column and the underlying seabed.
- The coastal state has sovereign rights in its EEZ for exploration, exploitation, conservation, and management of natural resources, both living and non-living.
- The coastal state has jurisdiction over marine scientific research and the protection and preservation of the marine environment in its EEZ.
- Other states have the freedom of navigation and overflight in the EEZ, subject to the relevant provisions of UNCLOS.
Exclusive Economic Zones
Definition and Legal Framework
An Exclusive Economic Zone is a sea zone over which a state has special rights regarding the exploration and use of marine resources. It extends from the baseline of a country's territorial sea out to 200 nautical miles from its coast. The concept of the EEZ was introduced in 1982 by the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS is an international treaty that defines the rights and responsibilities of nations with respect to their use of the world's oceans.
Rights and Responsibilities
In an EEZ, the coastal state has sovereignty over the natural resources, both living and non-living, in the water column and under the seabed. This includes the right to explore, exploit, conserve, and manage these resources. However, the coastal state also has responsibilities, such as the obligation to protect and preserve the marine environment, and to allow other states the freedom of navigation and overflight.
Consequently, EEZs offer countries a means to regulate and permit mining of subsea minerals and metals themselves; without needing the approval of the International Seabed Authority (ISA).
Disputes and Conflicts
There have been numerous disputes and conflicts over the delimitation of EEZs between adjacent and opposite states. UNCLOS provides a framework for the resolution of such disputes by negotiation, conciliation, arbitration, or adjudication.
Environmental Protection
The coastal state has the responsibility to protect and preserve the marine environment in its EEZ. It must take necessary measures to prevent, reduce, and control pollution from any source and to protect and preserve rare or fragile ecosystems and the habitat of depleted, threatened, or endangered species and other forms of marine life.
Economic Importance
The establishment of EEZs has extended the jurisdiction of coastal states over vast areas of ocean space and the resources therein. This has significant economic implications for coastal states, particularly those with large EEZs and abundant marine resources. It also has implications for the global economy and international trade.
Deep Sea Mining and EEZs
The coastal state has the exclusive right to authorize and regulate deep sea mining activities within its EEZ. However, any mining activities must be conducted in accordance with international standards and must not cause harm to the marine environment. Additionally, the coastal state is required to share the benefits of the mining activities with the international community, particularly with land-locked and geographically disadvantaged states.
Conclusion
Exclusive Economic Zones play a critical role in the governance of offshore deep sea mining activities. The coastal state has the exclusive right to authorize and regulate deep sea mining activities within its EEZ, but it also has the obligation to protect the marine environment and to share the benefits of the mining activities with the international community. There are significant challenges and controversies associated with offshore deep sea mining, particularly with respect to environmental impacts and regulatory challenges. It is important for the international community to address these challenges and to develop a comprehensive and effective regulatory framework for offshore deep sea mining activities.