Exclusive economic zone eez

What Is Exclusive Economic Zone (EEZ)?

An Exclusive Economic Zone (EEZ) is a maritime area extending from a nation's coast, within which the coastal state has special rights over the exploration and use of marine resources, including energy production from water and wind. This concept is a cornerstone of international law and maritime law, profoundly impacting a nation's economic development and resource management strategies. The EEZ grants sovereign rights for resource-related activities, distinguishing it from full territorial sovereignty over waters.

History and Origin

The concept of the Exclusive Economic Zone (EEZ) emerged in the mid-20th century, driven by technological advancements that made offshore resource exploitation feasible and by increasing recognition of the need for coastal states to manage their adjacent marine wealth. Historically, maritime jurisdiction was largely limited to narrow territorial seas. A significant turning point was the 1945 Truman Proclamation, where the United States asserted jurisdiction over the natural resources of its continental shelf, setting a precedent for other nations to follow.¹² This paved the way for the broader international recognition of national rights over offshore resources. The EEZ concept gained formal and widespread acceptance with the adoption of the United Nations Convention on the Law of the Sea (UNCLOS) in 1982.¹¹ UNCLOS, often referred to as the "Law of the Sea Treaty," established a comprehensive legal framework for all marine and maritime activities, including the definition and scope of the EEZ.¹⁰ The Convention entered into force in 1994, solidifying the EEZ as a standard feature of maritime law.

Key Takeaways

• An Exclusive Economic Zone (EEZ) is an area up to 200 nautical miles from a coastal state's baseline where it has sovereign rights for exploring and exploiting natural resources.
• These rights extend to living resources (e.g., fisheries management) and non-living resources (e.g., oil and gas exploration, mineral resources).
• The EEZ also grants jurisdiction for the establishment of artificial islands, marine scientific research, and environmental protection.
• Unlike territorial waters, an EEZ does not confer full sovereignty, allowing other states freedom of navigation and overflight, subject to coastal state regulations.
• The concept was formalized by the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

Interpreting the Exclusive Economic Zone

Interpreting the Exclusive Economic Zone (EEZ) involves understanding the specific rights and responsibilities it grants to a coastal state. Within its EEZ, a nation possesses sovereign rights for the purpose of exploring, exploiting, conserving, and managing the natural resources, whether living or non-living, found in the waters, seabed, and subsoil. This includes resources such as fish stocks, mineral resources, and oil and gas exploration. The coastal state also holds jurisdiction over the establishment and use of artificial islands, marine scientific research, and the protection and preservation of the marine environment.⁹

While these rights are extensive, they do not equate to full territorial sovereignty. Other states retain certain freedoms within an EEZ, such as freedom of navigation, overflight, and the laying of submarine cables and pipelines, provided they respect the coastal state's laws and regulations. The legal regime of the EEZ is designed to balance the economic interests of coastal states with the traditional freedoms of the high seas, contributing to a stable legal framework for ocean governance.

Hypothetical Example

Consider a fictional island nation, "Coralia," whose economy heavily relies on its rich marine life, particularly a unique species of tuna. Before the concept of the Exclusive Economic Zone (EEZ), international fishing fleets could operate close to Coralia's shores, depleting its vital fish stocks and undermining its local fisheries management efforts.

With the establishment of its 200-nautical-mile EEZ, Coralia gains the sovereign right to manage and conserve the tuna population within this zone. Coralia's government can now implement specific quotas, seasonal fishing bans, and licensing requirements for both its own vessels and any foreign vessels seeking to fish in its EEZ. For instance, Coralia might allow a limited number of foreign fishing vessels to operate within its EEZ in exchange for substantial fees, contributing directly to Coralia's national income and enabling investments in sustainable fishing technologies and environmental protection programs. This control allows Coralia to protect its natural resources from overexploitation and ensure long-term economic benefits for its citizens.

Practical Applications

The Exclusive Economic Zone (EEZ) has widespread practical applications, significantly influencing national economies, foreign policy, and international relations.

1. Resource Exploitation: EEZs allow coastal states to exclusively explore and exploit a vast array of natural resources, including valuable fish stocks, offshore oil and gas exploration, and deep-sea mineral resources. This control over resources can be a significant driver of national wealth and economic development. For example, the United States, with one of the largest EEZs globally, exercises sovereign rights for resource exploration, exploitation, conservation, and management within its vast marine area.⁸
2. Fisheries Management: A primary application is regulating fishing activities. Nations can set catch limits, specify fishing seasons, and require licenses for domestic and foreign vessels within their EEZ to ensure the sustainability of fish populations. The Food and Agriculture Organization of the United Nations (FAO) highlights how EEZs are key to effective ocean management, particularly for fisheries, by granting coastal states the authority to manage resources responsibly.⁷
3. Energy Production: EEZs are crucial for developing offshore renewable energy sources like wind and current power, as well as for the extraction of hydrocarbons. The sovereign rights conferred by an EEZ allow states to permit and regulate the construction of energy installations.
4. Scientific Research and Conservation: States have jurisdiction over marine scientific research within their EEZ and are responsible for the environmental protection and preservation of the marine environment, including the establishment of marine protected areas.
5. Maritime Security and Naval Power: While not conferring full sovereignty, the EEZ provides a framework for coastal states to regulate maritime activities, enforce their resource rights, and enhance their maritime security.

Limitations and Criticisms

Despite its importance in international law, the Exclusive Economic Zone (EEZ) framework faces several limitations and criticisms.

One significant challenge is the issue of overlapping claims and maritime disputes between neighboring coastal states, particularly where coastlines are less than 400 nautical miles apart.⁶ These overlapping EEZ claims can lead to conflicts over resource management, fisheries management, and jurisdiction, as seen in various regions globally.⁵ Resolving these disputes often requires complex negotiations or international arbitration, which can be lengthy and contentious.

Another limitation concerns the effectiveness of enforcement, especially for countries with limited naval power or maritime surveillance capabilities. Unauthorized fishing by foreign vessels, often referred to as illegal, unreported, and unregulated (IUU) fishing, remains a significant problem in many EEZs, undermining conservation efforts and economic benefits for the coastal state.⁴ This highlights a gap between the legal rights granted by an EEZ and a nation's practical ability to enforce them.

Furthermore, critics argue that while EEZs grant sovereign rights for exploitation, they do not inherently guarantee sustainable resource management. Coastal states, driven by short-term economic gains or political pressures, may sometimes prioritize exploitation over conservation, leading to overfishing or environmental degradation within their own zones.³ This underscores the need for robust domestic regulation and adherence to the principles of environmental protection and sustainable economic development.

Lastly, the concept of the EEZ, while revolutionary, still navigates complex relationships with other maritime zones like the continental shelf and the high seas, occasionally leading to ambiguities in jurisdiction and rights.

Exclusive Economic Zone (EEZ) vs. Territorial Waters

The Exclusive Economic Zone (EEZ) and territorial waters are distinct maritime zones, each granting different levels of rights and sovereignty to a coastal state. Understanding their differences is crucial for navigating international trade and maritime law.

In essence, while territorial waters are an extension of a nation's land territory, subject to full sovereignty, the EEZ is a zone of specific economic rights, balancing a state's interests in its marine resources with the international community's interest in freedom of navigation and access to trade routes.

FAQs

How far does an Exclusive Economic Zone (EEZ) extend?

An Exclusive Economic Zone (EEZ) typically extends no more than 200 nautical miles (approximately 370 kilometers) from the baselines from which the breadth of the territorial waters is measured.²

What rights does a country have within its EEZ?

Within its EEZ, a coastal state has sovereign rights for the purpose of exploring, exploiting, conserving, and managing all living and non-living natural resources in the waters, on the seabed, and in the subsoil. It also has jurisdiction regarding marine scientific research and the protection and preservation of the marine environment.

Can other countries fish or navigate in an EEZ?

Other countries can navigate and overfly an EEZ, and lay submarine cables and pipelines, as these are considered high seas freedoms. However, they generally cannot fish or exploit other resources without the explicit permission or agreement of the coastal state that holds the EEZ rights, especially regarding the living resources subject to fisheries management.¹

Is the EEZ the same as a country's territory?

No, the EEZ is not the same as a country's territory. While a coastal state exercises full sovereignty over its land territory and territorial waters (up to 12 nautical miles), the EEZ grants only specific sovereign rights primarily for economic purposes. This means that while a state controls the resources within its EEZ, it does not have the same level of legal authority over foreign vessels' passage or overflight as it does in its territorial sea.