Conventional Distinction of Exclusive Economic Zone - Report Example

The Exclusive Economic Zone Introduction Law of the Sea Convention is an international agreement that establishes nations rights and obligations regarding the ocean. For example, it specifies how far a countrys borders may extend beyond its shoreline. It also seeks to regulate mining at the bottom of the ocean. The treatys official name is the United Nations Convention on the Law of the Sea. It is sometimes referred to as UNCLOS. The United Nations sponsored the treaty, which took effect in 1994 after 60 nations ratified it. The agreement applies only to nations that have officially consented to its terms. The United States has not ratified the treaty.1 The Exclusive Economic Zone The treaty specifies that a nations territorial waters extend only 12 nautical miles (22 kilometers) from its shore. Within these waters, a nation can completely control natural resources and the passage of ships, though foreign ships must be allowed passage for peaceful purposes.2 Some countries that have not signed the treaty claim territorial rights up to 200 nautical miles (370 kilometers) offshore. The treaty grants most coastal nations a 200-nautical-mile exclusive economic zone, where the country has sole rights to all natural resources, including fish. Ocean areas not covered by the treaty are called the high seas or international waters and lie outside the authority of any nation. The treaty also requires that important straits remain open for the free use of all ships.3 The treaty seeks to fairly distribute the minerals that lie on or below the ocean floor in international waters. The pact treats the minerals as "the common heritage of mankind."4 However, only a few nations have the technological ability to mine them. For this reason, the treaty requires any country or company that wishes to mine the seabed in international waters to identify two promising sites. An organization set up by the treaty, called the International Seabed Authority, would help develop one of the two sites.5 The country or company could mine the other one independently. The benefits or profits from the International Seabed Authoritys activities would be distributed internationally, in part to the worlds less technologically developed countries. The treaty also requires nations to guard against ocean pollution from seabed mining, offshore oil wells, land-based sources, and vessels at sea.6 7 Figure1: Adopted from Chang (2000)8 A basic and simplified outline of the essential detachment markers is shown in the above diagram over the adjoining sea as per the international control. The low water line is the letter B that is along the coast and the baseline from which all of the towards-the-sea measurements are determined is represented by this letter B. Rights and Duties of Coastal States According to worldwide law a coastal state is able to apply navigational directive in the exclusive economic zone through ships transporting in their cargo some hazardous or poisonous material. Such states need to demonstrate due respect to all other states and their navigational and over flight liberties in addition to the networks of submarine pipelines and wirings. Moreover other legislative uses of the sea regarding such liberties for instance, movement of aero planes ships etc.9 Every coastal state must ensure while using some other states EEZ that the ships and aero planes must perform within reasonable legal limits.10 Each state must identify its own duties and rights regarding the administration of oceanic milieu and all the related resources either living or non-living. It could provisionally put qualifications over navigational liberties in specific regions of EEZ having any particular conditions, for instance, fishing spots or other areas protected by the law of the sea. Such qualifications may later be given a permanent status through any globally proficient corporation.11 A state can only temporarily impose a restriction upon over flight and navigational activities in its EEZ, on account of experimental exercises or weapons tests.12 Implementation of EEZ Jurisdiction in Asian Pacific States Japan In order to implement the Implementation Agreement concerning Part XI of 1994 and for the execution of the UNCLOS, eight sets of regulations were accepted by Japan in 1996. To the US, three transcripts of legislation have been presented up till now. Apart from in the selected areas of the Tusima Kaikyo, the Nisi Suido Tusima Kaikyo Higasi Suido kyo, the Tugaru Kai, the Osumi Kaikyo and the Soya Kaikyo, the Law on the Territorial Sea and the Contiguous Zone provides for a twelve nautical mile defensive sea, where it remains three miles broad. Moreover, a twenty four nautical mile adjoining zone is established by the Law, where no explanation is given by the UNCLOS, provided that no other line has been agreed, then for the purpose of median line when the Japan’s adjoining zones intersects another State’s adjoining zones. In order to implement the rules of article thirty three, section-one, of UNCLOS, the Law also permits a mutual adjacent zone with the nation opposite to the Japan’s coastline up to twenty four nautical miles from the baselines of Japan (not including the defensive sea of the other state), in such a condition. For the limits of the ‘internal waters’ i.e. Seto Naikai, the laws are also provided by the Enforcement Order of the Law on the Territorial Sea and the Contiguous Zone, as it delineates the straight Japan’s baselines and ascertains the confinements of selected areas and the external boundaries of the protective ocean pertaining to the selected zones.13 Moreover, the extent of the continental shelf and its area is to be established by the Law on the Exclusive Economic Zone and the Continental Shelf, as per the accordance of the UNCLOS. A zone in which Japan can implement sovereign and other rights is established in Japan as per the UNCLOS’s Part V. This zone includes the seabed w Moreover, the extent of the continental shelf and its area is to be established by the Law on the Exclusive Economic Zone and the Continental Shelf, as per the accordance of the UNCLOS in the marine area and the partial-soil area there up to the extent of a line that is two hundred from the baseline, apart from the defensive sea, or unless otherwise decided with the nation concerned. As considers the continental shelf, the middle line with any nation whose coastline is opposite to the coast of Japan, Japan implements independent and further privileges of the coastal nation according with UNCLOS in the ocean floor and partial-soil of a vicinity expanding up to two hundred nautical miles from the baselines, apart from the defensive ocean, or the center line with an opposed nation, and the line to be strained to join with the supposed line as given in Cabinet Order, or "the line which may be agreed upon between Japan and a foreign country as a substitute”.14 The area after the two hundred miles in accordance of the article seventy six of the UNCLOS approved by the Cabinet Order will also be regarded as the continental shelf of Japan. The laws of Japan, is to pertain to the discovery, utilization, protection and organization of natural assets, imitation islets and arrangements and technical maritime study, together with punitive conditions, other examination and utilization practices performed in the restricted fiscal zone for financial reasons; and other bradawl actions in the continental shelf. Moreover if they were positioned inside the country of Japan, law of Japan shall pertain to imitation islands, systems and organizations.15 The Republic of Korea As modified in 1995, The Republic of Koreas Territorial Sea and Contiguous Zone Act (1977), was effectually implemented on the 1st August 1996. Under this Act a twenty four nautical mile adjacent zone and twelve mile protective sea. The Act determines that if not and or else decided with the nations associated, the limitation will be the medium line in relation to other counties with adjoining or opposed coastlines. The Act also explains approvals for situations of infringement and standardizes naive passageway in the course of the protective aquatic. It is also provided that prior to their arrival an exceptional notice is to be provided to the authorities of Korea concerned, by the governmental ships coming for non financial purposes and the warships. Thus in this perspective the all of the ships with exception of those specified above, as per the provisions of UNCLOS, will benefit from the naive passageway through the protective or defensive seas, moreover it also states that other coastal nations must not try to hinder the naïve passageway of the overseas ships unless they are the ones as stated by the UNCLOS.16 The Enforcement Decree which was also implemented on the 1st of August, the date on which the Territorial Sea and Contiguous Zone Act was also implemented, includes some of the regulations in relation to the naive passageway. It determined the outer boundaries of the protective sea in the strait of Korea and also specifies the coordinates for the illustration of the parallel baselines. Apart from the above the Exclusive Economic Zone Act, specifically the Act No. 5151, institutes the selected economic zone of the Korean Republic and describes the putting into effect of privileges and responsibilities therein; this was implemented on 10th of September 1996. The law also institutes that in the cases of nations with the opposed and adjoining coastlines, the restrictions will be achieved by the conformity on the principles of the worldwide marine laws. In the cases when there is no such arrangement the Korean Republic will pertain to the centre line with the concerned states. As per the article fifty six of the UNCLOS the rights of Korean Republic are describes and according to the article fifty eight the responsibilities and privileges of the other adjoining states are illustrated. In the Republic of Korea the application in EEZ is provided by the legislation except or else decided by all states, to putting in to artificial islands for practicing any breach of Korean laws for EEZ.17 Annotated Bibliography Akaha, Tsuneo, Japan in Global Ocean Politics, University of Hawaii Press, 2007, p. 68 The author has attempted to clarify the status of Japan as a coastal state of the exclusive economic zone and its jurisdiction in Japan. Antonio, Jose, and Yuturriaga, D. The International Regime of Fisheries: From UNCLOS 1982 to the Presential Sea, Martinus Nijhoff Publishers, 1997, p. 76 The world wide community is not successful these days to follow the decided boundaries of their respective ocean areas and the fishery regimes. This book sheds light on this issue in detail. It also explains the unilateral and bilateral agreements in this context. Bernaerts, Arnd. Bernaerts Guide to the 1982 United Nations Convention on the Law of the Sea: Including the Text of the 1982 UN Convention & Agreement concerning Part XI of 1994, Trafford Publishing, 2006 As many of us know that that the documentation of the third convention on sea law conference are not accessible for general public and only experts know about them . This author has made an effort shed light on these documents and reveal some of the hidden facts. Chang, Muncel, Exclusive Economic Zone, 2000, Available at: http://geography.about.com/library/misc/uceez.htm (Accessed April 16, 2009) In this website article the author has made an attempt to comprehend the importance of the exclusive economic zone with a detailed overall account of the law of the sea. He has explained this concept with the help of a diagram which I have also chosen for my paper. Crawford, James and Rothwell, Donald, The Law of the Sea in the Asian Pacific Region: Developments and Prospects, Martinus Nijhoff Publishers, 1995, p. 263-4 The author has presented surveys and explains variety of problems about the sea law from the perspective of Asian Pacific states. He has described duties and rights of these states also. Ebbin, Syma A., Hoel, Alf H. & Sydnes, Are K. A Sea Change: The Exclusive Economic Zone and Governance Institutions for Living Marine Resources, Springer, 2005, p.17 This book represents the preliminary attempt for replicating the results connected with the third Law of the Sea Meeting and evaluating how the transformations and reforms decided in this conference ended up. The Exclusive Economic Zone is explained here in detail. Extavour, Winston. C. The Exclusive Economic Zone: A Study of the Evolution and Progressive Development of the International Law of the Sea, Brill, 1979, p. 176 This book describes the evolution process of the concept of EEZ in context of actual exercises by the concerned states. IT makes an attempt to analyze multilateral, unilateral and bilateral treaties and substantive rules regarding EEZ. Guidelines for Navigation and over flight in the Exclusive Economic Zone, Available at: www.sof.or.jp/en/report/pdf/200509_20051205_e.pdf (Accessed April 16, 2009) These are general guidelines for all coastal states defining their responsibilities and rights as members of exclusive economic zone. Hinirichsen, Don, Coastal Waters of the World: Trends, Threats, and Strategies, Island Press, 1999, p. 42 Almost one hundred miles of coastline is being shared by around sixty percent of the total population of the world. Thus connection to coast is unavoidable for any country. This book elucidates the international laws, threats, issues and policies regarding international use of sea. Juda, Lawrence. International Law and Ocean Use Management: The Evolution of Ocean Governance, Routledge, 1996, p. 130 This book scrutinizes the global and contemporaneous matters in the management of ocean use management with an emphasis on present day issues like over fishing, pollution and drilling of oil etc. It discusses about some of the coastal states of EEZ. Kim, Sun Pyo. Maritime Delimitation and Interim Arrangements in North East Asia, Martinus Nijhoff Publishers, 2004, p. 228 This author sheds light upon the North East Asian states with reference to the jurisdiction of EEZ and the provisional arrangements of maritime delimitation. Law of the Sea: Obligations of States Parties under the United Nations Convention on the Law of the Sea and Complementary Instruments, United Nations Division for Ocean Affairs and the Law of the Sea, United Nations Publications, 2004, p. 1 This is actually a framework of general guidelines regarding the UNCLOS the United Nations Convention on the Law of the Sea and explains all the legal and illegal sea activities under this law. Malanczuk, Peter and Akehurst, M. B. Akehursts Modern Introduction to International Law, Routledge, 1997 Various topics have been the subject of this book. It presents an overview covering topics like protection of human rights to political resistance, state acknowledgment to the offenses of war. It has a specific concern with the connection between worldwide politics and global law. The law of the sea is only a small part of it. Nordquist, Myron H. “United Nations Convention on the Law of the Sea, 1982: A Commentary”, Center for Oceans Law and Policy, Martinus Nijhoff Publishers, 1985 The basis of the commentary is the UNCLOS conference and its unofficial and official records with an addition of special information of the contributors. It explains the participants and negotiations of the conference. Wang, James C. F., Handbook on ocean politics & law, Greenwood Publishing Group, 1992, p 234 The available research about the uses of the sea is recapitulated in this book incorporating the prominent features of UNCLOS and other worldwide agreements and legislative rules with extensive details. Young, Oran R. International Cooperation: Building Regimes for Natural Resources and the Environment, Cornell University Press, 1989, p. 128 This book presents the concept of international regimes in particular and generally sheds light upon the institutional agreements in the global economy. The term regime is explained and international relations have been evaluated in the context of resource management providing specific orientation of North Pacific. Read More