Right of States in Exclusive Economic Zone : A Special Right Over The Sea

Ramanah.V,BC0160031

ABSTRACT:

INTRODUCTION:
The 1982 United Nation Convention of Law of the Sea (UNCLOS) 1 was an landmark
achievement in the international treaty making. It contains 320 Articles and 9 Annexes
claimed to be an ''Constitution of Oceans'' and resolving many pertinent issues. The
researcher delimiting the scope of the project only with respect to the Exclusive Economic
Zone. The Concept of Exclusive Economic Zone, was an significant innovation and the
negotiations creates many dichotomy between the coastal states and the major maritime
powers shaped the law of seas. This project analyses about the Historical aspect of the EEZ
regime, evolution of the EEZ concept its basic principles and legal status, Key elements
which are in the EEZ regime in regard to rights, duties and jurisdiction of the coastal states
and deeply discussed about the dispute settlement provisions of UNCLOS.
RESEARCH QUESTION:
The research question taken for the study is:
How has the presence of the exclusive economic zones shaped the law of seas in light of
UNCLOS?

RESEARCH OBJECTIVES:
1. To understand the meaning and nature of the EEZ in detail.
2. To know the rights , Jurisdiction , and Obligations of the Coastal states &
other states in the EEZ.
3. To understand the difference between the continental shelf and EEZ.
4. To analyse the dispute settlement provisions of UNCLOS.

RESEARCH METHODOLOGY:
The Research Methodology is doctrinal in nature
SOURCES:
1
United Nations Convention on the Law of the Sea, 1982.
Primary Sources :
 Statutes
 Other codified enactment related to EEZ.
 Judgments of International Court of Justice.
Secondary Sources:
 Books
 Journals
 Periodicals , Dictionaries ,other newsletters.

CONCLUSION:
The coastal state have to exercise their '' Due regard obligations '' in good faith in
order to resolve the conflict and controversies arisen between the activities of the coastal
states. Coastal states should not pass any law which may not have jurisdiction under the
UNCLOS, which infringes the freedom of other states in EEZ. The User state should not
unilaterally exercise their rights or freedom in the EEZ when such acts may infringe the
rights and duties of the other coastal state in its EEZ. The Interpretation or application of
UNCLOS including Art 56,58,59. would be subject to compulsory binding dispute
settlement system. But most of the states does not wanted to unilaterally invoke the dispute
because it was costly, a state may feel that it does not have enough stake. It may sometimes
regarded as unfriendly act and it should not have negative impact on the relations of the other
states. Since US is not party to UNCLOS, the dispute settlement system cannot be
provoked against it. Most of the major powers, including china have made declarations under
the Art 298 to resolve the dispute concerning with the military activities. There is possibility
of the concerned state to seek an advisory opinion from the International Tribunal for the
Law of the Sea (ITLOS). There is no express provisions in UNCLOS as well as Statue of
ITLOS speaks about the same. It is necessary for the state to make greater use of dispute
settlement mechanism prescribed by UNCLOS.

REFERENCES:
Primary:
1. Art 2 of the 1958 High Seas convention, (29 April. 1958) 450 UNTS 11.
2. Declaration of Santo Doming, 11 ILM ( 1972 ) 892
 3. ILC Draft Articles concerning the Law of the Sea with Commentaries, Year book of
the International Law Commission, Vol II , UN Doc. A/3159(1956)
4. International Law Commission [1956] 1 I.L.C year book 131.
5. Montevideo Declaration on the Law of the Sea , (8 may 1970) ,64 AJIL (1970), 1021.
6. United Nations Convention on the Law of the Sea, adopted 10 December 1982,
UNTS 1833 (entered into force 16 November 1944) (''UNCLOS'')

Secondary:
1. Ann .L. Hollick ,'' The Origin of 200 mile off shores' 71 AJIL, (1977).
2. Brownlie's Principles: Public International Law, (8th Ed, Oxford University
Press,2008).
3. James Kraska, Maritime Power and Law of the sea : Expeditionary Operations
and world politics, ( New York 2011 ).
4. Malcom Evans , Relevant Circumstances and Maritime Delimitation (Clarendon
Press, Oxford, 1989).