2.6 Exclusive economic zones
8 min read•august 20, 2024
(EEZs) are vital maritime areas extending 200 nautical miles from a country's coast. They grant nations over resources like fish, oil, and renewable energy, while balancing international interests in navigation and ocean use.
EEZs emerged in the 1970s and were codified by the UN Convention on the Law of the Sea in 1982. They've since become crucial for resource management, environmental protection, and economic development, but also spark conflicts over and disputed territories.
Definition of exclusive economic zones
- Exclusive economic zones (EEZs) are maritime areas extending up to 200 nautical miles from a country's coastline where the country has sovereign rights over the exploration, exploitation, conservation, and management of natural resources
- EEZs were established under the () to balance the interests of with the freedom of navigation and other uses of the high seas
- Within EEZs, coastal states have jurisdiction over economic activities such as fishing, oil and gas exploration, and the production of energy from water, currents, and winds
History of exclusive economic zones
Emergence in international law
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- The concept of EEZs emerged in the 1970s as a compromise between the competing interests of coastal states seeking to extend their control over adjacent waters and the international community's desire to maintain freedom of navigation
- In 1982, UNCLOS codified the concept of EEZs, providing a legal framework for their establishment and management
- The convention entered into force in 1994, and as of 2021, 168 countries have ratified or acceded to UNCLOS
Key treaties and agreements
- The 1958 Geneva Conventions on the Law of the Sea laid the groundwork for the development of EEZs by introducing the concept of the and the exclusive rights of coastal states over its resources
- The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is the primary international treaty governing EEZs, defining their extent, rights, and responsibilities
- Regional agreements, such as the 1995 United Nations Fish Stocks Agreement, further elaborate on the management of shared fish stocks and the cooperation between states in EEZs
Rights within exclusive economic zones
Resource exploitation rights
- Coastal states have sovereign rights to explore, exploit, conserve, and manage living and non-living natural resources within their EEZs
- These rights include fishing, oil and gas extraction, and the production of energy from water, currents, and winds
- Coastal states can also regulate the construction and use of artificial , installations, and structures within their EEZs
Environmental protection responsibilities
- Coastal states have the responsibility to protect and preserve the marine environment within their EEZs
- This includes the prevention, reduction, and control of pollution from various sources, such as land-based activities, seabed activities, and vessels
- Coastal states must also ensure the conservation of living resources, including the determination of allowable catch and the implementation of conservation measures
Extent of exclusive economic zones
Nautical mile limits
- EEZs extend up to 200 nautical miles (approximately 370 kilometers) from a country's coastline or baseline
- The baseline is usually the low-water line along the coast, but it can also be drawn across the mouths of bays or rivers, or between islands
- In cases where the coastlines of two states are less than 400 nautical miles apart, the boundary is typically determined by a median line, unless otherwise agreed upon by the states
Exceptions and special cases
- Islands that can sustain human habitation or economic life generate their own EEZs, but rocks that cannot sustain human habitation or economic life do not
- Landlocked states do not have EEZs, but they have the right to participate in the exploitation of living resources in the EEZs of neighboring coastal states on an equitable basis
- In semi-enclosed seas (Black Sea), special cooperation among bordering states is required for the management of living resources and environmental protection
Conflicts over exclusive economic zones
Overlapping claims
- Overlapping EEZ claims can arise when the coastlines of two or more states are in close proximity, leading to disputes over the delimitation of maritime boundaries
- Examples of overlapping claims include the East China Sea (China, Japan, and South Korea) and the Eastern Mediterranean (Greece, Turkey, and Cyprus)
- States often seek to resolve overlapping claims through bilateral negotiations or international arbitration, such as the Permanent Court of Arbitration or the International Court of Justice
Disputed islands and maritime features
- The sovereignty over islands and other can significantly impact the extent of a country's EEZ, as these features can generate their own EEZs
- , such as the Spratly Islands in the South China Sea (claimed by China, Taiwan, Vietnam, the Philippines, Malaysia, and Brunei), can lead to competing EEZ claims and heightened regional tensions
- The legal status of maritime features (islands, rocks, or low-tide elevations) can also be contested, as seen in the South China Sea arbitration case between the Philippines and China
Economic significance of exclusive economic zones
Fisheries and aquaculture
- EEZs are crucial for the global fishing industry, as they contain the majority of the world's fish stocks
- Coastal states have the right to exploit and manage fisheries resources within their EEZs, which can include setting catch limits, allocating , and implementing conservation measures
- Aquaculture, or the farming of aquatic organisms (salmon, shrimp), is also increasingly important within EEZs, providing a significant source of food and economic activity
Oil and gas resources
- Many EEZs contain substantial oil and gas reserves, making them important sources of energy and revenue for coastal states
- Examples of significant oil and gas production in EEZs include the North Sea (Norway, United Kingdom), the Gulf of Mexico (United States, Mexico), and the Timor Sea (Australia, Timor-Leste)
- The exploration and exploitation of offshore oil and gas resources can be technologically challenging and environmentally sensitive, requiring careful management and regulation
Renewable energy potential
- EEZs offer significant potential for the development of offshore renewable energy, particularly wind, wave, and tidal power
- Offshore wind farms have been established in the EEZs of several countries (United Kingdom, Germany, China), providing clean energy and contributing to the transition away from fossil fuels
- The development of marine renewable energy technologies, such as wave and tidal power, is still in its early stages but holds promise for the future
Environmental concerns in exclusive economic zones
Overfishing and resource depletion
- Overfishing is a major concern in many EEZs, as it can lead to the depletion of fish stocks and the disruption of marine ecosystems
- Examples of overfished species include Atlantic cod, bluefin tuna, and various shark species
- To address overfishing, coastal states can implement measures such as catch limits, fishing quotas, and seasonal closures, as well as promote sustainable fishing practices and ecosystem-based management approaches
Pollution and habitat destruction
- EEZs are vulnerable to various forms of pollution, including oil spills, plastic waste, and agricultural runoff, which can have detrimental effects on marine life and coastal communities
- Coastal development, such as the construction of ports, tourist resorts, and aquaculture facilities, can also lead to the destruction of important marine habitats (coral reefs, mangroves, seagrass beds)
- Coastal states have the responsibility to prevent, reduce, and control pollution within their EEZs and to protect and preserve vulnerable marine ecosystems
Enforcement challenges in exclusive economic zones
Monitoring and surveillance difficulties
- Enforcing laws and regulations in EEZs can be challenging due to the vast areas involved and the limited resources available for monitoring and surveillance
- Coastal states often rely on a combination of patrol vessels, aircraft, and satellite imagery to detect and respond to illegal activities within their EEZs
- International cooperation and information sharing among states can help to improve the effectiveness of monitoring and surveillance efforts
Illegal, unreported, and unregulated fishing
- Illegal, unreported, and unregulated (IUU) fishing is a significant problem in many EEZs, undermining conservation efforts and the economic interests of coastal states
- IUU fishing can include fishing without a license, underreporting catches, or using prohibited fishing methods (drift nets, dynamite fishing)
- To combat IUU fishing, coastal states can strengthen their enforcement capabilities, implement port state measures to prevent the landing of illegally caught fish, and participate in regional and international initiatives to improve fisheries governance
International cooperation in exclusive economic zones
Regional fisheries management organizations
- (RFMOs) play a crucial role in the cooperative management of fish stocks that cross EEZ boundaries or occur in areas beyond national jurisdiction
- Examples of RFMOs include the International Commission for the Conservation of Atlantic Tunas (ICCAT) and the Western and Central Pacific Fisheries Commission (WCPFC)
- RFMOs are responsible for setting catch limits, allocating fishing rights, and implementing conservation and management measures for the fish stocks under their purview
Joint development agreements
- In cases where EEZ claims overlap or where resources straddle maritime boundaries, states can enter into to cooperatively manage and share the benefits of those resources
- Joint development agreements can cover various activities, such as fisheries, oil and gas exploitation, and environmental protection
- Examples of joint development agreements include the Timor Sea Treaty between Australia and Timor-Leste and the fisheries agreement between the European Union and Norway
Future developments in exclusive economic zones
Climate change impacts
- Climate change is expected to have significant impacts on EEZs, including rising sea levels, ocean acidification, and changes in the distribution and abundance of marine species
- Coastal states will need to adapt their management strategies and policies to address the challenges posed by climate change, such as the potential loss of coastal infrastructure and the displacement of fishing communities
- International cooperation will be essential to mitigate the impacts of climate change on EEZs and to promote the resilience of marine ecosystems and coastal communities
Emerging technologies and opportunities
- Advances in technology, such as remote sensing, autonomous vehicles, and biotechnology, are creating new opportunities for the sustainable use and management of EEZ resources
- For example, the development of offshore aquaculture using submersible cages or the use of drones for fisheries monitoring and enforcement
- However, emerging technologies also raise new challenges, such as the potential environmental impacts of deep-sea mining or the equitable sharing of benefits from marine genetic resources
- Coastal states will need to balance the opportunities and risks associated with emerging technologies and ensure that their development and use are consistent with the principles of sustainable development and the conservation of
Key Terms to Review (25)
Coastal States: Coastal states are countries that have a coastline along an ocean, sea, or any major water body. These states not only enjoy direct access to marine resources but also hold certain rights and responsibilities over the adjacent waters and seabed. The interests of coastal states are significant as they influence maritime boundaries, trade routes, and environmental protections in exclusive economic zones.
Continental Shelf: The continental shelf is the submerged border of a continent, extending from the coastline to the continental slope, where it drops off into the deep ocean. This area is crucial for economic activities, particularly in terms of exclusive economic zones (EEZs), as it often contains rich natural resources such as fish, oil, and gas. The continental shelf is typically characterized by shallow waters, making it a prime location for fishing and exploration.
Disputed Islands: Disputed islands are landmasses that are claimed by two or more countries, leading to conflicts over sovereignty and control. These islands often hold strategic importance due to their location, natural resources, and potential economic benefits, especially concerning fishing rights and the extraction of minerals. The tensions surrounding disputed islands can escalate into diplomatic standoffs or military confrontations, reflecting broader geopolitical rivalries and national interests.
Eez: An Exclusive Economic Zone (EEZ) is a sea zone over which a state has special rights regarding the exploration and use of marine resources, extending up to 200 nautical miles from its coastal baseline. In this area, the state has exclusive rights to harvest fish, extract minerals, and manage other resources, but it does not have full sovereignty like it would over its territorial waters. EEZs play a crucial role in international law and maritime resource management.
Exclusive Access: Exclusive access refers to the rights granted to a state to control and exploit marine resources within a designated area, specifically within its Exclusive Economic Zone (EEZ). This concept is crucial because it allows nations to manage fishing, mining, and other resource extraction without interference from other countries, promoting economic stability and sustainable practices in marine environments.
Exclusive Economic Zones: Exclusive Economic Zones (EEZs) are maritime areas extending up to 200 nautical miles from a coastal state's baseline, where that state has exclusive rights to explore, exploit, and manage natural resources, both living and non-living. This concept is crucial in international law, particularly in the United Nations Convention on the Law of the Sea (UNCLOS), as it helps balance coastal states' interests with those of other nations regarding maritime resources and environmental protection.
Falkland Islands Dispute: The Falkland Islands Dispute refers to the ongoing conflict between Argentina and the United Kingdom over the sovereignty of the Falkland Islands, located in the South Atlantic Ocean. This dispute is significant as it involves not only territorial claims but also the surrounding exclusive economic zones (EEZs) that are rich in marine resources, leading to heightened tensions between the two nations regarding fishing rights and exploration of potential oil reserves.
Fishing Rights: Fishing rights refer to the legal entitlements that countries have to fish in specific areas of the ocean, particularly within their Exclusive Economic Zones (EEZs). These rights are critical for managing and conserving fish stocks, regulating fishing activities, and determining which nations have access to marine resources. Understanding fishing rights is essential for addressing international disputes and promoting sustainable fishing practices.
Illegal, unreported, and unregulated fishing: Illegal, unreported, and unregulated (IUU) fishing refers to fishing activities that violate national laws or international agreements. This includes fishing without permission, not reporting catches, and operating outside of designated regulations. Such practices pose serious threats to marine ecosystems, undermine sustainable fisheries management, and can lead to economic losses for countries that depend on these resources.
Islands: Islands are landforms that are completely surrounded by water and can vary significantly in size, from small islets to large landmasses like Greenland. They play a crucial role in geopolitical and economic contexts, particularly in defining territorial boundaries and exclusive economic zones (EEZs), which grant coastal nations rights to exploit marine resources within a specified area surrounding their shores.
Joint Development Agreements: Joint development agreements (JDAs) are collaborative arrangements between two or more countries to manage and exploit resources within a shared area, often found in maritime regions. These agreements are particularly relevant in the context of exclusive economic zones (EEZs), where countries may have overlapping claims to resources such as oil, gas, and fisheries. JDAs aim to create a framework for cooperation that minimizes conflicts and maximizes the economic benefits from resource extraction.
Marine biodiversity: Marine biodiversity refers to the variety of life found in ocean and sea ecosystems, encompassing different species, genetic variations, and the ecological complexes they form. This diversity is crucial for maintaining healthy marine ecosystems and contributes to ecosystem services, such as food provision, climate regulation, and habitat protection. Understanding marine biodiversity is essential for managing resources and addressing environmental challenges, particularly in areas like exclusive economic zones and territorial waters.
Maritime Features: Maritime features refer to natural or man-made structures found in oceanic and coastal environments that play significant roles in navigation, resource management, and geopolitical dynamics. These features include islands, reefs, harbors, and shipping lanes, each impacting how nations interact with their maritime spaces. Understanding these features is crucial for comprehending the complexities of maritime boundaries, especially in the context of exclusive economic zones where countries have rights over marine resources.
Maritime Jurisdiction: Maritime jurisdiction refers to the legal authority a state has over its maritime areas, including the sea, ocean, and seabed. This concept is crucial for determining rights related to navigation, resource exploration, and environmental protection within these waters. It encompasses various maritime zones established by international law, such as territorial seas and exclusive economic zones, which influence how states can manage and utilize marine resources and assert control over their adjacent waters.
Maritime security: Maritime security refers to the measures taken to protect maritime activities and interests from threats such as piracy, terrorism, trafficking, and illegal fishing. This concept is crucial for safeguarding the economic and environmental interests of nations, especially within their exclusive economic zones (EEZs), where they have rights to explore and exploit marine resources.
Oil exploration: Oil exploration is the process of searching for potential underground or underwater oil and gas reserves. This involves geological surveys, seismic testing, and drilling to locate oil deposits, which can significantly impact economic and political landscapes globally. The discovery and extraction of oil can lead to increased revenues for countries, influence energy policies, and raise geopolitical tensions over resource control.
Overlapping claims: Overlapping claims refer to situations where two or more states assert rights over the same area or resource, leading to disputes and potential conflicts. This is particularly relevant in maritime contexts, where countries might claim jurisdiction over adjacent waters, often resulting in complex geopolitical tensions and negotiations. The existence of overlapping claims can significantly impact international relations and the management of shared resources.
Regional Fisheries Management Organizations: Regional fisheries management organizations (RFMOs) are intergovernmental bodies formed to manage and conserve fish stocks in specific geographic areas, particularly in international waters. These organizations play a crucial role in regulating fishing activities, promoting sustainable practices, and ensuring the long-term viability of marine resources, especially within exclusive economic zones (EEZs) where nations have special rights over the exploration and use of marine resources.
Resource rights: Resource rights refer to the legal entitlements and privileges a state has to access, manage, and utilize the natural resources found within its territory, including waters, minerals, and fisheries. This concept is crucial in understanding how nations assert control over their own resources and the implications for international law, particularly in maritime areas such as exclusive economic zones (EEZs). These rights help define a country's sovereignty over its natural assets and can lead to disputes with neighboring countries over overlapping claims.
South China Sea tensions: South China Sea tensions refer to the ongoing geopolitical conflicts and territorial disputes in the South China Sea, primarily involving China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan. These tensions are largely driven by competing claims over maritime boundaries and resources, particularly in relation to exclusive economic zones (EEZs), which are areas where states have special rights regarding the exploration and use of marine resources.
Sovereign Rights: Sovereign rights refer to the exclusive rights a state has over its territory and the resources within it, as recognized by international law. This concept is vital in understanding how nations control their land and maritime areas, including rights to explore and exploit natural resources, such as fish and oil, and manage activities like shipping and navigation within designated zones.
Sustainable Fisheries: Sustainable fisheries refer to fishing practices that maintain fish populations at healthy levels and minimize environmental impacts while ensuring economic viability for those involved in the industry. These practices involve managing fish stocks to prevent overfishing, protecting marine ecosystems, and promoting responsible fishing methods that do not harm the ocean’s biodiversity. This concept is crucial for ensuring that future generations can continue to enjoy seafood without depleting the ocean's resources.
Territorial disputes: Territorial disputes are conflicts that arise over the ownership or control of land or maritime areas between two or more parties, typically nations. These disputes often stem from historical claims, differing interpretations of boundaries, or resource competition. The resolution of these disputes is crucial for maintaining peaceful international relations and can significantly impact the rights to exclusive economic zones and the assertion of territorial sovereignty.
UNCLOS: The United Nations Convention on the Law of the Sea (UNCLOS) is an international treaty that establishes guidelines for the use of the world's oceans, covering various aspects such as territorial waters, continental shelves, and exclusive economic zones (EEZs). This framework is essential for regulating maritime activities and ensuring that coastal nations have rights to marine resources while balancing the interests of all states. UNCLOS plays a critical role in fostering cooperation among nations regarding navigation, environmental protection, and resource management in marine areas.
United Nations Convention on the Law of the Sea: The United Nations Convention on the Law of the Sea (UNCLOS) is an international treaty that establishes a comprehensive legal framework for the use and conservation of the world's oceans and their resources. It defines various maritime zones, including territorial waters and exclusive economic zones, laying down the rights and responsibilities of nations in these areas while promoting peaceful cooperation among states.