Exclusive economic zones (EEZs) are vital maritime areas extending 200 nautical miles from a country's coast. They grant nations sovereign rights 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 overlapping claims 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 United Nations Convention on the Law of the Sea (UNCLOS) to balance the interests of coastal states 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 continental shelf 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 islands, 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 EEZ 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 maritime features can significantly impact the extent of a country's EEZ, as these features can generate their own EEZs
- Disputed islands, 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 fishing rights, 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
- 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 joint development agreements 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 marine biodiversity