36).
2. Continental Shelf
1. EEZ
• Part V, Arts. 55- 75, LOSC;
• Max 200-nm measured from the baselines;
• State can claim less than 200nm EEZ if encroaching other
State’s boundary.
• A recent origin:
• Aspiration of many newly-independence developing
countries;
• Asian-African Legal Consultative Committee 1971;
• Acceptance gained momentum during UNCLOS III.
• Coastal State enjoys sovereign rights over natural
resources & related rights;
• User States enjoys freedom of navigation, over-
flight & laying of submarine cables and pipes.
Rights, Jurisdictions & Duties of Coastal
States
• Sovereign rights exploring, exploiting & managing
natural living & non-living resources:
• Other economic activities or exploitation e.g. production
of energy from water, currents & winds.
• Est. artificial islands, installations & structures;
• Marine scientific research;
• Protection & preservation marine environment;
• Fishery;
• Incl. anadromous species, catadromous species, marine
mammal species
• Delineating pipelines.
Rights, Jurisdictions & Duties of User States
• Freedom of navigation & over-flight;
• Laying of submarine cables & pipelines (except
delineation of pipelines);
• Other internationally lawful uses of the sea
associated with the above activities;
• What are the right enjoyed land-locked States &
geographically-disadvantage States in a foreign
EEZ ?
2. Continental Shelf
• Truman Proclamation 1945
• Submerged prolongation of the land mass of the coastal
State
• Consists of seabed adjacent a typical coast comprised of
Continental Margin
• continental rise, continental slope, and continental shelf proper.
• No need to claim CS
• Inherent State’s rights over CS.
• 1969 ICJ North Sea Continental Shelf Case.
1. High Sea
2. Deep Seabed
1. High Sea
• Part of the sea excluding EEZ, territorial sea, internal waters, and
archipelagic water;
• No State can claim sovereignty over the high seas;
• But …..exclusive flag State jurisdiction applies.
• Activities in high seas shall be reserved for peaceful purposes only;
• Doctrine of freedom of high seas applies;
• Should be exercised with due regard to the interests of other States and the
rules of international laws.
Doctrine of Freedom of the High Seas
• Freedom of the high seas under the LOSC
comprised:
1. Freedom of navigation;
2. Freedom of over-flight;
3. Freedom to lay submarine cables & pipelines subject
to Part VI, LOSC (in the case of continental shelf);
4. Freedom to construct artificial islands and other
installations permitted under international law and
subject to Part VI, LOSC;
5. Freedom of fishing subject to conditions laid down in
Section 2, LOSC;
6. Freedom of scientific research subject to parts VI and
XIII, LOSC (regulating marine scientific research).
2. Deep Seabed