National Security - EEZ & Continental Shelf

Exclusive Economic Zone (Art 57)

shall not exceed beyond 200 nautical miles from the baselines

True

The EEZ legal regime is where exclusive and inclusive policy considerations merge most

The LOS Convention expands the original fisheries jurisdiction to include control over all resources within the EEZ.

the authority to conduct military exercises within the EEZ outside the limits of a coastal state’s claimed territorial sea are unfettered

Exploring and exploiting, conserving and managing EEZ natural resources;

This includes living and non-living resources in the water column, on and within the seabed and its subsoil;

Economic exploitation and exploration, such as energy production.

Artificial islands, installations and structures;

Marine scientific research (Not Military Surveys)

protection of the environment

States are req'd to act with “due regard.’

Coastal State must not restrict freedoms of navigation

overflight

coastal state may not restrict high seas freedoms

Some States contend that military surveillance activities, for example, may not be conducted in the EEZ.

brazil and Iran are two states that seek to prohibit all operations within the EEZ to which they have not expressly consented.

the conflict should be resolved “on the basis of equity and in light of all the relevant circumstances.”

High seas freedoms of navigation and overflight

Laying of marine cables and pipelines

Truman Proclamation

1945 Truman proclaimed sovereign rights over the oil and gas resources of the continental shelf in 1945.

Same year, he also claimed certain exclusive rights in fisheries resources.

Reagan Proclamation

1983 President Reagan issued a proclamation claiming EEZ.

Cod Wars

in the 1950’s and 1970’s that nearly took place between Iceland and the United Kingdom

Tragedy of the commons

High-seas fisheries, in which the State or industry with the greatest efficiency and capitalization takes the largest take of the available resources

Importance of Fisheries

Fisheries provide 16 percent of the world population's protein

Top producing countries

China, Peru, Japan, the United States, Chile, Indonesia, Russia, India, Thailand, Norway, and Iceland.

China alone accounted for a third of the world's production.

Trawlers

can take huge amounts of targeted fish and marine mammals.

Fishing Techniques

Driftnet

trawlers

Driftnet Fishing

composed of nylon monofilament nets floating on the tops of the ocean dozens of miles long, result in a “wall of death” that takes many birds, turtles, and other species not targeted at all.

Curtains of death

By Catch

The problem with driftnet fishing This problem is known as “by catch.”

Outlawed in Indonesia

Illegal Fishing

Illegal, unregulated, and unreported (IUU) fishing is a problem in many parts of the world, with most coastal States unable to enforce their fishery laws.

Migratory Stocks

right outside 200nm and right inside the 200nm boundary (EEZ)

it doesn't address migratory stocks.

Harvestable fish stock

Most is found within Coastal State EEZs

EEZ Fisheries

Is a general obligation to conserve (Art. 61,, par.2);

Obligation to invite States who have traditionally fished within the EEZ (Art 62, par. 3)

Allow land-locked or disadvantaged States to harvest surplus catch. (Art. 62, par. 2 & 3)

The harvest catch access requirement does not apply if the Coastal State’s economy is “overwhelmingly dependent on EEZ living resources. (Art 71)

Types of Fish Stock

Coastal Stocks (localized)

Anadromous (e.g., salmon) spawn in fresh, but live in marine waters (Article 66);

Catadromous (e.g., eels) spawn in marine but live in fresh waters (Article 67);

Highly Migratory (e.g., tuna, swordfish) Article 64;

Marine Mammals (e.g., whales) Article 65

Straddling Stocks (e.g., cod, halibut) Article 63;

Sedentary (e.g., clams, oysters, mussels) Article 68

Management and Conservation

Maximum Sustainable Yield (MSY)

Determine the Total Allowable Catch (TAC)

Regulatory Measures

Set TAC for each species

Regulate fishing equipment

Close off areas

Establish seasonal measures

and

Set allowable by-catch levels

High Seas Fishing

States take measures to “maintain and restore populations of harvested species at levels which can produce a maximum sustainable yield” based on “best scientific evidence available to the States concerned.” (Art. 119 (a)).

Article 119 2 requires sharing pertinent conservation information and data, and

Article 119 3 requires that conservation measures not discriminate “in form or in fact against fishermen of any State.”

Article 116 (b) which limits this high seas fishing freedom to the “rights and duties as well as the interests of coastal States” under the EEEZ provisions.

Maritime Activities Within EEZ & Continental Shelf

artificial islands and structures in the EEZ or on the continental shelf fall within the jurisdictional cognizance of the coastal State.

the coastal State controls research within its EEZ. This is certainly the case in terms of exploration of economic resources.

the coastal State has less ability to refuse permission for “pure research,” such as might be performed by a foreign oceanographic institute.

Research in EEZ

anyone seeking to conduct such research must request permission from the coastal State, and

must describe the nature of the research,

who is going to conduct it

how long it will take place

give the coastal State scientists an opportunity to participate in the research activities.

Coastal State Duty

The coastal State has extensive authority and responsibility to protect the marine environment from pollution, particularly from dumping and discharges.

Laying Submarine Cables

The coastal State has less authority to control traditional “high seas” freedoms, such as the laying of submarine cables and pipelines, navigation and overflight, and military activities.

Due Regard

all such activities must be conducted with “due regard” for the rights and duties of all of the States concerned.

Continental Shelf Composition

The continental materials, mostly granite and related rocks, are lighter than the basalt that makes up most of the deep ocean and underlying mantel.

Living Resources on Continental Shelf

You should also be aware that there are some living resources found on the continental shelf, such as lobsters, oysters, and scallops.

1958 Continental Shelf Convention

States have “sovereign rights” to exploit continental shelf resources

“Natural prolongation” of the continent

• Maximum depth of 200 meters or further to the limits of ”exploitability”
• (or if the coastal state can show that the continental shelf is naturally prolonged, can get a 350 mile extension)

Continental Shelf

200 nautical miles out,

the coastal state has complete sovereign rights to explore and exploit the economic resources under the ocean, on the seabed, in the water column, and on the surface. (It also extends to the resources of the air above it, such as in wind farms.) Some extend out to 600 miles

Oil & Gas

The most important resource in the continental shelf

Safety Zone

500 m safety zone around oil rigs

Oil Rig Removal

The coastal state has to ensure that a rig that is not operational is removed

Coastal State Sovereign Rights

The coastal State retains “sovereign rights” over the resources of the continental shelf

Mineral and other non-living resources

Sedentary species (e.g., scallops) (Article 77, par. 4)

Laying Cables & Pipelines

There is an inclusive rights to lay and maintain submarine cables and pipelines.

Subject to its right “to take reasonable measures” to ensure its rights to exploit the natural resources and to prevent pollution,

coastal State “may not impede the laying or maintenance of such cables or pipelines.”

Coastal State Consent

However, the “delineation of the course for the laying of such pipelines on the continental shelf is subject to the consent of the coastal State.”