CYIL vol. 15 (2024)

JAN ONDŘEJ laying of submarine cables, and pipelines, as well as other means use of the sea. These are three of the six freedoms listed in Article 87 of the Convention. Importantly, the exercise of these freedoms must be compatible with the other provisions of the Convention. These are, for example, the rights of the coastal state listed in Article 73 of the Convention, according to which the authorities of the coastal state have the right to enter a foreign ship, carry out an inspection, or even detain the ship in the event of a violation of the fishing rights of the coastal state. 16 Another example is the requirement in Article 60(6) of the Convention that all ships must respect safety zones and obey generally accepted international standards relating to navigation near artificial islands, installations and structures, and safety zones. The legal regulation of the exclusive economic zone is thus based on a balance between the rights of the coastal state and the rights of other states. However, this balance may be disturbed by the tendency of the coastal states to enact legislation either strengthening the competence and jurisdiction of the coastal state or restricting the freedoms recognized in the exclusive economic zone regarding navigation, overflight, the laying of submarine cables, and pipelines or other freedoms recognized by international law, which are associated with these freedoms. Freedom of navigation may be subject to restrictions that are not consistent with the Convention. This is, for example, the protection of the marine environment from ship-source pollution. The discussion on the provisions on pollution from ships (vessels) was one of the most contentious during the negotiations at the Third Conference on the Law of the Sea. 17 Pursuant to Article 211(5) of the Convention, in order to ensure compliance with measures, coastal states may, in respect of their exclusive economic zones, adopt legislation to prevent, reduce, and control pollution from vessels. However, this legislation must correspond to generally accepted international norms and standards established through relevant international organizations. This organization refers to the International Maritime Organization (IMO). In this direction, the coastal state is thus limited in adopting laws and regulations. 18 However, several states have adopted a regulation that is inconsistent with the protection of the marine environment. For example, several states require prior authorization before all ships enter the exclusive economic zone. 19 France and Spain, under the influence of the Prestige tanker accident in 2002, require that all oil tankers sailing through their exclusive economic zone notify these states in advance of their cargo, destination, flag state, and operator, with the provision that all hulled tankers older than 15 years are subject to inspections by coastal authorities. 20 16 BECKMAN, R., DAVENPORT, T. The EEZ Regime: Reflections after 30 Years. LOSI Conference Papers 2012 “Securing the Ocean for the Next Generation”, p. 17. In: https://www.law.berkeley.edu/files/Beckman Davenport-final.pdf, (accessed on 10. 4. 2024). 17 Ibid. 18 International Convention for the Prevention of Pollution from Ships 1973 UNTS 1340, 184, as amended by the Protocol Relating to the International Convention for the Prevention of Pollution from Ships of 1973, 17 February 1978, UNTS 1340, 61 (MARPOL73/78). 19 E.g., Guyana, India, Pakistan. 20 BECKMAN, R., DAVENPORT, T. The EEZ Regime: Reflections after 30 Years. LOSI Conference Papers 2012 “Securing the Ocean for the Next Generation”, p. 19. In: https://www.law.berkeley.edu/files/Beckman Davenport-final.pdf, (accessed on 10. 4. 2024).

10