CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ THIRTY YEARS SINCE THE ENTRY INTO FORCE OF THE UN CONVENTION … Conference on the Law of the Sea and the Articles 55 and 86 of the Convention on the Law of the Sea express that the exclusive economic zone does not have the residual character of the high seas. 11 The exclusive economic zone is thus neither the high seas nor an extension of the territorial sea, but a sui generis zone. 12 Similarly, R.R. Churchill and A.V. Lowe state that an exclusive economic zone is a special zone sui generis, situated between the territorial sea and the high seas. 13 A similar conclusion, that it is the sui generis zone different from the territorial sea or high seas, was reached by, e.g., Y. Tanaka. 14 The special nature of the sui generis exclusive economic zone is manifested in three basic elements. First, the rights that the Convention on the Law of the Sea grants to the coastal states are defined. Second, there are the rights and obligations that the Convention on the Law of the Sea confers on other states , and third, there are provisions of the Convention that regulate activities that do not fall under either of the two previous categories. 15 The exclusive economic zone thus represents a significant limitation of the high seas and the high seas regime. From the point of view of the overall legal regulation of the sea, the exclusive economic zone is the most significant change of the legal regulation of the sea to date. The rights that the UN Convention on the Law of the Sea grants to the coastal states are defined in the Article 56 of the Convention. According to paragraph 1(a) the coastal state is granted sovereign rights for the purpose of exploration and exploitation of natural resources, whether living or non-living, of the seabed and its subsoil and the waters lying above them, their preservation and management, and sovereign rights with regard to other activities related to the economic exploration and exploitation of the zone, such as generating energy using water, currents, and winds. The concept of sovereign rights expresses complete, although only individual rights, that are more precisely specified. They do not in any way imply sovereignty over the given area. The state may therefore not appropriate the continental shelf or the exclusive economic zone as such. Furthermore, the coastal state has the exclusive right in the exclusive economic zone to build, authorize and manage the construction, operation and use of: (a) artificial islands, (b) facilities and structures for the purposes provided for in Article 56 and for other economic purposes. The coastal state has exclusive jurisdiction over such artificial islands, facilities, and structures, including jurisdiction over customs, financial, health, security, and immigration regulations. The rights and obligations of other states in the exclusive economic zone are expressed in Article 58 of the Convention. According to Article 58(1), subject to the relevant provisions of this Convention, all states, whether coastal or landlocked, enjoy in the exclusive economic zone the freedoms mentioned in Article 87, namely freedom of navigation, overflight, 11 CHURCHILL, R. R. and LOWE, A. V. The Law of the Sea . Third edition . Manchester: Manchester University Press, 1999, p. 165. 12 GUILFOYLE, D. The High Seas in: ROTHWELL, D. R., ELFERINK A, G. O., SCOTT K, N., STEPHENS, T. The Oxford Handbook of The Law of the Sea . Oxford: Oxford University Press, 2015, p. 205. 13 CHURCHILL, R. R. and LOWE, A. V. The Law of the Sea . Third edition . Manchester: Manchester University Press, 1999, p. 166. Similarly, M. Evans refers to the exclusive economic zone as being neither the coastal sea nor the high seas. In: EVANS, M. D. International Law. Second edition. Oxford: Oxford University Press, 2006, p. 644. 14 TANAKA, Y. The International Law of the Sea. Cambridge: Cambridge University Press, 2012, p. 126. 15 CHURCHILL, R. R. and LOWE, A. V. The Law of the Sea . Third edition . Manchester: Manchester University Press, 1999, p. 166.

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