(iv) Jurisdiction over other rights & duties provided by the convention.
15 The
coastal State is enjoined by the provision of section 56 (2) to have due regard
for the rights of other states in the EEZ.
Article 55 describes the EEZ as “an area beyond and adjacent to the territorial sea,
subject to the specific legal regime established in this part under which the rights and
jurisdiction of the coastal State and the rights and freedoms of other states are
governed by the relevant provisions of this Convention”. The rights of the coastal
State in the EEZ are more particularly spelt out in Article 56. Article 57 provides the
extent of the EEZ. It states: “The Exclusive Economic Zone shall not extend
200 nautical miles from the baselines from which the breadth of the territorial sea
is measured”.
In examining the rights of the coastal State under Article 56, it is also necessary to
look at Article 246(1) which provides coastal States with the powers to regulate,
authorize and conduct marine scientific research in the EEZ and on their continental
shelf.
16 The Uniqueness of the EEZ lies in the fact that the sovereign rights of the
coastal State pertain only to the resources of the zone rather than to the zone itself.
17
It needs be pointed out that even though the EEZ has the character of the high
seas, no state can conduct marine scientific research in the EEZ without the consent
of the coastal State.
18 The consent of the coastal State may not however be unreasonably withheld. There could also be implied consent with the necessary conditions.
19 On issues dealing with the resolution of conflicts with respect to the EEZ,
UNCLOS provides in Article 59 as follows: “In cases where this convention does
not attribute rights or jurisdiction to the coastal State or to other states within the
EEZ, and a conflict arises between the interests of the coastal State and any other
state or states, the conflict shall be resolved on the basis of equity and in the light of
all the relevant circumstances, taking into account the respective importance of the
interests involved to the parties as well as to the international community as a whole.
Within the EEZ the coastal State has the exclusive right to construct and to authorize
and regulate the construction and operation of artificial islands, installations and
structures for economic purposes.
As indicated earlier, the EEZ is a zone sui generis. In this respect therefore other
states also have rights within the EEZ and it therefore becomes imperative that these
are recognized by the coastal State in order to avoid conflicts. Under UNCLOS,
foreign states shall enjoy some of the freedoms of the high seas set forth in Article
87. These include:
15 UNCLOS Article 56.
16 This must be read together with Articles 238–304 which amongst others deals with the obligations
of states to foster international cooperation and peaceful ends.
17 Phillips (1977).
18 UNCLOS Article 246.
19 UNCLOS Articles 252 and 253.
Coastal, Flag and Port State Jurisdictions: Powers and Other. . .
501
15 The
coastal State is enjoined by the provision of section 56 (2) to have due regard
for the rights of other states in the EEZ.
Article 55 describes the EEZ as “an area beyond and adjacent to the territorial sea,
subject to the specific legal regime established in this part under which the rights and
jurisdiction of the coastal State and the rights and freedoms of other states are
governed by the relevant provisions of this Convention”. The rights of the coastal
State in the EEZ are more particularly spelt out in Article 56. Article 57 provides the
extent of the EEZ. It states: “The Exclusive Economic Zone shall not extend
200 nautical miles from the baselines from which the breadth of the territorial sea
is measured”.
In examining the rights of the coastal State under Article 56, it is also necessary to
look at Article 246(1) which provides coastal States with the powers to regulate,
authorize and conduct marine scientific research in the EEZ and on their continental
shelf.
16 The Uniqueness of the EEZ lies in the fact that the sovereign rights of the
coastal State pertain only to the resources of the zone rather than to the zone itself.
17
It needs be pointed out that even though the EEZ has the character of the high
seas, no state can conduct marine scientific research in the EEZ without the consent
of the coastal State.
18 The consent of the coastal State may not however be unreasonably withheld. There could also be implied consent with the necessary conditions.
19 On issues dealing with the resolution of conflicts with respect to the EEZ,
UNCLOS provides in Article 59 as follows: “In cases where this convention does
not attribute rights or jurisdiction to the coastal State or to other states within the
EEZ, and a conflict arises between the interests of the coastal State and any other
state or states, the conflict shall be resolved on the basis of equity and in the light of
all the relevant circumstances, taking into account the respective importance of the
interests involved to the parties as well as to the international community as a whole.
Within the EEZ the coastal State has the exclusive right to construct and to authorize
and regulate the construction and operation of artificial islands, installations and
structures for economic purposes.
As indicated earlier, the EEZ is a zone sui generis. In this respect therefore other
states also have rights within the EEZ and it therefore becomes imperative that these
are recognized by the coastal State in order to avoid conflicts. Under UNCLOS,
foreign states shall enjoy some of the freedoms of the high seas set forth in Article
87. These include:
15 UNCLOS Article 56.
16 This must be read together with Articles 238–304 which amongst others deals with the obligations
of states to foster international cooperation and peaceful ends.
17 Phillips (1977).
18 UNCLOS Article 246.
19 UNCLOS Articles 252 and 253.
Coastal, Flag and Port State Jurisdictions: Powers and Other. . .
501