(1) Navigation.
(2) Overflight.
(3) Laying a sub-marine cables and pipelines.
(4) Other internationally lawful uses of the sea related to those freedoms.
It is also important to note that by virtue of article 58 of UNCLOS, articles 88 to
115, which apply to high seas can be applied to the EEZ where they are not
incompatible with the articles pertaining to the EEZ. Thus, in view of the fact that
the superjacent waters of the EEZ is characterized as high seas, the rights of the
coastal State are restricted to the exploitation of economic resources while other
states are afforded through the provisions of UNCLOS non-economic rights in
the EEZ.
2.6 Continental Shelf
Article 77 of UNCLOS spells out the rights of the coastal State over the continental
shelf. It provides the State with sovereign rights for the purpose of exploring and
exploiting its natural resources. It is important to note that these rights are exclusive
as no other country may explore or exploit the resources without the consent of the
coastal State. Furthermore, the convention provides that the rights enjoyable by the
coastal State with respect to its continental shelf do not affect the legal status of the
superjacent waters or the airspace above those waters and the rights of the coastal
State must not interfere with the freedom of navigation.
2.7 High Seas
It is important to note that in the development of the law relating to the use of the sea,
the quest for unlimited freedom reigned supreme. This was borne out of the
development of custom with respect to the use of the seas for its resources,
navigation and for purposes of security. The concept of the maritime commons
and the need for preservation and conservation led to a reformulation of the rules
regarding the uses of the sea.
20 As coastal States clamoured for more jurisdiction and
control over the waters adjacent to their coasts, the fundamental principle of freedom
of the seas was diminished.
Even though the fundamental principle of freedom of the seas was diminished,
the freedoms relating to what was later characterized as the high seas remained
unfettered.
21 The freedoms include:
20 Pardo (1982).
21 UNCLOS Article 87.
502
E. K. Mbiah
(2) Overflight.
(3) Laying a sub-marine cables and pipelines.
(4) Other internationally lawful uses of the sea related to those freedoms.
It is also important to note that by virtue of article 58 of UNCLOS, articles 88 to
115, which apply to high seas can be applied to the EEZ where they are not
incompatible with the articles pertaining to the EEZ. Thus, in view of the fact that
the superjacent waters of the EEZ is characterized as high seas, the rights of the
coastal State are restricted to the exploitation of economic resources while other
states are afforded through the provisions of UNCLOS non-economic rights in
the EEZ.
2.6 Continental Shelf
Article 77 of UNCLOS spells out the rights of the coastal State over the continental
shelf. It provides the State with sovereign rights for the purpose of exploring and
exploiting its natural resources. It is important to note that these rights are exclusive
as no other country may explore or exploit the resources without the consent of the
coastal State. Furthermore, the convention provides that the rights enjoyable by the
coastal State with respect to its continental shelf do not affect the legal status of the
superjacent waters or the airspace above those waters and the rights of the coastal
State must not interfere with the freedom of navigation.
2.7 High Seas
It is important to note that in the development of the law relating to the use of the sea,
the quest for unlimited freedom reigned supreme. This was borne out of the
development of custom with respect to the use of the seas for its resources,
navigation and for purposes of security. The concept of the maritime commons
and the need for preservation and conservation led to a reformulation of the rules
regarding the uses of the sea.
20 As coastal States clamoured for more jurisdiction and
control over the waters adjacent to their coasts, the fundamental principle of freedom
of the seas was diminished.
Even though the fundamental principle of freedom of the seas was diminished,
the freedoms relating to what was later characterized as the high seas remained
unfettered.
21 The freedoms include:
20 Pardo (1982).
21 UNCLOS Article 87.
502
E. K. Mbiah