waters has seen no parallel in no other region of the world, with the region staging
the largest organic movement to enlarge territorial jurisdiction seawards that the law
of the sea had ever seen.
45 Initially, those states reacted to the 1945 Truman
Proclamations and formulated claims to expand specialized and functional jurisdiction over the seas, with a few exceptional claims to full sovereignty. The rights
asserted in the region were such, that the Truman Proclamation on the continental
shelf appears modest along their side, as explained below.
Upon analyzing the behavior of Latin American states prior and during UNCLOS
negotiations, Garcia-Amador identified two distinct phases of jurisdictional expansionism. In a moment, some states sought exclusive access to living and non-living
resources, and paid little attention to delimiting the distance up to which exclusive
jurisdiction would be exercised. They affirmed jurisdiction to legislate and control
overfishing beyond the territorial sea adjacent to their shores. To start with, the
Declaration of Mexico on the Continental Shelf of 1945, claimed the right to take
unilateral measures to conserve the living resources in zones of the high seas.
46
Following Mexico, other countries claimed exclusive protective jurisdiction over
natural resources outside the territorial sea.
47 Argentina claimed the “Epicontinental
Sea” in 1946
48 and Honduras passed instruments that placed both continental shelf
and water column above under national jurisdiction in 1950 and 1951.
49
A second phase was characterized by far-reaching assertions over a clearly
defined 200-nm adjacent zone. In this context, postulations by Chile (1947)
50 and
Peru (1947), the latter having proclaimed “national sovereignty and jurisdiction”
over submarine areas whatever their depth or extension, as well as over the adjacent
waters to the extent necessary “to preserve, protect, maintain, and utilize natural
maritime states. Showed how relevant for a nation’s interests exclusive fishing rights were. Iceland
were successful in extending the EEZ to a breadth that is currently internationally accepted. In 1958,
Iceland unilaterally extended their EEZ to 12 nm, in order to suppress the overexploitation of their
fisheries. The breadth of the economic zone was then pushed to 50 nm seaward in 1972 and to
200 nm in 1976. This classical example of creeping on jurisdiction has certainly upset the United
Kingdom and damaged English and Scotch ports, fishermen, and shore-based laborers. However,
the absence of exclusive rights for the coastal state (Iceland) would have meant limited management
maneuver room in terms of exploitation rhythm and conservation measures, as well as the unilateral
harvesting of natural resources close to the shore by well-equipped fishing fleets from economically
advanced countries. See Icelandic Ministry of Fisheries and Agriculture, Available at: https://www.
government.is/topics/business-and-industry/fisheries-in-iceland/history-of-fisheries/.
Accessed
10 April 2020.
45 See generally Garcia-Amador (1974).
46 Declaration of the President of Mexico claiming the resources of the Continental Shelf off the
coasts of the Republic. El Universal, Mexico City, 30 October 1945.
47 Garcia-Amador (1974), p. 34.
48 Republic of Argentina, Decree no 14.708, 11 October 1946, Arts. 1 and 2.
49 Republic of Honduras, Legislative Decree No. 25, 17 January 1951.
50 Declaration by the President of the Republic of Chile, regarding Chilean Territorial Claims,
President Gabriel Videla, 23 June 1947.
6.3 Reasons for Alarm?
151
the largest organic movement to enlarge territorial jurisdiction seawards that the law
of the sea had ever seen.
45 Initially, those states reacted to the 1945 Truman
Proclamations and formulated claims to expand specialized and functional jurisdiction over the seas, with a few exceptional claims to full sovereignty. The rights
asserted in the region were such, that the Truman Proclamation on the continental
shelf appears modest along their side, as explained below.
Upon analyzing the behavior of Latin American states prior and during UNCLOS
negotiations, Garcia-Amador identified two distinct phases of jurisdictional expansionism. In a moment, some states sought exclusive access to living and non-living
resources, and paid little attention to delimiting the distance up to which exclusive
jurisdiction would be exercised. They affirmed jurisdiction to legislate and control
overfishing beyond the territorial sea adjacent to their shores. To start with, the
Declaration of Mexico on the Continental Shelf of 1945, claimed the right to take
unilateral measures to conserve the living resources in zones of the high seas.
46
Following Mexico, other countries claimed exclusive protective jurisdiction over
natural resources outside the territorial sea.
47 Argentina claimed the “Epicontinental
Sea” in 1946
48 and Honduras passed instruments that placed both continental shelf
and water column above under national jurisdiction in 1950 and 1951.
49
A second phase was characterized by far-reaching assertions over a clearly
defined 200-nm adjacent zone. In this context, postulations by Chile (1947)
50 and
Peru (1947), the latter having proclaimed “national sovereignty and jurisdiction”
over submarine areas whatever their depth or extension, as well as over the adjacent
waters to the extent necessary “to preserve, protect, maintain, and utilize natural
maritime states. Showed how relevant for a nation’s interests exclusive fishing rights were. Iceland
were successful in extending the EEZ to a breadth that is currently internationally accepted. In 1958,
Iceland unilaterally extended their EEZ to 12 nm, in order to suppress the overexploitation of their
fisheries. The breadth of the economic zone was then pushed to 50 nm seaward in 1972 and to
200 nm in 1976. This classical example of creeping on jurisdiction has certainly upset the United
Kingdom and damaged English and Scotch ports, fishermen, and shore-based laborers. However,
the absence of exclusive rights for the coastal state (Iceland) would have meant limited management
maneuver room in terms of exploitation rhythm and conservation measures, as well as the unilateral
harvesting of natural resources close to the shore by well-equipped fishing fleets from economically
advanced countries. See Icelandic Ministry of Fisheries and Agriculture, Available at: https://www.
government.is/topics/business-and-industry/fisheries-in-iceland/history-of-fisheries/.
Accessed
10 April 2020.
45 See generally Garcia-Amador (1974).
46 Declaration of the President of Mexico claiming the resources of the Continental Shelf off the
coasts of the Republic. El Universal, Mexico City, 30 October 1945.
47 Garcia-Amador (1974), p. 34.
48 Republic of Argentina, Decree no 14.708, 11 October 1946, Arts. 1 and 2.
49 Republic of Honduras, Legislative Decree No. 25, 17 January 1951.
50 Declaration by the President of the Republic of Chile, regarding Chilean Territorial Claims,
President Gabriel Videla, 23 June 1947.
6.3 Reasons for Alarm?
151