2.3 Alboran Sea: Law of the Sea and Jurisdictional Issues
The Alboran Sea connects two continents and links States that share, in addition to
their history and their concerns, territorial conflicts. In this chapter, we first try to
place this maritime space in its legal context and, subsequently, present the States
that share a border and the sea’s national maritime legislation. Finally, we address
the maritime borders and current conflicts. In this section, the scope of analysis is the
one already described previously.
Although all the States present in the sea have declared an EEZ, there are also
high seas waters due to the particularity of Spanish legislation, which sets Spain’s
EEZ from Cabo de Gata, although the bed and subsoil of the overlying water column
are part of the Spanish continental shelf.
The most extensive jurisdiction corresponds to EEZ (41%), followed by territorial
sea (32%) and high seas (22%). At the national level, Spain is the State with the
greatest jurisdictional presence (Tables 2.1 and 2.2).
2.3.1 The Alboran Sea in the Context of UNCLOS
By sea, we mean a surface that is differentiated by having its own identity: basic
level, hydrographical and hydrological characteristics. However, in reality, a welldefined surface area of any particular sea might bear a name of its own. In the case of
the Mediterranean Sea, there are several such areas (or sub-basins), some of which
have long histories, while others are simply recognized by the names of the coastal
States that are part of their littoral, or even the names of some submerged islands
under the surface. The Alboran Sea, which is the object of study of this work, is no
exception and owes its name to Alboran Island. Consequently, in short, as has
already been indicated above, the Alboran Sea is simply one part of the
Mediterranean Sea.
Now, it is a fair question to ask about its legal regime. How might it be defined in
accordance with the United Nations Convention on the Law of the Sea (UNCLOS)?
Before answering, it would be appropriate to present the definitions attributed to the
various legal regimes for seas.
In Part IX and, more specifically, in Article 122, UNCLOS lays down definitions
for two categories of the sea: closed and semi-enclosed. The convention recognises
the first as a sea surrounded by several States that communicates with another sea or
ocean through a narrow passage.
The most common example given for this is the Mediterranean Sea. As for the
second, this refers to any sea constituted wholly or mainly by the Territorial Seas and
Exclusive Economic Zones of several States. One example of this is the Caspian Sea.
According to this illustration, if the Mediterranean Sea is a semi-enclosed sea and
the Alboran Sea is a part thereof, ipso facto it, too, is a semi-enclosed sea. Moreover,
it is a perfect example of this regime, as it is connected with the ocean via a narrow
18
J. L. Suárez-de Vivero et al.
The Alboran Sea connects two continents and links States that share, in addition to
their history and their concerns, territorial conflicts. In this chapter, we first try to
place this maritime space in its legal context and, subsequently, present the States
that share a border and the sea’s national maritime legislation. Finally, we address
the maritime borders and current conflicts. In this section, the scope of analysis is the
one already described previously.
Although all the States present in the sea have declared an EEZ, there are also
high seas waters due to the particularity of Spanish legislation, which sets Spain’s
EEZ from Cabo de Gata, although the bed and subsoil of the overlying water column
are part of the Spanish continental shelf.
The most extensive jurisdiction corresponds to EEZ (41%), followed by territorial
sea (32%) and high seas (22%). At the national level, Spain is the State with the
greatest jurisdictional presence (Tables 2.1 and 2.2).
2.3.1 The Alboran Sea in the Context of UNCLOS
By sea, we mean a surface that is differentiated by having its own identity: basic
level, hydrographical and hydrological characteristics. However, in reality, a welldefined surface area of any particular sea might bear a name of its own. In the case of
the Mediterranean Sea, there are several such areas (or sub-basins), some of which
have long histories, while others are simply recognized by the names of the coastal
States that are part of their littoral, or even the names of some submerged islands
under the surface. The Alboran Sea, which is the object of study of this work, is no
exception and owes its name to Alboran Island. Consequently, in short, as has
already been indicated above, the Alboran Sea is simply one part of the
Mediterranean Sea.
Now, it is a fair question to ask about its legal regime. How might it be defined in
accordance with the United Nations Convention on the Law of the Sea (UNCLOS)?
Before answering, it would be appropriate to present the definitions attributed to the
various legal regimes for seas.
In Part IX and, more specifically, in Article 122, UNCLOS lays down definitions
for two categories of the sea: closed and semi-enclosed. The convention recognises
the first as a sea surrounded by several States that communicates with another sea or
ocean through a narrow passage.
The most common example given for this is the Mediterranean Sea. As for the
second, this refers to any sea constituted wholly or mainly by the Territorial Seas and
Exclusive Economic Zones of several States. One example of this is the Caspian Sea.
According to this illustration, if the Mediterranean Sea is a semi-enclosed sea and
the Alboran Sea is a part thereof, ipso facto it, too, is a semi-enclosed sea. Moreover,
it is a perfect example of this regime, as it is connected with the ocean via a narrow
18
J. L. Suárez-de Vivero et al.