1-81. Article 11 of the Moroccan legislation establishes two methods for delimitation
with neighbouring opposing or adjoining States: the median line for the delimitation
of its EEZ and equity in the case of its CS.
It should be noted that the Moroccan legislation was drawn up before the
conclusion of UNCLOS and that the last Law on the matter dates from 1981.
However, it took its inspiration from the latter and sought to adapt to its provisions
(Ihrai 2007).
2.3.2.2 Spanish Legislation
Spain’s coastline is 7905 km long. The country passed its first law delimiting the
fishing zone under its jurisdiction in 1967. However, it was not until 1977 that
legislation was passed to accurately define the maritime domains under its jurisdiction, their width and the competencies to be exercised by the State. In that year,
Spain enacted Law 10/1977 of 4th January, which set a width of 12 nm beyond the
country’s straight baselines as the area under Spanish sovereignty.
It must also be stated that the same Law referred to the equidistance method for
the delimitation of the country’s territorial sea with neighbouring States.
The points of the baseline from which the outer limits of the territorial sea are
measured were soon determined. The coordinates of the baselines were published
only 7 months later, in Royal Decree 2410/1977. However, no exclusive economic
zone was declared in the Alboran Sea until Royal Decree 236/2013. Notwithstanding, prior to 2013 Spain possessed a protected fishing zone in the Mediterranean
which was calculated from Punta Negra-Cap de Gata (36
43
0 N and 02
9
0 W). This
has been replaced de facto by the EEZ that, according to the law, is also measured
from the same location. It must be highlighted that the seabed and subsoil of the
water column in the Alboran Sea outside Spanish territorial sea form part of the
Spanish continental shelf.
2.3.2.3 Algerian Legislation
Algeria was the first actor in the area to extend its territorial sea to 12 nm. Article 1 of
Decree 63-403 of 12th October 1963 stipulated that the width of the Algerian
territorial waters was 12 nautical miles. Twenty-one years were to pass between
the extension of the territorial sea to 12 nm and the publication of the geographical
coordinates of the line that delimited the country’s jurisdictional waters. In fact, it
was Decree 84-181 of 4th August 1963 that defined the straight baselines from
which the width of the maritime areas under Algerian national jurisdiction is
measured.
In 2004, Algerian Presidential Decree No. 04-344 of 6th November 2004
established a contiguous zone adjacent to the territorial sea that extends 24 nm
from the baseline of the territorial sea.
20
J. L. Suárez-de Vivero et al.
with neighbouring opposing or adjoining States: the median line for the delimitation
of its EEZ and equity in the case of its CS.
It should be noted that the Moroccan legislation was drawn up before the
conclusion of UNCLOS and that the last Law on the matter dates from 1981.
However, it took its inspiration from the latter and sought to adapt to its provisions
(Ihrai 2007).
2.3.2.2 Spanish Legislation
Spain’s coastline is 7905 km long. The country passed its first law delimiting the
fishing zone under its jurisdiction in 1967. However, it was not until 1977 that
legislation was passed to accurately define the maritime domains under its jurisdiction, their width and the competencies to be exercised by the State. In that year,
Spain enacted Law 10/1977 of 4th January, which set a width of 12 nm beyond the
country’s straight baselines as the area under Spanish sovereignty.
It must also be stated that the same Law referred to the equidistance method for
the delimitation of the country’s territorial sea with neighbouring States.
The points of the baseline from which the outer limits of the territorial sea are
measured were soon determined. The coordinates of the baselines were published
only 7 months later, in Royal Decree 2410/1977. However, no exclusive economic
zone was declared in the Alboran Sea until Royal Decree 236/2013. Notwithstanding, prior to 2013 Spain possessed a protected fishing zone in the Mediterranean
which was calculated from Punta Negra-Cap de Gata (36
43
0 N and 02
9
0 W). This
has been replaced de facto by the EEZ that, according to the law, is also measured
from the same location. It must be highlighted that the seabed and subsoil of the
water column in the Alboran Sea outside Spanish territorial sea form part of the
Spanish continental shelf.
2.3.2.3 Algerian Legislation
Algeria was the first actor in the area to extend its territorial sea to 12 nm. Article 1 of
Decree 63-403 of 12th October 1963 stipulated that the width of the Algerian
territorial waters was 12 nautical miles. Twenty-one years were to pass between
the extension of the territorial sea to 12 nm and the publication of the geographical
coordinates of the line that delimited the country’s jurisdictional waters. In fact, it
was Decree 84-181 of 4th August 1963 that defined the straight baselines from
which the width of the maritime areas under Algerian national jurisdiction is
measured.
In 2004, Algerian Presidential Decree No. 04-344 of 6th November 2004
established a contiguous zone adjacent to the territorial sea that extends 24 nm
from the baseline of the territorial sea.
20
J. L. Suárez-de Vivero et al.