Monday, August 12, 2019
Law of the Sea Case Study Example | Topics and Well Written Essays - 2000 words
Law of the Sea - Case Study Example Territorial waters could be defined to be the territorial waters extending up to 12 nautical mi (22 km) beyond a country's coast which grants it solitary fishing and mining rights in waters limited to 200 nautical mi (370 km) from its coast." (Law of the Sea. 2008). Exclusive economic zones need to be seen in the context of its rights and freedom in relation to other State(s). Any area beyond and adjoining its territorial seas under a specific legal administration made up in this Part under which the rights and jurisdiction of the State seen in relation to the rights and privileges of any other state are a subject matter that is regulated through specific provisions of this Convention. Further, the continental shelf comprises the sea bed and lower soil of the subsoil areas that extends beyond its territorial seas through a natural extension of its land territories. It could also be a distance of 200 nautical miles from which the breadth of the territorial seas is measured, in cases where the outer edge of the margin does not extend up to that distance. (Exclusive Economic Zone. ... (Exclusive Economic Zone: Article 55). Further, the continental shelf comprises the sea bed and lower soil of the subsoil areas that extends beyond its territorial seas through a natural extension of its land territories. It could also be a distance of 200 nautical miles from which the breadth of the territorial seas is measured, in cases where the outer edge of the margin does not extend up to that distance. (Exclusive Economic Zone. Article 76). The above aspects are important since, by virtue of declaring an EEZ, coastal states are able to establish exclusive sovereign rights, albeit respecting rights of other States, in a 200 nautical mile jurisdiction,. This could cover fishing, mining, deep-sea exploration for natural resources, protecting deep-sea life, and other economic activities, and the coastal state has exclusive control and jurisdiction over marine resources and environmental issues occurring in its line of control. (United Nations Convention on the Law of the Sea of 10 December 1982 Overview and Full Text. 2008).The main issue that has arisen is that State A has enlisted the powers available to it under Article 73 of the UN Law of the sea Convention which relates to the enforcement of Rules and Regulations promulgated by the coastal state with regard to the protection of rights over exclusive economic zones of the state. Under this Article, it is well within the powers of a Coastal state to take such steps, including arrest, or internal seizure that may be necessary for the protection of its rights and ensure observation of the provisions of this Convention. (Exclusive Economic Zone). However, it has been categorically stated that should arrest take place, the detained vessel and its crew shall also be immediately released upon
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