Talk:Exclusive economic zone

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revert all of this user

https://en.wikipedia.org/wiki/Special:Contributions/178.233.192.90 https://en.wikipedia.org/w/index.php?title=Special%3AContributions&target=88.209.32.73&namespace=all&tagfilter=&start=2021-03-22&end=2021-03-22&limit=50

use of deprecated (unreliable) source Qulioos (talk) 18:25, 1 September 2022 (UTC)[reply]

https://en.m.wikipedia.org/wiki/Special:Contributions/188.58.102.34 Betoota44 (talk) 23:48, 9 October 2022 (UTC)[reply]

A Commons file used on this page or its Wikidata item has been nominated for speedy deletion

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EEZ vs. continental shelf

The article about the US ECS says "The ECS is not an extension of the EEZ. The continental shelf includes only the seabed and subsoil, whereas the EEZ also includes the water column." But I would like to have an explicit general ref for this. I am asking in relation to (relatively) recent change of the status of Peanut Hole. In 2004 Russia was granted the extension of its shelf to cover the peanut hole, i.e., they can drill oil there. But what about fishing? Becayse there wad lots of fuss was about fishing rights there. --Altenmann >talk 03:49, 20 August 2024 (UTC)[reply]

@Altenmann: you are correct and article 78 of the UNCLOS directly covers this problem: The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters or of the air space above those waters. I ran into this same conceptual muddle when reading on Brazilian maritime zones; articles on Wikipedia would go as far as to present an expansion of the continental shelf as an expansion of the EEZ.

As one source puts it: Hence, coastal States do not have jurisdiction over these superjacent waters which are subject to the freedom of the high seas exercised by other States. However, some interference may occur during the exercise of the sovereign rights of the costal State when exploiting the resources of the OCS, for instance, when emplacing artificial islands, installations, and structures on the continental shelf. This is sourced to RR Churchill and AV Lowe, The Law of the Sea (3rd ed, Manchester University Press, 1999), p. 154. Consequently, the concept of BJW subverts the traditional idea that the 200-nautical mile limit is the dividing line between the sovereign rights and jurisdiction of the coastal State and the freedom of the high seas. When Brazil crosses this line to claim jurisdiction over OCS waters, it violates Article 89 of the LOSC, which asserts ‘that no State can subject areas of the high seas to its sovereignty’ or ‘indeed to its jurisdiction’ (same source, p. 204, and E Franckx, ‘The 200-mile limit: Between creeping jurisdiction and creeping common heritage? Some law of the sea considerations from Professor Louis Sohn’s former LL.M. student’ (2007) George Washington International Law Review 467–498, p. 471).

Another source is in Portuguese but cites from several Anglophone authors: Where the continental shelf extends beyond the limit of 200 nautical miles, the superjacent waters and the airspace above those waters are the high seas under Article 78 of the LOSC (Yoshifumi Tanaka, The International Law of the Sea. Cambridge University Press, 2015, p. 151). The superjacent waters of the continental shelf either come within the exclusive economic zone of the coastal State or are part of the high seas (Myron H. Nordquist, United Nations Convention on the Law of the Sea, 1982: A Commentary. Vol.V, Martinus Nijho Publishers, 1989, p. 906). The sovereign rights and jurisdiction of the coastal state in the continental shelf do not affect the legal status of the water column above the seabed, or indeed the airspace (Donald R. Rothwell, Tim Stephens. The International law of the sea. Hart Publishing, 2010, p. 118). Serraria (talk) 16:24, 28 December 2024 (UTC)[reply]