DOCSLIB.ORG

Chapter Seven

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Chapter Seven Chapter Seven Exclusive Economic Zone and Continental Shelf 7.1. Historical Development Since gaining independence, African States have worked tirelessly for a reform of the international economic order.1 That struggle included addressing during UNCLOS III their lack of control over the exploitation of the marine resources beyond their territorial seas.2 Although, as already explained, South Africa did not influence the negotiations in that regard, it undoubtedly greatly benefited from the outcome of those negotiations, in contrast with many other African States.3 South Africa had a clear interest in becoming a party to the CSC. Indeed, by 1960, diamonds were beginning to be exploited on the country’s western seaboard and the State confirmed its exclusive right to exploit those resources as far offshore as it was possible, in terms of the TWA in 1963.4 At the same time, South Africa was concerned that the very rich fishing grounds along its western seaboard were increasingly the focus of attention by Japanese, Rus- sian and Spanish fishing vessels especially.5 To address this problem, the South African Parliament took advantage of the strong support demonstrated in 1960 for an EEZ extending 6 nm beyond the territorial sea,6 when it adopted the TWA.7 A decade later, South Africa was confronted with the fact that many States, including its neighbours Angola and Mozambique were extending their 1 See e.g. the 1974 UNGA Declaration on the Establishment of the New Economic Order. 2 T.O. Akintoba African States and Contemporary International Law (1996). 3 R.R. Churchill & A.V. Lowe The Law of the Sea (1999) 177. See also A.M. Ladan “Twenty years of the exclusive economic zone in Africa: Resource exploration, exploitation and manage- ment” (1996) 29 CILSA 249–281. 4 Section 7 TWA. 5 1963 Assembly Debates 9101. 6 L.B. Sohn et al. Law of the Sea in a Nutshell (2010) 252–253. 7 Section 3 TWA. Ten years later, the ICJ confirmed in Fisheries Jurisdiction (United Kingdom v Iceland), that “the extension of th[e] fishery zone up to a 12-mile limit from the baselines [was] generally accepted” [1974 ICJ Reports 3 para. 52]. 178 Chapter Seven exclusive fishing jurisdiction to 200 nm.8 In order to avoid foreign fishing fleets turning their sight to an even greater extent on the South African demersal fishery,9 Parliament chose to extend its fishing zone to 200 nm.10 It refrained from converting the fishing zone into an EEZ in view of the fact that there was still debate as to the latter’s legal status.11 It is only since 1994 that South Africa claims an EEZ, which is defined in accordance with LOSC12 as the water of the sea, as well as the bed of the sea and the subsoil thereof “beyond the ter- ritorial waters . but within a distance of two hundred nautical miles from the baselines”.13 This comprises an area of about 1,050,000 km2 off the mainland and roughly 450,000 km2 around the Prince Edward Islands, compared with a land territory of about 1,200,000 km2.14 Moreover, South Africa is also part of a minority of States that claim a continental shelf as defined in article 76 of LOSC.15 7.2. Exclusive Economic Zone 7.2.1. Status With regard to the legal status of the EEZ in South African law, section 7(2) of the MZA merely states that, “[s]ubject to any other law [South Africa] shall have, in respect of all natural resources in the exclusive economic zone, the same rights and powers as it has in respect of its territorial waters”. This is far from accurately reflecting the complex legal status of the EEZ in international law. In terms of the latter, 8 1977 Assembly Debates 9196. See, as far as Mozambique is concerned, art. 2 of the Decree Law No 31/76 [available at <www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/ MOZ_1976_Law.pdf>]. 9 Which is dominated by deep-sea trawling for the Cape hakes. See Department of Environ- mental Affairs and Tourism White Paper: Marine Fisheries Policy for South Africa (1997) para. 2.1.2. 10 Section 3 TWAA. 11 1977 Assembly Debates 9196. See further S. Kvinikhidze “Contemporary exclusive fishery zones or why some States still claim an EFZ” (2008) 23 IJMCL 271295. 12 Articles 55 and 57 LOSC. 13 Section 7(1) MZA. See further E. Franckx “The 200-mile limit: Between creeping jurisdiction and creeping common heritage?” (2005) 48 German Yearbook of International Law 117–149. See further para. 7.2 below. 14 See <www.seaaroundus.org/eez>. 15 Section 8(1) MZA. See further S. Kaye “State practice and maritime claims: Assessing the normative impact of the Law of the Sea Convention” in A. Chircop et al. (eds) The Future of Ocean Regime-Building (2009) 141–144. See further para. 7.3 below..
Load more

Recommended publications
  • Global Shark Conservation Sanctuaries for a Predator in Peril
    GLOBAL SHARK CONSERVATION SANCTUARIES FOR A PREDATOR IN PERIL The Pew Charitable Trusts is driven by the power of knowledge to solve today’s most challenging problems. Pew applies a rigorous, analytical approach to improve public policy, inform the public, and stimulate civic life. www.PewTrusts.org THE OPPORTUNITY Swift, graceful, mysterious, superbly adapted of animals on Earth. Ironically, however, sharks. Recognizing this opportunity, The to their environment, sharks have been the even though people are the principal threat Pew Charitable Trusts initiated a campaign apex predators of the oceans since long to sharks, they also are their greatest hope. to reverse the decline of shark populations before dinosaurs roamed the planet. For worldwide. some 400 million years, they have been The fate of sharks has broad implications. the unchallenged rulers of the deeps and There is increasing evidence that the loss At the core of Pew’s shark conservation shallows of the marine world. of sharks may have a ripple effect on the efforts is its work to establish sanctuaries in vitality of food webs in many areas of the the waters of key countries and stop the No longer. They are falling victim to a fiercer global ocean. “They are our canary in the coal overfishing of sharks in places where predator that is threatening to end their mine of the oceans,” said Dr. Boris Worm, a they still stand a chance to rebound. Shark long reign and driving them to the edge of professor of marine biology at Dalhousie sanctuaries provide full protections for sharks extinction. That predator is us—people.
    [Show full text]
  • General Assembly Security Council Seventy-Fourth Session Seventy-Fourth Year Agenda Items 41 and 74
    United Nations A/74/549–S/2019/881 General Assembly Distr.: General 15 November 2019 Security Council Original: English General Assembly Security Council Seventy-fourth session Seventy-fourth year Agenda items 41 and 74 Question of Cyprus Oceans and the law of the sea Letter dated 13 November 2019 from the Permanent Representative of Cyprus to the United Nations addressed to the Secretary-General Further to my letter dated 11 July 2019 (A/73/944-S/2019/564) regarding the illegal hydrocarbon exploration activities conducted by the Republic of Turkey in the territorial sea, the continental shelf and the exclusive economic zone (EEZ) of Cyprus, I regret to inform you that Turkey has not only continued its illegal behaviour, but has since further escalated its provocative and unlawful actions against Cyprus, in terms of both hydrocarbon exploration and military activities. In particular, in early October 2019, Turkey, through the State-owned Turkish Petroleum Company, deployed its drilling vessel the Yavuz within the EEZ/continental shelf of Cyprus, in offshore exploration block 7, which has been licensed by the Government of Cyprus to European oil and gas companies (Total and Eni). It should be noted that the drilling point lies just 44 nautical miles from the coast of Cyprus, within the EEZ/continental shelf of Cyprus, which has already been delimited, in accordance with international law, between the relevant opposite coastal States, namely the Republic of Cyprus and the Arab Republic of Egypt, by means of the EEZ delimitation agreement of 2003 (see annex). The said drilling operations are planned to continue until 10 January 2020, as set out in an unauthorized navigational warning issued by Turkey.
    [Show full text]
  • Downloads/3 Publikationen/2019/2019 09/The Effects of a Suspension of Turkey S EU Accession Process Study.Pdf
    Comp. Southeast Europ. Stud. 2021; 69(1): 133–152 Policy Analysis Heinz-Jürgen Axt* Troubled Water in the Eastern Mediterranean. Turkey Challenges Greece and Cyprus Regarding Energy Resources https://doi.org/10.1515/soeu-2021-2006 Abstract: The conflict between Turkey on the one hand and Greece and Cyprus on the other was exacerbated when Turkey and Libya reached an agreement on the delimitation of maritime zones to explore and exploit energy resources in late 2019. The countries were on the brink of military confrontation. This was the latest climax of a longer period of conflict and mistrust, during which negative percep- tions became more entrenched on all sides. Energy is globally high in demand but exploiting resources in the Mediterranean Sea at competitive prices is difficult. The international community has developed an ambitious Law of the Sea, but its interpretation is controversial. Compromises are needed to de-escalate. What might serve as a ‘bridge over troubled waters’ in the Eastern Mediterranean? The author comments on the available options. Keywords: Turkey, Greece, energy resources, conflict, international law Introduction Energy resources are in great demand in the Eastern Mediterranean. Greece and Turkey have been at odds over this for more than 60 years, Cyprus and Turkey for around a decade. Other countries such as Libya, Israel and Egypt are also involved. Turkey does not hesitate to send its research vessels to undertake exploration work in maritime zones that are claimed by Greece or Cyprus. As Turkish exploration ships are escorted by warships, accidents or even the use of violence can no longer be ruled out.
    [Show full text]
  • Critical Habitats and Biodiversity: Inventory, Thresholds and Governance
    Commissioned by BLUE PAPER Summary for Decision-Makers Critical Habitats and Biodiversity: Inventory, Thresholds and Governance Global biodiversity loss results from decades of unsustainable use of the marine environment and rep- resents a major threat to the ecosystem services on which we, and future generations, depend. In the past century, overexploitation of fisheries and the effects of bycatch have caused species to decline whilst coastal reclamation and land-use change—together with pollution and, increasingly, climate change—have led to vast losses of many valuable coastal habitats, estimated at an average of 30–50 percent.1 Despite advances in understanding how marine species and habitats are distributed in the ocean, trends in marine biodiversity are difficult to ascertain. This results from the very patchy state of knowl- edge of marine biodiversity, which leads to biases in understanding different geographic areas, groups of species, habitat distribution and patterns of decline. To address the data gap in our understanding of marine biodiversity and ecosystem integrity, it is crucial to establish the capacity to assess current baselines and trends through survey and monitoring activities. Only increased knowledge and understanding of the above will be able to inform ocean manage- ment and conservation strategies capable of reversing the current loss trend in marine biodiversity. A new paper2 commissioned by the High Level Panel for a Sustainable Ocean Economy increases our understanding of these trends by analysing the links between biodiversity and ecosystem functioning (including tipping points for degradation) and unpacks the link between protection and gross domes- tic product (GDP). In doing so, the paper provides an updated catalogue of marine habitats and biodiversity and outlines five priorities for changing the current trajectory of decline.
    [Show full text]
  • The Exclusive Economic Zone and the Continental Shelf Laws 2004 and 2014
    REPUBLIC OF CYPRUS 64(1) of 2004 97(1) of 2014. THE EXCLUSIVE ECONOMIC ZONE AND THE CONTINENTAL SHELF LAWS 2004 AND 2014 (English translation and consolidation) Office of the Law Commissioner Nicosia, October, 2014 rEN (A)- L.121 ISBN 978-9963-664-59-7 NICOSIA PRINTED AT THE PRINTING OFFICE OF THE REPUBLIC OF CYPRUS Price: CONTENTS Note for the Reader . .. .. .. .. ... .. ... .. .. .. ... .. .. ... .. .. .. ... ... .. .. .. .. .. iii The Exclusive Economic Zone and the Continental Shelf Laws, 2004 and 2014 (Consolidation in English) ...... ... .. .. ............ .. .. .. .. .... .. .. ....... 1 Note .... .. ............ ....... ........ ......... ... .. ..... ......... ......................... 14 NOTE FOR THE READER The publication at hand by the Office of the Law Commissioner is an English translation and consolidation of the Exclusive Economic Zone and the Continental Shelf Laws, 2004 and 2014 [i.e. Laws 64(1)/2004, 97(1)/2014]. However useful the English translation of the consolidated Laws is in practice, it does not replace the original text of the Laws since only the Greek text of the Laws published in the Official Gazette of the Republic is authentic. The Office of the Law Commissioner shall not be under any liability to any person or organisation in respect of any loss or damage, including consequential loss or damage, however caused, which may be incurred or arises directly or indirectly from reliance on information in this publication. Copyright© Office of the Law Commissioner, Nicosia 2014. Reproduction authorised without prior application. Reference to the source will be appreciated. iii 64(1) of 2004 A LAW TO PROVIDE FOR THE PROCLAMATION OF 97(1) of 2014.* THE EXCLUSIVE ECONOMIC ZONE AND THE CONTINENTAL SHELF BY THE REPUBLIC OF CYPRUS The House of Representatives enacts as follows: Short 1.
    [Show full text]
  • Exchange of Letters Cm 8931
    The Exchange of Letters was previously published as France No. 1 (2011) Cm 8146 Treaty Series No. 19 (2014) Exchange of Letters between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic relating to the Delimitation of the Exclusive Economic Zone Paris, 20 April 2011 [The Exchange of Letters entered into force on 31 March 2014] Presented to Parliament by the Secretary of State for Foreign and Commonwealth Affairs by Command of Her Majesty September 2014 Cm 8931 © Crown copyright 2014 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence v.2. To view this licence visit www.nationalarchives.gov.uk/doc/open-government-licence/version/2/ or email [email protected] This publication is available at www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at Treaty Section, Foreign and Commonwealth Office, King Charles Street, London, SW1A 2AH Print ISBN 9781474110495 Web ISBN 9781474110501 Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office ID P002668886 09/14 42902 19585 Printed on paper containing 30% recycled fibre content minimum EXCHANGE OF LETTERS BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE FRENCH REPUBLIC RELATING TO THE DELIMITATION OF THE EXCLUSIVE ECONOMIC ZONE No. 1 Her Majesty’s Ambassador to Paris to the Minister
    [Show full text]
  • Guidelines for Marine Protected Areas
    Guidelines for Marine Protected Areas World Commission on Protected Areas (WCPA) Guidelines for Marine MPAs are needed in all parts of the world – but it is vital to get the support Protected Areas of local communities Edited and coordinated by Graeme Kelleher Adrian Phillips, Series Editor IUCN Protected Areas Programme IUCN Publications Services Unit Rue Mauverney 28 219c Huntingdon Road CH-1196 Gland, Switzerland Cambridge, CB3 0DL, UK Tel: + 41 22 999 00 01 Tel: + 44 1223 277894 Fax: + 41 22 999 00 15 Fax: + 44 1223 277175 E-mail: [email protected] E-mail: [email protected] Best Practice Protected Area Guidelines Series No. 3 IUCN The World Conservation Union The World Conservation Union CZM-Centre These Guidelines are designed to be used in association with other publications which cover relevant subjects in greater detail. In particular, users are encouraged to refer to the following: Case studies of MPAs and their Volume 8, No 2 of PARKS magazine (1998) contributions to fisheries Existing MPAs and priorities for A Global Representative System of Marine establishment and management Protected Areas, edited by Graeme Kelleher, Chris Bleakley and Sue Wells. Great Barrier Reef Marine Park Authority, The World Bank, and IUCN. 4 vols. 1995 Planning and managing MPAs Marine and Coastal Protected Areas: A Guide for Planners and Managers, edited by R.V. Salm and J.R. Clark. IUCN, 1984. Integrated ecosystem management The Contributions of Science to Integrated Coastal Management. GESAMP, 1996 Systems design of protected areas National System Planning for Protected Areas, by Adrian G. Davey. Best Practice Protected Area Guidelines Series No.
    [Show full text]
  • The Joint Extended Continental Shelf of the Republic of Mauritius & The
    Geological Continental Shelf versus The continental margin consists of the seabed and subsoil of What is an Extended Continental the shelf, the slope and the rise. It does not include the deep Legal Continental Shelf ocean floor with its oceanic ridges or the subsoil thereof. Shelf (ECS)? The continental rise is below the slope, but landward of In geological terms, the continental shelf of a coastal State Under UNCLOS, a coastal State can extend its territorial claim the abyssal plains. Its gradient is intermediate between the is described as the extended perimeter of each continent of the ocean floor if the surrounding continental area or the slope and the shelf, on the order of 0.5-1.0. Extending from and associated coastal plain, and was part of the continent natural prolongation of its land territory extends more than 200 the slope, it normally consists of thick sediments deposited during the glacial periods. However, in this present era which nautical miles offshore. The maximum limit of this additional area by turbidity currents from the shelf and slope. Sediment is called “the interglacial periods the continental shelf is now is defined by the outer limit of the continental margin. cascades down the slope and accumulates as a pile of submerged by relatively shallow seas. The Joint Extended Continental sediment at the base of the slope, called the continental rise. In the case of the Joint Mauritius and Seychelles Submission, However, some continental margins, like in the Mascarene Under UNCLOS, the term “continental shelf” was given a the limit of the outer edge of the continental margin has been Plateau region, do not necessarily consist of a continental rise.
    [Show full text]
  • Exclusive Economic Zones and Pacific Developing Island States - Who Really Gets All the Fish?
    University of Wollongong Research Online Faculty of Law, Humanities and the Arts - Papers Faculty of Arts, Social Sciences & Humanities 2006 Exclusive economic zones and Pacific developing island states - who really gets all the fish? Quentin A. Hanich University of Wollongong, [email protected] Ben M. Tsamenyi University of Wollongong, [email protected] Follow this and additional works at: https://ro.uow.edu.au/lhapapers Part of the Arts and Humanities Commons, and the Law Commons Recommended Citation Hanich, Quentin A. and Tsamenyi, Ben M., "Exclusive economic zones and Pacific developing island states - who really gets all the fish?" (2006). Faculty of Law, Humanities and the Arts - Papers. 209. https://ro.uow.edu.au/lhapapers/209 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] Exclusive economic zones and Pacific developing island states - who really gets all the fish? Abstract The establishment of exclusive economic zones (EEZs), through the 1982 United Nations Convention on the Law of the Sea (LOSC), changed the allocation of fishing rights. These onesz allocated all fishing rights within 200 nautical miles of land to neighbouring coastal States. This change dramatically increased sovereign rights for Pacific small island States. In many cases, these States, with limited terrestrial resources, were allocated large resource rich EEZs that had previously been dominated by distant water fishing States. Distant water fishing States, concerned that they would lose access to 85-90% of the world's active fishing grounds, argued that the LOSC should impose obligations to ensure optimum utilisation of fisheries.
    [Show full text]
  • Page 1| Delimitation Treaties Infobase | Accessed on 07/01/2004
    page 1| Delimitation Treaties Infobase | accessed on 07/01/2004 Agreement between the Republic of Cyprus and the Arab Republic of Egypt on the Delimitation of the Exclusive Economic Zone 17 February 2003 The Republic of Cyprus and the Arab Republic of Egypt (hereinafter referred to as "the two Parties") Desiring to strengthen further the ties of good-neighbourliness and cooperation between the two countries; Recognizing the importance of the delimitation of the exclusive economic zone for the purpose of development in both countries; Recalling the relevant provisions of the United Nations Convention on the Law of the Sea of 10 December 1982, to which the two countries are parties; Have agreed as follows; Article 1 (a) The delimitation of the exclusive economic zone between the two Parties is effected by the median line of which every point is equidistant from the nearest point on the baseline of the two Parties. (b) The median line and its limits is defined by points 1 to 8 according to the list of geographical coordinates annexed to this Agreement (annex I). (c) The median line, as determined, appears graphically on the Official Hydrographic Chart published by the British Admiralty, No. 183 (Ras at Tin to Iskenderun), scale 1/1,100,000 (annex II) . (d) At the request of either of the two Parties, any further improvement on the positional accuracy of the median line will be agreed upon by the two Parties using the same principles, when more accurate data are available. (e) Taking into consideration article 74 of the United Nations Convention on the Law of the Sea of 10 December 1982, the geographical coordinates of points 1 and 8 could be reviewed and/or extended as necessary in the light of future delimitation of the exclusive economic zone with other concerned neighbouring States and in accordance with an agreement to be reached in this matter by the neighbouring States concerned.
    [Show full text]
  • From Escalation to Normalisation
    From escalation to normalisation Dear reader, the relations between Greece and Turkey are at a crossroads. The developments of the last months have shown that the security not only of the Aegean, but of all of Europe is at stake: From the migration challenge to energy security, maritime boundaries, but also to the fight against the Covid-19 pandemic and, in the medium- to long-term, against climate change: We need cooperation, not confrontation. Europe and Turkey are neighbors. It is now time to come together. We have asked two renowned policy experts from Greece and Turkey to draw on their experience and show us, each from their personal perspective, the way forward. Theirs are some powerful arguments, coming directly from both sides of the Aegean. Henri Bohnet, KAS Athens and Walter Glos, KAS Ankara Konrad-Adenauer-Stiftung September 2020 2 “It is hard to envisage a shared future for the Eastern Mediterranean without a solution to the Cyprus Question.” A Greek-Turkish dialogue and the Karamanlis, serving as Greece’s Premier at that role of Germany time, had sent a letter to Chancellor Helmut Schmidt asking for his mediation in acceptance by the Turkish Greek-German relations passed through several government of a specific proposal he made. What stages in the previous decade. Solidarity shown he proposed was to avoid mutual provocations in response to the economic crisis was perceived and start a sincere dialogue on delimiting the differently in Athens and Berlin, and occasionally continental shelf or preparing a joint recourse to caused some misunderstandings. Greece the International Court of Justice or to international and Germany managed to work together and arbitration (vol.
    [Show full text]
  • Law of Thesea
    Division for Ocean Affairs and the Law of the Sea Office of Legal Affairs Law of the Sea Bulletin No. 82 asdf United Nations New York, 2014 NOTE The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Furthermore, publication in the Bulletin of information concerning developments relating to the law of the sea emanating from actions and decisions taken by States does not imply recognition by the United Nations of the validity of the actions and decisions in question. IF ANY MATERIAL CONTAINED IN THE BULLETIN IS REPRODUCED IN PART OR IN WHOLE, DUE ACKNOWLEDGEMENT SHOULD BE GIVEN. Copyright © United Nations, 2013 Page I. UNITED NATIONS CONVENTION ON THE LAW OF THE SEA ......................................................... 1 Status of the United Nations Convention on the Law of the Sea, of the Agreement relating to the Implementation of Part XI of the Convention and of the Agreement for the Implementation of the Provisions of the Convention relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks ................................................................................................................ 1 1. Table recapitulating the status of the Convention and of the related Agreements, as at 31 July 2013 ........................................................................................................................... 1 2. Chronological lists of ratifications of, accessions and successions to the Convention and the related Agreements, as at 31 July 2013 .......................................................................................... 9 a. The Convention ....................................................................................................................... 9 b.
    [Show full text]