LAW RESEARCH METHODOLOGY (LAW 6000)LLM INTERNATIONAL LAW

LECTURER: PROF. DR. AINUL JARIA MAIDIN

The Concept of EEZ and the Issue of the Coastal State’s Rights and Jurisdiction

Murad Idris Omar Al-Nayed

G1229555

AbstractThis paper examines the role of law enhancing the value of exclusive economic zone which is an integral part of the sea zonesThe international law of the sea is huge branch of public international law . The Last century has brought about many development in the law of the sea 1982 (UNCLOS III). The EEZ is a new legal regime created by the convention. It is a maritime zone having a maximum limit of 200 nautical mile, where the costal state has sovereign rights and jurisdiction over its natural resources.

this study attempts to analyze the main legal issues whether EEZ legislation of costal state is in compliance with principles of the UNCLOS III; and how marine pollution is being tackled by Coastal State government. The main strategy used by Coastal State bating marine pollution is by adopting international convention aimed to control marine pollution in EEZ

Abstract . This study evaluates the legislation of Coastal State relating to her efficiency and effectiveness of currant maritime enforcement agencies of Libyan. Its expect that the present study assist in vacillating improvement of legal regime of EEZ and enforcement of laws for better future of the EEZ o Coastal State

NTRODUCTION The concept of the exclusive economic zone is one of the most

important pillars of the 1982 Convention on the Law of the Sea. The regime of the exclusive economic zone is perhaps the most complex and multifaceted in the whole Convention. The accommodation of diverse issues contributed substantially to the acceptance of the concept and to the Convention as a whole. The 1982 Convention on the Law of the Sea is often referred to as a package. The metaphor is derived from a decision made during the Third United Nations Conference on the Law of the Sea that the Convention would be adopted in toto, as a "package deal". No single issue would be adopted until all issues were settled. This decision provided an essential mechanism for reconciling the varied interests of the states participating in the Conference. If a state's interests in one issue were not fully satisfied, it could look at the whole package and find other issues where its interests were more fully represented, thereby mitigating the effects of the first. Thus, the Convention became an elaborately-constructed document built on trade-offs, large and small.

The larger package consists of: a twelve-nautical-mile territorial sea; an exclusive economic zone of up to 200 nautical miles in which coastal states have preeminent economic rights and which obviates the need for a territorial sea of 200 nautical miles claimed by some states; extension of the continental shelf regime to the margin, with revenue-sharing obligations beyond the exclusive economic zone; a regime for transit passage through straits used for international navigation and for archipelagic sea-lanes passage; guaranteed access to and from the sea for land-locked states; a regime for the administration and development of the common heritage resources of the international sea-bed area; protection and preservation of the marine environment; and adequate mechanisms for settlement of disputes concerning the interpretation and application of the provisions of the Convention.

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Within this larger package are many smaller packages of which the exclusive economic zone is one of the most interesting examples. The provisions contained in articles 55 and 752 reflect an array of interests: the sovereign rights of coastal states to manage the zone in good faith; the regard for the economic interests of third states; regulation of certain activities in the zone, such as marine scientific research, protection and preservation of the marine environment, and the establishment and use of artificial islands, installations and structures; freedom of navigation and overflight; the freedom to lay submarine cables and pipelines; military and strategic uses of the zone; and the issue of residual rights in the zone

The purpose of this study The purpose of this study is to

determine whether exclusive economic zone has objective rights of the costal state and noncoastal state.

This study attempts to analyze the main legal issues.

whether EEZ legislation of costal state is in compliance with principles of the UNCLOS III and how marine pollution is being tackled by Coastal State government.

the main strategy used by in com Coastal State bating marine pollution is by adopting international convention aimed to control marine pollution in EEZ.

Statement of problem The ultimate purpose of exclusive economic zone to solve the problem of this study attempts to analyze the main legal issues, whether EEZ legislation of costal state is in compliance with principles of the UNCLOS III and how marine pollution is being tackled by Coastal State government the main strategy used by Coastal State bating marine pollution is by adopting international convention aimed to control marine pollution in EEZ

Objectives of the Study

The study aims:- To investigate whether the exclusive

economic zone under UNCLOS III achieved its objectives;

To determine what are the problems that hinder the effectiveness of the exclusive economic zone under UNCLOS III especially on its enforcement;

To suggest solutions for making the exclusive economic zone under (UNCLOS III) 1982 relevant in the present and in the future.

. LITERATURE REVIEW

Norazlina Bini . Haji Abdul Jami (2008), examined whether EEZ efficient law to overcome abuse of fishery

She viewed that EEZ unclose 1982 not an efficient law as the enforcement of exclusive economic zone not strong as other law.

. The writer wished to highlight on the EEZ as an important area in marine delimitation, and also how much benefit it has over the state.

. METHODOLOGY This study will be directed following a type of

methodology which is collecting data and analyze. Reports about the efficiency of EEZ, especially

UNCLOS III. This study will follow Pragmatic approach to

research (mixed methods). The pragmatic approach to science involves using

the method which appears best suited to the research problem and not getting caught up in philosophical debates about which is the best approach. Pragmatic researchers therefore grant themselves the freedom to use any of the methods, techniques and procedures typically associated with quantitative or qualitative research. They recognize that every method has its limitations and that the different approaches can be complementary.

Significance of study and contribution

This field of study has known a lack of research done on it therefore I would like to do more studies about the EEZ especially the enforcement of law and all matters related to the EEZ.

This study will try to find or to give some solution to the problems happening between the coastal state which has the sovereign as well as economic rights and the flag state which has the right of innocent passage.

Expected results

The results expected from this research are: an efficient way of enforcement of law and also a peaceful and fruitful way of settlement of disputes occurring between states.

Scope and delimitations To reach the expected results this research will focus on analyzing the previous cases and laws and try to bring a new one.

This study will concentrate on the legal aspect exclusive economic zone

The political aspects relating to EEZ will not be examined in this study as they merit a separate discussion

Empirical research cannot be done due to time constraint

Hypothesis The EEZ is the zone which goes up to 200 n.m in

which state has economic rights and it has no total jurisdiction upon it that what we sovereign right.

This type of jurisdiction arose problems between coastal state and the flag state, therefore this study will an efficient way to overcome these misunderstandings.Can a state have more rights over exclusive economic zone or not?

Library Research:This work is heavily relied on the secondary sources consist of the latest journals, articles and cases accessed through law database such as Lexis Nexis, Proquest, Westlaw International, Law Journal andThe 1982 Convention on the Law of the Sea is often referred to as a package, others. It was about twenty journals & articles being collected Internet ResearchMost of the international treaties can be easily accessed through online databases. In this research, the United Nations Website has been accessed in order to collect the relevant treaties in the present study.

Content 1. Introduction 2. The concept of exclusive economic zone 2.1. Evolution 2.2. The of exclusive economic zone under customary law and the UNCOLSE 1982

2.3. Definition, breadth and legal status 3. The right and jurisdiction of coastal state 3.1. Sovereign right over natural resources A) Non-living resources B) Living resources C) Other economic resources

3.2. Jurisdiction A) Construction of artificial island and

installations B) Protection of the maritime environment 4. The right of the other states 4.1. Navigation 4.2. Over flight 4.3. Laying of submarine cables and pipeline 5. Striking a balance between right of the coastal

state and the use of other state 5.1. Enforcement of the law and regulation of

the coastal state 5.2. The issue of penalties 5.3. The issue of confiscation of vessel 6. Conclusion