The 'territorialisation' of the Exclusive Economic Zone: implications for maritime jurisdiction

Kopela, Sophia (2009) The 'territorialisation' of the Exclusive Economic Zone: implications for maritime jurisdiction. In: 20th Anniversary Conference of the International Boundary Research Unit on "The State of Sovereignty"; 01 - 03 Apr 2009, Durham, U.K.. (Unpublished)

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Abstract

Due to its functional nature, the EEZ is characterised by a balance between the sovereign rights and jurisdictions recognised in favour of coastal states and the freedoms and rights enjoyed by third states. However, coastal states have tried to enhance their rights and jurisdictions and to restrict the rights of third states in their EEZ. This article discusses and analyses the various aspects of these expansionist trends with an emphasis on state practice. In particular, it attempts to identify and classify the sources of tension in the EEZ, and to assess their impact on maritime jurisdiction and on the legal nature of the EEZ. It concludes that state practice manifests a trend for the ‘functional’ territorialisation of the EEZ. Expansionist trends in the EEZ are mostly due to coastal states’ concerns regarding the protection of their national interests, specifically referring to marine pollution and security. It is important that sources of tension in the EEZ are addressed through dialogue and cooperation with a view to reaching a consensus regarding the rights exercised in the EEZ by user states, and to minimising the risk of confrontation.

Item Type: Conference or Workshop Item (Paper)
Event Title: 20th Anniversary Conference of the International Boundary Research Unit on "The State of Sovereignty"
Organising Body: International Boundary Research Unit, University of Durham
Research Area: Law
Faculty, School or Research Centre: Faculty of Business and Law
Faculty of Business and Law > Kingston Law School
Depositing User: Sophia Kopela
Date Deposited: 06 Dec 2010 15:02
Last Modified: 06 Dec 2010 15:02
URI: http://eprints.kingston.ac.uk/id/eprint/16418

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