History of international

governance of the sea

UNICOLLEGE MANTOVA A.A. 2017/2018

STORIA DEI TRATTATI E DELLE RELAZIONI INTERNAZIONALI

Prof.ssa ISABELLA QUERCI, Ph.D.

11 May 2018

• Resources at sea:

- Mineral Resources

- Oil

- Gas

- Fish

- Renewable Energies

- Cables and Pipelines

International relations mainly regard the resources of power:

Law of the Sea Conventions

Law of the Sea Conventions, 1958

United Nations Convention on the Law of the Sea (UNCLOS), 1982

Borders in the Law of the Sea

• Internal Waters

• Territorial Sea

• Contiguous Zone

• Exclusive Economic Zone

• Continental Shelf

• High Seas

• The International Seabed

Boarders are also called “jurisdictional zones” because they are used by States to allocate sovereignty and jurisdictional powers

over the maritime zones

Jurisdictional Zones

Internal Waters flows automatically from sovereignty exercised over land

territory

Territorial Sea (up to 12 seamiles) full sovereignty except for rights of innocent passage

Contiguous Zone (up to 24 seamiles) territory outside the territorial sea where coastal states may

exercise the control necessary to punish or prevent infringements of its customs, fiscal, immigration or sanitary laws and regulation within its territory or territorial sea

Exclusive Economic Zone/Continental Shelf - Coastal States can establish a 200-nautical-mile Exclusive

Economic Zone (EEZ)

- The Coastal state have the right for the use of the living and non-living natural resources, to use the EEZ and the continental shelf for other economic purposes and the right to construct, authorize and regulate the construction of artificial islands and certain installations and structures

- in EEZs , all states have freedom of navigation and overflight , as well as freedom to lay submarine cables and pipelines

Jurisdictional Zones

Fishery

• Internal Waters/Territorial Sea:

Exclusive Rights for the Coast State

Navigation

Internal Waters

Exclusive Right of Coastal State to define rights for navigation

Territorial Sea

Right for innocent passage of foreign ships; Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state

Exclusive Economic Zone

Freedom of navigation (Art. 58 (1), Art. 87 LOSC)

Oil/Gas/Mineral Resources

Internal Waters/Territorial Sea:

Exclusive Rights for Exploitation

Cables/Pipelines • Internal Waters/Territorial Sea

Exclusive Jurisdiction of Coastal State

Renewable Energies (Installations)

Internal Waters/Territorial Sea: Exclusive Right of Coastal State to build installations and

artificial islands

Islands and EEZ

• Article121

• Regime of islands

• 1. An island is a naturally formed area of land, surrounded by water, which is above water at high tide.

• 2. Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island are determined in accordance with the provisions of this Convention applicable to other land territory.

• 3. Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.

High Seas

Waters beyond territorial sea which is free for use by all

Flag State jurisdiction

Exceptions to the flag state jurisdiction Visit

Piracy

Hot pursuit

Broadcasting

Slavery

Drugs trafficking

The Area

• Deep seabed beyond the outer limits of the legal continental shelf

• The Area and its mineral resources are defined by as a Common Heritage of Mankind

• CHM implies:

• - not appropriation principle

• Use for the common good

• BUT

• “The tragedy of the commons”

The EU and the oceans

• The EU protects our seas and oceans, while ensuring that they remain economically and environmentally sustainable as a

driver for jobs, growth and innovation.

https://www.youtube.com/watch?v=lPWe-7Ww2Mk

• Seas and oceans are drivers for the European economy.

• The ‘blue’ economy represents roughly 5.4 million jobs and generates gross added value of almost €500 billion a year.

• Blue growth is the strategy to harvest the potential of sustainable growth in the marine and maritime sectors as a whole.

• The EU’s common fisheries policy aims to make sure that fishing and aquaculture (the farming of fish under controlled conditions) are environmentally, economically and socially sustainable so as to provide a source of healthy food for current and future generations of EU citizens. Its goals are to foster a dynamic yet sustainable fishing industry, including the conservation of resources and protection of the marine environment, while ensuring fair standards of living for fishing communities.

What the EU does

• The seas and oceans provide not only with food, jobs, transport and recreation, but also – thanks to research and technological progress – pharmaceuticals, minerals and sources of renewable energy. While underpinning these new opportunities, the EU also plays an important role in promoting the responsible and sustainable exploitation of seas, both in Europe and globally.

• The EU has introduced marine protected areas to safeguard marine ecosystems and biodiversity, along with the services these ecosystems provide. In these areas human activity is restricted for conservation purposes.

INTERNATIONAL RELATIONS THEORY AND THE ARCTIC

Main Actors in the Arctic

Law of the Sea

Recognized by all major Arctic powers and

non-Arctic States

Arctic Council

Membership of 8 Arctic States and participation

from

Indigenous groups

TERRITORIAL INTEGRITY AND THE

ARCTIC

"This isn't the 15th Century, you can't go around

the world and just plant flags and say 'We're

claiming this territory'," - Peter MacKay, Minister of

Foreign Affairs