Ocena brak

Comparison of the navigational rights of foreign vessels in the EEZ with that of the high seas

Autor /maksusake Dodano /16.11.2005

My task is to compare the navigational rights of foreign vessels in the Exclusive Economic Zone and that of the high seas.
At first I?d like to define what its EEZ. Generally a state's EEZ extends to a distance of 200 nautical miles (370 km) out from its coast, but it is of course less if the distance between two states baselines is less than 400 miles. The EEZ overlaps the contiguous zone (between 12 to 24 miles from baseline. But we have to remember that not all states have contiguous zone for example Poland doesn?t have
High Seas are waters outside of national jurisdiction called as the International waters.
So in general I have three different zones to compare
The international waters it is an area where all state have a right to full activity and freedom of sailing. Only the flag state has the full jurisdiction to their vessels. But there are also some international rules, when the warships, military aircraft or others marked as being on government service can stop other ships, which is not a warship or operated by State in non-commercial service. It is possible in case of piracy, unauthorized broadcasting, slave trading, drug trafficking, ships of uncertain nationality, stateless ships, hot pursuit and constructive presence and major pollution incidents. Also there are some locals rights under special treaties (for example Convention for the Protection of Submarine Cables from 1884) or exceptional measures like United Nations Security Council resolutions which allowed states to stop and search vessels on high sea to prevent the sanction against Iraq, Haiti and Serbia.
Navigation on the EEZ beyond contiguous zone is very similar to the navigation on the high sea. There are two majority limitations more: One is that the state has a right to control to pollution?s control and second that coastal state could build in the EEZ artificial island and installation but such structures can?t be placed in ?recognized sea lanes?. Around this places state can establish 500m security zone and limited sailing. It is also possible on the continental shelf even if the shelf is breather then EEZ (over 200miles).
The problems are also using the EEZ by the foreign warships for military purpose. It?s not a clear that it could be without permission of coastal state. Also we have article 88 which says: ?The high seas should be reserved for peaceful purposes. Also some countries have a specific regulation for the EEZ and for example Iran which prohibited any activity in its EEZ inconsistent with its right or Nigeria where the Nigerian authorities may prohibit ships from entering without consent a specific part of zone. Finally we have also some local treaties such as Council of Europe?s Agreement on Illicit Traffic by Sea ? States EEZ?s may request the flag state for authorization to stop and board the vessel.
The most restricted zone is contiguous zone. In this area coastal state has the same right as in the regular EEZ zone and also can prevent and punish infringements of its customs, fiscal, immigration or sanitary laws within is territory or territorial sea. But the coastal state is not competent to control and enforce for violations in the contiguous zone
Summing up my compare we can say that in EEZ and High Seas foreign vessels have a full right to sail and stop on the sea for a longer time, and it couldn?t be even temporary in limbo such it is possible in the territorial sea.

Podobne prace

Do góry