Legal regime of the exceptional economic zone. Exceptional economic zone - what is it? Exclusive economic zone

1. sovereign rights to intelligence, develop and preserve natural resources both alive and non-living, in waters covering the seabed, on the seabed and in its depths, as well as in order to manage these resources, and in relation to other activities in economic intelligence activities and the development of the specified zone, such as the production of energy by using water, flows and wind;
2. jurisdiction regarding: the creation and use of artificial islands, installations and structures; marine scientific research; protection and conservation of the marine environment; Other rights and obligations provided for in the UN Convention on the Maritime Law 1982

The coastal state in the implementation of its rights and fulfill its duties under the 1982 Convention in the exclusive economic zone properly takes into account the rights and obligations of other states and is valid in the manner compatible with the provisions of this Convention.

The rights set out in Article 56 of the 1982 Convention regarding the seabed and its subsoil are carried out in accordance with part VI of this Convention. In the exclusive economic zone, all states, both coastal and non-exit to the sea, enjoy freedoms of shipping and flights, laying underwater cables and pipelines and other legitimate from the point of view of international law by the use of the sea belonging to these freedoms.

These freedoms include such as related to the operation of ships, aircraft and submarine cables and pipelines, and compatible with other provisions of the 1982 Convention.

States in the exercise of their rights and fulfill their duties in the exclusive economic zone properly take into account the rights and obligations of the coastal state and comply with the laws and rules adopted by the coastal state in accordance with the provisions of the 1982 Convention and other norms of international law.

According to Art. 74 Conventions 1982 Delimation of the exceptional economic zone between states with opposite or related coasts is carried out by agreement on the basis of international law, as indicated in Article 38 of the Statute of the International Court of Justice, in order to achieve a fair decision.

If an agreement cannot be reached during a reasonable period, the interested states resort to the procedures provided for in the 1982 Convention of the 1982 Convention ("Dispute Settlement").

Before concluding an agreement, as provided for in paragraph 1 of Art. 74 of the 1982 Convention, interested States in the spirit of mutual understanding and cooperation are taking steps in order to achieve a temporary agreement of a practical nature and during this transition period do not jeopardize the achievement of a final agreement or not to prevent its achievement.

Such an agreement should not damage the final delimitation. When there is an existing agreement between interested states, issues related to the delimitation of an exceptional economic zone are solved in accordance with the provisions of this agreement.

The legal status of the exceptional economic zone of the Russian Federation, as well as the procedure for the implementation of sovereign rights and jurisdiction of Russia within its exclusive economic zone, are determined by the Federal Law of December 17, 1998 No. 191-FZ "On the Exciratory Economic Zone of the Russian Federation"

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By discipline: "Modern problems in the development of international law »

On the topic: "Legal regime of the exclusive economic zone »

Introduction

Chapter 1. Exceptional Economic Area

Chapter 2. Codification of International Maritime Law

Chapter 3. Types of Water Spaces

3.1 Legal regime of internal and seawater

3.2 Territorial Waters (Territorial Sea)

3.3 Continental Shelf

3.4 Open Sea

3.5 Pruting zone

3.6 International Sea District

3.7 International Straits

Conclusion

List of used literature

Introduction

The question of creating an exceptional economic zone outside the territorial seas in an adjacent area of \u200b\u200bthe Open Sea directly to it occurred at the turn of the 60s and 1970s of our century. The initiative of the production proceeded from developing countries, which believed that in the current conditions of the huge technical and economic superiority of developed states, the principle of freedom of fisheries and mining of mineral resources in the open sea does not meet the interests of the "Third World" countries and is beneficial only by marine powers with the necessary economic and Technical capabilities, as well as a large and modern fishing fleet. In their opinion, the preservation of freedom of fisheries and other fields would be incompatible with the idea of \u200b\u200bcreating a new, equitable and equal economic order in international relations

After a certain period of objections and oscillations, lasting about three years, the concept of an exceptional economic zone was adopted in 1974, subject to the decision of the maritime law, considered by the UN Conference on the Sea, on a mutually acceptable basis, such mutually acceptable solutions as a result of perennial efforts were found. The conference is included in the UN Convention on the Navigas.

G.lava1. Exceptional economic zone

The exceptional economic zone is the area located outside the territorial sea and adjacent to it, up to 200 sea miles wide from the source lines, from which the width of the territorial sea is measured. In this area, the coastal state belongs sovereign rights to intelligence and develop natural resources, both alive and non-living, as well as rights regarding other activities in order to economic intelligence and develop the specified zone, such as energy production by using water, flows and wind.

The right of other states under certain conditions to participate in the fishery of the living resources of the exclusive economic zone can be implemented only by agreement with the coastal state.

The coastal state is also recognized jurisdiction regarding the creation and use of artificial islands, plants and structures, marine research and conservation of the maritime environment. Sea scientific research, the creation of artificial islands, installations and structures for economic purposes can be carried out in the exclusive economic zone by other countries with the consent of the coastal state.

At the same time, other states such as marine and unparalleled seaside are used in the exclusive economic zone of shipping freedoms, flights over it, laying cables and pipelines and other legal use of sea use related to these freedoms. In paragraph 1 of Art. The 58 conventions are noted that these freedoms are freedoms of the open sea. In paragraph 2 of Art. 58, in addition, it is determined that in the exceptional economic zone, Article is fully applied. 88-115 Part VII of the 1982 Convention, entitled "Open Sea". The position of Art is used to the exceptional economic zone. 89, which says: "No state has the right to claim to submit any part of the open sea to its sovereignty." From the above, it follows that the exceptional economic zone for the withdrawal of specific rights and duties recognized as a coastal state remained in the rest of the open sea.

The provisions relating to the resource rheues of the coastal state in the exclusive economic zone go beyond the traditional concept of the "open sea". And they were allocated to an independent part of the Convention. But this circumstance, as indicated in Art. 86 of the Convention "does not entail any restriction of freedoms that all states enjoy in the exclusive economic zone in accordance with Article 58" and which the Convention has identified as the Outdoor Flood. Convention provisions on the exceptional economic zone were compromise. And it is not surprising that they are not always equally interpreted by the doctrine and official representatives of countries that adhere to various positions.

Thus, the former head of the Delegation of Mexico for 111 UN conferences on the sea. Professor J. Kastanheda believes that "the exceptional economic zone has its own legal status: it is a zone of the VSE deppendacle and, therefore, is neither part of the territorial sea, or part of the Open Sea And it cannot be likened to some kind of marine space. " This point of view has supporters mainly in those developing countries that have sought 111 UN conferences on the sea to create a completely "new international marine law" instead of the "old".

Other opinions adheres to a member of the Norwegian delegation at the conference Professor K.A. Fleisher, who writes: "Although the legal characteristics of the exceptional economic zone are not the same as the characteristics of the spaces constituting traditionally, part of the open sea, however, when it comes to matters of jurisdiction, which is not subject to the powers of the coastal state, the exclusive economic zone is due despite None, subordinate the principles of the open sea. "

Chapter 2.Codification of International Maritime Law

The International Maritime Law is one of the oldest branches of international law and represents the combination of international legal principles and standards that determine the legal insight of marine spaces and regulating relations between states, other participants in legal relations in connection with their activities on the use of seas, oceans and their resources.

Initially, the marine law was created in the form of ordinary norms; His codification was carried out in the middle of the twentieth century. 1 UN conference on the sea ended with the adoption in Geneva in 1958 four conventions: about the open sea; about the territorial sea and the adjacent zone; about the continental shelf; On the fisheries and the protection of the living resources of the Open Sea (the Russian Federation in this Convention does not participate). 11 The conference, held in 1960, did not have success. On the 111th conference was adopted by the UN Convention on the Maritime Law 1982. Separate aspects of cooperation in the use of marine spaces and their resources are governed by special agreements (International Convention for the Protection of Underwater Cables 1884, Convention on Imko's Establishment (now International Maritime Organization) 1948 , International Telecommunication Convention 1983 and others).

Thus, the International Maritime Law regulates the activities of humanity in water spaces, which includes the definition of the legal regime of various areas of the territories, establish the status of crew members and passengers of sea courts. The procedure for mastering the natural resources of the ocean, etc.

There are several types of water spaces that differ in the legal regime.

G.lava 3. Types of water spaces

3.1 Legal regime of inland and seawater

Internal waters are part of the territory of the relevant state. In the inner waters include: reservoirs, completely surrounded by the shores of one state or the entire coast of which belongs to one state; Watering of ports, outlined by the line of port facilities in the direction of the sea; Waters located in the direction of the coast from the original lines taken to refer to the territorial waters (see 3 of this chapter); Sea bays, bays, limans whose coast belongs to one state and the entrance width into which does not exceed 24 nautical miles. If the width of the entrance to the bay exceeds 24 miles, then inside the bay from the shore to the shore, a straight line in 24 miles is carried out in length in such a way that it is limited to the larger space. The water area located inside this line is internal waters.

In addition, the internal is considered to be the so-called. "Historical Waters", the list of which is established by the government of the relevant state. The historical waters include the water of some bays (regardless of the width of the entrance), which, by virtue of the historical tradition or international custom, are considered the inner waters of the coastal state, for example: Petra Great Bay in the Far East (the input width is more than a hundred miles); Hudsons Bay in Canada (fifty miles) and others. Russian doctrine of international law refers to the inner waters of the Russian Federation also sea: Kara, Laptev, East Siberian, Chukotka.

As already mentioned, the water ports are part of the inland waters of the coastal state; At the same time, as shores, the most outstanding permanent port structures (Article 11 of the 1982 Convention) are considered. The coastal state determines the order of access to its ports of foreign vessels, sets ports closed to access, etc. To visit open ports, as a rule, it is not required to request the resolution of the coastal state or notify about it. In closed ports, the occasion is allowed only with the resolution of the coastal state.

Foreign non-military vessels may enter inland waters with the resolution of the coastal state and must comply with its laws. The coastal state can establish a national regime for foreign courts (the same as its courts are provided); the greatest favored regime (providing the conditions of not worst than those who enjoy the trial of a third state); Special regime (for example, for ships with nuclear power plants, etc.).

The coastal state carries out in the inner waters all rights resulting from sovereignty. It regulates shipping and fisheries; In this area, it is forbidden to engage in any fishery or scientific research without the permission of the competent bodies of the coastal state. The acts committed in the inner waters in foreign non-military courts are covered by the jurisdiction of the coastal state (unless otherwise established by an international treaty - for example, trade shipping agreements). Immunity from the jurisdiction of the coastal state enjoy only foreign warships that are in the inner waters with the consent of the coastal state.

3. 2 Territorial Waters (Territorial Sea)

Territorial waters (territorial sea) is a sea belt, located along the coast or directly behind the inner marine waters of the coastal state and under its sovereignty. Islands outside the territorial sea have their own territorial sea. However, coastal plants and artificial islands of territorial waters do not have.

The width of the territorial sea at the overwhelming majority of states is 12 maritime miles. The side limit of the territorial water of adjacent states, as well as the boundaries of the territorial sea of \u200b\u200bopposite states whose coast will be separated from each other by less than 24 (12 + 12) miles, is determined by international treaties.

The sovereignty of the coastal state applies to the water space of the territorial sea, the airspace above it, as well as on the surface of the bottom and subsoil in this area (Article 1, 2 of the convention on the territorial sea and the adjacent zone). The territorial sea is part of the territory of the relevant state. At the same time, the norms of international law recognize the right of the peaceful passage of foreign military vessels through the territorial sea (including for entering ports).

There are three main ways of reference of territorial waters:

1) from the line of the greatest lining along the coast of the coastal state;

2) if the coastline of the winding or is cut either near the coast there is a chain of islands, a method of direct source lines can be used connecting the most outstanding points of the shore and islands;

The outer border of the territorial sea is the line, each point of which is from the nearest point of the direct source line at a distance equal to the width of the territorial sea (12 miles).

As noted, any activity of individuals and legal entities in foreign territorial waters can be carried out only with the consent of the coastal state. However, the volume of sovereign right of the coastal state in the territorial sea is somewhat already in the inner waters. From the volume of the state of state, an exception is established - the right of a peaceful passage. Military vessels of all states enjoy the right of peaceful passage through the territorial sea.

At the same time, under the passage it means swimming through the territorial sea with a view to: cross this sea, without entering the inland water or without becoming on the raid or in the port structure outside the inland waters; Or go into inland water or get out of them or become on the raid or at the port structure (Article 18 of the 1982 Convention).

"The passage is peaceful if only they are not disturbed by the world, the good order or security of the coastal state" (Article 19 of the 1982 Convention).

The passage is recognized as violating "peace, good order and security of a coastal state if the ship carries out:

a) threats of strength or its use against sovereignty, territorial integrity or political independence of the coastal state or in any other way in violation of the principles of international law embodied in the UN Charter;

b) any maneuvers or exercises with weapons of any kind; (c) any act aimed at collecting information to the detriment of defense or the safety of the coastal state;

c) any act of propaganda, aimed at encroaching on the defense or security of the coastal state; e) rise into the air, landing or taking on board any aircraft;

d) rise in air, landing or taking on board any military device;

e) loading or unloading any product or currency, landing or disembarking of any person Contrary to customs, fiscal, immigration or sanitary laws and the rules of the coastal state;

The state in the adjacent zone exercises its jurisdiction in order to ensure its customs, sanitary, immigration and other rules. According to the convention on the territorial sea and the adjacent zone of 1958, the width of the adjacent zone cannot exceed 12 miles from the same source lines from which the territorial sea is measured. In other words, the right to the adjacent zone have those states, the territorial sea of \u200b\u200bwhich is less than 12 miles. According to the 1982 sea law convention, the adjacent zone extends to a distance of up to 24 miles.

The purpose of establishing the adjacent zone is to prevent the possible violation of the laws and the rules of the coastal state within its territorial waters and the punishment for the violation of these laws and the rules committed within its territory. In the latter case, it can be prosecuted on hot trails.

3. 3 Continental shelf

Continental shelf is a part of the mainland territory flooded by the sea. According to the Convention on the Continental Shelf of 1958. Under the Continental Shelf is a seabed (including its subsoil), extending from the external border of the territorial Sea to the limits established by international law, over which the coastal state carries out sovereign rights to intelligence and develop its natural resources.

According to the 1958 Convention (Article 1), under the continental shelf, the surface and subsoil of the seabed of underwater areas adjacent to the shore, but outside the zone of the territorial sea to the depth of 200 m or for this limit, to such a place, to which the depth of the covers Allows the development of natural wealth of these areas, as well as the surface and subsoil of such districts, adjacent to the banks of the islands. Thus, the outer border of the shelf is a line - a line connecting the depths of 200 m. The natural wealth of the shelf includes mineral and other non-residential surface resources and the depth of the seabed of the shelf, as well as the living organisms "Sitage" species - organisms that during their field development Attached to the bottom or move only along the bottom (crayfish, crabs, etc.).

If the right of the same continental shelf has the right of the state, whose coast is located against each other, the border of the shelf is determined by the agreement between these states, and in the absence of an agreement - according to the principle of equal disposition from the nearest points of the original lines, which are measured by the width of the territorial sea. In some cases, disputes on the delimitation of the continental shelf were considered by the International Court of Justice, which determined the borders of the shelf.

The UN Convention on the Maritime Law 1982 (Art. 76) gives a slightly different definition of the boundaries of the continental shelf. This is: Sea bottom and subsoil of underwater areas extending outside the territorial seaside throughout the natural continuation of the land area to the outer border of the submarine edge of the mainland or a distance of 200 nautical miles from the source lines, from which the width of the territorial sea is measured when the external border of the underwater edge of the mainland does not extend to such a distance; If the continent's border extends more than 200 miles, then the external border of the shelf should not be further 350 miles from the source lines, on which the width of the territorial sea is measured, or not more than 100 miles from the 2500-meter isobate (lines connecting the depth of 2500 m).

The coastal state rights on the continental shelf do not affect the legal status of covering waters and airspace over it. Since the seabed above the continental shelf continues to be open by sea, all states have the right to exercise shipping, flights, fisheries, laying underwater cables and pipelines. At the same time, a special intelligence and development regime has been established. The coastal state has the right to exploration and develop the natural resources of the shelf to build appropriate structures and installations, create a security zone around them (up to 500 m). The implementation of the rights of the coastal state should not infringe upon the rights of shipping and the friendship of the rights of other states.

The coastal state has the right to determine the tracks for laying cables and pipelines, allowing to build installations and carry out drill operations, construct artificial islands.

3. 4 Open sea

Behind the outer border of the territorial sea are spaces of seas and oceans, which are not part of the territorial water of any state and form the open sea. The open sea is not under sovereignty not one of the states, all states have the right to use on the basis of an open sea equality for peaceful purposes (freedom of navigation, flights, scientific research, etc.).

In accordance with Art. 87 of the 1982 Convention All States (at that !! Never have access to the sea) have the right to: freedom of shipping; freedom of flights; freedom to lay underwater cables and pipelines; freedom of fisheries; freedom to build artificial islands and other attitudes allowed by international law; freedom of scientific research.

The specified list is not limited.

The open sea is reserved for peaceful purposes. No state is entitled to claim to submit any part of the open sea to its sovereignty.

In the open sea, the vessel is subject to the jurisdiction of the state, under the flag of which it floats. The vessel is seen as part of the territory of the state in which it is registered. Exceptions from this rule are established by international treaties. So, st. 22 of the 1958 Open Sea Convention establishes that a military ship is not entitled to examine a foreign trade ship, if there is no sufficient grounds to suspect: that the ship is engaged in piracy or slave trade; That the ship, although it raises the foreign flag, has the same nationality as this warship.

Each state determines the conditions for providing its nationality to the courts, the rules for the registration of ships on its territory and the right of the vessel to float under its flag. At the same time, each state: register of ships; takes jurisdiction over each vessel floating under his flag, and its crew; Provides the suitability of ships to swimming; ensures the safety of navigation, prevents accidents. Neither the arrest nor the detention of vessels can be made in the open sea even as a measure of the investigation by order of any other authorities, except the authorities of the state of the flag of the vessel.

There is the right to persecute "hot wakes". This state of the authorities of the coastal state provides for Art. 23 The 1958 Open Sea Convention may be undertaken if the competent authorities of the coastal state have sufficient reason to believe that this vessel violated the laws and rules of this state. The persecution should begin when a foreign ship or one of its boats is in the inner waters, in the territorial sea or in the adjacent zone of the persisting state, and can continue outside the territorial sea or the adjacent zone only under the condition that it is not interrupted. The right to persecution is stopped as soon as the shredded ship enters the territorial sea of \u200b\u200bhis country or the third state.

Persecution must be started after applying a visual or light signal. Persecution can be carried out only by military ships or military aircraft, or by ships and devices located at the government service (for example, by police) and specifically with these authorized. The right to persecution cannot be carried out with respect to warships, some other courts in public service (police, customs).

3. 5 Pruting zone

The adjacent zone is a limited width zone adjacent to the territorial seas of the coastal state of no more than 200 sea miles counted from the source lines from which the width of the territorial sea is measured.

The coastal state in the economic zone has: sovereign rights to intelligence, develop and preserve natural resources both alive and non-residential, located at the bottom, in its depths and in its coveting waters, as well as in order to manage these resources, and in relation to others activities for economic intelligence and development of zone resources; construct, as well as allow and regulate the creation and operation of artificial islands and installations, set the security zones around them; to determine the time and place of fishing, to establish the allowable catch of living resources, to establish the terms of obtaining licenses, charge fees; carry out jurisdiction regarding the creation of artificial islands, installations and structures; Allow marine scientific research; Take measures to protect the marine environment.

In the economic zone, all states enjoy freedom of shipping and flights, laying underwater cables and and pipelines, etc. States in carrying out their rights should take into account the sovereign rights of the coastal state.

States that have access to the sea, with the permission of the coastal state, is entitled to participate on a fair basis in the operation of the zone resources.

3. 6 International Sea District

The seabed outside the continental shelf and the economic zone is a territory with an international regime and forms an international seabed area (hereinafter - District). "The question of the establishment of the regime of the district arose with the achievement of the technical capabilities of developing deep-water deposits of natural resources.

Legal regime, as well as the procedure for the study and production of resources of the district, resolved the UN Convention on the Maritime Law 1982. The Convention (Art. 137) establishes that no state can claim sovereignty or exercise sovereign rights to any part of the district and its resources. The area was announced by the "common heritage of mankind." This means that the rights to the resources of the district belong to all mankind, on behalf of which the international authority on the seabed is operating. The minerals of the area can be alienated in accordance with the norms of international law and the rules established by the International Body of the Law of the Law, which was created on the basis of the 1982 Convention envisaged, in particular, the possibility of exploration and development of the district resources as a special division of the authority - the enterprise and individual States under the contract with the authority. The company directly carries out activities in the area, transportation, processing and sale of minerals.

The body has not only functions and powers provided by the Convention, but also implied the authority necessary for its implementation. As part of the authority, the Assembly, Council and Secretariat

3. 7 International Straits

Straits play an important role in international navigation, creating a unified seabed system. Strait is a natural marine passage connecting the areas of the same sea or sea and the oceans among themselves.

The 1982 UN Marine Rights Convention established the following types of straits used for international shipping: straits between one part of the open sea or an economic zone in which any vessels enjoy the right of a unhindered transit passage in order to continuously and quickly or spill through the strait; straits between the island and the continental part of the coastal state, in which the right of a peaceful passage is applied for both transit and to enter territorial and internal water; Straits between one of the open sea and the territorial sea of \u200b\u200bstates in which the right of peaceful passage also applies; Straits, legal regime in which are governed by special international agreements (Black Sea Straits, Baltic Straits, etc.).

The state bordering the international strait is entitled within the limits provided for by international agreements, regulate the transit and peaceful passage of ships and aircraft through the strait, in particular, to establish rules regarding.

FROMpikov used literature

1. International law: Textbook for universities. - 2nd ed., Iz. and add. 2004.

2. Brownley I. International Law. First Book (lane. S.N. Andrianova, Ed. And introductory article G.I. Tunkin) M., 1977

3. Barcegov Yu.G. Caspians in international law and world politics. M., 2003.

4. Ivanov G.G. International Maritime Organization. M., 2000.

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