Dear Paul,

 

Here’s some of the distinctions:

 

1.     Within the territorial zone, vessels are subject to the rules of
innocent passage, which includes all of the restrictions under Article 19,
so while a vessel traversing in an EEZ can, for example, take on aircraft or
other weapons, or can conduct military exercises, it can’t do so in the
territorial seas;

2.     Submarines in the territorial sea need to surface and fly the flag,
not so in the EEZs;

3.     Coastal states can carve out sea lands in the territorial seas;

4.     Territorial seas and all the rights of sovereignty that flow from
this inure to a coastal State simply on the basis of geography; by
distinction, States need to declare an EEZ to benefit from UNCLOs specific
legal protections. Some States haven’t, e.g. the UK, which relies on
Continental Shelf Rights under the Geneva Convention on the Continental
Shelf 1958;

5.     Part V of UNCLOS places restrictions on coastal States vis-à-vis the
EEZs which don’t apply to territorial seas, e.g. erection of installations
and structures that may interfere with transit through recognized
international sea lanes.

 

wil

 

Dr. Wil Burns, Associate Director

Master of Science - Energy Policy & Climate Program 

Johns Hopkins University

1717 Massachusetts Avenue, NW

Room 104J

Washington, DC  20036

650.281.9126 (Mobile)

202.452.8713 (Fax)

[email protected]

 <http://energy.jhu.edu/> http://energy.jhu.edu

SSRN site (selected publications):  <http://ssrn.com/author=240348>
http://ssrn.com/author=240348

 

Skype ID: Wil.Burns

 

Teaching Climate/Energy Law & Policy Blog:
<http://www.teachingclimatelaw.org/> http://www.teachingclimatelaw.org

 

From: [email protected] [mailto:[email protected]] On Behalf Of
Paul Steinberg
Sent: Wednesday, June 27, 2012 9:38 AM
To: [email protected]
Subject: [gep-ed] UNCLOS question

 

Could anyone provide a clear explanation of the difference between
territorial waters and the EEZ under the Law of the Sea?  Beyond the

obvious geographic distinction (nautical miles from baseline shore), I'm
having a tough time discerning how the coastal state's rights and
responsibilities differ between the two.

(My apologies for the ignorant question.  A couple hours of internet
searches and a query to an expert didn't get me there, and I figure there
must be a straightforward answer.)

Best wishes,
Paul


-- 
Paul F. Steinberg
Associate Professor of Political Science &
Environmental Policy
http://www.hmc.edu/steinberg

Department of Humanities, Social Sciences, & the Arts
301 East Platt Boulevard
Harvey Mudd College
Claremont, CA 91711
tel. 909-607-3840

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