Within the high seas, coastal states may establish an exclusive economic zone. This is an area with a special legal regime, located beyond the boundaries of the territorial sea, but directly adjacent to it.

Story

For the first time, developing countries started talking about establishing this zone. They were not satisfied with the situation that free fishing and resource extraction on the high seas was beneficial to economically powerful countries that had large-capacity fishing fleets and other technical capabilities. These countries wanted to carry out scientific research in such zones and establish their control over natural resources.

Until the 18th century. the border of maritime possessions belonging to a particular state was limited by the horizon line, which was visible from the shore. Later, some countries began to consider as their possessions the entire water area that their longest-range weapons could reach. Subsequently, some states established their jurisdiction over waters at a distance of 3 nautical miles, others maintained a distance of 12, and others - 50 nautical miles.

In 1982, the UN Convention relating to the Law of the Sea was adopted. It gave states the right to establish an exclusive economic zone within their borders. This has led to the fact that today about 100 coastal countries have one. The external border of the countries is 200 miles away. In addition, this Convention defined a 12-mile zone of the territorial sea and a 24-mile zone of “contiguous waters”.

Sovereignty

No state has full sovereignty over the zone under consideration, therefore the legal regime of the exclusive economic zone is mixed. According to the adopted Convention, the coastal country has certain sovereign rights to explore, develop natural resources and preserve them in the subsoil, waters of the seabed and directly located on it.

This state may, in order to achieve its economic goals, construct independently or give permission, regulating the creation and operation of artificial islands, as well as various structures and installations. However, they do not constitute a basis for the allocation of a new territorial sea and do not change the boundaries of the latter, as well as the boundaries of the continental shelf or exclusive economic zone.

Over these buildings and artificial islands, the exclusive jurisdiction of the state to whose coast this zone is adjacent is established.

Rights of the riparian country

Around these structures, the State in question may establish safety zones that can apply both to the structures being erected and to the safety of navigation. They must have a width not exceeding 500 m from any point on their outer edge. Here, as with every rule, there are exceptions. They are established by the relevant authorized international organizations or international standards. In case of interference with the construction of artificial islands, various structures and installations for international navigation along generally recognized sea routes, the establishment of safety zones is prohibited.

The delimitation of these zones between countries with opposite or adjacent coasts is decided on the basis of the Convention discussed above.

Thus, the exclusive economic zone regime provides some limited rights for different countries. Without the consent of the first country, no others can extract fish and mineral resources, energy from wind, water or currents.

Legal actions in this area

To protect its rights, the coastal country may carry out certain legal actions in the exclusive economic zone. This provides for the implementation of such measures as searches, inspections, arrests, and judicial proceedings.

In addition, a given state may pursue a vessel that does not belong to its flag on the high seas outside the boundaries of the exclusive economic zone.

If security is provided, the arrested crew and vessel are released. Personal punishment or imprisonment in the absence of agreement between the parties is excluded. If a foreign ship is detained, the state to which it belongs must be immediately informed about it.

Resources of the zones under consideration

Resources are divided into living and non-living. The former include various fish, species of marine crustaceans, mollusks, and mammals that live in these aquatic environments. The second includes mineral resources: oil, gas, etc., which lie at the bottom of the sea. They also include chemical suspensions, compounds of chemical elements, wind energy, tides and currents, as well as other potential types of non-living resources.

Conservation of certain fish species in exclusive areas

To preserve certain species of fish in these zones, which include highly migratory, anadromous (migrating from seas to rivers to spawn, for example, many fish of the Salmon family) and catadromous (carrying out the opposite migration, for example, river eel), states may conclude relevant agreements or implement protection through the involvement of international organizations, take measures to preserve biodiversity by regulating fishing in waters located outside the zones in question.

In 1992, the Convention on the Conservation of Anadromous Species Found in the North Pacific Ocean Outside the Exclusive Economic Zones of States such as the USA, Russia, Japan and Canada was concluded. This area is called conventional. It prohibits specialized fishing for anadromous species. If anadromous species are unintentionally caught while fishing for other species, they must be immediately returned to the sea.

Rights of states in the zones in question

If research is carried out in the zone of the coastal country in question, other states or international organizations must guarantee the right of the first power to take part in scientific research activities at sea and provide the results of the research performed if such a request arises.

Any states, including those that do not have access to the sea, in these zones can carry out free navigation, unlimited flights, and lay pipelines and cables. These issues are regulated by international law.

Exclusive economic zone of the Russian Federation

The Constitution of our country provides that it has sovereign rights; It exercises jurisdiction in the zone under consideration, guided by the norms of international law and current national regulations.

The latter, for example, includes the Federal Law “On the Exclusive Economic Zone”. This law is harmonized with international regulations. According to it, individuals and legal entities can be held accountable if illegal activities are carried out in the field of fishing and exploration of natural resources, their transfer to other states in violation of the license, as well as if damage is caused by their actions, as a result of which conditions for reproductive process of living organisms.

This law is aimed at systematically resolving problems in the exclusive economic zone of the Russian Federation. It determines that natural resources and the procedure for disposing of them are within the exclusive competence of the Government of the Russian Federation and federal government agencies, to which the relevant powers have been delegated. The use of such resources in these zones is provided for on a paid basis to take into account the interests of small-numbered peoples of the Far East and North, as well as the population who live in the territories immediately adjacent to the sea coast of our country.

The Russian exclusive zone also includes any islands owned by the state, except for rocks that are unsuitable for human life, including economic activity.

Top 10 countries with the largest exclusive economic zone with territorial sea

In first place is the United States, whose total area of ​​these two zones is more than 11,300 thousand km2. With a small gap from them (11,035 thousand), France takes second place. Next are Australia (about 8,150 thousand), Russia (about 7,500 thousand), Canada (about 5,600 thousand, and in this country almost half of the area is in the territorial sea), Japan (about 4,500 thousand), New Zealand (about 4100 thousand), Great Britain (about 4000 thousand), Brazil (about 3650 thousand) and Chile (about 2000 thousand).

In conclusion

So, an exclusive economic zone is a certain area in the sea located outside the territorial waters, but directly adjacent to them and having a width of no more than 200 nautical miles. In Russia there is a corresponding Federal Law, the adoption of which has made it possible for our country to determine the use of natural resources located in these zones and to regulate the activities of various persons carried out within the boundaries of the zones in question.

Exclusive economic zone is a maritime area located outside the territorial sea and adjacent to it, with a width of not more than 200 nautical miles, measured from the same baselines from which the width of the territorial sea is measured.

§ 6. Exclusive economic zone

The legal regime of the exclusive economic zone includes the rights and obligations of both the coastal state and other states in relation to this part of the maritime space. It was first defined by the 1982 UN Convention on the Law of the Sea and specified by the legislative acts of states adopted in accordance with its provisions. If necessary, international treaties determine methods for delimiting exclusive economic zones.

The Russian Federation adopted the Federal Law of December 17, 1998 “On the Exclusive Economic Zone of the Russian Federation.”

Rights, jurisdiction and duties of the coastal state. The coastal state in the exclusive economic zone exercises, firstly, sovereign rights for the purpose of exploration, development and conservation of natural resources (living and non-living) in the waters covering the seabed, on the seabed and in its subsoil and management of these natural resources, as well as in relation to other exploration and development activities in this area; secondly, jurisdiction over the creation of artificial islands, installations and structures, marine scientific research, protection and conservation of the marine environment.

Thus, the coastal state is not endowed with complete supreme power (sovereignty) over this territory, but with sovereign rights, and for a specific purpose. This means that without the consent of the coastal state, no one can carry out exploration and development of natural resources.

Artificial islands, installations, structures and safety zones around them must not interfere with international maritime traffic (on internationally recognized sea routes).

Reasonable safety zones may be established around such islands and structures, the width of which shall not exceed 500 m measured from points on their outer edge.

The coastal State shall take the necessary measures to ensure that the condition of living resources in the exclusive economic zone is not endangered as a result of overexploitation, and for this purpose determines the allowable catch of living resources in its zone. “If the coastal state does not have the opportunity to catch the entire allowable catch, it, through agreements and other arrangements ... provides

Allows other states access to the remainder of the allowable catch” (Article 62 of the Convention).

States, in order to preserve stocks of certain fish species (highly migratory, anadromous, catadromous 1) in their exclusive economic zones, may, through agreements or through international organizations, take the necessary measures to regulate the fishing of these species in waters outside their exclusive economic zones. Characteristic in this regard is the Convention on the Conservation of Anadromous Stocks in the North Pacific Ocean of February 11, 1992, concluded by the Russian Federation, the United States of America, Canada and Japan. The area of ​​application of the Convention is the waters of the North Pacific Ocean outside the exclusive economic zones (convention area).

The Convention confirms the provision of Art. 66 of the 1982 UN Convention on the Law of the Sea, which states that fishing for anadromous stocks is limited to 200 nautical miles. Specialized fishing for anadromous fish (targeting a specific fish species or stock) in the Convention Area is prohibited. In case of accidental capture (during fishing for other species), anadromous species must be immediately returned to the sea.

Coastal States, in the exercise of their jurisdiction, have the right to regulate, authorize and conduct marine scientific research in their exclusive economic zone. Such research by other states is carried out with the consent of the coastal state. Coastal states generally give consent unless there are sufficient grounds for refusal under the 1982 UN Convention on the Law of the Sea (for example, the research project is of direct importance for the exploration and development of natural resources).

States and international organizations carrying out research in the exclusive economic zone of a coastal state are obliged to ensure the right of the coastal state to participate in marine scientific research

1 Anadromous are fish species that migrate from seas to rivers for spawning (salmon, pink salmon, sockeye salmon, chum salmon, etc.); catadromous are species of fish that migrate from rivers to the sea (river eel).

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project, as well as provide, upon his request, information about the results of the study.

Living and non-living resources of the exclusive economic zone of the Russian Federation are under the jurisdiction of the Russian Federation. Regulation of activities for the exploration and development of such resources and their protection is the competence of the Government of the Russian Federation (Clause 4, Article 5 of the Federal Law “On the Exclusive Economic Zone of the Russian Federation”).

Specially authorized federal executive authorities, taking into account proposals from the enforcement authorities of the constituent entities of the Russian Federation, whose territories are adjacent to the sea coast, develop rules for fishing and other types of use of living resources. These rules and general allowable catches of living resources are subject to approval by the Government of the Russian Federation.

The Decree of the Government of the Russian Federation approves the rates for calculating the amount of recovery for damage caused by the destruction, illegal fishing or extraction of aquatic biological resources in inland fishery reservoirs, territorial waters, on the continental shelf, in the exclusive economic zone of the Russian Federation, as well as stocks of anadromous fish species formed in the rivers of Russia, outside its exclusive economic zone, to the external borders of economic and fishing zones. foreign states.

Exploration and development of non-living resources is carried out on the basis of licenses issued by a specially authorized federal executive body for geology and subsoil use.

Rights and obligations of other states. All states, including landlocked states, within the exclusive economic zone enjoy freedom of navigation, overflight, laying of cables and pipelines. The use of the exclusive economic zone for these purposes is carried out in accordance with international legal norms governing such activities (shipping on the high seas, laying cables and pipelines on the bottom of seas and oceans).

States, when exercising their rights and obligations in the economic zone, must take into account the rights and obligations of the coastal state, comply with the laws and regulations adopted by it, and the coastal state is obliged to take into account the rights and obligations of other states.

§ 7. Continental shelf

continental shelf

The legal concept of the continental shelf does not coincide with its geomorphological characteristics. According to its structure (relief), the seabed has such parts as the underwater edge of the continent and the ocean bed. The underwater margin of the continent, in turn, includes a continental shelf (shelf), a continental slope and a continental foot. Thus, the shelf is a sandbank bordering the continent before a sharp change in the topography of the seabed, i.e., up to a slope. The depth of the outer shelf boundary is usually 100-200 m, but in some areas it can be much greater - up to 1500-2000 m.

The legal definition of the continental shelf and the characteristics of its legal regime are contained in Part VI of the 1982 UN Convention on the Law of the Sea. In the 1958 Convention on the Continental Shelf, the outer limit of the continental shelf was not clearly established. Its limits depended on the technical capabilities of each state.

At the III UN Conference on the Law of the Sea, states tried to eliminate the uncertainty in establishing the outer limit of the continental shelf. The 1982 UN Convention on the Law of the Sea defines the continental shelf With taking into account the configuration of the seabed. The basis for establishing its external border is the outer limit of the underwater edge of the continent.

The same principle is enshrined in the Federal Law of November 30, 1995 “On the Continental Shelf of the Russian Federation.”

According to Art. 76 Convention continental shelf A coastal state includes the seabed and subsoil of underwater areas extending beyond its territorial sea throughout the natural extension of its land territory to the outer limit of the underwater margin of the continent.

This is, essentially, the first and main option for establishing the outer limit of the continental shelf. Others depend on how remote the outer boundary of the underwater edge of the continent is.

According to the second option, the state has the right to establish a continental shelf with a length of 200 nautical miles from the baselines from which the width of the territory is measured.

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al sea, if the outer boundary of the underwater edge of the continent does not extend to such a distance.

The third option is used when the underwater continental margin extends more than 200 nautical miles from the baselines from which the width of the territorial sea is measured. In this case, the state has a choice: the outer limit of the continental shelf must be located either no more than 350 miles from the baselines from which the width of the territorial sea is measured, or no more than 100 nautical miles from the 2500-meter isobath (the line connecting the depths of 2500 m) .

If the continental shelf is adjacent to the territories of two or more states, the boundary of the continental shelf belonging to each state is determined on the basis of an agreement between them. Thus, agreements were concluded: in 1965 and 1967. between the USSR and Finland on the delimitation of the continental shelf in the Gulf of Finland and in the northeastern part of the Baltic Sea; in 1969 between the USSR and Poland - in the Gulf of Gdansk; in 1968 between Yugoslavia and Italy - in the Adriatic Sea; in 1970 between Germany, Denmark and the Netherlands - in the North Sea.

States send data on the limits of the continental shelf to the Commission on the Limits of the Continental Shelf, established in accordance with the UN Convention on the Law of the Sea.

The Decree of the Government of the Russian Federation of June 16, 1997 “On the procedure for approving lists of geographic coordinates of points defining the lines of the external boundaries of the continental shelf of the Russian Federation” provides for the need to carry out work to justify the geographic coordinates of points defining the lines of the external borders of the continental shelf of the Russian Federation. Lists of coordinates approved by the Government are published in “Notices to Mariners.” On their basis, maps are published indicating the outer boundaries of the continental shelf of the Russian Federation. Copies of lists of coordinates and copies of maps are sent in accordance with the UN Convention on the Law of the Sea for safekeeping to the UN Secretary-General.

The problem of delimiting the continental shelf often causes disputes between states. They must be resolved through negotiations or other peaceful means, in

§ 7. Continental shelf

including by appealing to the International Court of Justice, which accepts and resolves such disputes.

Legal regime. It is determined by the 1982 UN Convention on the Law of the Sea and the corresponding legislative acts of states. The coastal state exercises sovereign rights over the continental shelf for the purpose of exploration and development of its natural resources (Article 77). Rights are recognized as exclusive in the sense that if the coastal state does not explore and develop the natural resources of the continental shelf, then no one else can do this without its express consent.

Natural resources include mineral and other non-living resources of the surface and subsoil of the seabed, as well as living organisms of “sessile species”, i.e. those organisms that, in the appropriate period of their development from a commercial point of view, are either attached to the seabed or can only move along the seabed or in its depths.

Thus, the rights of a coastal state in relation to the continental shelf are characterized by two main features: 1) targeted nature - exploration and development of natural resources; 2) exclusivity, i.e. indisputable belonging to a given coastal state.

For the purposes of exploration and development, the state has the right to erect structures and other installations on the continental shelf. It can create security zones around them with a radius of 500 m. Structures and installations are under the jurisdiction of the coastal state. Neither the structures nor the security zones around them should interfere with normal sea routes of significant importance to international shipping.

The rights of a coastal state do not affect the status of the covering waters as an exclusive economic zone or the high seas, nor the status of the airspace above them. Exploration and development of the continental shelf should not interfere with the use of these territories for the purposes of navigation, fishing, oceanographic and other research, protection of living resources, and air communications.

Research on the continental shelf may be carried out with the consent of the coastal state. However, the coastal State, as a rule, should not refuse its

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consent if the request comes from a duly qualified institution to conduct a purely scientific study of the physical or biological properties of the continental shelf. All states have the right to lay submarine cables and pipelines on the continental shelf. The routes for laying pipelines are determined in agreement with the coastal state.

The 1982 UN Convention on the Law of the Sea establishes a wider range of rights and obligations of the coastal state in relation to the continental shelf than before (in the 1958 Convention). For example, according to Art. 82, when developing non-living resources on the continental shelf beyond 200 miles, states are required to make deductions or contributions in kind. Contributions and deductions are made annually, starting from the sixth year (i.e., in the first 5 years of development, states are exempt from contributions). The amount of deductions or contribution for the sixth year is 1% of the cost or volume of production on the site; it increases by 1% each year until the twelfth year, and then in subsequent years it is 7%. The royalties are made through the International Seabed Authority, which distributes them among the States Parties to the Convention on the basis of equity.

In accordance with Part 2 of Art. 67 of the Constitution, the Russian Federation on the continental shelf, as well as in the exclusive economic zone, has sovereign rights and exercises jurisdiction in the manner determined by federal law and international law.

According to the Federal Law “On the Continental Shelf of the Russian Federation”, the Russian Federation carries out:

1) sovereign rights for the purpose of exploration of the continental shelf and development of its mineral and living resources;

2) the exclusive right to authorize and regulate" drilling operations on the continental shelf for any purpose;

3) the exclusive right to construct, as well as to authorize and regulate the creation, operation and use of artificial islands, installations and structures;

4) jurisdiction over marine scientific research, protection and conservation of the marine environment, laying and operation of submarine cables and pipelines of the Russian Federation (Article 5).

§ 8. Open sea

The competent authorities of the Russian Federation, in accordance with the procedure established by law, issue permission to legal entities and individuals to use the resources of the continental shelf.

The Russian Federation, exercising sovereign rights and jurisdiction on the continental shelf, does not interfere with the exercise of navigation, other rights and freedoms of other states provided for by the 1982 UN Convention on the Law of the Sea and other norms of international law.

Open sea

The 1982 UN Convention on the Law of the Sea does not have a definition of the high seas. At the same time, according to Art. 86, the provisions of Part VII of the Convention on the High Seas apply to all parts of the sea that are not included in the exclusive economic zone, the territorial sea or internal waters of any state, or the archipelagic waters of an archipelago state.

This formula can be used to determine the high seas. However, it should be noted that it does not indicate such an important detail: the open sea is not just a part of the sea, but its water part, since the bottom of the seas and oceans has a special legal status.

Listed in Art. 86 maritime spaces, beyond which there is the high seas, can be combined into a territory over which the national jurisdiction of coastal states extends: in full (sovereignty) - over internal and archipelagic waters and over the territorial sea; to the extent established by international law - for an exclusive economic zone. The Convention devotes separate sections to them.

Sometimes an exclusive economic zone is considered part of the high seas, “where the right to freedom of the high seas operates with exceptions in favor of the functional rights of coastal states” 1 .

This approach is not consistent with the need to clearly define the legal regime of various maritime spaces.

Open sea- this is the water part of the sea space, located beyond the limits of national jurisdiction, open

International Law Course. T. 5. P. 43.

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for use by all states on the basis of international law.

Legal regime. IN In accordance with the 1982 UN Convention on the Law of the Sea, the high seas are free for all states, both coastal and landlocked (inland).

Landlocked states must have access to the sea. To this end, they enter into agreements with landlocked states on transit through their territory, access to and use of seaports.

No state has the right to claim to subject any part of the high seas to its sovereignty.

The freedom of the high seas regime includes: a) freedom of navigation; b) freedom of flight; c) freedom to lay submarine cables and pipelines; d) freedom to erect artificial islands and other installations; e) freedom of fishing and trade; f) freedom of scientific research.

Each state is obliged to exercise these freedoms taking into account the requirements of international law and the interests of other states.

Freedom of navigation means that every state, whether coastal or landlocked, has the right to have ships flying its flag sail on the high seas.

Vessels have the nationality of the state under whose flag they have the right to fly. The procedure and conditions for granting one's nationality to ships, registering ships and granting the right to fly the flag of a particular state are determined by domestic legislation, which is documented in appropriate documents. There must be a real connection between a state and a ship that flies its flag. In the practice of international maritime shipping, the use of a “flag of convenience” is common. This refers to cases where the ship belongs to a company registered in one state and flies under the flag of another. This situation is explained by the fact that some states provide a simplified or preferential regime for registration, granting the right to a flag, and operation of a vessel (Liberia, Panama, Malta, etc.).

On the high seas, a ship is subject to the exclusive jurisdiction of the state whose flag it flies. The state carries out administrative, technical and social

§ 8. Open sea

asserts its jurisdiction and control over ships, master and crew, maintains a register of ships, takes measures to ensure the safety of navigation, organizes a qualified investigation of each serious accident or other navigation incident on the high seas involving a ship flying its flag. Criminal or disciplinary proceedings against the master or other crew member can only be brought before the judicial or administrative authorities of the flag State.

The Convention provides for a number of exceptions to this principle. A warship has the right to inspect a foreign ship if there are reasonable grounds to suspect that the ship: 1) is engaged in piracy; 2) is engaged in the slave trade; 3) engages in unauthorized radio and television broadcasting; 4) has no nationality; 5) in reality has the same nationality as the warship, although it flies a foreign flag or refuses to hoist its flag.

In addition, an act of intervention is possible if it is based on the rules established by international treaties.

For example, the International Convention for the Protection of Submarine Telegraph Cables of 1884 granted the right to warships to pursue and stop ships suspected of breaking or damaging a telegraph cable, verify the nationality of the ship, and draw up a protocol on the ship’s violation.

It is also possible to pursue a foreign vessel in hot pursuit if there are sufficient grounds to believe that it has violated the laws and regulations of the coastal state in the waters under its jurisdiction. The condition for pursuit on the high seas by a warship or military aircraft of a coastal state is its continuity, that is, it must begin in the maritime spaces over which the jurisdiction of that state extends and continue on the high seas. Such pursuit ceases as soon as the pursued vessel enters the territorial sea of ​​its own or another state.

Any acts of interference on the high seas against military vessels and government vessels on non-commercial service are unacceptable.

Chapter 21. International maritime law

In order to ensure the safety of navigation and protect other interests of states, international legal norms provide for a number of measures to prevent and suppress certain illegal actions.

Each state, according to the 1982 Convention, is obliged to take effective action to prevent the carriage of slaves on ships entitled to fly its flag (Article 99).

Specific measures are provided to suppress such crimes as piracy. Piracy is any unlawful act of violence, detention or robbery of privately owned ships or aircraft on the high seas, directed against another ship or aircraft or against persons or property on board.

Any state may seize a pirate ship or aircraft on the high seas or other place outside the jurisdiction of any state, arrest the persons on board the ship or aircraft and seize the property on it (Article 105 of the Law of the Sea Convention). The judicial authorities of the State committing the seizure may order the imposition of penalties and determine the measures to be taken in relation to such ships, aircraft or property.

All states have an obligation to cooperate in suppressing illegal trade in narcotic and psychotropic substances, carried out by ships on the high seas. If a State has reason to believe that a ship flying its flag is engaged in illicit trade in narcotic or psychotropic substances, it may request the cooperation of other States in suppressing such illicit trade.

States shall also cooperate in suppressing unauthorized broadcasting from the open sea. Unauthorized broadcasting means the transmission of audio radio or television programs from a ship or installation on the high seas, intended for reception by the public, in violation of international rules for regulating telecommunications, radio frequency distribution, etc. The transmission of distress signals cannot be regarded as unauthorized broadcasting.

A person engaged in unauthorized broadcasting may be prosecuted in court: a) the flag state of the ship; b) state of registration of the installation; c) state

Literature

Literature

Adjarov K. A. The World Ocean: legal regime. Krasnodar, 1983.

Barsegov Yu. G. The concept of the “common heritage of mankind” in international maritime law (theoretical issues) // Soviet Yearbook of International Law. 1984. M., 1986.

Bekyashev K. A., Sapronov V. D. World fisheries: issues of international cooperation. M., 1990.

Golovaty S. 77. 200-mile economic zone in the World Ocean (international legal problems). Kyiv, 1984.

Klimenko B. M. International legal regime of the deep seabed and its resources // Soviet State and Law. 1989. No. 4.

Colombos D. International maritime law. M., 1973.

Lazarev M. I. Theoretical issues of modern international maritime law. M., 1983.

The World Ocean and International Law: Fundamentals of modern law and order in the World Ocean / Responsible. ed. A. Movchan, A. Yankov. M., 1986.

Movchan A. 77. UN Convention on the Law of the Sea - a contribution to the progressive development of international law // Soviet Yearbook of International Law. 1982. M., 1983.

Molodtsov S.V. International maritime law. M., 1987.

Dictionary of international maritime law / Rep. ed. Yu. G. Barsegov. M., 1985.

Shinkaretskaya G. G. International legal aspects of the delimitation of maritime spaces // Soviet Yearbook of International Law. 1984. M., 1986.

Yakovlev I. I. International Seabed Authority. M., 1986.

EXCLUSIVE ECONOMIC ZONE

a maritime area located outside the territorial waters (territorial sea) of the Russian Federation, including areas around islands belonging to the Russian Federation. External border of I.e.z. is located at a distance of 200 nautical miles, measured from the same baselines as the territorial waters, i.e. from the low tide line both on the mainland and on the islands or from straight baselines connecting points. the geographical coordinates of which are approved by the Government of the Russian Federation. The delimitation of the economic zone between the Russian Federation and other states is carried out through agreements based on international legal norms.

I.e.z. - one of the newest institutions of international maritime law, the formation of which took place in the 60-70s. XX century under the influence of the regulatory practice of a number of (mainly developing) countries that sought to unilaterally expand their powers over vast areas of the World Ocean (“creeping jurisdiction”). Concerns of states that had large merchant fleets. ultimately led to the compromise reached at the Third UN Conference on the Law of the Sea (1973-1982). As a result, the 1982 UN Convention on the Law of the Sea comprehensively regulated the legal status and legal regime for the use of space and natural resources of the coastal region, now called I.E.Z.

Within the I.e.z. a coastal State has sovereign rights granted to it “for the purpose of exploiting, exploring and conserving natural resources, both living and non-living, in the seabed waters, on the seabed and in its subsoil, and for the management of these resources.” The same applies to economic exploration and development of I.E.Z., the creation and use of artificial islands, installations and structures, protection and conservation of the marine environment.

When exercising your powers within the I.e.z. the coastal state is obliged to take into account the interests of international navigation, the rights and obligations of other states. For their part, these other States, in exercising their rights and fulfilling their obligations under the Convention, must take into account the rights and obligations of the coastal State and comply with those established by it in accordance with the Convention and other rules of international law. \"

List of rights of other states within the I.E.Z. includes freedoms: navigation and flights, laying of submarine cables and pipelines and other types of lawful use of the sea related to these freedoms associated with the operation of ships and aircraft. submarine cables and pipelines, while being compatible with other convention provisions.

The Convention gives coastal states exclusive jurisdiction over artificial islands. installations and structures, including in relation to customs and fiscal. health, immigration and safety laws and regulations. At the same time, the Convention imposes on them the obligation to properly inform seafarers about the creation of named artificial islands, installations or structures, and to maintain permanent means of warning about their presence in good condition. Coastal States are required, “in order to ensure the safety of navigation, taking into account any generally accepted international standards established in this regard by the competent international organization,” to remove any abandoned or no longer in use installations and structures, and in the removal of said objects, due consideration must be given to “the interests of fisheries and marine protection.” environment, rights and obligations of other States”, and “the depth, location and size of any installations or structures that have not been completely removed” must be given due notice.

The coastal State is entitled "where necessary to establish reasonable safety zones around such artificial islands, installations and structures within which it can take appropriate measures to ensure the safety of both navigation and artificial islands, installations and structures." The width of safety zones determined by the coastal State, taking into account applicable international standards, shall be reasonably related to the nature and functions of such facilities and shall not extend around them to more than 500 m measured from each point of their outer edge, except as permitted by generally accepted international standards or recommended by a competent international organization."

By establishing requirements for all vessels to respect these safety zones. The Convention, at the same time, prohibits the construction of artificial islands, installations and structures “if this is likely to interfere with the use of recognized sea routes of significant importance for international navigation.”

The provisions of the 1982 UN Convention on the Law of the Sea have been enshrined and detailed in the regulations of many coastal states.

As for liability for illegal activities in I.E.Z., some of the elements of such crimes are provided for by the Criminal Code. This may include many provisions of Chapter. 26, dedicated to environmental crimes, in particular Art. 246, 247, 252, 253, 255,256 of the Criminal Code.

Volosov M.E.

Encyclopedia of Lawyer. 2005 .

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A 200 nautical mile wide strip of open sea adjacent to the territory, in which only the coastal state has the right to establish a special legal regime provided for by the UN convention. Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B..… … Economic dictionary

Exclusive economic zone of the Russian Federation- (English exclusieve/exceptional economic zone of RF) according to the legislation of the Russian Federation, a maritime area located outside the territorial sea of ​​the Russian Federation and adjacent to it, with a special legal regime established by the Federal Law “On the exclusive economic zone... ... Encyclopedia of Law

Exclusive economic zone of the Russian Federation- 1. The exclusive economic zone of the Russian Federation (hereinafter also the exclusive economic zone) is a maritime area located outside the territorial sea of ​​the Russian Federation (hereinafter the territorial sea) and adjacent to it, with... ... Official terminology

Maritime zones in accordance with the UN Convention on the Law of the Sea. Exclusive economic zone ... Wikipedia

A 200-mile (365 km) strip of high seas that is adjacent to territorial waters, where only the coastal state can establish a special legal regime under the UN Convention on the Law of the Sea. See t.zh. ECONOMIC ZONE… Encyclopedic Dictionary of Economics and Law

EXCLUSIVE ECONOMIC ZONE OF THE RF- this is a zone established in maritime areas located outside the territorial waters (territorial sea) of the Russian Federation, and adjacent areas, including areas around islands belonging to Russia. External border of I. e. h. is located at a distance... Dictionary-reference book of criminal law

exclusive economic zone- a maritime area located outside the territorial sea of ​​the Russian Federation and adjacent to it, with a special legal regime established by the Law on the Exclusive Economic Zone of the Russian Federation of December 17, 1998 and the norms of international law... Large legal dictionary

Exclusive economic zone is an area outside and adjacent to the territorial sea that is subject to a special legal regime defined by the 1982 UN Convention on the Law of the Sea. The width of the exclusive economic zone cannot exceed 200 nautical miles, measured from the same baselines from which width of the territorial sea. Federal Law of December 17, 1998 No. 191-FZ “On the exclusive economic zone of the Russian Federation” defines the status of the exclusive economic zone of the Russian Federation, the sovereign rights and jurisdiction of the Russian Federation in its exclusive economic zone and their implementation in accordance with the Constitution of the Russian Federation, generally recognized principles and norms international law and international treaties of the Russian Federation.

The issue of delimiting exclusive economic zones between opposing or adjacent states is quite acute. In accordance with the 1982 Convention, the delimitation of the exclusive economic zone between states with opposite or adjacent coasts is carried out by agreement. Pending agreement, these States must make every effort to conclude an interim agreement of a practical nature, and if this cannot be achieved within a reasonable time, the States concerned shall have recourse to the procedures provided for in Part XV of the 1982 Convention ("Settlement of Disputes"),

In the exclusive economic zone, the coastal state exercises sovereign rights for the purposes of exploration, development and conservation of living and non-living resources, as well as jurisdiction over the creation and use of artificial islands, installations and structures, marine scientific research and marine environmental protection. Other states in the exclusive economic zone enjoy freedoms of navigation and flight, laying cables and pipelines and other freedoms related to maritime activities (clause 1 of Article 58 of the Convention). In the exclusive economic zone, the provision applies that no state has the right to claim to subject any part of the high seas to its sovereignty.

In order to exercise its sovereign rights in the exclusive economic zone, the coastal State may take such measures as arrest, search, inspection and judicial proceedings as may be necessary to enforce the laws adopted by it in accordance with the 1982 Convention. To create an exclusive economic zone for economic purposes of structures and installations, foreign states must obtain appropriate permission from the coastal state.

In exercising its right to create and use artificial islands, installations and structures, the coastal state must give warning and monitor the serviceability of the equipment responsible for such notification. When such structures and installations are no longer needed, the coastal state must remove them to ensure the safety of navigation. Around such installations it is possible to establish safety zones in which the necessary measures are applied to ensure the safety of both navigation and the artificial islands, installations and structures themselves.

There is a restriction that a security zone cannot be established around artificial islands, installations and structures due to interference with the use of recognized sea routes that are essential for international navigation. Artificial islands, installations and structures do not have the status of islands, and therefore their presence does not affect the boundaries of the territorial sea, exclusive economic zone or continental shelf.

The sovereign rights of a coastal state in the exclusive economic zone for the purposes of exploration, development and conservation of living natural resources are that without the consent of the coastal state, other states cannot use these resources. The coastal state has the right to adopt laws and regulations regarding the use of living resources that are consistent with the 1982 Convention.

The state determines for its own and foreign vessels the areas and terms of fishing in the exclusive economic zone, the total permissible catch of living resources by area and species. The national fishing rules set out the main types of commercial fish and the catch quota for specific species. Specially authorized government bodies issue special permits - licenses for harvesting living resources. The original of this license must be on each vessel while fishing and cannot be transferred to a third party.

The 1982 Convention establishes the obligation of a coastal state to promote the optimal use of the living resources of its exclusive economic zone, which implies the obligation to grant foreign states access to the remainder of the allowable catch. It is also the responsibility of the coastal state to take appropriate measures to protect and conserve living resources and prevent overexploitation of living resources in the exclusive economic zone.

According to general practice, fishing for highly migratory fish species in the exclusive economic zone is regulated by relevant international agreements. The coastal State in whose waters catadromous fish stocks spend the majority of their life cycles is responsible for managing those stocks and ensuring that migratory fish species have access to and from their waters.

In the text of the 1982 Convention, the exclusive economic zone regime covers all its natural resources, but in fact it applies only to living natural resources. According to Art. 56 of the Convention, the rights set out in this article in relation to the seabed and its subsoil are exercised in accordance with Part VI of the Convention ("Continental Shelf").

• Safety zones are established for no more than 500 m around the structure.

Exclusive economic zone-- a new institution of international maritime law, which emerged as a result of the work of the Third UN Conference on the Law of the Sea. When developing provisions related to the exclusive economic zone, two approaches collided - claims to extend the sovereignty of a coastal state to large areas of the high seas and the desire to preserve the freedom of the high seas in its fullest form. The agreed decisions contained in the 1982 Convention (Articles 55-75) were reached on the basis of a compromise on what must be taken into account when determining the legal status and legal regime of the exclusive economic zone.

The 1982 Convention defines an exclusive economic zone as an area outside and adjacent to the territorial sea. In this area there is a special legal regime established by the Convention, in accordance with which the rights and jurisdiction of the coastal state and the rights and freedoms of other states are regulated by the relevant provisions of the Convention (in particular, Articles 87 - 115, in which we are talking about the legal regime of the high seas).

States have the right to establish an exclusive economic zone within 200 nautical miles, and the countdown is carried out from the same baselines from which the width of the territorial sea is measured. Therefore, if a state has a territorial sea width of 12 miles and establishes an exclusive economic zone with an external border of 200 miles, then the exclusive economic zone regime will operate on a 188-mile strip adjacent to the territorial sea. Thus, the outer limit of the territorial sea is the inner limit of the exclusive economic zone.

When determining the legal status of an exclusive economic zone, the compromise nature of the relevant provisions of the 1982 Convention should be taken into account. The Convention does not directly indicate that the exclusive economic zone is part of the high seas, nor does it directly indicate that the coastal state establishes a regime in it by virtue of its sovereignty over this space. Article 55 of the Convention gives grounds to consider an exclusive economic zone an area of ​​the high seas with a special legal regime, the scope of which is determined by the Convention itself. This conclusion is supported by Art. 36, 56, 58, 78, 88--115.

Rights and jurisdiction of the coastal state. They are comprehensively defined in the 1982 Convention and are as follows. The coastal state has sovereign rights to explore, develop, conserve and manage living and non-living natural resources in the waters, on the seabed and in its subsoil. Sovereign rights are also provided for other activities related to the exploration and development of this zone for economic purposes. The Convention includes the production of energy through the use of water, currents and wind. It should be borne in mind that rights in relation to the seabed and its subsoil within the exclusive economic zone are exercised in accordance with that part of the Convention that defines the legal regime of the continental shelf.

The coastal state, using sovereign rights to living resources, determines, in particular, the allowable catch in its zone. If the capabilities of the state itself do not allow it to use the entire allowable catch in its zone, then it provides access to other states on the basis of agreements. Foreign fishermen allowed to fish comply with the laws and regulations of the coastal state, which must comply with the provisions of the Convention. To ensure compliance with these laws and regulations, the authorities of the coastal state may search, inspect, arrest and initiate legal proceedings against foreign fishing vessels.

In addition to the above sovereign rights, the coastal state has the right to exercise jurisdiction over: a) the creation and use of artificial islands, installations or structures, b) marine scientific research and c) the protection and preservation of the environment. With regard to artificial islands, installations, structures, the coastal state has the exclusive right to their construction, as well as the right to authorize and regulate their creation, operation and use, as well as exclusive jurisdiction over them. The coastal state can create safety zones around these artificial structures.

Rights and obligations of other states. All other states enjoy freedom of navigation, overflight, and laying of submarine cables and pipelines in the exclusive economic zone, subject to compliance with the relevant provisions of the 1982 Convention. Other freedoms of the high seas are used by them to the extent that this is compatible with the rights and jurisdiction of the coastal state in the exclusive economic zone. Other states, when exercising their rights in the exclusive economic zone, are obliged to comply with the laws and regulations adopted by the coastal state in accordance with the 1982 Convention and other norms of international law.