Term and Definition of the Exclusive Economic Zone
Die Exclusive Economic Zone (EEZ, English: Exclusive Economic Zone, EEZ) refers, according to maritime law, to a coastal state’s marine area beyond the territorial sea up to a distance of no more than 200 nautical miles (approx. 370.4 km) from the baseline of the coast. The EEZ is comprehensively regulated in international law primarily by the United Nations Convention on the Law of the Sea (UNCLOS) of 1982.
Within the EEZ, the coastal state has certain sovereign rights and jurisdiction regarding economic use, exploration, and protection of natural resources in the water, on the seabed, and in the subsoil. By contrast, the area beyond the territorial sea remains international waters, particularly with respect to the freedom of navigation, overflight, and the laying of submarine cables.
Legal Basis of the Exclusive Economic Zone
International Law Foundations
The exclusive economic zone is governed internationally by Part V of the United Nations Convention on the Law of the Sea of 10 December 1982. The relevant provisions for the EEZ are Articles 55 to 75 UNCLOS.
Article 55 UNCLOS defines the zone as a maritime area beyond the territorial sea to which the provisions of this Part apply.Article 57 UNCLOS sets the outer limit of the EEZ at a maximum of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.
National Legal Implementation
Germany has implemented the provisions of the Convention on the Law of the Sea through the Law on the Extension of Jurisdiction to the Exclusive Economic Zone of the Federal Republic of Germany in the North Sea and the Baltic Sea (EEZ Act) into national law. Other countries implement the provisions of UNCLOS individually through national legislation.
Legal Status and Sovereign Rights in the EEZ
Sovereign Rights
According to Article 56 UNCLOS the coastal state has the following sovereign rights in the EEZ:
- Exploration and exploitation, conservation and management of natural resources – both living (for example, fish stocks) and non-living (such as oil, natural gas, minerals) of the seabed and subsoil, as well as the superjacent waters.
- Economic utilization of the zone, including energy generation from water, currents, and winds.
Jurisdiction
The following jurisdictions are also granted with regard to:
- Construction and use of artificial islands, installations and structures
- Marine scientific research
- Protection and preservation of the marine environment
Limitation of Jurisdiction
The EEZ is not an extension of the national territory. Apart from the explicitly granted rights, sea areas remain international waters, so that in particular the following freedoms of all states remain unrestricted (Article 58 UNCLOS):
- Freedom of navigation
- Freedom of overflight
- Freedom to lay cables and pipelines
Other states are, however, obliged to have due regard to the rights of the coastal state.
Distinction from Other Maritime Zones
Territorial Sea and High Seas
Das Territorial Sea extends up to 12 nautical miles from the baseline; here the coastal state exercises full sovereignty.
The High Seas begin beyond the 200-nautical-mile limit or where no EEZ is claimed. In principle, they are open to use by all states.
Continental Shelf
Der Continental Shelf can extend beyond the 200-nautical-mile limit, especially where the natural extension of the land territory reaches further. On the continental shelf, the coastal state has the exclusive right to explore and exploit mineral resources (Article 77 UNCLOS), regardless of the existence of an EEZ.
Delimitation and Conflict Resolution
Delimitation between States
If overlapping EEZ claims by neighboring coastal states collide or the closest coasts are less than 400 nautical miles apart, Maritime delimitationis required. If no agreement is reached, this is often done according to the equidistance method (equal distance of the boundary line from the coastal states), but may be established differently by international treaties.
International dispute resolution
Disputes regarding EEZ boundaries are resolved pursuant to Chapter XV UNCLOS by arbitration tribunals, the International Tribunal for the Law of the Sea or by diplomatic means.
Utilization Possibilities and Obligations in the EEZ
Economic utilization
The coastal state may exercise various use rights economically:
- Fisheries, Aquaculture: National and where applicable, foreign fishing activities regulated by fishing agreements are permitted.
- Resource extraction: Exploitation of oil, gas, and other seabed minerals
- Energy production: Construction of offshore wind farms, tidal power plants, and other maritime energy installations
Obligations to Protect
The coastal state is obliged to protect and preserve the marine environment (Article 56 para. 1 lit. b UNCLOS). International standards and agreements, such as for the protection of marine mammals or against pollution, must be observed.
Marine scientific research
Research projects by other states in the EEZ generally require the consent of the coastal state. The coastal state may impose conditions, for example regarding environmental and resource protection.
Legal Controversies and Special Features
Enforcement and Surveillance
The coastal state is authorized to prosecute and sanction violations (e.g. unauthorized fishing, environmental offenses) in the EEZ. For this, maritime surveillance units, customs, and specific laws are partly designed in accordance with national legislation.
Exceptional Cases and Special Regimes
- Enclaves and Overlaps: In situations in which islands, overseas territories, or overlapping claims exist, specific international agreements and arbitral awards are applied.
- Marine Protected Areas: States may designate marine protected areas within their EEZ, but their legal effect must comply with international law.
Summary and Importance of the Exclusive Economic Zone
The exclusive economic zone is a key element of modern international maritime law. It grants coastal states extensive economic sovereignty rights while maintaining fundamental freedoms of international navigation and overflight. The EEZ significantly contributes to the sustainable use and protection of the world’s oceans and has global importance, particularly in resource-rich regions and for economic activities at sea. International regulations ensure a balanced system between national interests and the communal use of the seas.
Further Reading
- United Nations Convention on the Law of the Sea (UNCLOS), Part V, Articles 55 et seq.
- Law on the Extension of Jurisdiction to the Exclusive Economic Zone of the Federal Republic of Germany (EEZ Act)
See also
- Continental Shelf
- Territorial Sea
- High Seas
- Convention on the Law of the Sea (UNCLOS)
Frequently Asked Questions
What legal regulations govern the use of resources in the Exclusive Economic Zone (EEZ)?
The use of natural resources in the Exclusive Economic Zone (EEZ) is primarily governed by the United Nations Convention on the Law of the Sea (UNCLOS, 1982), which grants states exclusive rights for the exploration, exploitation, conservation, and management of living and non-living resources within an area up to 200 nautical miles (approx. 370 kilometers) from the baseline. Within the EEZ, the coastal state has the sovereign right to permit, regulate, or restrict fishing, seabed mining, energy generation from water, currents, and wind, as well as biological research. However, these rights must not impair the rights and obligations of other states – so the freedom of navigation, rights of overflight, or the laying of submarine cables and pipelines remain guaranteed, provided these activities comply with the legislation of the coastal state and the provisions of UNCLOS. National laws may further define the use of resources, but may not undermine international regulations.
To what extent may a coastal state prohibit the construction of installations and structures by other states in the EEZ?
The right to authorize, construct, and use artificial islands, installations, and structures in the EEZ lies exclusively with the coastal state concerned. According to Article 60 of the Convention on the Law of the Sea, the coastal state may not only permit or deny construction, but also enact regulations regarding location, safety zones, operation, and environmental protection. Other states may only construct such structures with the coastal state’s consent. Structures built without authorization may be removed by the coastal state. The coastal state is also required to publicize these structures on nautical charts and to inform the International Maritime Organization (IMO) and other states. These provisions ensure that, for example, wind farms, research stations, or production platforms cannot be established within a coastal state’s EEZ without its consent.
What is a coastal state’s responsibility regarding environmental protection in its EEZ?
The Convention on the Law of the Sea grants the coastal state extensive powers to prevent, reduce, and control pollution of the marine environment in its EEZ. This responsibility includes taking national measures and establishing rules within the framework of international agreements. The coastal state may, for example, establish emission limits, protected areas, licensing requirements for introducing harmful substances, and preventive measures for oil spills and marine pollution from ships or installations. Internationally, it remains obliged to closely cooperate with other states and must ensure that its measures comply with international standards, for example from MARPOL and other environmental treaties. If environmental protection rules are violated in its EEZ, the coastal state may impose sanctions and administrative measures against responsible vessels or companies.
May other states lay telecommunications submarine cables and pipelines in the EEZ?
In principle, the Convention on the Law of the Sea provides that all states have the right to lay submarine cables and pipelines in the EEZ of other states. However, certain legal restrictions must be observed: The coastal state has the right to set conditions, for example for the protection of the marine environment, shipping, and existing installations, as well as to determine through which sectors of the EEZ cables and pipelines may run. It may also require environmental impact assessments and issue technical regulations. Construction must not impair the use rights of the coastal state and the rights of other users (e.g. fishing, navigation). Disputes over cable and pipeline installations are usually resolved through dialogue or, if necessary, in international legal proceedings.
What measures can a coastal state take against unauthorized economic activities in its EEZ?
If authorities of a coastal state find that individuals or legal entities are conducting economic activities in the EEZ without authorization – for example, illegal oil or gas exploitation, fishing or sand mining – they are empowered to take official actions such as inspection, detention, towing, seizure of vessels, and punishment of those responsible. The coastal state, according to international requirements, has enforcement rights to ensure compliance with its regulations. These may include fines, revocation of licenses, port restrictions, or legal action. Civil and criminal sanctions are based on national laws, which must comply with international standards. International dispute settlement mechanisms, such as the International Tribunal for the Law of the Sea, may be invoked in case of ongoing disagreements.
Is there an obligation to use the EEZ for peaceful purposes, and how is this ensured?
Yes, all states are obliged under Articles 88 and 301 of the Convention on the Law of the Sea to use the EEZ exclusively for peaceful purposes. Any threat or use of force inconsistent with the principles of the UN Charter is also prohibited in the EEZ. Warships may pass through, as long as they act peacefully and in accordance with general rules. Military activities by other states in the EEZ are legally disputed; some states allow them, while others view them as an infringement of their sovereignty. Such disputes are usually resolved diplomatically, but sometimes by international court decisions.
How is jurisdiction for criminal prosecution and civil claims in the EEZ regulated?
For matters relating to economic or environmental aspects in the EEZ, the coastal state has primary jurisdiction. This applies to criminal prosecution for unauthorized exploitation of resources, regulatory offenses, or environmental violations. National courts or authorities are therefore authorized to conduct investigations, initiate proceedings, and render judgments. However, for certain issues – such as cross-border damage or incidents involving foreign-flagged ships – international jurisdiction or cooperation may apply, e.g., via the International Tribunal for the Law of the Sea or arbitral tribunals. In civil cases, such as environmental damage, special procedures for dispute resolution often exist on the basis of international agreements.
