The Exclusive Economic Zone: A Latin American Perspective

Description

Developed and implemented over a period of three decades through legislation and practice in the countries of Latin America, the concept of the Exclusive Economic Zone (EEZ) is the most recent of those incorporated into the body of international law resulting from the Third United Nations Law of the Sea Conference.A distinguished group of Latin American jurists and diplomats--most of whom were participants in Law of the Sea negotiations--present in this book their views on various aspects of the Exclusive Economic Zone (EEZ). Cover Half Title Series Page Title Copyright Contents 1 THE EXCLUSIVE ECONOMIC ZONE IN A LATIN AMERICAN PERSPECTIVE: AN INTRODUCTION 2 THE ORIGINS OF THE CONCEPT OF AN EXCLUSIVE ECONOMIC ZONE: LATIN AMERICAN PRACTICE AND LEGISLATION Early Claims to Living Resources The Claim to the So-called Sedentary Fisheries The Right of "Ownership and Protection" over the Seals of Bering Sea Claims to a zone in Moray Firth Proposals and Claims Relating to Conservation Proposals Presented at the 1930 Hague Conference The Truman Fisheries Proclamation (1945) The Nature of Claims Enunciated Subsequent to the Proclamation Claims with Respect to Submarine Areas and Superjacent Waters The Immediate Antecedents of Present-day Claims The U.S. Proclamation of 1945 and other Similar Proclamations The "Epicontinental Sea" and other Similar Claims The 200-Mile Maritime Zone The Chilean Claim of 1947 and the Four other Claims that Preceded the Santiago Declaration The Santiago Declaration of 1952: Its True Legal Mature 3 THE ECONOMIC INTEREST UNDERLYING THE FIRST DECLARATION ON A MARITIME ZONE Basic Principles Origins of the Initiative The Search for Precedents Advancement of Maritime Interests 4 THE EXCLUSIVE ECONOMIC ZONE IN THE LIGHT OF NEGOTIATIONS OF THE THIRD UNITED NATIONS CONFERENCE ON THE LAW OF THE SEA The Historical Approach The Process of Shaping the Exclusive Economic Zone Interests Reconciled in the Economic Zone Specific Questions Relating to the Economic Zone Delimitation Coexistence of Competences The Sovereign Rights of Coastal States The Attribution of Exclusivity to the Economic Zone Scope of the "Pactum de Contrahendo" The Economic Zone and the High Seas Maximum Sustainable Yield and Optimum Utilization Military Uses Reservations and the Compatibility Clause The Exclusive Economic Zone and International Custom The Economic Zone in the New International Economic Order 5 THE ROLE OF INFORMAL NEGOTIATIONS IN THE SEARCH FOR A CONSENSUS ON THE LAW OF THE SEA The Expanding Scope of the Law of the Sea The Creation Process The Consensus Rule Application of the Consensus Process in the law of the Sea Conflicting Interests Importance of Informal Negotiations 6 THE LEGAL STATUS OF THE EXCLUSIVE ECONOMIC ZONE IN THE 1982 CONVENTION ON THE LAW OP THE SEA The Origins of the Exclusive Economic Zone Basic Elements of the Latin American Position: The Montevideo and Lima Declarations The Concept of the Patrimonial Sea: The Santo Domingo Declaration African and Asian States and the Concept of an Exclusive Economic Zone: The Addis Ababa Declaration The Concept of the Exclusive Economic Zone In the Negotiations of the Third United Nations Conference The Concept of an Exclusive Economic Zone in the Convention, the Practice of States, and the Formation of a Customary Rule Current Trends Regarding the Legal Status of the Exclusive Economic Zone The Exclusive Economic Zone as Part of the High Seas The Exclusive Economic Zone as a Zone Sui Generis Basis of Application of the Sovereign Rights of the Coastal State Conclusions 7 THE EXCLUSIVE ECONOMIC ZONE: ITS LEGAL NATURE AND THE PROBLEM OF MILITARY USES The Legal Nature of the Exclusive Economic Zone First Thesis: The Exclusive Economic Zone is Part of the High Seas Second Thesis: The Exclusive Economic Zone is a Zone Sui Generis Third Thesis: The Exclusive Economic Zone is a Zone of National Jurisdiction Military Uses in the Exclusive Economic Zone 8 THE REGIME OF FISHERIES IN THE EXCLUSIVE ECONOMIC ZONE Introduction Basic Rules of the Regime on Fisheries in the Exclusive Economic Zone Special Fishing Regimes in the Exclusive Economic Zone Highly Migratory Species Marine Mammals Anadromous Species Catadromous Species Sedentary Species Rights of Landlocked States and States with Special Geographical Characteristics Application of the Coastal State's Laws and Regulations in the Exclusive Economic Zone: Controls and Supervision 9 THE SETTLEMENT OF DISPUTES REGARDING THE LAW OF THE SEA AND ITS BEARING ON THE LEGAL NATURE OF THE EXCLUSIVE ECONOMIC ZONE General Considerations The General System of Dispute Settlement and its Exceptions The 1982 Convention Resolution of Conflicts Regarding Fisheries and the Case of Scientific Research Summary Contributors Index About the Book and Editor