The Exclusive Economic Zone (EEZ) is a maritime zone beyond and adjacent to the territorial sea in which the coastal State has sovereign rights over natural resources and jurisdiction over certain specified activities.
The EEZ is primarily governed by Part V of the United Nations Convention on the Law of the Sea (UNCLOS), Articles 55–75.
The EEZ extends up to a maximum of:
200 nautical miles from the baselines
The EEZ is therefore different from the territorial sea. The coastal State does not exercise full sovereignty over the EEZ. Instead, it enjoys specific sovereign rights and jurisdiction recognised by UNCLOS.
The basic formula is:
Baseline → 12 nm Territorial Sea → 24 nm Contiguous Zone → up to 200 nm EEZ
Meaning of Exclusive Economic Zone
Under Article 55 UNCLOS, the EEZ is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established by Part V.
It is therefore:
beyond the territorial sea;
adjacent to the coast;
subject to a special legal regime;
primarily concerned with economic resources and related jurisdiction.
The word “exclusive” refers principally to the coastal State’s exclusive rights over specified economic resources.
It does not mean that other States lose all rights in the zone.
Legal Basis
The principal provisions are:
Article 55 → Specific legal regime of EEZ
Article 56 → Rights, jurisdiction and duties of coastal State
Article 57 → Breadth of EEZ
Article 58 → Rights and duties of other States
Article 59 → Basis for resolving conflicts
Article 60 → Artificial islands, installations and structures
Articles 65–67 → Marine mammals and anadromous/catadromous species
Article 68 → Sedentary species
Article 69 → Rights of landlocked States
Article 70 → Rights of geographically disadvantaged States
Article 71 → Article 69/70 limitations
Article 72 → Transfer of rights
Article 73 → Enforcement
Article 74 → EEZ delimitation
Article 75 → Charts and geographical coordinates
Article 55 – Legal Regime
Article 55 establishes the EEZ as a special legal regime.
It is neither:
part of the high seas in the ordinary unrestricted sense; nor
part of the coastal State’s territory like the territorial sea.
It occupies a distinct legal position between territorial sovereignty and high-seas freedoms.
Article 57 – Breadth
Under Article 57, the EEZ shall not extend beyond:
200 nautical miles from the baselines
This is one of the most important figures in the law of the sea.
Memory
Territorial Sea → 12 nm
Contiguous Zone → 24 nm
EEZ → 200 nm
EEZ Diagram
Coast
↓
Baseline
↓
0–12 nm → Territorial Sea
↓
12–24 nm → Contiguous Zone
↓
24–200 nm → EEZ
↓
Beyond 200 nm → High Seas / Continental Shelf Regime as Applicable
Nature of Coastal-State Rights
The most important feature of the EEZ is that the coastal State has:
Sovereign Rights
and
Specified Jurisdiction
It does not possess general sovereignty over the EEZ.
Sovereign Rights
Under Article 56(1)(a), the coastal State has sovereign rights for the purpose of:
exploring;
exploiting;
conserving;
managing
the natural resources of the waters superjacent to the seabed, seabed and subsoil.
These rights concern both:
living resources;
non-living resources.
Living Resources
Living resources include:
fish;
marine organisms;
other biological resources.
The coastal State has rights concerning their exploration, exploitation, conservation and management.
Non-Living Resources
Non-living resources include:
oil;
natural gas;
minerals;
other resources associated with the seabed and subsoil.
The coastal State has sovereign rights concerning their exploration and exploitation.
Sovereign Rights ≠ Sovereignty
This is perhaps the most important conceptual distinction in an EEZ question.
Territorial Sea
Sovereignty
EEZ
Sovereign Rights
The coastal State cannot treat the EEZ as if it were an additional 200 nautical miles of territorial waters.
Article 56 – Rights of Coastal State
Under Article 56, the coastal State has:
Economic Rights
Rights to:
explore;
exploit;
conserve;
manage natural resources.
Jurisdiction
Jurisdiction concerning:
artificial islands;
installations and structures;
marine scientific research;
protection and preservation of the marine environment.
Other Rights
Other rights and duties provided by UNCLOS.
Jurisdiction in the EEZ
The coastal State’s jurisdiction is functional and specifically defined.
It includes:
Artificial islands/installations
Marine scientific research
Marine environmental protection
It does not amount to unrestricted territorial jurisdiction.
Rights of Other States
Other States continue to enjoy important rights in the EEZ.
Under Article 58, all States enjoy, subject to relevant UNCLOS provisions:
freedom of navigation;
freedom of overflight;
freedom to lay submarine cables and pipelines.
Therefore:
EEZ ≠ Territorial Sea
Foreign ships and aircraft retain important freedoms.
Navigation
Foreign vessels have freedom of navigation in the EEZ.
The coastal State cannot generally prohibit navigation merely because a vessel is within its EEZ.
This is a major difference from territorial waters.
Overflight
Foreign aircraft retain the freedom of overflight in the EEZ.
The coastal State therefore does not possess sovereignty over EEZ airspace equivalent to the sovereignty it exercises over the airspace above its territorial sea.
Submarine Cables and Pipelines
Other States enjoy the freedom to lay submarine cables and pipelines in the EEZ, subject to UNCLOS and relevant rights of the coastal State.
The coastal State may regulate certain matters relating to cables and pipelines, but cannot simply prohibit them arbitrarily.
Rights and Duties of Other States
Other States exercising their rights in the EEZ must have due regard to the rights and duties of the coastal State.
Similarly, the coastal State must have due regard to the rights and duties of other States.
This principle is central to the balance created by Article 58.
Due Regard
The EEZ therefore creates a relationship of competing but legally coordinated interests:
Coastal State
→ Resource rights + specified jurisdiction
Other States
→ Navigation + overflight + cables/pipelines + other lawful uses
↓
Both must have due regard for each other’s rights
Article 59 – Conflict of Rights
Article 59 addresses situations where UNCLOS does not clearly attribute rights or jurisdiction to either the coastal State or other States.
The conflict must be resolved on the basis of:
equity;
relevant circumstances;
importance of the respective interests to the parties and the international community.
Fisheries in the EEZ
Fisheries are one of the most important aspects of the EEZ.
Under Article 61, the coastal State determines the allowable catch of living resources in its EEZ.
It must take appropriate conservation measures based on the best scientific evidence available to it.
Conservation of Living Resources
The objective is to ensure that living resources are not endangered by over-exploitation.
The coastal State must:
determine allowable catch;
maintain or restore populations;
consider relevant environmental and economic factors.
Maximum Sustainable Yield
Article 61 refers to maintaining populations of harvested species at levels that can produce maximum sustainable yield, subject to relevant environmental and economic factors and interdependence among species.
The modern fisheries regime also emphasises precaution and ecosystem considerations through later international instruments and State practice.
Utilisation of Living Resources
Under Article 62, the coastal State promotes the objective of optimum utilisation of living resources.
Where the coastal State does not have the capacity to harvest the entire allowable catch, it may give other States access to the surplus, subject to applicable laws and agreements.
However, this does not create an automatic unrestricted fishing right for foreign States.
Foreign Fishing Vessels
Foreign fishing vessels may fish in another State’s EEZ only in accordance with:
coastal-State laws;
applicable agreements;
UNCLOS;
relevant international fisheries rules.
Enforcement of Fisheries Laws
Article 73 is extremely important.
The coastal State may take measures necessary to ensure compliance with its laws and regulations concerning:
exploration;
exploitation;
conservation;
management of living resources.
These measures may include:
boarding;
inspection;
arrest;
judicial proceedings.
Article 73 – Enforcement
The coastal State may enforce its fisheries laws in the EEZ.
However, there are important limitations.
Prompt Release
Under Article 73(2), arrested vessels and crews must be promptly released upon the posting of a reasonable bond or other security.
No Imprisonment for Fisheries Violations
Under Article 73(3), coastal-State penalties for violations of fisheries laws in the EEZ may not include imprisonment, in the absence of agreements to the contrary.
Notification
Under Article 73(4), the coastal State must promptly notify the flag State of action taken.
Fisheries Enforcement Flowchart
Foreign Fishing Vessel
↓
Within Coastal State’s EEZ
↓
Violation of Fisheries Law
↓
Coastal State May Board / Inspect / Arrest
↓
Prompt Release on Reasonable Bond
↓
Flag State Notification
Straddling Fish Stocks
Some fish populations occur:
within the EEZ of one State and the EEZ of another; or
within an EEZ and the adjacent high seas.
UNCLOS addresses these situations through Articles 63 and 64, supplemented by the 1995 UN Fish Stocks Agreement.
Highly Migratory Species
Article 64 concerns highly migratory species.
These species require international cooperation because they move across large maritime areas.
The coastal State and other States whose nationals fish for such species must cooperate directly or through appropriate international organisations.
Marine Mammals
Article 65 allows States to adopt more stringent measures concerning marine mammals.
States are encouraged to cooperate for their conservation.
Anadromous Species
Article 66 deals with anadromous species, such as salmon, which migrate from the sea to freshwater to reproduce.
The State of origin has special interests in their management.
Catadromous Species
Article 67 deals with catadromous species, which spend most of their life in marine waters but migrate to freshwater to reproduce.
The coastal State has particular responsibilities concerning their management.
Sedentary Species
Article 68 excludes sedentary species from the EEZ living-resources regime because they are primarily addressed under the continental shelf regime.
This distinction is important.
Artificial Islands and Installations
Under Article 60, the coastal State has the exclusive right to construct, authorise and regulate:
artificial islands;
installations;
structures
within the EEZ.
Artificial Islands
Artificial islands do not possess the status of natural islands.
They do not generate:
their own territorial sea;
their own contiguous zone;
their own EEZ;
their own continental shelf.
Safety Zones
The coastal State may establish reasonable safety zones around artificial islands, installations and structures.
Such zones must generally be:
reasonably related to the nature and function of the installation;
limited to the required safety distance.
Interference with Navigation
Artificial islands and installations cannot be constructed in a manner that creates unjustifiable interference with:
navigation;
recognised sea lanes essential to international navigation.
Marine Scientific Research
Marine scientific research in the EEZ is subject to the coastal State’s jurisdiction.
Under Article 246, the coastal State has the right to regulate, authorise and conduct marine scientific research in its EEZ and on its continental shelf.
Foreign States and competent international organisations generally require the consent of the coastal State.
Consent for Marine Scientific Research
The coastal State should normally grant consent for marine scientific research undertaken for peaceful purposes and to increase scientific knowledge of the marine environment.
However, Article 246 identifies circumstances in which consent may be withheld, particularly where the research has direct significance for resource exploration/exploitation or involves drilling, explosives, harmful substances or certain installations.
Environmental Protection
The EEZ regime is closely connected with marine environmental protection.
Under Article 56, the coastal State has jurisdiction concerning the protection and preservation of the marine environment.
UNCLOS Part XII further establishes general obligations.
Article 192
Under Article 192, States have the obligation to protect and preserve the marine environment.
Article 194
States must take measures necessary to prevent, reduce and control pollution of the marine environment from various sources.
This includes pollution from:
ships;
land-based sources;
seabed activities;
dumping;
atmosphere;
other sources.
EEZ and Offshore Energy
The coastal State has rights concerning the exploration and exploitation of resources in the EEZ.
This may include offshore:
oil;
gas;
wind-energy installations;
other forms of energy derived from water, currents and winds.
Under Article 56, the coastal State has sovereign rights concerning energy production from water, currents and winds.
Renewable Energy
The EEZ has become increasingly important for offshore renewable energy.
A coastal State may develop offshore installations for energy production, subject to:
UNCLOS;
environmental obligations;
navigation rights;
applicable domestic and international law.
Rights of Landlocked States
UNCLOS gives landlocked States certain rights concerning access to living resources in the EEZs of coastal States of the same region or subregion.
These rights are governed by Article 69.
However, the exact extent of access depends on:
regional circumstances;
agreements;
relevant factors;
the capacity and resource situation of the coastal State.
Geographically Disadvantaged States
Article 70 provides certain rights to geographically disadvantaged States.
These are States that are geographically disadvantaged and cannot claim an EEZ of their own or have special circumstances limiting their access to living resources.
Their rights are subject to the conditions established by UNCLOS.
Article 69 and Article 70
Article 69
Landlocked States
Article 70
Geographically Disadvantaged States
These provisions seek to balance the exclusive resource rights of coastal States with regional resource-sharing interests.
EEZ and High Seas
The EEZ is neither simply territorial waters nor simply high seas.
It is a special sui generis maritime zone.
The coastal State has resource rights and specified jurisdiction, while other States retain important freedoms.
EEZ and High Seas Freedoms
Article 58 preserves important high-seas-type freedoms, particularly:
navigation;
overflight;
laying cables and pipelines.
However, these freedoms operate subject to the EEZ regime.
EEZ and Military Activities
Military activities by foreign States in another State’s EEZ have been the subject of differing interpretations and State practice.
UNCLOS does not expressly establish a general prohibition on foreign military activities in another State’s EEZ.
The debate concerns how military activities interact with:
Article 58 freedoms;
Article 56 coastal-State rights;
Article 88 and peaceful purposes;
the principle of due regard.
This remains an important area of international maritime practice.
Where two States have opposite or adjacent coasts, their EEZs may overlap.
Article 74 governs delimitation.
The boundary is to be determined by agreement on the basis of international law in order to achieve an equitable solution.
Article 74 – EEZ Delimitation
Unlike the territorial-sea rule in Article 15, Article 74 does not prescribe a simple median-line formula.
States must:
negotiate;
seek agreement;
apply international law;
achieve an equitable solution.
Provisional Arrangements
Pending agreement on delimitation, States are expected to make every effort to enter into provisional arrangements of a practical nature.
They must also make every effort not to jeopardise or hamper the reaching of a final agreement.
EEZ Delimitation Flowchart
Opposite/Adjacent Coasts
↓
Potential EEZ Overlap
↓
Article 74
↓
Agreement on Basis of International Law
↓
Equitable Solution
Continental Shelf and EEZ
The EEZ and continental shelf are closely related but legally distinct.
EEZ
Concerned with:
water column;
seabed;
subsoil;
living and non-living resources;
specified jurisdiction.
Continental Shelf
Primarily concerns:
seabed;
subsoil;
natural resources.
A State’s continental shelf may extend beyond 200 nautical miles under Article 76.
Important Distinction
EEZ
Maximum:
200 nm
Continental Shelf
May extend:
Beyond 200 nm, where the legal requirements of Article 76 are satisfied.
EEZ and Airspace
The coastal State does not possess sovereignty over the airspace above the EEZ equivalent to that over the territorial sea.
Foreign aircraft retain freedom of overflight.
EEZ and Navigation
Foreign vessels retain freedom of navigation.
Therefore:
Territorial Sea → Sovereignty + Innocent Passage
EEZ → Sovereign Resource Rights + Navigation Freedoms
EEZ and Submarine Cables
Other States retain the freedom to lay submarine cables and pipelines in the EEZ, subject to UNCLOS.
This reflects the international character of the EEZ.
EEZ and Marine Pollution
The coastal State has important powers to regulate and enforce environmental rules, but these powers operate within the framework of UNCLOS Part XII and the rights of other States.
EEZ and Due Regard
The principle of due regard is one of the most important balancing principles.
The coastal State must have due regard to the rights of other States.
Other States must have due regard to the rights and duties of the coastal State.
This prevents either side from treating the EEZ as an area of unlimited unilateral control.
EEZ and Sovereignty – Exam Point
Never write:
“The coastal State has sovereignty over the EEZ.”
That is generally incorrect.
Write:
“The coastal State enjoys sovereign rights over natural resources and jurisdiction over specified matters in the EEZ.”
EEZ and Enforcement
The coastal State can enforce its laws concerning its EEZ rights.
The strongest example is fisheries enforcement under Article 73.
However, enforcement must remain within the jurisdiction granted by UNCLOS.
Important Case: Fisheries Jurisdiction
The Fisheries Jurisdiction (United Kingdom v Iceland) cases are important in the historical development of fisheries jurisdiction and the emergence of the modern EEZ concept.
They illustrate the tensions between:
coastal fishing interests;
traditional high-seas freedoms;
evolving maritime jurisdiction.
Important Case: Libya/Malta Continental Shelf
The Continental Shelf (Libyan Arab Jamahiriya/Malta) case is important for understanding maritime entitlements and delimitation.
Although it concerned the continental shelf rather than directly deciding all EEZ issues, it contributes to the broader jurisprudence concerning maritime delimitation.
Important Case: Maritime Delimitation in the Black Sea
In Maritime Delimitation in the Black Sea (Romania v Ukraine), the ICJ considered maritime delimitation involving the territorial sea, EEZ and continental shelf.
The Court used a structured delimitation methodology involving:
provisional equidistance line;
relevant circumstances;
adjustment where appropriate;
disproportionality check.
Important Case: Bangladesh/Myanmar
The Bay of Bengal Maritime Boundary Arbitration (Bangladesh v India) and Bangladesh/Myanmar maritime delimitation cases are important for the delimitation of maritime zones, including the EEZ and continental shelf.
They demonstrate the application of equitable principles in maritime delimitation.
Important Case: Philippines v China
The South China Sea Arbitration (Philippines v China) under UNCLOS is one of the most significant modern cases concerning the EEZ.
The tribunal addressed questions involving:
maritime entitlements;
historic rights;
islands and rocks;
fisheries;
marine environmental protection;
jurisdiction under UNCLOS.
The case is particularly important for understanding the distinction between:
territorial sovereignty
and
maritime entitlements under UNCLOS.
EEZ and Historic Rights
The South China Sea arbitration is also important because the tribunal examined claims of historic rights in relation to the UNCLOS maritime-zone system.
UNCLOS provides the primary framework for maritime entitlements in areas covered by the Convention.
Important Case: M/V Saiga
The M/V Saiga (No. 2) case before the International Tribunal for the Law of the Sea concerned enforcement jurisdiction in the EEZ.
It is important for understanding:
coastal-State enforcement;
flag-State rights;
proportionality;
the limits of coastal-State jurisdiction.
EEZ and ITLOS
Disputes concerning EEZ rights may be addressed through the dispute-settlement mechanisms of Part XV UNCLOS, including:
ITLOS;
ICJ;
Annex VII arbitration;
Annex VIII special arbitration,
subject to the applicable jurisdictional conditions and declarations.
EEZ Dispute Settlement
Relevant UNCLOS provisions include:
Article 279 → Peaceful settlement
Article 286 → Compulsory procedures
Article 287 → Choice of procedure
Disputes may concern:
resource rights;
fisheries;
environmental obligations;
maritime delimitation;
interpretation/application of UNCLOS.
EEZ and International Organisations
International organisations such as regional fisheries management organisations can play an important role in:
fisheries management;
conservation;
migratory species;
marine environmental protection.
EEZ – Complete Legal Picture
Baseline
↓
12 nm → Territorial Sea
↓
24 nm → Contiguous Zone
↓
Up to 200 nm → EEZ
↓
Coastal State
→ Sovereign rights over natural resources
→ Jurisdiction over artificial islands/installations
Mistake 3: Foreign Ships Need Permission to Navigate in EEZ
Generally incorrect.
Freedom of navigation applies under Article 58.
Mistake 4: Coastal State Owns All Resources Everywhere in the EEZ
The coastal State has sovereign rights over the natural resources specified by UNCLOS, but the EEZ is governed by a broader international legal regime.
Mistake 5: EEZ and Continental Shelf Are Identical
Incorrect.
They are distinct legal regimes.
Mistake 6: EEZ Gives Sovereignty Over Airspace
Incorrect.
Foreign aircraft retain freedom of overflight.
Mistake 7: EEZ Fisheries Rights Are Unlimited
Incorrect.
The coastal State must comply with conservation obligations under UNCLOS.
Mistake 8: Coastal State Can Arrest Any Ship for Any Crime in EEZ
Incorrect.
EEZ jurisdiction is functionally limited and must have a legal basis.
Quick Revision
EEZ = Exclusive Economic Zone.
Main provisions → Articles 55–75 UNCLOS.
Article 55 → special legal regime.
Article 56 → coastal-State rights and jurisdiction.
Article 57 → maximum 200 nautical miles.
Measured from the baseline.
EEZ lies beyond and adjacent to the territorial sea.
Coastal State does not have full sovereignty over the EEZ.
It has sovereign rights over natural resources.
Resources include:
living resources;
non-living resources.
Coastal State may:
explore;
exploit;
conserve;
manage resources.
Coastal State has jurisdiction concerning:
artificial islands/installations;
marine scientific research;
marine environmental protection.
Foreign States retain:
navigation;
overflight;
cable/pipeline freedoms;
other lawful uses consistent with UNCLOS.
Article 58 → rights of other States.
Both coastal and foreign States must exercise due regard.
Article 59 → conflicts of rights.
Article 61 → conservation.
Article 62 → utilisation of living resources.
Article 64 → highly migratory species.
Article 69 → landlocked States.
Article 70 → geographically disadvantaged States.
Article 73 → enforcement of fisheries laws.
Coastal State may board, inspect and arrest vessels for fisheries violations.
Arrested vessels must generally be promptly released upon reasonable bond/security.
Fisheries violations generally cannot result in imprisonment under Article 73(3), absent agreement to the contrary.
Article 74 → EEZ delimitation.
Delimitation seeks an equitable solution.
EEZ is different from the continental shelf.
Continental shelf may extend beyond 200 nm.
Artificial islands do not generate their own maritime zones.
Foreign marine scientific research generally requires coastal-State consent.
Marine environmental protection is an important EEZ responsibility.
Military activities in EEZs remain an area of differing State positions and interpretation.
Freedom → Navigation, overflight, cables/pipelines for other States
Final Maritime-Zone Formula
12 – 24 – 200
12 nm
→ Territorial Sea
→ Sovereignty + Innocent Passage
24 nm
→ Contiguous Zone
→ Customs + Fiscal + Immigration + Sanitary
200 nm
→ EEZ
→ Resource Rights + Specified Jurisdiction
Conclusion
The Exclusive Economic Zone is one of the most important innovations of modern international law of the sea. Codified principally in Part V of UNCLOS, it establishes a special maritime regime extending up to 200 nautical miles from the baseline.
The defining feature of the EEZ is that the coastal State does not receive territorial sovereignty. Instead, under Article 56, it enjoys sovereign rights for exploring, exploiting, conserving and managing the natural resources of the waters, seabed and subsoil. It also has specified jurisdiction concerning artificial islands and installations, marine scientific research and protection of the marine environment.
At the same time, the EEZ preserves important rights for other States. Under Article 58, foreign States retain freedoms of navigation, overflight and laying submarine cables and pipelines, subject to the EEZ regime and the requirement of due regard.
Fisheries form a particularly important part of the EEZ system. Articles 61–64 establish rules concerning conservation, utilisation, straddling stocks and highly migratory species, while Article 73 gives coastal States enforcement powers concerning living-resource laws, subject to important safeguards such as prompt release.
The EEZ must also be distinguished from the continental shelf. While both concern marine resources, the EEZ includes rights relating to the water column as well as seabed and subsoil, whereas the continental shelf primarily concerns the seabed and subsoil and may extend beyond 200 nautical miles.
The entire concept can be remembered through:
12 – 24 – 200
12 nm → Territorial Sea → Sovereignty
24 nm → Contiguous Zone → CFIS Control
200 nm → EEZ → Sovereign Economic Rights
The central examination principle is:
The EEZ gives the coastal State sovereign rights, not full sovereignty.
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