Exclusive Economic Zone: Scope and Legal Regime

(Baonghean.vn) -Question 15. What is the exclusive economic zone? Scope and legal regime?

Reply:The exclusive economic zone (EEZ) is a new legal regime, first recognized in the 1982 United Nations Convention on the Law of the Sea. This is a special maritime area in which the coastal state has separate jurisdiction for economic purposes, in accordance with the provisions of the Convention.

Article 57 of the 1982 United Nations Convention on the Law of the Sea stipulates that the exclusive economic zone "shall not extend beyond 200 nautical miles measured from the baselines of the territorial sea".

In the EEZ, the coastal State has the following rights:

- Sovereign rights for the purpose of exploring, exploiting, conserving and managing the living and non-living resources of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy, currents and winds (part a, paragraph 1, article 56).

- Jurisdiction in accordance with the relevant provisions of the Convention regarding: the establishment and use of artificial islands, installations and structures; marine scientific research; the protection and preservation of the marine environment; other rights and obligations prescribed by the Convention (part b, paragraph 1, article 56).

In the EEZ, other states (whether coastal or landlocked) enjoy freedom of navigation, freedom of overflight, freedom to lay submarine cables and pipelines, as well as freedom to use the sea for other lawful purposes (Article 58, paragraph 1).

In accordance with the provisions of the 1982 United Nations Convention on the Law of the Sea, the Law of the Sea of ​​Vietnam specifically stipulates: The exclusive economic zone of Vietnam is the sea area adjacent to and outside the territorial sea of ​​Vietnam, merging with the territorial sea to form a sea area with a width of 200 nautical miles from the base. Accordingly, the actual width of the exclusive economic zone is 188 nautical miles. The spatial scope of the exclusive economic zone as prescribed by the Law of the Sea is also extended to the seabed and subsoil below the seabed and to the airspace corresponding to the seawater part of the exclusive economic zone.

Article 16 of the Law of the Sea of ​​Vietnam stipulates the legal regime of Vietnam's exclusive economic zone as follows:

1. In the exclusive economic zone, the State shall:

a) Sovereign rights over the exploration, exploitation, management and conservation of resources in the waters above the seabed, the seabed and the subsoil of the seabed; over other activities aimed at exploring and exploiting this area for economic purposes;

b) National jurisdiction over the installation and use of artificial islands, installations and structures at sea; marine scientific research, protection and preservation of the marine environment;

c) Other rights and obligations in accordance with international law.

2. The State respects the freedom of navigation and overflight; the right to lay submarine cables and pipelines and the lawful use of the sea by other countries in Vietnam's exclusive economic zone in accordance with the provisions of this Law and international treaties to which the Socialist Republic of Vietnam is a member, without prejudice to Vietnam's sovereignty, national jurisdiction and national maritime interests.

The installation of underground cables and pipes must have written approval from the competent state agency of Vietnam.

3. Foreign organizations and individuals are allowed to participate in the exploration, use, exploitation of resources, scientific research, installation of equipment and works in Vietnam's exclusive economic zone on the basis of international treaties to which the Socialist Republic of Vietnam is a member, contracts signed in accordance with the provisions of Vietnamese law or with the permission of the Vietnamese Government, in accordance with relevant international law.

4. The rights related to the seabed and subsoil under the seabed specified in this Article shall be exercised in accordance with the provisions of Articles 17 and 18 of this Law.

According to Q&A on Vietnam Sea Law

(To be continued)