Exclusive Economic Zone: Scope and Legal Regime

(Baonghean.vn) -Question 15. What is an exclusive economic zone? What is its scope and legal regime?

Reply:The Exclusive Economic Zone (EEZ) is a new legal institution, first recognized in the 1982 United Nations Convention on the Law of the Sea. It is a special maritime zone in which the coastal state has specific jurisdictions for economic purposes, subject to the provisions of the Convention.

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

Within the Exclusive Economic Zone, the coastal state has the following rights:

- Sovereign rights to explore, exploit, conserve and manage the living and non-living resources of the waters above the seabed, the seabed and the subsoil beneath the seabed, as well as other activities aimed at exploring and exploiting these areas for economic purposes, such as energy production, currents and wind (part a, paragraph 1, Article 56).

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

Within the Exclusive Economic Zone, other states (whether coastal or landlocked) enjoy the freedom of navigation, freedom of overflight, freedom to lay submarine cables and pipelines, as well as the 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, Vietnam's Law of the Sea specifically stipulates that: Vietnam's exclusive economic zone is the sea area adjacent to and outside Vietnam's territorial sea, forming with the territorial sea a sea area with a width of 200 nautical miles measured 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 defined by the Law of the Sea, also extends to the seabed and subsoil beneath the seabed and into the airspace corresponding to the seawater portion of the exclusive economic zone.

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

1. Within the exclusive economic zone, the State implements the following:

a) Sovereign rights regarding the exploration, exploitation, management, and conservation of resources in the waters above the seabed, the seabed, and the subsoil beneath the seabed; and regarding 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 consistent 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 party, without prejudice to Vietnam's sovereignty, national jurisdiction, and national interests in the sea.

The installation of underground cables and conduits requires written approval from the competent state authority of Vietnam.

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

4. The rights relating to the seabed and subsoil beneath the seabed stipulated in this Article shall be exercised in accordance with the provisions of Articles 17 and 18 of this Law.

According to the Q&A on Vietnamese Maritime Law

(To be continued)