Safeguards Against Excessive Enforcement Measures in the Exclusive Economic Zone – Law and Practice
34 Pages Posted: 27 Jun 2014
Date Written: June 25, 2014
This paper addresses the issue of enforcement powers of coastal states within the exclusive economic zone (EEZ) and the situations in which those powers may be exercised against ships navigating in this zone. It reflects upon the nature of the powers conferred upon coastal states, as well as the safeguards that are imposed upon the exercise of those powers. In particular, the paper will consider how the law of the sea strikes a balance between the interest of coastal states in ensuring that rules and regulations in the EEZ are enforced and the interest of flag states in ensuring that there is no encroachment upon legitimate freedom of navigation. The paper will consider the relevant provisions of the 1982 United Nations Convention on the Law of the Sea, as well as how these provisions have been interpreted and applied in practice in the jurisprudence of the International Tribunal for the Law of the Sea.
Keywords: United Nations Convention on the Law of the Sea; Coastal State Jurisdiction; Enforcement Jurisdiction; Detention; Arrest; Penalties; Exclusive Economic Zone; International Tribunal for the Law of the Sea; Safeguards; Flag State Notification; Prompt Release; Reasonable Bond
Suggested Citation: Suggested Citation