The nature and extent of coastal State jurisdiction over living resources in the exclusive economic zone

Abstract

Although the 1982 United Nations Convention on the Law of the Sea ('LOSC') separates ocean space into maritime zones, and delineates the rights and duties of coastal States over specific activities and resources within each zone, there remains significant uncertainty about the extent and limit of that jurisdiction - particularly with respect to the living resources of the 200 nautical mile exclusive economic zone ('EEZ'). This thesis addresses this gap by asking the follow question: What is the nature and extent of coastal State jurisdiction over living resources in the EEZ under contemporary international law? The objective of this research is twofold: first, to reach a specific conclusion about the substantive, technical extent of coastal State jurisdiction over living resources in the EEZ under the relevant provisions of the LOSC; and second, to formulate a broader conclusion about the underlying nature of coastal State jurisdiction with respect to those resources, in a manner that is consistent with both the framework of the LOSC and the general rules of international law.

The thesis adopts an inductive approach, reviewing and analysing the practice of 145 coastal States by reference to the rules of international law, in order to articulate and justify a contemporary statement regarding the nature and extent of coastal State jurisdiction over the living resources of the EEZ. In order to ensure a comprehensive analysis, the thesis examines: - the type of 'fishing activities' and 'fishing vessels' that may be regulated by the coastal State on the basis of its sovereign rights over living resources; - the extent and expression of prescriptive jurisdiction that may be exercised by the coastal State with respect to foreign vessels fishing under licence in the EEZ; - the extent to which - and the manner in which - jurisdiction may be exercised by the coastal State over unlicensed foreign fishing vessels in transit through the EEZ; - the manner in which enforcement jurisdiction may be exercised by the coastal State over foreign fishing vessels within the EEZ; and - the circumstances under which - and the way in which - enforcement powers may be exercised by the coastal State over foreign fishing vessels beyond the EEZ following hot pursuit.

The underlying hypothesis of the thesis is that coastal States use a variety of tools and techniques to maximise the extent of their jurisdiction. This has been clearly borne out in this research, which demonstrates that States adopt approaches that 'thicken' their jurisdiction within the EEZ, 'project' their jurisdiction beyond the EEZ, expand the effect of their jurisdiction through cooperation, and enhance the application of their jurisdiction through the use of technology. More broadly, the wide range of law and practice examined in this thesis clearly shows that the nature of coastal State jurisdiction over living resources in the EEZ is flexible, but functional. It consists of a broad discretion, which is exercisable within functional limits that are determined on the basis of reasonableness and by reference to the balance of rights and interests in the EEZ.