Territorial waters, exclusive economic zones (EEZ) &

Continental shelf

A lot of discussion nowadays and especially in Greece is going on for the so called exclusive
economic zones. But when i discuss the matter with others i realize that there is a lot of
confusion going on around this rather simple matter, at least in theory. So, lets straighten things
out.
A)
First of all it has to be clarified what a continental shelf is. And it is something quite
simple. A continental shelf is the extension of land underwater. That is it. The continental shelf
is an underwater landmass which extends from a continent, resulting in an area of relatively
shallow water known as a shelf sea. Much of the shelves were exposed during glacial periods
and interglacial periods.
A continental self has an end though and it is easy to tell when a steep slope begins at that point
which leads to an abyss. Under the United Nations Convention on the Law of the Sea1, the
name continental shelf was given a legal definition as the stretch of the seabed adjacent to the
shores of a particular country to which it belongs.
The term "continental shelf" is used by geologists generally to mean that part of the continental
margin which is between the shoreline and the shelf break or, where there is no noticeable
slope, between the shoreline and the point where the depth of the superjacent water is
approximately between 100 and 200 meters2.
However, this term is used in article 76 as a juridical term3. So, legally what is and what can a
nation do with its continental self? The legal definition of a continental shelf differs significantly
from the geological definition. UNCLOS states that the shelf extends to the limit of the
continental margin4, but no more than 200 nautical miles from the baseline.
Article 77 s.(1) of the convention is straight forward:
1. The coastal State exercises over the continental shelf sovereign rights for the purpose of
exploring it and exploiting its natural resources.
Article 77 s.(3) though, answers to a classic mistake many do.

1 The United Nations Convention on the Law of the Sea convention was opened for signature
on 10 December 1982 and entered into force on 16 November 1994 upon deposition of the
60th instrument of ratification.[1] The convention has been ratified by 166 parties, which
includes 165 states (163 member states of the United Nations plus the Cook Islands and Niue)
and the European Union.
2 http://www.un.org/depts/los/clcs_new/continental_shelf_description.htm
3 http://www.un.org/depts/los/convention_agreements/texts/unclos/part6.htm
4 At the point that the slope begins.

3. The rights of the coastal State over the continental shelf do not depend on occupation,
effective or notional, or on any express proclamation.
So, it is important to understand that no proclamation is needed. And why is that? Because a
continental self either exists or not. It is meaningless for a nation to declare its cont. self.
In answering why a nation would care for its continental self is simple. Because it is
economically significant and potentially could vitally help a nation in many ways. This is
exactly why many nations have or thinking to declare an exclusive economic zone (EEZ).

B)
But, what is an exclusive economic zones (EEZ)? a state's EEZ extends to a distance of
200 nautical miles (370 km) out from its coastal baseline. It is important to understand this,
right now. EEZ doesnt start at the end of territorial waters (I will refer to them later). It starts
from the coastal baseline.
A state's exclusive economic zone starts at the landward edge of its territorial sea and extends
outward to a distance of 200 nautical miles (370.4 km) from the baseline. The exclusive
economic zone stretches much further into sea than the territorial waters, which end at 12 NM
(22 km) from the coastal baseline (if following the rules set out in the UN Convention on the
Law of the Sea).
A state that recently has declared its economic zone is Cyprus5. The Exclusive Economic Zone
of Cyprus covers more than 70,000km2 and is divided between 13 exploration blocks. The
process of the establishment of Cyprus, Israel and Lebanon Exclusive Economic Zones was
held in Nicosia in 2010 with separate meetings between each country.

http://www.un.org/depts/los/LEGISLATIONANDTREATIES/STATEFILES/CYP.htm

Finally, it was not until 1982 with the UN Convention on the Law of the Sea that the 200 nautical
mile exclusive economic zone was formally adopted as:
Part V, Article 55 of the Convention states:
Specific legal regime of the exclusive economic zone: The exclusive economic zone is an area
beyond and adjacent to the territorial sea, subject to the specific legal regime established in this
Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms
of other States are governed by the relevant provisions of this Convention.

C)
Territorial waters: Territorial waters, or a territorial sea, as defined by the 1982 United
Nations Convention on the Law of the Sea, is a belt of coastal waters extending at most 12
nautical miles (22.2 km; 13.8 mi) from the baseline (usually the mean low-water mark) of a
coastal state. The territorial sea is regarded as the sovereign territory of the state, although
foreign ships (both military and civilian) are allowed innocent passage through it; this
sovereignty also extends to the airspace over and seabed below. Adjustment of these
boundaries is called, in international law, maritime delimitation.
Something that we must always have in mind is that the main and most important difference
between the territorial sea and the exclusive economic zone is that the first confers full
sovereignty over the waters, whereas the second is merely a "sovereign right" which refers to
the coastal state's rights below the surface of the sea. The surface waters, as can be seen in the
map, are international waters.

D)
Baseline: Normally, the baseline from which the territorial sea is measured is the lowwater line along the coast as marked on large-scale charts officially recognized by the coastal
state. This is either the low-water mark closest to the shore, or alternatively it may be an
unlimited distance from permanently exposed land, provided that some portion of elevations
exposed at low tide but covered at high tide (like mud flats) is within 12 nautical miles (22 km;
14 mi) of permanently exposed land. Straight baselines can alternatively be defined connecting
fringing islands along a coast, across the mouths of rivers, or with certain restrictions across
the mouths of bays. In this case, a bay is defined as "a well-marked indentation whose
penetration is in such proportion to the width of its mouth as to contain land-locked waters
and constitute more than a mere curvature of the coast. An indentation shall not, however, be
regarded as a bay unless its area is as large as, or larger than, that of the semi-circle whose
diameter is a line drawn across the mouth of that indentation". The baseline across the bay must
also be no more than 24 nautical miles (44 km; 28 mi) in length.
Summarizing, there are a few things that we have to keep always in mind:
1)
Baseline is the closest line from shore that we start counting. From this baseline
territorial waters start, but also EEZ starts. So it is important to clarify that EEZ doesnt start
and we dont count 200 naut. Miles from the end of territorial waters. EEZ and territorial waters
start from the same base line.
2)
A continental self is something real if it exists. Its existence can be proven with
geological facts. On the contrary, EEZ is a legal definition that allows a sovereign nation to take
advantage of it (the legal term), declare (on its own) an EEZ and then exploit the natural
resources which are below the continental self and in the legal boundaries of an EEZ.
3)
The main difference between the territorial sea and the exclusive economic zone is that
the first confers full sovereignty over the waters, whereas the second is merely a "sovereign
right".
4)
A baseline is a natural way to figure out from where we can start counting. A
continental self is an underwater real landmass. If it exists, none can doubt it. If it doesnt none
can pretend that it exists. On the contrary another nation can doubt an EEZ declared by a nation

and commence court proceedings in the ICJ6 . Take a look at the most recent decision of this
court over an EEZ dispute (no 2014/27, 28/08/2014). A nation that has declared an EEZ can only
exploit the resources below the continental self. It cannot impose its sovereignty on the surface
of the sea, or below it.
In conclusion all the above, are different and independent meanings that in some point are
combined. Hope that the above will help you understand them.

http://www.icj-cij.org