Exclusive economic zone - Maritime Zones and Baselines
Understand how baselines define maritime zones, the resource rights of continental and extended shelves, and the rules for resolving EEZ overlaps.
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Quick Practice
What is the primary function of the maritime baseline?
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Summary
Maritime Zones: Understanding Coastal State Jurisdiction
Introduction
Coastal states have varying degrees of control and resource rights over the ocean and seabed adjacent to their shores. These maritime zones extend outward in concentric layers from the coastline, each with different legal rights and responsibilities. Understanding how to measure these zones and resolve disputes when they overlap is essential to international maritime law.
The Baseline: Foundation for All Maritime Measurements
Before any maritime zone can be established, we must first understand the baseline—the critical starting point from which all ocean zones are measured.
The baseline is the line on a coastal state's shore from which the breadth of all maritime zones are calculated. Think of it as the official "edge" of the land where state jurisdiction begins to extend seaward. For most coasts, the baseline is simply the low-water line along the coast. However, for states with islands or irregular coastlines, determining the baseline can be complex, as it must be drawn in a way that encompasses bays and islands that belong to the state.
The baseline is essential because every maritime zone discussed below—the territorial sea, the exclusive economic zone, and the continental shelf—all extend outward from this single point of reference.
The Territorial Sea and Exclusive Economic Zone
While not detailed in your outline, these zones form the immediate context for understanding the continental shelf and extended continental shelf. A coastal state's territorial sea extends 12 nautical miles from the baseline, where the state has full sovereignty. Beyond that, the exclusive economic zone (EEZ) extends 200 nautical miles from the baseline, where the state has special rights to explore and exploit natural resources but does not have full sovereignty.
The map above shows how exclusive economic zones extend from coastlines around the world, illustrating the scale of maritime jurisdiction.
The Continental Shelf: Extending Resource Rights into the Seabed
The continental shelf is the submerged land area that extends from the territorial sea to the outer edge of the continental margin—the natural geologic shelf surrounding a continent. Unlike the EEZ, which is measured purely by distance from the baseline (200 nautical miles), the continental shelf is defined by geology: it is the actual seabed and subsoil that slopes gradually outward from the coast.
Coastal states have special rights over the continental shelf to explore and exploit natural resources—particularly oil, natural gas, and minerals—found in the seabed and subsoil. These resource rights are granted regardless of whether the continental shelf extends beyond the EEZ boundary. The continental shelf can be considerably wider on some coasts than on others, depending on the underwater topography.
The Extended Continental Shelf: Claims Beyond 200 Nautical Miles
Some coastal states have continental shelves that extend significantly beyond the standard 200 nautical mile EEZ boundary. To address this, international law permits states to claim an extended continental shelf—resource rights over the seabed and subsoil extending up to 350 nautical miles from the baseline (in some cases, further under specific conditions).
This is a crucial distinction: the extended continental shelf is not part of the exclusive economic zone. Rather, it is an additional claim to seabed resources beyond the EEZ. A state can exercise resource extraction rights (drilling for oil and gas, mining minerals) on the extended continental shelf, but it does not gain sovereignty over the water column itself or other activities in that region.
For example, a state with a wide continental shelf might have:
Exclusive Economic Zone: 200 nautical miles from baseline
Extended Continental Shelf: from 200 to 350 nautical miles from baseline (for seabed resources only)
The map above shows an example from the South China Sea, where multiple states have overlapping claims to maritime zones and contested areas. Notice how the various zones claimed by different countries overlap in the same geographic area.
Handling Overlaps: Delimitation Rules
In many parts of the world, maritime zones of neighboring states overlap. When two coastal states' exclusive economic zones or continental shelves would extend into the same area, the question becomes: who has rights there?
International law provides a default rule: if exclusive economic zones overlap, the boundary defaults to the equidistant point—the line that is equidistant from both states' baselines—unless a bilateral treaty specifies a different boundary.
This equidistant principle is fair in theory because it gives neither state an advantage. However, in practice, many neighboring states negotiate bilateral treaties to establish boundaries that differ from the strict equidistant line. These treaties may account for geographic factors, historic claims, or negotiated compromises that both parties find acceptable.
The key point to remember: overlaps are resolved through either the equidistant default rule or through negotiated treaties between the states involved.
This map of the Caribbean shows how numerous neighboring states each claim their own maritime zones, creating a complex patchwork of overlapping jurisdictions that have been resolved through various bilateral agreements.
International Waters: Beyond All State Control
International waters are those ocean areas that lie beyond any state's exclusive economic zone. These waters belong to no single state and are governed by international law applicable to all nations. States have rights to navigate, fish, and conduct scientific research in international waters, but these rights are balanced against the rights of other states.
International waters are typically found in the deepest ocean basins, far from any continental shelf. They represent the "global commons" of the ocean—areas not subject to any state's control.
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Additional Context: Real-World Examples
Several regions illustrate the complexity of maritime zone delimitation:
The South China Sea (shown in img2) represents one of the most disputed maritime regions, where China, Vietnam, the Philippines, and other states have overlapping claims to both EEZs and continental shelves. These disputes involve both boundary delimitation and competition for resources.
The North Atlantic shows how some states (particularly those with wide continental shelves) have successfully claimed extended continental shelves and negotiated boundaries with neighbors through bilateral treaties.
The Arctic Ocean presents emerging challenges as climate change reveals new potential seabed resources, leading to competition among Arctic states over continental shelf claims.
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Summary
Maritime zones create a framework for distributing ocean resources and jurisdiction. The baseline is the foundation from which all distances are measured. The territorial sea (12 nautical miles) and EEZ (200 nautical miles) represent the primary zones of coastal state authority. The continental shelf extends to the edge of the continental margin for seabed resource rights. The extended continental shelf can push claims to 350 nautical miles for seabed resources alone.
When zones overlap, the equidistant line serves as the default boundary, though bilateral treaties often establish different arrangements. Everything beyond all states' EEZs is considered international waters, subject to the rights and responsibilities of all nations equally.
Flashcards
What is the primary function of the maritime baseline?
It is the starting line from which the breadths of various maritime zones (territorial sea, contiguous zone, EEZ, and continental shelf) are measured.
Which specific areas of the ocean comprise the continental shelf?
The seabed and subsoil extending beyond the territorial sea to the outer edge of the continental margin.
What is the maximum distance for which a state may claim resource rights over an extended continental shelf?
350 nautical miles ($648\text{ km}$) from the baseline.
How is the extended continental shelf legally categorized in relation to the Exclusive Economic Zone (EEZ)?
It is not considered part of the Exclusive Economic Zone.
By what boundary are international waters defined?
They are the waters located beyond any state's Exclusive Economic Zone (EEZ).
Quiz
Exclusive economic zone - Maritime Zones and Baselines Quiz Question 1: In maritime law, what does the term “baseline” refer to?
- The line from which the breadth of maritime zones is measured (correct)
- The deepest point of the continental shelf
- The outer limit of the exclusive economic zone
- The border between territorial waters and international waters
Exclusive economic zone - Maritime Zones and Baselines Quiz Question 2: What rights does a state obtain over the continental shelf?
- Resource rights up to 350 nautical miles from the baseline (correct)
- Full sovereignty over all waters within 200 nautical miles
- Control of airspace above the shelf up to 12 nautical miles
- Exclusivity over fishing in the entire EEZ
Exclusive economic zone - Maritime Zones and Baselines Quiz Question 3: What are waters called that lie beyond any state’s exclusive economic zone?
- International waters (correct)
- Territorial seas
- Contiguous zones
- Extended continental shelves
Exclusive economic zone - Maritime Zones and Baselines Quiz Question 4: What is the maximum distance from a coastal baseline at which a state may claim rights over the seabed of its extended continental shelf?
- Up to 350 nautical miles (correct)
- Up to 200 nautical miles
- Up to 100 nautical miles
- Up to 500 nautical miles
Exclusive economic zone - Maritime Zones and Baselines Quiz Question 5: Under what circumstance can the default rule that an overlapping EEZ point belongs to the nearest state be altered?
- When a bilateral treaty specifies a different boundary (correct)
- When the United Nations arbitrates the dispute
- When the overlapping area is declared international waters
- When the point defaults to the nearest state
In maritime law, what does the term “baseline” refer to?
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Key Concepts
Maritime Zones
Baseline (maritime)
Territorial sea
Contiguous zone
Exclusive economic zone (EEZ)
Continental shelf
Extended continental shelf
Maritime Governance
International waters
Maritime delimitation
Definitions
Baseline (maritime)
The reference line, usually the low-water mark along the coast, from which the breadth of a state’s maritime zones is measured.
Territorial sea
The belt of coastal waters extending up to 12 nautical miles from a baseline, over which a coastal state exercises full sovereignty.
Contiguous zone
The maritime area extending up to 24 nautical miles from a baseline where a state may enforce laws concerning customs, taxation, immigration, and pollution.
Exclusive economic zone (EEZ)
A sea zone extending up to 200 nautical miles from a baseline where a coastal state has exclusive rights to explore and exploit natural resources.
Continental shelf
The seabed and subsoil of the submarine prolongation of a land territory, extending beyond the territorial sea to the outer edge of the continental margin, granting resource rights up to 350 nautical miles.
Extended continental shelf
The portion of the continental shelf that a state may claim beyond 200 nautical miles, up to a maximum of 350 nautical miles from the baseline, for seabed resource exploitation.
International waters
Ocean areas beyond any state’s exclusive economic zone, where no single nation has jurisdiction and freedom of navigation applies.
Maritime delimitation
The process of establishing maritime boundaries between states, especially when overlapping zones such as EEZs occur, often resolved by treaty or international law.