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Study Guide

📖 Core Concepts Exclusive Economic Zone (EEZ) – Sea area where a coastal state has exclusive rights to explore and use marine resources (including seabed minerals, fisheries, and renewable energy). Baseline – The reference line (usually the low‑water line) from which the breadth of the territorial sea, EEZ, and continental shelf are measured. Territorial Sea vs. EEZ – Territorial sea (≤ 12 nm) gives a state full sovereignty over the water column; EEZ (12 nm – 200 nm) gives sovereign rights only to resources below the surface, while the water column remains international. Continental Shelf – The seabed/subsoil extending up to 350 nm from the baseline; states have resource rights here but it is separate from the EEZ. Overlap & Delimitation – When baselines are < 400 nm apart, EEZs overlap; the boundary is set by agreement, often using the nearest‑state principle. Transboundary & Straddling Fish Stocks – Transboundary: fish occurring in the EEZs of ≥ 2 states. Straddling: fish that occur both inside an EEZ and on the high seas; a stock can be both. 📌 Must Remember EEZ extends 12 nm → 200 nm (≈ 370 km) from the baseline. Sovereign rights in EEZ: seabed, subsoil, living resources; surface waters stay international. Continental shelf rights go out to 350 nm (≈ 648 km), not part of EEZ. Overlap rule: < 400 nm separation → delimitation by agreement (nearest‑state principle unless a treaty says otherwise). UNCLOS (1982) is the governing treaty; Part V handles dispute settlement. Key cases: Eritrea‑Yemen Arbitration (2001) – set precedent for equitable maritime boundaries. 🔄 Key Processes Measuring an EEZ Start at the baseline. Measure outward 12 nm for the territorial sea. Continue to 200 nm for the EEZ limit. Delimiting Overlapping EEZs Check distance between baselines. If < 400 nm, negotiate: apply nearest‑state principle or a bilateral treaty. Extending the Continental Shelf (Article 75(2) UNCLOS) Gather scientific data on the seabed. Submit geographic coordinates to the Commission on the Limits of the Continental Shelf. Managing Transboundary/Straddling Stocks Identify stock range (EEZs of involved states + high seas). Negotiate regional fisheries management agreements (e.g., through FAO). 🔍 Key Comparisons Territorial Sea vs. EEZ Sovereignty: Full vs. resource‑only. Depth: Applies to water column vs. seabed/subsoil. EEZ vs. Continental Shelf Maximum breadth: 200 nm vs. 350 nm. Legal status: EEZ includes water column rights; continental shelf is seabed only. Transboundary vs. Straddling Fish Stocks Location: Both in multiple EEZs vs. EEZ + high seas. Management: Bilateral/multilateral EEZ agreements vs. FAO/Regional agreements covering high seas. ⚠️ Common Misunderstandings “EEZ equals full sovereignty” – Only resource rights; the water column stays international. “Continental shelf is part of the EEZ” – It is a separate zone extending farther (up to 350 nm). “All overlap is resolved by median line” – Not always; treaties or the nearest‑state principle may apply. “Straddling stocks are only a high‑seas issue” – They also involve EEZ portions and require joint management. 🧠 Mental Models / Intuition “Rings of control” – Imagine concentric circles: 12 nm (full sovereignty), 12–200 nm (resource ring), 200–350 nm (seabed‑only ring). “Nearest‑state = closest‑home” – When two circles overlap, the point that is closest to each coast tends to belong to that state unless a treaty says otherwise. “Fish stock as a shared garden” – Transboundary/straddling stocks are like a garden that spans two backyards; neighbors must agree on harvest rules. 🚩 Exceptions & Edge Cases Extended continental shelf claims can push rights beyond 350 nm if scientifically justified (e.g., Arctic claims like Norway). Disputed baselines (e.g., islands) can shift EEZ limits dramatically. Historic rights may grant a state greater-than‑usual EEZ portions (rare, but recognized by UNCLOS). 📍 When to Use Which Determine maritime limit → Use baseline + 200 nm rule for EEZ; +350 nm for continental shelf. Resolve overlap → First check distance < 400 nm; apply nearest‑state principle unless a bilateral treaty exists. Assess fish‑stock management → If stock occurs only in EEZs → bilateral/multilateral EEZ agreements; if it also occurs on the high seas → involve FAO/Regional Fisheries Management Organizations. File a continental shelf extension → Follow UNCLOS Art. 75(2) submission process. 👀 Patterns to Recognize Distance‑based triggers: 12 nm, 200 nm, 350 nm, 400 nm → instantly signal which rule applies. “EEZ + high seas” wording → indicates a straddling stock. Reference to “nearest‑state principle” → likely an overlap‑delimitation scenario. Mentions of “UNCLOS Part V” → points to dispute‑settlement mechanisms. 🗂️ Exam Traps Trap: “EEZ grants full control of the water column.” → Wrong; only resource rights. Trap: “Continental shelf is limited to 200 nm.” → Incorrect; it can extend to 350 nm (or further with a scientific claim). Trap: “All overlapping EEZs are split 50/50.” → Not true; nearest‑state principle or treaty dictates the split. Trap: “Straddling stocks are managed only by the EEZ states.” → Misses the high‑seas component and the role of regional bodies. Trap: “If baselines are 410 nm apart, there is no overlap.” → True, but students may mistakenly think any distance > 400 nm automatically avoids disputes; other factors (e.g., islands) can still cause complexity.
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