Abstract

Some activities in the exclusive economic zone (EEZ) are clearly subject to the jurisdiction of the coastal State; others clearly represent the exercise of high seas freedoms. Occasionally, it is not clear on which side of the line a particular activity falls. This chapter examines this interface between coastal state jurisdiction and high seas freedoms in the EEZ. It does so in the light of the Saiga case in which the International Tribunal for the Law of the Sea addressed the issue of bunkering. As well as bunkering, several other activities in the EEZ raise similar issues of where to draw the line between coastal State jurisdiction and high seas freedoms. Accordingly, the chapter discusses all the relevant cases, as well as the provisions in the LOS Convention and State practice. On this basis, it suggests how and where the lines should be drawn. Keywords:bunkering; coastal state jurisdiction; exclusive economic zone (EEZ); high seas freedoms; International Tribunal; LOS Convention; Saiga case

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