SOVEREIGN RIGHTS, JURISDICTIONAL OBLIGATIONS AND OTHER RIGHTS IN EXCLUSIVE ECONOMIC ZONE

Risti Dwi Ramasari,Aprinisa Aprinisa,Okta Ainita

doi:10.36448/plr.v2i02.31

Risti Dwi Ramasari, Aprinisa Aprinisa + Show 1 more

Open Access

https://doi.org/10.36448/plr.v2i02.31

Copy DOI

Abstract

The international community has succeeded in compiling a law of the sea to regulate all forms of use of the sea as well as the benefits of the natural resources contained therein as outlined in the form of an agreement between States as known as United Nations Convention on the Law of the Sea 1982. The sea is divided into several parts / zones, namely the territorial sea, internal waters, contiguous zones, archipelagic waters, the exclusive economic zone and the high seas. 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. In the exclusive economic zone, coastal countries have sovereign rights for exploration and exploitation purposes, conservation and management of natural resources, both living and non-living, from the waters above the seabed and from the seabed and the land below and with respect to other activities for the purposes of exploration and economic exploitation of the zone, such as energy production from water, currents and wind; jurisdiction as defined in the relevant provisions of this Convention with respect to the creation and use of artificial islands, installations and structures, marine scientific research and the protection and preservation of the marine environment. Other rights and obligations as defined in this Convention Key words: Exclusive Economic Zone, Sovereign Rights, Jurisdictional Obligations

Highlights

Since the end of World War II, the law of the sea, which is a branch of international law, has undergone profound changes
The international community has succeeded in compiling a law of the sea to regulate all forms of use of the sea as well as the benefits of the natural resources contained therein as outlined in the form of an agreement between States as known as United Nations Convention on the Law of the Sea 1982.1 Applicability of United Nations Convention on the Law of the Sea 1982 in Indonesia with the enactment of Law No 17 of 1985 on Validation of United Nations Convention on the Law of the Sea 1982 on December 31st 1985, Indonesia claims to be bound by the provisions of the convention
Exclusive Economic Zone regulated in United Nations Convention on the Law of the Sea on the Part V, Article 55 “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”

Summary

INTRODUCTION

Background Since the end of World War II, the law of the sea, which is a branch of international law, has undergone profound changes. Until the end of World War II, international maritime law was based on the division between the territorial sea which was under the sovereignty of a State, and the high seas with all its validity, still occurs in the absence of a change. This division has made legal provisions regarding the territorial sea, peaceful passage, real-time pursuit and criminal and civilian jurisdiction of the coastal State against ships that are in its territorial sea.. On March 21, 1980, Indonesia announced the boundaries of the Exclusive Economic Zone, which is a 200-mile wide Indonesian sea area measured from the baseline of the Indonesian territory. How to determine the outer boundary and width of the Exclusive Economic Zone?

DISCUSSION

CONCLUSION