Part of the CIPL Monthly Talk series series
While the 1982 United Nations Convention on the Law of the Sea (‘LOSC’) clearly gives coastal States ‘sovereign rights’ to explore, exploit, conserve and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ), the nature and extent of these sovereign rights – and the way in which coastal States may employ them – is not well understood. In practice, coastal States have found creative ways to justify the exercise of a broad range of powers with respect to living resources, and to expand the geographic and substantive reach of this authority. However, since this ‘creeping jurisdiction’ has evolved through incremental practice, there has been no comprehensive analysis of this aspect of coastal State regulation, or its effect on the interpretation and application of the LOSC or customary international law.
In this presentation, based on her recently completed doctoral research, Camille Goodman will address this gap, analysing the exercise of coastal State powers over living resources in the context of the LOSC jurisdictional framework. The research adopts an inductive approach, reviewing and analysing the practice of 145 coastal States in order to articulate and justify a contemporary statement regarding the nature and extent of coastal State jurisdiction over living resources in the EEZ.