Concept of Delimitation of Exclusive Economic Zones
The concept of an exclusive economic zone was originally the result of abstention rights claims regarding fishing zones and the negotiation process leading up to the 1982 United Nations Convention On The Law Of The Sea. After The Truman Declaration, states stated different claims over marine areas have been found.The United Nations Convention on the Law of the Sea in 1982 established legal basis for these disputes concerning the exclusive economic zone and attempted to prevent these problem.
The EEZ is an area which is adjacent to and beyond the territorial sea. It can extend to a maximum of 200 nautical miles from the baseline. The EEZ does not include the territorial sea and also does not include the continental shelf beyond 200 nautical miles. The EEZ includes the contiguous zone. Within the EEZ, the country has rights over natural resources. The country has jurisdiction over some activities such as of environmental protection, among others. It also has to respect the rights of other countries in the EEZ such as the freedom of navigation. The difference between territorial sea and the EEZ is that the former confers full sovereignty over the waters, whereas the latter is merely a “sovereign right” which refers to the coastal nation’s rights below the surface of the sea.
An exclusive economic zone is the regime in which the coastal state has exclusive rights to the exploration, operation, conservation and management of living or non-living resources on the sea bed, under the sea bed and in the body of water, and even to obtain energy from water and wind in that area.It gives the possibility to have resources in the body of water, unlike the continental shelf.
The exclusive econonmic zone recognizes the following rights to countries. Unlike the continental shelf, it also allows to have resources in the body of water. Fishing authority belongs to the coastal state. Also; the rights to conduct scientific research belongs to the coastal state. The seabed provides the right to research and the usage of the seabed under ground. It provides management and protection of living and non-living natural resources.It grants sovereign rights in energy production, economic research and usage of them. It gives authority to that state in regard to environmental protection and regulation.
Although the concept of exclusive economic zone was based on fishing, as technology progressed, it was determined that the body of water and its living inanimate beings could have many separate uses. For this reason, the importance given to the body of water is increasing every day.With today’s technology, wind, current, etc. although the energy obtained from sources is not preferred because it does not seem profitable, the developing technology, the rapid depletion of resources is a harbinger of the increasing trend towards renewable energy, also called clean energy, in the advancing times. In this context, as much as the sea floor and subsoil obtained, the body of water is important.
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Situation in Eastern Mediterranean, Turkey and Public International Law
The countries of the Eastern Mediterranean region have recently faced a conflict of jurisdiction over oil and Natural Gas emerging in the region, as well as existing legal disputes. Several regional countries, led by the Greek Cypriot administration, have settled these problems with the EEZ treaties they have signed among themselves.
While these countries shared among themselves, they excluded Turkey, which is not a party to the United Nations Convention on the law of the Sea. They also ignored the Turkish Republic Of Northern Cyprus(TRNC), which was struggling with the problem of international recognition. The reaction of Turkey and the TRNC to these arrangements has been harsh and they have declared that they do not recognize the treaties. Since Turkey is not a party to the United Nations Convention on the Law of the Sea, and cannot be a party to any EEZ treaty in this context, the possibility of solving the resulting sea area problems within the framework of customary law and on the basis of the principle of fairness is suggested.
Despite these reactions from Turkey and the TRNC and various solution strategies, the EEZ treaties have been ratified and entered into force. Given the geopolitical importance of the region, it would be appropriate for Turkey to determine its policies according to this fact, as such strategic partnerships are likely to take place in the future.
Turkey has more problems in the Eastern Mediterranean with the Greek Cypriot Administration and Greece than other countries. Turkey has remained alone in international politics in these issues, so it entered into a treaty with Libya on 27 November 2019 regarding the Exclusive Economic Area. In my opinion, this treaty is more about economic interests in the region than about a willingness to be alone in international politics. Our country needs to change its policy in this region and get rid of loneliness. I think giving up wrong policies is not a weakness of authority but an indicator that everyone can make mistakes and learn from those mistakes and get to a better position sooner.
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Delimitation of EEZs According to Public International Law
The limitation of maritime jurisdiction is to determine where the maritime sovereignty rights and jurisdiction of the coastal state may be considered valid. This demarcation process is called delimitation when places where two states claim sovereignty are in conflict, or when there is a mutual limitation. The limitation of maritime jurisdiction emerges as a view of sovereignty. The main tool to achieve this is by the agreement.
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Bibliography:
- https://byjus.com/free-ias-prep/exclusive-economic-zone-eez/
- Fatma Betül TEKİN ‘Doğu Akdeniz’de Münhasır Ekonomik Bölge Uyuşmazlığı’, Yüksek Lisans Tezi, İstanbul, 2019
- Kuran, S. (2009).: “Uluslararası Deniz Hukuku”, 3. Baskı, İstanbul.
- http://www.marineregions.org/eezdetails.php?mrgid=5679&zone=eez
- Eren, Ö, “ Akdeniz’de Yeni Sınır Uyuşmazlıklarına Doğru: Balıkçılık Koruma Alanları”
Stratejik Araştırmalar Dergisi, Sayı 13, Mayıs 2009. - https://www.akademikparadigma.com/munhasir-ekonomik-bolge-ve-dogu-akdeniz-sorunu/
- Hüseyin Pazarcı, Uluslararası Hukuk, Turhan Kitabevi, 2011.
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