CHAPTER 5. Offshore Energy Exploration Activities and the Exclusive Economic Zone Regime: A Case Study of the Eastern Mediterranean Basin
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Editor
Patrick Chaumette
Description
Abstract: The concept of an exclusive economic zone (EEZ) has been described as a «peaceful revolution» in international law and as the most significant development in the Law of the Sea, since Grotius wrote his famous work, «Mare Liberum». With the establishment of the EEZ, the conflict between Grotius (mare liberum) and Selden (mare clausum) seems to have been won by the latter. Although this is true, and it expresses the victory of the extension of coastal jurisdiction to maritime areas at the expense of its free use and exploitation by all states, what is most important is that the rational and functional use of the sea by all its users should prevail, in conformity with the 1982 Law of the Sea Convention (LOSC) provisions. This stands true since the promotion of international co-operation to achieve a more rational exploitation of the wealth of the oceans is paramount for the global community. The establishment of the EEZ has resulted in a drastic reduction of the area covered by the high seas. Thus, around 95% of world fishing areas and more than 80% of the known underwater oil reserves have come under the exclusive control of coastal states. Interestingly enough, among the rights of coastal states within their EEZs is the issue of offshore energy activities, which has traditionally created tension between neighboring states regarding the delimitation of that zone. Consequently, a problematic relation between these energy exploration activities and the legal regime of the EEZ is identified; maritime delimitation issues between adjacent states can also negatively influence the use of certain maritime energy supply routes
Start Page
137
End Page
173
Publication Date
2019
Publisher
GOMILEX