Continental Shelf and Exclusive Economic Zone Under...

Understanding Maritime Zones

Under international law, coastal states enjoy different types of rights over various maritime zones extending from their coastlines. Two critical zones for natural resource exploitation are the Continental Shelf and the Exclusive Economic Zone (EEZ).

These concepts, codified in the United Nations Convention on the Law of the Sea (UNCLOS), are central to many contemporary maritime disputes, including those in the Aegean Sea and Eastern Mediterranean.

The Continental Shelf

Definition

The continental shelf refers to the seabed and subsoil of the submarine areas extending beyond a state’s territorial sea:

• To the outer edge of the continental margin, or
• To 200 nautical miles from the baseline, whichever is greater

In no case may the outer limit exceed 350 nautical miles from the baseline or 100 nautical miles from the 2,500-meter isobath.

Legal Character

The continental shelf exists ipso facto and ab initio—it does not require proclamation or occupation. A coastal state has continental shelf rights simply by virtue of having a coastline.

Sovereign Rights

Over the continental shelf, the coastal state exercises sovereign rights (not full sovereignty) for the purpose of:

• Exploring and exploiting natural resources
• Controlling drilling on the seabed
• Regulating installations and structures

Resources Covered

Continental shelf resources include:

• Mineral resources: Oil, gas, polymetallic nodules
• Sedentary species: Organisms attached to or in the seabed (e.g., shellfish, coral)
• Non-living resources: Sand, gravel, minerals

Rights of Other States

Other states retain:

• Freedom of navigation over the continental shelf
• Right to lay submarine cables and pipelines
• Marine scientific research (with coastal state consent)

The Exclusive Economic Zone (EEZ)

Definition

The EEZ is a zone extending up to 200 nautical miles from the baseline. Unlike the continental shelf, the EEZ must be explicitly claimed by the coastal state.

Scope of Rights

The EEZ includes both the water column and the seabed/subsoil. The coastal state has:

Sovereign Rights over:

• Exploration, exploitation, conservation, and management of all natural resources (living and non-living)
• Production of energy from water, currents, and wind

Jurisdiction over:

• Artificial islands and installations
• Marine scientific research
• Protection and preservation of the marine environment

Living Resources

A key difference from the continental shelf: the EEZ includes rights over living resources (fish stocks), giving coastal states:

• Exclusive fishing rights
• Duty to promote optimal utilization
• Conservation responsibilities

High Seas Freedoms Preserved

Within the EEZ, other states retain high seas freedoms of:

• Navigation
• Overflight
• Laying submarine cables and pipelines

Key Differences

Aspect	Continental Shelf	EEZ
Existence	Ipso facto (automatic)	Requires proclamation
Maximum extent	200nm or continental margin	200nm only
Resources	Seabed resources only	Water column + seabed
Living resources	Sedentary species only	All marine living resources
Environmental authority	Limited	Comprehensive

Delimitation Between States

When continental shelves or EEZs of adjacent or opposite states overlap, boundaries must be determined by agreement, applying equitable principles.

UNCLOS Framework

• Article 74 (EEZ) and Article 83 (Continental Shelf) require delimitation by agreement on the basis of international law to achieve an equitable solution
• Pending agreement, states should make provisional arrangements and not jeopardize final agreement

Delimitation Factors

Courts and tribunals consider:

• Equidistance/median line: Starting point in many cases
• Relevant coasts: Length and configuration
• Islands: Effect on delimitation
• Geological factors: Particularly for extended continental shelf
• Proportionality: Relationship between coast lengths and allocated areas

ICJ and Arbitral Practice

Significant cases include:

• North Sea Continental Shelf (1969): Equitable principles established
• Libya/Malta (1985): Distance, not geology, for 200nm zone
• Black Sea Case (2009): Romania v. Ukraine delimitation near Turkey
• Bangladesh v. Myanmar (2012): Island effect on delimitation

Turkey’s Maritime Positions

Non-Ratification of UNCLOS

Turkey has not ratified UNCLOS, citing concerns over:

• The exclusive role of islands in generating maritime zones
• Application to semi-enclosed seas like the Aegean
• Non-recognition of Turkey’s continental shelf claims

Aegean Sea

In the Aegean, Turkey maintains that:

• Greek islands close to Turkey’s coast should have limited effect on delimitation
• Special circumstances require equitable solutions, not strict equidistance
• Turkey’s continental shelf extends beyond median lines drawn with islands

Turkey applies a 6 nautical mile territorial sea in the Aegean, while Greece claims 6nm but reserves the right to extend to 12nm (which Turkey has stated would be a casus belli).

Eastern Mediterranean

The Eastern Mediterranean EEZ disputes involve Turkey, Greece, Cyprus, Egypt, Libya, and Israel:

• Turkey signed a maritime delimitation agreement with Libya (2019), asserting an EEZ corridor
• Turkey contests the Cyprus-Egypt and Cyprus-Israel agreements
• Hydrocarbon exploration activities have generated significant tensions

Blue Homeland (Mavi Vatan)

Turkish maritime doctrine emphasizes:

• Full assertion of continental shelf and EEZ rights
• Protection of Turkish Cypriots’ rights to Eastern Mediterranean resources
• Equitable delimitation rather than island-based median lines

Practical Implications

Resource Exploration

Continental shelf and EEZ rights govern:

• Oil and gas exploration licenses
• Fishing rights and quotas
• Renewable energy installations (offshore wind)

Enforcement

Coastal states may enforce their laws within the EEZ and continental shelf, including:

• Inspection of vessels
• Seizure of equipment used in illegal exploitation
• Prosecution of violators

Dispute Resolution

Maritime boundary disputes may be resolved through:

• Bilateral negotiation
• Arbitration or ICJ adjudication
• UN Commission on the Limits of the Continental Shelf (for extended shelf claims)

Legal Assistance: We provide guidance on maritime law matters, including boundary disputes, resource rights, and related international legal issues. Contact us for maritime and international law expertise.

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