Die Schifffahrtsfreiheit in der maritimen Raumplanung der Ausschließlichen Wirtschaftszone

2020 ◽  
Author(s):  
Sebastian tho Pesch

Offshore wind farms compete against other uses of the sea for space. Maritime spatial planning ought to resolve such conflicts. What role does the law of the sea play? In the exclusive economic zone, the rights of the coastal state and the rights of other states are of equal importance. How can a coastal state, that is applying maritime spatial planning, respect the rights of other states to comply with the requirements of the law of the sea? This study elaborates on the roots of today´s problems and develops solutions.

2015 ◽  
Vol 30 (3) ◽  
pp. 512-532
Author(s):  
Sebastian tho Pesch

As human activities in the oceans increase, so does the number of maritime installations. To avoid collisions, installations are surrounded by safety zones, where the coastal State enjoys some jurisdiction. Safety zones have to be respected by all ships. However, technical advancements and economic feasibility have made it possible for installations and their surrounding safety zones to occupy large areas of sea; see, e.g., offshore wind farms, which were previously open to the international community. This article argues for a restrictive understanding of the coastal State’s jurisdiction, based on the purpose of the safety zone regime.


2009 ◽  
Vol 69 (1) ◽  
pp. 93-103 ◽  
Author(s):  
Maarten J. Punt ◽  
Rolf A. Groeneveld ◽  
Ekko C. van Ierland ◽  
Jan H. Stel

Marine Policy ◽  
2015 ◽  
Vol 55 ◽  
pp. 102-115 ◽  
Author(s):  
Antje Gimpel ◽  
Vanessa Stelzenmüller ◽  
Britta Grote ◽  
Bela H. Buck ◽  
Jens Floeter ◽  
...  

2018 ◽  
Vol 33 (1) ◽  
pp. 79-115 ◽  
Author(s):  
Xuexia Liao

Abstract If a coastal State claims a continental shelf beyond 200 nautical miles (nm) that intrudes into the 200-nm limit of another State, the problem arises as to whether there is a hierarchical relationship between natural prolongation and distance, the two criteria of entitlement to the continental shelf provided by Article 76 of the un Convention on the Law of the Sea. A positive answer would mean that the continental shelf beyond 200 nm cannot encroach upon the 200-nm limit, otherwise there would be an area of overlapping entitlements which calls for maritime delimitation. This article attempts to analyse this problem from the perspectives of Article 76, relevant judicial cases, State practice, and the relationship between the regimes of the continental shelf and the Exclusive Economic Zone. It is submitted that the law is not conclusive, though a majority of coastal States tend to adopt a self-constraint approach. In addition, this problem brings further challenges to the law of maritime delimitation.


2014 ◽  
Vol 53 (6) ◽  
pp. 1161-1226
Author(s):  
Vincent Cogliati-Bantz

On April 14, 2014, the International Tribunal for the Law of the Sea (the Tribunal) rendered its Judgment in the case of the M/V Virginia G.. The judgment notably clarifies the scope of the sovereign rights of a coastal state with respect to living resources in its exclusive economic zone (EEZ).


2009 ◽  
Vol 24 (1) ◽  
pp. 141-161 ◽  
Author(s):  
Torbjørn Pedersen ◽  
Tore Henriksen

AbstractThis paper argues that Norway, by fixing the extension of the continental shelf around the Svalbard archipelago according to criteria set by the Law of the Sea Convention, may see an end to some of the legal controversies regarding the maritime zones around Svalbard. The process of determining the outer limits of the continental shelf area adjacent to Svalbard is adduced as supporting the view that Norway is entitled to establish maritime zones around the archipelago, including an exclusive economic zone. It does not settle whether the provisions of the Svalbard Treaty apply to such zones, but is adduced as supporting the view that Norway may exercise coastal state jurisdiction in these areas.


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