Safeguards Against Excessive Enforcement Measures in the Exclusive Economic Zone – Law and Practice

Research output: Working paper

Abstract

This paper addresses the issue of enforcement powers of coastal states within the exclusive economic zone (EEZ) and the situations in which those powers may be exercised against ships navigating in this zone. It reflects upon the nature of the powers conferred upon coastal states, as well as the safeguards that are imposed upon the exercise of those powers. In particular, the paper will consider how the law of the sea strikes a balance between the interest of coastal states in ensuring that rules and regulations in the EEZ are enforced and the interest of flag states in ensuring that there is no encroachment upon legitimate freedom of navigation. The paper will consider the relevant provisions of the 1982 United Nations Convention on the Law of the Sea, as well as how these provisions have been interpreted and applied in practice in the jurisprudence of the International Tribunal for the Law of the Sea.
Original languageEnglish
PublisherUniversity of Edinburgh, School of Law, Working Papers
Number of pages34
Publication statusPublished - 27 Jun 2014

Publication series

NameEdinburgh Law School Working Papers
No.2014/30
NameScottish Centre for International Law Working Paper Series
No.2

Keywords

  • United Nations Convention on the Law of the Sea
  • Coastal State Jurisdiction
  • Enforcement Jurisdiction
  • Detention
  • Arrest
  • Penalties
  • Exclusive Economic Zone
  • International Tribunal for the Law of the Sea
  • Safeguards
  • Flag State Notification
  • Prompt Release
  • Reasonable Bond

Fingerprint

Dive into the research topics of 'Safeguards Against Excessive Enforcement Measures in the Exclusive Economic Zone – Law and Practice'. Together they form a unique fingerprint.

Cite this