Revealing a mosaic: international jurisprudence concerning the non-fisheries elements of the exclusive economic zone regime
Robin Churchill
Abstract
Professor Emeritus Robin Churchill examines the existing mosaic of interpretations relating to the non-fisheries provisions of the United Nations Convention on the Law of the Sea (UNCLOS) concerning the exclusive economic zone (EEZ). He considers the approach of international courts and tribunals in relation to four main elements on which the adjudicators have made important clarifications: the rights of the coastal state; the rights of other states; mechanisms for resolving conflicts between the two sets of rights; and the formula in Article 59 of UNCLOS for resolving conflicts over unattributed rights. The chapter ends with a discussion of the methods and techniques of interpretation used by international courts and tribunals in applying the provisions of UNCLOS concerning the EEZ.