Exclusive Economic Zone, or EEZ. In general, the EEZ represents a zone extending
200 nautical miles from a coastal baseline and grants exclusive economic control
to all mineral resources on and under the seabed of the continental shelf. The treaty
also enshrined the concept of “innocent passage,” allowing the ships of countries
to transit the territorial waters of other states as long as they do so without hostile
intent, or breaking laws governing pollution, smuggling, or engaging in other pro-
hibited activities.
The treaty produced by UNCLOS III was ratified in the early 1990s, but not all
states recognize its provisions. A few countries, many in the so-called “territorial-
ist group,” continue to claim territorial seas far in excess of the 12-mile limit,
although the number of states doing so has declined since the convention treaty
went into effect in 1994. Some countries have signed the treaty but have not offi-
cially ratified its provisions. Interestingly, the United States Senate has to date
(2009) failed to formally ratify the treaty, although the U.S. government is abiding
by most of the treaty’s requirements. U.S. objections have to do mostly with some
of the laws governing the exploitation of resources within the EEZs, and it is likely
that this issue will be resolved to the satisfaction of the U.S. government in the
near future. The UNCLOS III treaty even recognizes limited maritime rights for
landlocked states, including the right to innocent passage. Although some issues
regarding the Law of the Sea remain ill-defined, UNCLOS III has succeeded in
crafting a broad legal framework that should result in fewer conflicting claims over
territorial waters and the resources they may hold.204 Law of the Sea
Exclusive Economic Zone
TheLaw of the Seapromulgated in 1982 allows each state with a border on an ocean or sea
to claim an Exclusive Economic Zone. This region may extend outward from the coastal base-
line for up to 200 miles, and grants the controlling country exclusive rights to the economic
resources contained within the EEZ. This includes fish and other food sources, as well as min-
eral resources located on and under the seabed. Countries in possession of an EEZ are
expected to follow international conventions and law governing the preservation of marine
resources within the EEZ. Island nations of course are permitted to claim an EEZ, and much
of the world’s oceans now fall within the jurisdiction of either a mainland or island EEZ. In
regions where maritime states are located in close proximity, such as straits and passages,
then the line delineating jurisdiction must be bilaterally determined. In the case of some
supranational organizations, the EEZ is shared by all member states, as it is in the European
Union. Although no country has officially declared war over a conflict involving EEZ claims,
a number of conflicts have erupted since the concept was implemented, including a serious
dispute over the Spratly Islands in the South China Sea.