The Underwater Cultural Heritage
FAQs
s. What do the terms Territorial Sea, Exclusive Economic Zone, Continental Shelf and Area mean?
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The 2001 Convention does not define the terms Territorial Sea, Exclusive Economic Zone and Continental Shelf, which it however uses (it does define “Area” to mean the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction).
The different maritime zones and the sovereignty rights applying in them have been defined by international law, in particular by the United Nations Convention on the Law of the Sea (UNCLOS).
According to UNCLOS, and in abbreviated form:
- Territorial Sea refers to the waters up to 12 nautical miles from the Baseline.
- Exclusive Economic Zone (EEZ) refers to the Area adjacent and beyond the Territorial Sea and up to 200 nautical miles.
- Continental Shelf refers to the sea up to the fall of the continental shelf into the deep sea or at least up to the end of the EEZ.
- Area refers to the seabed and ocean floor beyond the limits of national jurisdiction.
This does not mean that the definitions and regulations of sovereignty rights of UNCLOS apply to a State that joins the 2001 Convention – both treaties are independent of each other. They apply only to the States that are party to UNCLOS; for other States other international law applies. The 2001 Convention respects the existing regulations on these issues as given and does not change them. It even expressly stipulates in its Article 3: Nothing in this Convention shall prejudice the rights, jurisdiction and duties of States under international law, including the United Nations Convention on the Law of the Sea. This Convention shall be interpreted and applied in the context of and in a manner consistent with international law, including the United Nations Convention on the Law of the Sea.
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