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[GreekIslandGirl]

article 87 is a part of Part VII and does not apply to EEZ

PART VII

HIGH SEAS


SECTION 1. GENERAL PROVISIONS


Article86

Application of the provisions of this Part

The provisions of this Part apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. This article does not entail any abridgement of the freedoms enjoyed by all States in the exclusive economic zone in accordance with article 58.


Article87

Freedom of the high seas

1. The high seas are open to all States, whether coastal or land-locked. Freedom of the high seas is exercised under the conditions laid down by this Convention and by other rules of international law. It comprises, inter alia, both for coastal and land-locked States:

The quote I provided about the EEZ was from Article 86; I migrated there from bill cobbett's (erroneous) reference to 87 which is why I suggested to him to go and look at what he was referring to. Nevertheless, the restrictions are mentioned in various subsections where they try to delineate how much anyone can get away with. A few countries have imposed their own restrictions above the legal baseline ones.

So, for example, the high seas freedom of fishing, the
freedom to construct artificial islands and other installations and the freedom to conduct
MSR, are all subject to coastal state control in the EEZ.

[Paphitis]

Article58

Rights and duties of other States in the exclusive economic zone

1. In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.

2. Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part.

3. In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part.

Basically, EEZ are International Waters (High Seas).

As in Section V above:

Article87

Freedom of the high seas

1. The high seas are open to all States, whether coastal or land-locked. Freedom of the high seas is exercised under the conditions laid down by this Convention and by other rules of international law. It comprises, inter alia, both for coastal and land-locked States:

(a) freedom of navigation;

(b) freedom of overflight;

(c) freedom to lay submarine cables and pipelines, subject to Part VI;

(d) freedom to construct artificial islands and other installations permitted under international law, subject to Part VI;

(e) freedom of fishing, subject to the conditions laid down in section 2;

(f) freedom of scientific research, subject to Parts VI and XIII.

2. These freedoms shall be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas, and also with due regard for the rights under this Convention with respect to activities in the Area.

Pretty clear stuff!!

http://www.un.org/depts/los/convention_ ... /part7.htm

and

http://www.un.org/depts/los/convention_ ... /part5.htm

[GreekIslandGirl]

High Seas

The high seas are comprised of all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State.

[supporttheunderdog]

the coastal state has limited soverein rights

PART V

EXCLUSIVE ECONOMIC ZONE



Article55

Specific legal regime of the exclusive economic zone

The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention.


Article56

Rights, jurisdiction and duties of the coastal State in the exclusive economic zone

1. In the exclusive economic zone, the coastal State has:

(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;

(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to:

(i) the establishment and use of artificial islands, installations and structures;

(ii) marine scientific research;

(iii) the protection and preservation of the marine environment;

(c) other rights and duties provided for in this Convention.

2. In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention.

3. The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI.


Article57

Breadth of the exclusive economic zone

The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.


Article58

Rights and duties of other States in the exclusive economic zone

1. In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.

2. Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part.

3. In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part.


Article59

Basis for the resolution of conflicts

regarding the attribution of rights and jurisdiction

in the exclusive economic zone

In cases where this Convention does not attribute rights or jurisdiction to the coastal State or to other States within the exclusive economic zone, and a conflict arises between the interests of the coastal State and any other State or States, the conflict should be resolved on the basis of equity and in the light of all the relevant circumstances, taking into account the respective importance of the interests involved to the parties as well as to the international community as a whole.


Article60

Artificial islands, installations and structures

in the exclusive economic zone

1. In the exclusive economic zone, the coastal State shall have the exclusive right to construct and to authorize and regulate the construction, operation and use of:

(a) artificial islands;

(b) installations and structures for the purposes provided for in article 56 and other economic purposes;

(c) installations and structures which may interfere with the exercise of the rights of the coastal State in the zone.

2. The coastal State shall have exclusive jurisdiction over such artificial islands, installations and structures, including jurisdiction with regard to customs, fiscal, health, safety and immigration laws and regulations.

3. Due notice must be given of the construction of such artificial islands, installations or structures, and permanent means for giving warning of their presence must be maintained. Any installations or structures which are abandoned or disused shall be removed to ensure safety of navigation, taking into account any generally accepted international standards established in this regard by the competent international organization. Such removal shall also have due regard to fishing, the protection of the marine environment and the rights and duties of other States. Appropriate publicity shall be given to the depth, position and dimensions of any installations or structures not entirely removed.

4. The coastal State may, where necessary, establish reasonable safety zones around such artificial islands, installations and structures in which it may take appropriate measures to ensure the safety both of navigation and of the artificial islands, installations and structures.

5. The breadth of the safety zones shall be determined by the coastal State, taking into account applicable international standards. Such zones shall be designed to ensure that they are reasonably related to the nature and function of the artificial islands, installations or structures, and shall not exceed a distance of 500 metres around them, measured from each point of their outer edge, except as authorized by generally accepted international standards or as recommended by the competent international organization. Due notice shall be given of the extent of safety zones.

6. All ships must respect these safety zones and shall comply with generally accepted international standards regarding navigation in the vicinity of artificial islands, installations, structures and safety zones.

7. Artificial islands, installations and structures and the safety zones around them may not be established where interference may be caused to the use of recognized sea lanes essential to international navigation.

8. Artificial islands, installations and structures do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.

Under unclos submarine pipelines and cables are not artificial islands, installations or structures.

[supporttheunderdog]

if you read UNCLOS the high seas in art VII do not include but exclude waters defined as EEZ under part V.

Under Art 58 in part V other countries can lay pipelines and cables through someone else's EEZ

[Paphitis]

High Seas

The high seas are comprised of all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State.

Quite right!

But, no country has sovereign right over their EEZ!

You can effectively have Turkish Naval Ships 12nms south of Paphos and there is nothing Cyprus can do about it.

[supporttheunderdog]

Part VII section 1 article 86 which is what both gig and I have posted

[supporttheunderdog]

High Seas

The high seas are comprised of all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State.

Quite right!

But, no country has sovereign right over their EEZ!

Article89

Invalidity of claims of sovereignty over the high seas

No State may validly purport to subject any part of the high seas to its sovereignty.

correct that no country has sovereignty over the high seas but under Part VII section 1 article 86 EEZ are not high seas and vice versa, High seas lie outside of EEZ.

[Paphitis]

Just to clear things up!

— the EEZ is an area beyond and adjacent to the territorial sea: it can extend to a maximum 200 nautical miles from the baselines.

— within the EEZ, a coastal State enjoys sovereign rights over its natural resources. It can exercise its jurisdiction over certain activities for the purpose, among others, of protecting the environment. But it is also obliged to respect the rights of other States (thanks to the maintenance of certain freedoms laid down by the law of the high seas, such as freedom of navigation).

In the Mediterranean, the greatest distance between opposite States is no more than 400 nautical miles. But apart from this detail regarding breadth, all the characteristics of the EEZ can be applied to it.

More importantly:

The EEZ and sovereign rights

The coastal State exercises its sovereign rights over the natural resources (living or non-living) in waters superjacent to the seabed and its subsoil. These sovereign rights pertain to exploration, exploitation, conservation and management of these resources.

"Sovereign rights" means rights which are exclusively exercised by the coastal State. It is the only one that can exploit them: no other State may pursue any exploitation without its authorization or as per the terms it may have defined. The coastal State can go as far as deciding not to exploit, or prohibiting the exploitation of, the natural resources of its EEZ.

Sovereign rights are equivalent to sovereignty within a specific field - here, the management of resources -, therefore, a maritime area, as such, escapes the overall sovereignty of the coastal State, which only disposes of the sovereign right to appropriate its natural resources (cf. Jurisdictionalisation).

The economic finality of the EEZ is self-evident, as the coastal State's sovereign rights extend to exploration and exploitation activities for economic purposes. The few examples (production of energy from water, currents and winds) given in the Convention [3] do not cover the entire list of activities placed under the regime of sovereign rights, no more than they indicate that such activities are limited to the field of marine energy.

With regards to building pipelines:

The EEZ and jurisdiction

Two aspects are to be considered with regard to the notion of jurisdiction: firstly, the nature of the powers involved and, secondly, the causes behind the process of jurisdictionalisation. The coastal State's jurisdiction over the EEZ is its empowerment to control activities which make use of the marine environment and which can only be developed in accordance with the conditions it has laid down. However, jurisdiction extends sovereign rights without being merged with them. It can only be exercised on condition that an EEZ has been previously created under the coastal State's national law. This condition regarding creation is absolutely essential; without it, the coastal State does not have an EEZ (whereas it will always have a continental shelf [4]).

Three activities are placed under the State's jurisdiction within the EEZ [5]:

— the creation and use of artificial islands, installations and structures;

— marine scientific research;

— the protection and preservation of the marine environment.

It is indeed within the framework of the EEZ that one can assess the extent of the obligation for cooperation between States with regard to protection and preservation of the marine environment [6] and research [7].

So any state can build a pipeline provided they do not adversely impact on the environment.

We must presume that the State responsible for the EEZ must actually prove this within the International Courts.

Also confirmed here:

The EEZ and the rights of other States

The Convention itself states that the EEZ is subject to a specific legal regime [8]. It is not an inherited marine area like the territorial sea, but effectively an ambivalent area in which other States benefit from certain freedoms applicable to the high sea [9] (freedom of navigation and overflight, freedom to lay submarine cables and pipelines) [10]. The EEZ regime is not "chemically" pure: it goes back and forth and makes explicit reference to the rules of the high sea [11], which also prevail on each occasion when they do not come up against the coastal State's recognized sovereign rights and jurisdiction.

http://iucn.org/about/union/secretariat ... ary/?11323

[supporttheunderdog]

High Seas

The high seas are comprised of all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State.

Quite right!

But, no country has sovereign right over their EEZ!

You can effectively have Turkish Naval Ships 12nms south of Paphos and there is nothing Cyprus can do about it.

the tur*ish warships can only be there if on an innocent passage that is to say going from place A to place B which does not include harassment of other vessels in the area who may by licence of the government of the ROC be looking for oil or gas... unfortunately we have nothing to deal with Tur*ish ships even if not on innocent passage but being naughty like the Piri Reis....