Q6. (c) 'महाद्वीपीय मग्नतटभूमि (शेल्फ़)' तथा 'अनन्य आर्थिक परिक्षेत्र' में आप कैसे विभेद करेंगे ? सोदाहरण व्याख्या कीजिए । / How do you distinguish between 'Continental Shelf' and 'Exclusive Economic Zone'? Explain giving examples.
Verified Answer
- Core Legal Answer & Context: Both the Continental Shelf and the Exclusive Economic Zone (EEZ) are maritime zones where coastal states exercise sovereign rights over resources, as defined by the United Nations Convention on the Law of the Sea (UNCLOS) 1982, but they differ significantly in their nature, extent, and the scope of rights granted.
- Continental Shelf: This is the natural prolongation of a coastal state's land territory under the sea. The coastal state has sovereign rights for the purpose of exploring and exploiting its natural resources, specifically mineral and other non-living resources of the seabed and subsoil, together with sedentary species. These rights are inherent and do not require proclamation. It extends to 200 nautical miles (NM) from the baselines, or beyond, up to 350 NM or 100 NM from the 2500-meter isobath, if the natural prolongation extends further.
- Exclusive Economic Zone (EEZ): This is an area beyond and adjacent to the territorial sea, extending up to 200 NM from the baselines. In the EEZ, the coastal state has sovereign rights for exploring and exploiting all resources (living and non-living) of the waters superjacent to the seabed, of the seabed and its subsoil, and for other economic activities like energy production from water, currents, and winds. It also has jurisdiction over artificial islands, marine scientific research, and marine environment protection. The establishment of an EEZ requires a proclamation by the coastal state.
- Relevant Statutes and Sections:
- United Nations Convention on the Law of the Sea (UNCLOS) 1982:
- Part V (Articles 55-75) defines the Exclusive Economic Zone.
- Part VI (Articles 76-85) defines the Continental Shelf.
- Important Landmark Cases:
- The definitions and distinctions are primarily treaty-based (UNCLOS) rather than derived from specific landmark cases.
- Clear Conclusion: The fundamental distinction lies in the scope of rights and geographical extent. The Continental Shelf primarily grants rights over seabed/subsoil mineral and sedentary resources and can extend beyond 200 NM. The EEZ, limited to 200 NM, grants broader rights over all resources (living and non-living) in the water column, seabed, and subsoil, along with other economic activities. For example, a state like India has sovereign rights over oil and gas reserves in its continental shelf, and fishing rights in its EEZ.