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Challenges to the Jurisdictional Zones

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Chapter Summary

This chapter discusses the challenges presented to the existing jurisdictional zones - variations to the rule. The major challenge today comes from the creation of 'ecological zones', where the coastal State shifts the emphasis from economic considerations to the protection of the environment. The exclusive economic zone was one of the two novelties brought by the Law of the Sea Convention to the traditional law of the sea, the other being the deep seabed Area. The first and most important casualty in a possible capitis diminutio of rights in the exclusive economic zone would necessarily involve the freedom of navigation. The coastal State can, therefore, request information, conduct a physical inspection, even arrest a polluting ship, once it has caused an incident in breach of its (flag State) obligations under international law.

Keywords: coastal state; ecological zones; economic zone; jurisdictional zones; sea convention



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