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9 Exclusive Economic Zone

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Chapter Summary

This chapter covers the early developments of the law of the sea. The creation of the exclusive economic zone (EEZ) is a good example of how codification may sometimes precede and contribute to the formation of customary international law. The chapter examines some applications of the EEZ in state practice. Some activities taking place in the EEZ clearly fall under the competence of the coastal state, while others remain part of the freedoms of the high seas. The chapter presents an example of a unilateral coastal state claim (the 1945 Truman Proclamation on fisheries) and a judicial analysis of competing claims concerning the right to fish in fisheries zones proclaimed by a coastal state (the 1974 decision of the International Court of Justice (ICJ) in the United Kingdom-Iceland Fisheries Jurisdiction case).

Keywords: coastal state; customary international law; exclusive economic zone (EEZ); fisheries zones; high seas; International Court of Justice (ICJ)



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