[LUM#18] Tilio, age 7: “Who does the sea belong to?”
Tilio, age 7. Future ocean cleaner or Jedi master.
No one! The sea cannot be appropriated, which means that no one can claim ownership of it... not even the coastal country—that is, the state—bordering that sea. Seas are part of what are known as "common goods"; they are for everyone to use.
On the other hand, the seabed belongs to the state because it is the natural underwater extension of the national territory. This public domain extends, on the land side, to the seashore, and therefore includes beaches. It is therefore a misnomer for certain beach restaurants to present themselves as "private beaches"; in reality, they are simply authorized to occupy part of them. On the sea side, the seabed belongs to the state up to the limit of the "territorial sea," i.e., 22 kilometers off the coast, or 12 nautical miles according to the unit of measurement for maritime distances.
But the sea is an area that poses many challenges: economic, security, and communication. Countries have therefore found other ways to "control" the sea, notably by reaching agreements through international conventions.
Thus, in the waters of the "territorial sea," the closest maritime zone, the state exercises its sovereignty in the same way as on its land territory, meaning that it sets the rules for fishing, policing, and customs. Further out, in its " exclusive economic zone," which extends up to 200 nautical miles (370 km) from the coast, the state can regulate the exploration and exploitation of natural resources, but it must respect the freedom of navigation for all vessels.
Finally, beyond this zone, the "High Seas" constitute an area of freedom that is not under the authority of any State. Its seabed, known as "the Zone," is part of the " common heritage of mankind." Aware of the role of the oceans in climate issues, states are currently engaged in negotiations to ensure the conservation and sustainable use of the marine biodiversity of this "High Seas" area, which covers nearly half of the globe's surface.
Nelly Sudres – researcher in public law at the Center for Research and Administrative Studies in Montpellier (CREAM)
An article in partnership with The Conversation website.
Find UM podcasts now available on your favorite platform (Spotify, Deezer, Apple Podcasts, Amazon Music, etc.).