Who owns the sea?

Tilio, 7 years old. Future sea cleaner or Jedi master.

Nobody! The sea escapes all appropriation, which means that no one can claim ownership of it... not even the country - i.e. the state - bordering the sea. The seas are part of what we call the "commons", for the use of all.

The seabed, on the other hand, belongs to the State, as it is the natural underwater extension of the national territory. This public domain extends, on the land side, to the sea shore, and therefore includes the beaches. It is therefore a misnomer that some beach restaurants refer to 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 a zone with many issues at stake: economic, security and communications. Countries have therefore found other ways of "controlling" the sea, notably by agreeing on 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, i.e. 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 must respect the freedom of navigation for all vessels.

Finally, beyond this zone, the "High Seas" constitute an area of freedom not under the authority of any state. Its seabed, known as "the Zone", is part of the " common heritage of mankind ". Aware of the importance of the oceans to climate change, governments are currently negotiating to ensure the conservation and sustainable use of the marine biodiversity of this "High Sea", which covers almost half the earth's surface.

Nelly Sudres - public law researcher at the Centre de Recherches et d'Études Administratives de Montpellier(CREAM)

An article in partnership with The Conversation website.


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