[LUM#18] Tilio, age 7: “Who does the sea belong to?”
Tilio, age 7. Future ocean cleaner, or Jedi Master.
To no one! The sea cannot be claimed by anyone, which means that no one can lay claim to ownership of it… not even the coastal country—that is, the state—bordering that sea. The seas are part of what are known as “common goods”; they are for the use of all.
On the other hand, the seabed belongs to the state because it is the natural submerged extension of the national territory. This public domain extends, on the landward side, to the shoreline, and thus includes beaches. It is therefore a misnomer for some beach restaurants to refer to themselves as “private beaches”; in reality, they are simply authorized to occupy a portion of the beach. Toward the sea, the seabed belongs to the state up to the boundary of the “territorial sea,” that is, 22 kilometers offshore, or 12 nautical miles according to the unit of measurement for maritime distances.
But the sea is an area that involves many challenges: economic, security, and communication-related. 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 maritime zone closest to the coast—the state exercises sovereignty in the same way as it does over its land territory; that is, it sets the rules regarding fishing, law enforcement, and customs. Further out, in its “exclusive economic zone,” which extends up to 200 nautical miles (370 km) from the coast, the state may regulate the exploration and exploitation of natural resources but must respect freedom of navigation for all vessels.
Finally, beyond this zone, the “high seas” constitute a space of freedom that is not subject to the authority of any state. Its seabed, known as “the Area,” is part of the “common heritage of mankind.” Aware of the oceans’ role in climate issues, nations are currently engaged in negotiations to ensure the conservation and sustainable use of the marine biodiversity of this “High Seas,” which covers nearly half the Earth’s surface.
Nelly Sudres – Researcher in public law at the Center for Administrative Research and Studies in Montpellier (CREAM)
An article in partnership with The Conversation.
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