[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 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 called “common goods”; they are for everyone’s use.
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 seashore, and therefore includes the 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 closest maritime zone—the state exercises its sovereignty in the same manner 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 the 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.” Recognizing the importance of the oceans in addressing climate challenges, nations are currently engaged in negotiations to ensure the conservation and sustainable use of marine biodiversity in the “high seas,” which cover nearly half the Earth’s surface.
Nelly Sudres – Public Law Researcher at the Montpellier Center for Administrative Research and Studies (CREAM)
An article in partnership with The Conversation.
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