Tilio: “Who owns the sea?”
To no one! The sea cannot be claimed by anyone. No one can lay claim to ownership of it… not even the coastal state, that is, the state bordering that sea. The seas are part of what are known as “common property”; they are for everyone’s use, and no one can lay claim to them.
Nelly Sudres, University of Montpellier
On the other hand, the seabed and subsoil of the “territorial sea” belong to the State, to its “public domain,” as they constitute the natural extension of the national territory—its submerged extension. This maritime public domain extends, on the landward side, to the shoreline. It therefore includes the beaches. It is therefore a misnomer for certain beach restaurants or beach huts to refer to themselves as “private beaches.” These beaches are not the property of the restaurant owners, but rather of the state, which merely authorizes them to occupy a portion of them. Toward the sea, state ownership of the seabed extends 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. Thus, the operator of a wind farm in “territorial waters” must obtain authorization from the government to anchor it to the seabed.
In short, while the water of the sea cannot be owned by anyone, the seabed is the property of the coastal state within the limits of the “territorial sea” and not beyond.
However, property rights are not the only way to “control” the sea. Given the economic, security, and communication stakes, states have long sought to extend their territorial jurisdiction out to sea and have had to reach agreements among themselves on this matter.
Thus, at the international level, conventions aim to define the jurisdiction exercised by coastal states over maritime zones and the rights granted to third parties. The extent of the authority exercised by the coastal state over maritime zones depends on the zone’s proximity to its coastline.
Thus, in the waters of the “territorial sea”—the nearest maritime zone—the state exercises its sovereignty in the same way as it does over its land territory; that is to say, it has exclusive jurisdiction, particularly in matters of fishing, law enforcement, and customs. For example, in the context of “Brexit,” French fishing vessels wishing to fish in British waters must obtain fishing licenses issued by the United Kingdom.
Further out, within 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 it 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 critical role of the oceans in addressing climate change, nations are 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. However, at the end of August 2022, following the fifth round of international negotiations to conclude a treaty on the protection of the “High Seas,” nations failed to reach an agreement on the issue of marine protected areas or on the requirement to conduct environmental impact assessments prior to new resource exploitation activities in the Area.
If you have a question too, ask your parents to send an email to: . We'll find a scientist to answer your question.
Nelly Sudres, Associate Professor of Public Law, University of Montpellier
This article is republished from The Conversation under a Creative Commons license. Readthe original article.