Law Relating to Marine Resources
1. Introduction to Marine Resources
Marine resources include all living and non-living resources found in the oceans and seas—such as fish, minerals, oil, gas, salt, and biodiversity. These resources are vital for food security, economic development, energy, and environmental balance.
The law relating to marine resources governs how these resources are explored, exploited, conserved, and shared by states and international actors.
2. Types of Marine Resources
Living Resources: Fish, shellfish, seaweed, and marine biodiversity.
Non-Living Resources: Minerals (e.g., manganese nodules), oil, natural gas, and seabed minerals.
Renewable vs. Non-Renewable: Fish stocks are renewable if managed sustainably, while minerals and fossil fuels are non-renewable.
3. Principles Governing Marine Resources
a) Sovereign Rights over Resources
Coastal states have sovereign rights over marine resources in their territorial waters and Exclusive Economic Zones (EEZ).
Sovereign rights allow them to explore, exploit, conserve, and manage resources.
b) Freedom of the High Seas
Beyond national jurisdiction, marine resources in the high seas are governed by principles of freedom of navigation, fishing, and scientific research, balanced with conservation duties.
c) Conservation and Sustainable Use
States have an obligation to ensure the sustainable use of marine living resources to prevent depletion.
Conservation measures may include regulating fishing quotas, protected marine areas, and combating illegal fishing.
4. Legal Issues and Challenges
Overfishing and depletion: Managing fish stocks to prevent collapse.
Disputes over maritime boundaries: Affecting resource claims.
Environmental protection: Pollution control and habitat preservation.
Illegal, unreported, and unregulated (IUU) fishing: Undermines sustainable use.
5. Illustrative Case Law Concepts
Case Concept 1: Sovereign Rights Over Marine Resources
Facts: A coastal state prohibited foreign vessels from fishing in its EEZ.
Issue: Whether the state had the right to regulate and exclude foreign fishing vessels.
Holding: The court affirmed the coastal state’s sovereign rights to regulate marine resources in its zone.
Principle: Coastal states have exclusive rights over natural resources in their EEZ.
Case Concept 2: Dispute Over Maritime Boundary Affecting Resource Rights
Facts: Two neighboring states disputed their maritime boundary, which impacted their rights over offshore oil and gas fields.
Issue: How to determine the boundary and resource rights.
Holding: The court applied equitable principles and recognized both states’ rights based on delimitation.
Principle: Maritime boundaries must be fairly determined to allocate marine resources.
Case Concept 3: Conservation Obligations
Facts: A state permitted excessive fishing leading to stock depletion.
Issue: Whether the state violated its duty to conserve marine resources.
Holding: The court held the state responsible for failure to conserve and imposed remedial measures.
Principle: States have a duty to sustainably manage marine living resources.
6. Summary Table
| Aspect | Explanation |
|---|---|
| Sovereign Rights | Coastal states control resources in territorial sea & EEZ |
| Freedom of High Seas | Rights and duties regarding resources beyond national jurisdiction |
| Conservation | Obligation to manage resources sustainably |
| Boundary Delimitation | Fair maritime boundary essential for resource rights |
| Dispute Resolution | Courts and tribunals settle conflicts over marine resources |
7. Conclusion
The law relating to marine resources balances the sovereign rights of coastal states, the freedom of use on the high seas, and the need for conservation and sustainable management. Courts have played a critical role in defining rights, resolving disputes, and enforcing duties to protect these valuable resources for current and future generations.
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