Joe-Njoku: The Exclusive/Inclusive Confusion in the Exclusive Economic Zone

Nkeiru Joe-Njoku (Vrije Universiteit Brussels - Law) has posted The Exclusive/Inclusive Confusion in the Exclusive Economic Zone. Here's the abstract:

Focusing on the juridical zone of the exclusive economic zone, this paper investigates the nature and scope of inclusive and exclusive usage rights in the international law of the sea. In doing this, this paper will particularly address the tension of balancing resource-related rights with navigational rights within the exclusive economic zone and how the formal rules in treaty law and its interpretation in case law has influenced the limits of these rights. In treaty law, the 1982 United Nations Convention on the Law of the Sea (LOSC) as a model for determining uses is not without anomalies. In case law, these anomalies are made more apparent. Although the LOSC provides the legal framework for the development of the law of the sea, in the light of new challenges, this paper advocates for the increased participation of international organisations to prevent obfuscation and the oft-mentioned creeping jurisdiction. Ultimately, this paper, in determining whether the changing view of the EEZ as a resource-oriented zone is the reason for the confusion (and if this is at odds with the community ownership norm in ocean usage), will argue that in determining applicable rules, international organisational enforcement can, if utilised, prevent any perceived erosion of flag state rights without prejudicing coastal and port state rights.