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Coastal state

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(Redirected fromCoastal nation)
Nation that borders the sea
This article is about a legal term. For US states, seeList of U.S. states and territories by coastline.

Acoastal state is a term found in thelaw of the sea. Although widely used in the legal documents, including theUN Convention on the Law of the Sea (UNCLOS), this term lacks a precise definition. The "essential idea" of a coastal state is having anopen sea coast and asserting thesovereignty orjurisdiction in the areas of the sea adjacent to this coast.[1]Norway,Canada, andChile are examples of the coastal states,[2] Churchill counts up a total of 150 of such states[3] (while considering the definition in theVirginia Commentary, "the State from the coastline or baselines of which the breadth of the territorial sea is measured" to be "overly narrow").[1]

The interests of a coastal state can be in conflict with those of themaritime nations (the ones that greatly depend on the sea trade routes). For example, when themarine pollution is concerned, the coastal states seek to protect their shores and waters, while the maritime nations worry about limits the protective regulations place onto thefreedom of navigation. Many states have both maritime and coastal interests, so the groups of coastal and maritime states intersect to a large degree.[4]

The coastal states have jurisdiction over the sea areas:internal waters and the territorial sea withinternational straits (limited by thetransit passage),archipelagic waters, thecontiguous zone, theexclusive economic zone and thecontinental shelf. Their jurisdiction covers, depending on the area: navigation, fishing, mineral extraction from the seabed, customs, fiscal, research (including archeological) and immigration matters, the environmental protection. Jurisdiction also extends to ships and overflying aircraft, including those on board of them, structures built in the sea and their population.[5]

Børresen, while acknowledging that UNCLOS uses the term for any state withterritorial sea, suggests limiting its scope by excluding the states with thenavies of global reach, "maritime powers".[2]

References

[edit]
  1. ^abChurchill 2015, p. 278.
  2. ^abBørresen 1994, p. 148.
  3. ^Churchill 2015, p. 280.
  4. ^Jin 1997, p. 356.
  5. ^Churchill 2015, p. 279.

Sources

[edit]
  • Churchill, Robin (2015-01-01). "11 Under-Utilized Coastal State Jurisdiction: Causes and Consequences".Jurisdiction over Ships. Brill Nijhoff. pp. 278–298.doi:10.1163/9789004303508_012.ISBN 978-90-04-30350-8.
  • Børresen, Jacob (1994). "The seapower of the coastal state".Journal of Strategic Studies.17 (1). Informa UK Limited:148–175.doi:10.1080/01402399408437544.ISSN 0140-2390.
  • Jin, Alan Tan Khee (1997). "The Regulation of Vessel-Source Marine Pollution: Reconciling the Maritime and Coastal State Interests".Singapore Journal of International & Comparative Law.1 (1):355–381.
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