(a) General ConsiderationsUnder Article 56(1)(b) of the , the possesses jurisdiction over matters other than the exploration and exploitation of marine , namely (i) the establishment and use of artificial , installations and structures, (ii) marine scientific research, and (iii) the protection and . The coastal State also has other rights and duties provided for in this Convention (Article 56(1)(c)). The coastal State jurisdiction with regard to these matters requires some comments. Concerning the coastal State jurisdiction over artificial islands, Article 60 stipulates: In the , the coastal State shall have the exclusive right to construct and to authorize and regulate the construction, operation and use of:(a) artificial islands;(b) installations and structures for the purposes provided for in article 56 and other economic purposes;(c) installations and structures which may interfere with the exercise of the rights of the coastal State in the zone. The coastal State shall have exclusive jurisdiction over such artificial islands, installations and structures, including jurisdiction with regard to customs, fiscal, health, safety and immigration laws and regulations.Under Article 60(1), the coastal State's exclusive right with regard to artificial islands is not bound to any specific purpose, while installations and structures must serve for specific purposes provided for in Article 60(1)(b) and (c). At the same time, the rights of the coastal State on this matter are subject to certain obligations. Under Article 60(3), due notice must be given of the construction of such artificial islands, installations and structures, and permanent means for giving warning of their presence must be maintained and any installations or structures which are abandoned or disused shall be removed to ensure safety of , taking into account any generally accepted international standards established in this regard by the competent international organisation, i.e. the IMO. In this regard, the IMO adopted a set of guidelines and standards. Despite the use of the word ‘shall', it can be considered that there is no absolute duty to entirely remove abandoned or disused installations and structures underArticle 60(3). In fact, the last sentence of this provision stipulates:Appropriate publicity shall be given to the depth, position and dimensions of any installations or structures not entirely removed. Under Article 60(7), the coastal State may not establish artificial islands, installations and structures and the safety zones around them ‘where interference may be caused to the use of recognized lanes essential to international navigation'. It is clear that the coastal State has exclusive jurisdiction, including both legislative and enforcement jurisdiction, over installations and structures for economic purposes by virtue of Article 60. On the other hand, a question arises of whether or not the coastal State also has the jurisdiction to authorise and regulate the construction and use of installations and structures for non-economic purposes, such as military purposes. State practice is not uniform on this particular matter. When ratifying the LOSC, , Cape Verde and made declarations claiming that the coastal State has the exclusive right to authorise…

You must be Register or logged in to view full content, high resolution maps, charts, pdf and more.

HTML tutorial

>>>please login<<<