Europe/North Am.

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EUROPEAN AND NORTH AMERICAN STATES

Updated 29 June 2006

Maritime claims: (See table of claims)

Status of the Convention and its implementing Agreements

Overview of developments 1992-2001:
Note: Updates for 2002-2005 are contained in the reports of the Secretary-General on Oceans and the Law of the Sea, section Maritime Space.

Belgium. In 1999, Belgium established its exclusive economic zone by the Act concerning the exclusive economic zone of Belgium in the North Sea of 22 April 1999. It also adopted the Act on protection of the marine environment and ocean space under Belgian jurisdiction dated 20 January 1999.

Canada. On 31 January 1997, Canada enacted the Oceans Act which repeals the Canadian Laws Offshore Application Act, chapter 44 of the Statutes of Canada, and the Territorial Sea and Fishing Zones Act. The Oceans Act consists of three parts: Part I defines Canada's maritime zones in accordance with the Convention. It recognizes the exercise of Canada's jurisdiction over its ocean and submarine areas through the exclusive economic zone, the contiguous zone and the continental shelf; Part II provides that the Ministry of Fisheries and Oceans will be responsible for the development and implementation of a national strategy for oceans management based on the principles of sustainable development, integrated management of activities in estuaries, coastal and marine waters and the precautionary approach. The Act introduces the concept of specially protected marine areas which will be established on a case-by-case basis with the intent to protect and preserve endangered marine life and environment. It also contains provisions defining the powers and procedures for enforcement of the oceans management plan. Part III of the Act defines the powers and responsibilities of the Minister with respect to coast guard services, and specifies activities that may be undertaken with respect to marine science and hydrography.

Croatia. In 1994, Croatia adopted a comprehensive Maritime Code, comprising 13 parts and 1,056 articles.  It defines the baselines from which the territorial sea is measured, establishes a 12-nautical mile territorial sea and provides for the possible establishment of an exclusive economic zone up to the outer limits permitted by international law.  It also contains the regime of the continental shelf, which extends up to the delimitation line with neighbouring States, and deals with shipping and navigation, including the regime of ports.

Denmark. On 22 May 1996, Denmark has adopted Act No. 411  on the Exclusive Economic Zone, which entered into force on 1 July 1996. The Act does not apply to the Faroe Islands and Greenland. The law establishes the median line as the line of delimitation with States with opposite coasts, in the absence of an agreement to the contrary. The rights of Denmark in the exclusive economic zone are defined in accordance with the Convention. Executive Order No. 584 of 24 June 1996 concerning Denmark's exclusive economic zone entered into force also on 1 July 1996. The Executive Order provides points of coordinates for drawing the delimitation line of the exclusive economic zone with opposite or adjacent States in the North Sea, the Skagerrak, the Kattegat, the Sound, the Great Belt and the Baltic Sea. The waters between Bornholm and Poland are not covered by the Act on the Exclusive Economic Zones until further notice. Pending an agreement with Poland, the limit of Denmark's fishery zone and continental shelf, in that area, will be the equidistant line. The Executive Decree includes a provision providing that the list of coordinates and the charts mentioned in it are to be deposited with the Secretary-General of the United Nations.

On 6 May 1999, Denmark transmitted to the United Nations Act No. 200 of 7 April 1999 on the Delimitation of the Territorial Sea, as well as the Executive Order No. 242 of 21 April 1999 concerning the Delimitation of Denmark's Territorial Sea and the Royal Ordinance No. 224 of 16 April 1999 governing the admission of foreign warships and military aircraft to Danish territory in time of peace.

Act No. 200 revokes the previous Order No. 437 of 21 December 1966 on the Delimitation of the Territorial Sea. The Act, which provides for the extension of the territorial sea of Denmark as a general rule to a limit of 12 nautical miles, entered into force on 1 May 1999. Executive Order No. 242 of 21 April 1999 indicating the coordinates of the baselines as well as the outer limit of the territorial sea of Denmark, adopted in pursuance of Act No. 200, also entered into force on 1 May 1999.

In connection with the entry into force of the Act, a circular note addressed to all heads of mission accredited to Denmark noted that "the Royal Ordinance of 27 February 1976 governing the admission of foreign warships and military aircraft to Danish territory in time of peace has been amended by Royal Ordinance No. 224 of 16 April 1999 [taking effect as from 1 May 1999]. The amendment involves that an advance permission or notification is no longer required for the innocent passage of foreign warships and non-commercial ships owned or used by a foreign State in parts of the territorial sea not comprised by the recognized historical regime governing the Danish Straits. Consequently, in the Straits, the existing provisions are not affected. The existing provisions in the Ordinance on military flights over Danish territory and on the admission of foreign vessels to harbours and internal waters remain unchanged. The Ordinance remains in force for the territorial sea of the Faroe Islands and Greenland and the airspace above".

Finland, by an Act issued on 3 March 1995, which entered into force on 30 July 1995, has amended the Act of 18 August 1956 defining the limits of the territorial waters, which are divided into internal waters and external waters or the territorial sea.  According to the Act on the Delimitation of the Territorial Waters of Finland (No. 463 of 18 August 1956 as amended) the outer limit of the territorial sea of Finland shall, with certain exceptions, extend to 12 nautical miles from the baselines. In the Gulf of Finland, the outer limit of the territorial sea shall at no place be closer to the midline than 3 nautical miles.

The base points of the outer limit of the inner territorial waters and the location of the outer limit of Finland's territorial sea are given in the Decree on the application of the Act on the Delimitation of the Territorial Waters of Finland (No. 993 of 31 July 1995).

Germany. By a proclamation dated 11 November 1994, Germany extended the outer limit of the territorial sea from 3 to 12 nautical miles both in the North Sea and in the Baltic Sea.  Further, by a proclamation dated 25 November 1994, Germany established an exclusive economic zone in the North Sea and in the Baltic Sea. The limits of the German territorial sea and exclusive economic zone in the North Sea and in the Baltic Sea are indicated on Maritime Boundaries Charts Nos. 2920 and 2921, which have been deposited with the Secretary-General in accordance with articles 16, paragraph 2, and 75, paragraph 2, of the Convention on the Law of the Sea.

Monaco. On 27 March 1998, Monaco promulgated Law No. 1,198 instituting the "Code de la Mer". The Code deals both with matters pertaining to the international law of the sea, such as the legal regime of maritime areas, and with maritime law, such as shipping and navigation, and follows the integrated approach provided by the Convention.

The Netherlands established its exclusive economic zone by the Act of 27 May 1999 establishing an exclusive economic zone of the Kingdom of Netherlands. The Decree of 13 March 2000 determines the outer limits of the exclusive economic zone of the Netherlands and effects the entry into force of the Act.

Norway. Among other acts, the Norwegian Act of 29 November 1996, No. 72, relating to petroleum activities, was communicated to the Secretary-General. On 1 June 2001, Norway adopted Regulations relating to the limit of the Norwegian territorial sea around Svalbard. The Regulations of 1 June 2001 contains a list of geographical coordinates of points for drawing the baselines for measuring the width of the territorial sea around Svalbard.

Russian Federation. On 25 October 1995, the Russian Federation adopted an important comprehensive law, the Federal Law on the Continental Shelf of the Russian Federation. It defines the continental shelf and continental margin as the prolongation of the land mass of the Russian Federation, which consists of the seabed and subsoil of the shelf, the slope and the rise.  The outer edge of the shelf extends up to 200 nautical miles or, if beyond, up to a distance determined in accordance with the rules of international law.  The legislation establishes exclusive jurisdiction over, and outlines procedures with respect to, the exploration and exploitation of the continental shelf, and the construction and operation of artificial islands, installations and structures, including safety zones.  Jurisdiction is also established with respect to the laying and use of submarine cables and pipelines, the conduct of marine scientific research, the protection and conservation of minerals and living resources.  The new Federal Law also deals with dumping at sea; harvesting licences, permits fees and payments; enforcement; and settlement of disputes. In addition, in 1998, the Russian Federation adopted two new Laws - the Law on the internal waters, the territorial sea and the contiguous zone of the Russian Federation of 31 July 1998; and the Law of the Russian Federation on the exclusive economic zone of 17 December 1998.

Spain adopted Royal Decree 1315/1997 on 1 August 1997 to provide for the establishment of a "fishing protection zone" in the Mediterranean. The zone, which is defined by geographical coordinates, runs from Cape Gata in the south of Spain up to the maritime boundary with France, based on the principle of the equidistant line with States with opposite coasts. In the zone, Spain exercises sovereign rights for the conservation, management and control of fishing activities, without prejudice to the measures adopted or to be adopted by the European Union as regards the protection and conservation of living marine resources. Uncontrolled fishing activities by non-Mediterranean industrial fleets which do not respect the recommendations of the International Commission for the Conservation of Atlantic Tuna (ICCAT) is among the reasons given in the Decree for the establishment of such a zone. In this respect, the Decree recalls that European Union conservation and control measures do not apply to non-European Union vessels beyond the territorial sea.

On 9 June 1998, Spain transmitted for deposit with the Secretary-General the list of geographical coordinates of points for the drawing of the limits of the fisheries protection zone in the Mediterranean Sea established by Royal Decree 1315/1997 of 1 August 1997. Except for two points south of Cabo de Gata, all points deposited are equidistant from the coasts of Spain and those of neighbouring countries with opposite coasts. France has protested the limits of the fisheries protection zone established by Spain in the Mediterranean Sea. Subsequently, a corrected list of geographical coordinates was deposited with the Secretary-General.

Ukraine adopted on 16 May 1995 an Act establishing an exclusive economic zone which extends up to 200 nautical miles.  The Act comprises 32 articles, dealing with delimitation, sovereign rights over the living and non-living resources, jurisdiction with regard to artificial islands, installations and structures, the protection of the marine environment and the conduct of marine scientific research.  It also establishes the supremacy of the Convention over the Act in case of conflict.

United States of America. By a proclamation dated 2 September 1999, the United States established a contiguous zone, contiguous to its territorial sea. This newly established zone, which extends to 24 nautical miles from the baselines of the United States drawn according to international law, allows the United States to exercise the control necessary to prevent infringement of its customs, fiscal, immigration and sanitary laws and regulations, as permitted in article 33 of the Convention. In addition, the proclamation refers specifically to the prevention of the removal of underwater cultural heritage found within the established zone in accordance with the provisions of article 303 of the Convention. In 2000, the United States of America adopted the Oceans Act of 2000.

Other issues. The 1992 Paris Declaration on the Coordinated Extension of Jurisdiction in the North Sea established a task force the main objectives of which was to promote the further establishment of exclusive economic zones in the North Sea in order to improve enforcement of international rules relating to pollution from ships. In addition to France, Germany, Norway and Sweden which, by the time of the first report of the task force in 1995, had already established an exclusive economic zone, the four other North Sea States started to prepare new legislation. From 1996 to 2000, Belgium, Denmark and Netherlands enacted law on their exclusive economic zones. The United Kingdom of Great Britain and Northern Ireland adopted a merchant shipping (prevention of pollution) Act in 1994 and an Order-in-Council was being drafted to control pollution from ships within the limits of a zone permitted under the exclusive economic zone provisions.

Bulgaria and Turkey. Bulgaria and Turkey concluded an Agreement on the Determination of the Boundary in the Mouth of the Rezovska/Mutludere River and Delimitation of the Maritime Areas between the two States in the Black Sea, signed at Sofia on 4 December 1997. The Agreement has settled the following issues: establishment of the terminal land boundary point and starting point of the maritime boundaries between the two countries; delimitation of the territorial sea between Bulgaria and Turkey up to a distance of 12 nautical miles; and delimitation of the continental shelf and exclusive economic zone between the two countries up to the existing Turkish-Russian Federation continental shelf/exclusive economic zone boundary.

A joint statement contained as an annex to a letter from the Permanent Representatives of both Bulgaria and Turkey to the United Nations was communicated to the Secretary-General on 20 January 1998 (A/52/774) regarding the above-mentioned Agreement between the two countries. The joint statement points out that the question of the delimitation of the territorial sea, the exclusive economic zone and the continental shelf between Bulgaria and Turkey had been pending for over 40 years and had been the subject of many bilateral meetings since 1964. The statement stresses that the development of Bulgarian-Turkish relations, already at a very positive stage, would receive a new impetus with the resolution of this long-standing issue. Furthermore, the signing of this Agreement was, according to the joint statement, "ample proof that long-standing bilateral problems can be resolved by utilizing the negotiation process envisaged, among other things, as the initial means of peaceful settlement in the Charter of the United Nations".

Denmark and the United Kingdom. "special area" encompassing the large banana-shaped area to the south of the Faroe Islands which was previously subject to overlapping fisheries zone claims. In the special area both countries continue to enjoy fishing rights in accordance with articles 5, 6 and 7 of the Agreement.

Slovenia. In March 2001, Slovenia adopted a comprehensive Maritime Code, comprising 999 articles.  The maritime code defines the maritime spaces of the Republic of Slovenia, provides rules concerning innocent passage through the territorial sea of Slovenia, and contains a number of other provisions, dealing, with the regime of ports, shipping and navigation.

Sweden and Estonia. Sweden and Estonia concluded an Agreement on the Delimitation of their Maritime Zones in the Baltic Sea on 2 November 1998. The Agreement delimits both the exclusive economic zone and the continental shelf zone of Sweden and Estonia. Article 2 lists the geographical coordinates of the four points agreed upon and stipulates that the delimitation line shall continue to a point to be negotiated at a later stage with the third State concerned, Finland.