Decolonizing the UNCLOS? The Areas of Exclusive Economic Zones and Common Heritage of Mankind Under Review

Abstract

This thesis aims to consider “unequal” developments regarding the territorial legal framework of the ocean in light of the exploitation of natural resources. The thesis examines the legal history of territorial and colonial aspects of the concepts of the Exclusive Economic Zones (EEZ) and Common Heritage of Mankind (CHM). It focuses on exploitation activities in the areas of EEZ and CHM by coastal and other states. The overarching questions are: might international maritime law prevent states from developing and how? How do countries from the Global North use international law to pursue their own economic and territorial goals?

In a first step, the thesis will outline theoretical concepts that lead from decolonization processes to the onset of the thinking of territory and the sea over the genealogy of international maritime law to deliberations of decolonizing the law. The thesis will then introduce the two central concepts it is scrutinizing, the Exclusive Economic Zones and the Common Heritage of Mankind as significant zones of territorialization in the sea nowadays. Subsequently, the thesis depicts France and the EU's current activities in utilizing their overseas departments’ EEZs and taking advantage of the EEZs of other states, and other countries’ shares to CHM, respectively. By depicting these cases, the thesis scrutinizes the genealogy of the concepts and their legal nature and how the legal provisions are adhered to in reality. Since the emergence of an international legal framework was crucial for developing states in the aftermath of decolonization, it is worthwhile to study the consequences of the framework and the outcome of the progress that was aspired to achieve.

EEZ and CHM are highlighted because they used to be common property until they were finally strongly regulated by the UNCLOS, an international legal instrument accepted by more than 160 states today. Since the UNCLOS was established after decolonization had set in, this thesis aims to examine whether and how the concepts of EEZ and CHM brought prosperity to developing states or if the international legal instrument was rather detrimental to progress of decolonized countries.