EVALUATION OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS OF THE NIGERIAN EXCLUSIVE ECONOMIC ZONE UNDER THE UNITED NATION SCONVENTION ON THE LAW OF THE SEA, 1982

Abstract

The Exclusive Economic Zone EEZ, established under the United Nations Convention on the law of the sea stands as a fundamental innovation in the law of the sea. It grants coastal states sovereign rights over maritime resources up to 200 nautical miles. Regardless of its widespread acceptance and normative clarity, EEZ is bedevil with ambiguities ranging from the nature of rights, scope of jurisdiction and competing uses by other states. This article examines the legal and institutional frameworks governing the EEZ and to evaluate its effectiveness in practice. It comes with the argument that while UNCLOS provides a comprehensive legal structure, its implementation is shrouded with interpretative uncertainties, weak enforcement mechanisms and geopolitical tensions. Particular attention is given to developing coastal states which Nigeria is among where institutional and operational limitations further complicate EEZ governance; unlike developed states like Untied States which is a major maritime power although not a party to UNCLOS but recognizes EEZ provisions as customary international law and also China which uses a restrictive interpretation of EEZ rights especially regarding military surveillance and marine scientific research which is central disputes in the South China Sea.