Authors

1 Professor, Public and International Law Department, Faculty of law and political Sciences, University of Tehran, Tehran, Iran

2 LLM, International Law, Faculty of law and political Sciences, University of Tehran, Tehran, Iran

Abstract

The Exclusive Economic Zone made its first appearance in the 1982 United Nations Convention on theLaw of the Sea. By creating this zone, the convention met coastal states' needs to a large extent. However, since the Exclusive Economic zone covers a very large area of the Sea (almost one-third), powerful maritime states did not consent to grant all the rights and jurisdictions to the coastal states. Such disagreement led to devising sovereign rights regime for the zone, which is less decisive in settling disputes, as opposed to sovereignty regime. As a result, since the adoption of the law of the sea Convention, many disputes have been arisen with regard to its jurisdictional matters. One of the most popular disputes in this regard is offshore bunkering of foreign fishing vessels, which was eventually decided by ITLOS in the seminal case of M/V Virginia G. Based on this case and other related cases of ITLOS, this article aims at commenting on the legality of offshore bunkering of  other ships and vessels in EEZ and other maritime zones.

Keywords

الف) فارسی
ضیایی‌بیگدلی، محمدرضا (1392). حقوق بین‌‌الملل عمومی، جلد چهل و پنجم، تهران: گنج دانش.
ب) انگلیسی
Anderson, David (2008). Modern Law of the Sea: Selected Essays, Leiden, MartinusNijhoff Publishers.
Burke. T, William (1994). The New International Law of Fisheries, Virginia, Oxford: Clarendon Press.
Chen, Lung-Chu (2015). An Introduction to Contemporary International Law: A Policy-Oriented Perspective, third edition, New York: Oxford University Press.
Churchill, Robin Rolf and Vaughan Lowe, Alan (1988). The Law of the Sea, Second Edition, Manchester: Manchester University Press.
Dromgoole, Sarah (2013). Underwater Cultural Heritage And International Law, Cambridge, Cambridge University Press.
Kaczorowska, Alina (2015). Public International Law, Fifth Edition, Ireland: Routledge.
Lagoni, Rainer. ''Offshore Bunkering in the Exclusive Economic Zone'' in Ndiaye, Tafsir Malick and Wolfrum, Rüdiger (Eds.) (2007). Law of the Sea, Environmental Law and Settlement of Disputes, Liber Amicorum Judge A. Mensah, Leiden, MartinusNijhoff Publishers.
Anderson, David. ''Coastal State Jurisdiction and High Seas Freedoms in the EEZ in the Light of Saiga Case'' in Symmons. R, Clive (Ed) (2011) Selected Contemporary Issues in the Law of the Sea (Vol. 71), Leiden, MartinusNijhoff Publishers.
Takei, Yoshinobu (2013). Filling Regulatory Gaps in High Seas Fisheries: Discrete High Seas Fish Stocks, Deep-sea Fisheries and Vulnerable Marine Ecosystems, Leiden, MartinusNijhoff Publishers.
Case-Law
Case Concerning Filleting within the Gulf of St. Lawrence (Canada and France) (La Bretagne Arbitration), Decision of 17 July 1986, Recueil des Sententences Arbitrales, Volume XIX, 225-296.
M/V Virginia G Case (Panama v. Guinea Bissau), Judgment of 14 April 2014, ITLOS Reports 2014.
M/V Virginia G Case, Dissenting Opinion of Judge Ndiaye.
M/V Virginia G Case, Declaration of Judge Nelson.
M/V Virginia G Case, Declaration of Judge Treves.
M/V Virginia G Case, Declaration of Judges Kelly and Attard.
M/V SAIGA Case (Guinea v. Saint Vincent and Grenadines), Judgment of 4 December 1997, ITLOS Reports 1997.
M/V SAIGA Case, Dissenting Opinions Of Judges Wolfrum and Yamamoto.
M/V SAIGA Case (Guinea v. Saint Vincent and Grenadines), Judgment of 4 December 1997, ITLOS Reports 1997.
M/V SAIGA (No. 2) Case, Separate Opinion of Judge Anderson.
Dispute Concerning Delimitation of the Maritime Boundary Between Bangladesh And Myanmar In the Bay of Bengal, Judgment of 14 March 2012, ITLOS Reports 2012.
Aegean Sea Continental Shelf Case (Greece v. Turkey), Judgment of 19 December 1978, ICJ Reports 1978.
International Documents
Yearbook of the International Law Commission (1956), Vol. II.
FAO Agreement to promote Compliance with international Conservation and Management Measures by Fishing Vessels on the High Seas (1993), International Legal Materials, Vol. 33, 1994.
FAO Code of Conduct for Responsible Fisheries (1995), Retrieved on September 9, 2015 from:
www.fao.org/3/a-v9878e.pdf
"Coastal State Requirements for Foreign Fishing"  FAO Legislative Study No. 21, Rev. 4 (1993), FAO Legal Office Publication, 1993.
The San Remo Manual On International Law Applicable to Armed Conflicts at Sea (1994).