The Great One
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The reason I didn't bother with
is because it is useless. As shall be demonstrated below
Article 56
Rights, jurisdiction and duties of the coastal State
in the exclusive economic zone. In the exclusive economic zone, the coastal State has:
1.(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;
(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to:
(i) the establishment and use of artificial islands, installations and structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine environment;
(c) other rights and duties provided for in this Convention.
2. In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention.
3. The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI.
__________________________________________________________________________________in the exclusive economic zone. In the exclusive economic zone, the coastal State has:
1.(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;
(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to:
(i) the establishment and use of artificial islands, installations and structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine environment;
(c) other rights and duties provided for in this Convention.
2. In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention.
3. The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI.
These and only these are the 'sovereign rights' that a coastal state enjoys over its maritime EEZ. Basically speaking you have
a) Jurisdiction on exploring and exploiting the living and non-living resources of the area such as oil and gas.
b) Jurisdiction over Art 56(1)(b)(i), Art 56(1)(b)(ii), Art 56(1)(b)(iii).
Also, by applying LOS. Art 56 (3), the laying of submarine pipelines on the shelf of the EEZ is regulated by the regime established for the continental shelf - Art 79
But before going to Art 79, lets have a re-look
Article 58
Rights and duties of other States in the exclusive economic zone.
In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.
2. Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part.
3. In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part.
_________________________________________________________________________________________
In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.
2. Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part.
3. In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part.
_________________________________________________________________________________________
Article 79
1.Submarine cables and pipelines on the continental shelf.
All States are entitled to lay submarine cables and pipelines on the continental shelf, in accordance with the provisions of this article.
2. Subject to its right to take reasonable measures for the exploration of the continental shelf, the exploitation of its natural resources and the prevention, reduction and control of pollution from pipelines, the coastal State may not impede the laying or maintenance of such cables or pipelines.
3. The delineation of the course for the laying of such pipelines on the continental shelf is subject to the consent of the coastal State.
4. Nothing in this Part affects the right of the coastal State to establish conditions for cables or pipelines entering its territory or territorial sea, or its jurisdiction over cables and pipelines constructed or used in connection with the exploration of its continental shelf or exploitation of its resources or the operations of artificial islands, installations and structures under its jurisdiction.
5. When laying submarine cables or pipelines, States shall have due regard to cables or pipelines already in position. In particular, possibilities of repairing existing cables or pipelines shall not be prejudiced.
_______________________________________________________________________________________
First of all, coming to Art 79(3), the supposed trump card of our larger than Himalaya hearts Pakistani friends, CLOS requires that a coastal state must act bona fide, meaning that the state must act in good faith with honest intentions and beliefs.
All States are entitled to lay submarine cables and pipelines on the continental shelf, in accordance with the provisions of this article.
2. Subject to its right to take reasonable measures for the exploration of the continental shelf, the exploitation of its natural resources and the prevention, reduction and control of pollution from pipelines, the coastal State may not impede the laying or maintenance of such cables or pipelines.
3. The delineation of the course for the laying of such pipelines on the continental shelf is subject to the consent of the coastal State.
4. Nothing in this Part affects the right of the coastal State to establish conditions for cables or pipelines entering its territory or territorial sea, or its jurisdiction over cables and pipelines constructed or used in connection with the exploration of its continental shelf or exploitation of its resources or the operations of artificial islands, installations and structures under its jurisdiction.
5. When laying submarine cables or pipelines, States shall have due regard to cables or pipelines already in position. In particular, possibilities of repairing existing cables or pipelines shall not be prejudiced.
_______________________________________________________________________________________
First of all, coming to Art 79(3), the supposed trump card of our larger than Himalaya hearts Pakistani friends, CLOS requires that a coastal state must act bona fide, meaning that the state must act in good faith with honest intentions and beliefs.
Article 300
Good faith and abuse of rights
States Parties shall fulfil in good faith the obligations assumed under this Convention and shall exercise the rights, jurisdiction and freedoms recognized in this Convention in a manner which would not constitute an abuse of right.
Good faith and abuse of rights
States Parties shall fulfil in good faith the obligations assumed under this Convention and shall exercise the rights, jurisdiction and freedoms recognized in this Convention in a manner which would not constitute an abuse of right.
So what other option does the state have left to deny permission for delineation? Lets see.
Art 79, declare that all states are entitled to lay offshore pipelines and cables on the continental shelf of another state. The coastal states have sovereign rights in the EEZ, but this does not mean sovereignty over the EEZ. For that reason, a coastal state have only those rights given by LOS and cannot interfere with commercial activity by other states in the EEZ unless such activity directly challenges the coastal state’s sovereign rights or duties as mentioned in Art 56. Of most significance here is the duty of the coastal state to to prevent, limit and control pollution from pipelines. The Coastal State can call for an EIA and delay the pipeline, but if the EIA does not clearly demonstrate that the impact on the environment would be negative, then practically speaking, your defence is over unless Pakistan have any artificial islands on the route. Any other attempt to delay will also be judged under the lens of bona fide, so don't even think about it.
Basically speaking, your authority to grant consent to the delineation to the course of the pipeline is not absolute but functional
@Roybot @Abingdonboy @special @nik141991 @SrNair @WAR-rior @jaatram @ares @Nair saab @Kiarash @OrionHunter @A$HU @Agni-5 @Echo_419 @eowyn @ganesh177 @wadi79 @Neemo neemo
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