Coastal Rights

The extent of a nation’s power over its coastal ecosystems and the natural resources in its coastal waters has been defined by two international law doctrines: freedom of the seas and adjacent state sovereignty. Until the mid-twentieth century, most nations favored application of broad open-seas freedoms and limited sovereign rights over coastal so limited, most nations did not establish rules for management or protection of their territorial waters.

Regardless of whether or not nations enforced regulations in their territorial waters, large ocean areas remained free of controls or restrictions. The citizens of all nations had the right to use these unrestricted ocean areas for any innocent purpose, including navigation and fishing. Except for controls over its own citizens, no nation conduct that applied on the “open seas,” there were few jurisdictional conflicts between nations.

The lack of standards is traceable to popular perceptions held before the middle of this century. By and large, marine pollution was not perceived as a significant problem, in part because the adverse effect of coastal activities on ocean ecosystems was not widely recognized, and pollution caused by human activities was generally technology that later allowed exploitation of other ocean resources, such as oil, did not yet exist.

To date, controlling pollution and regulating ocean resources have still not been comprehensively addressed by law, but international law—established through the customs and practices of nations—does not preclude such efforts. And two recent developments may actually lead to future international rules providing for ecosystem management. First, the establishment of extensive fishery zones, policies for broader regulation of human activities that affect ocean ecosystems will be adopted and implemented.