Exploiting EEZ rights : examining the value added of establishing an exclusive economic zone (EEZ) for Malta

Abstract

Malta’s Fishing Waters (Designation) and Extended Maritime Jurisdiction Act makes provision for the Prime Minister, through an Order published in the Government Gazette, to claim all or some of the rights of an Exclusive Economic Zone (EEZ). In light of studies and proposals from the EU for the establishment of EEZs in the Mediterranean Sea, this research project looks into whether such a declaration would indeed bring about benefits to Malta. First, it analyses Malta’s current rights over the sea under International Law, including its Exclusive Fishing Zone (EFZ), so as to compare them with the rights provided for in the United Nations Convention on the Law of the Sea, Part V which concerns the EEZ. Upon examination of the law, the different sectors in which rights are granted emerge and each one is considered to determine how these rights translate in practice in view of Malta’s economic and political situation. Malta’s membership in the EU also plays a key role in the way the sovereign rights and jurisdiction conferred under the EEZ regime take effect. In particular, there is considerable potential for Malta in the renewable energy sector, specifically that of bio-fuel from algae and wave energy. The nature of the Mediterranean Sea poses a great hurdle for the declaration of an EEZ as this would require the negotiation of boundaries. The benefits and obligations in the areas of fishing, offshore energy production, jurisdiction over artificial islands and structures, pollution control and data collection were weighed out to conclude that even though an EEZ does bring about considerable benefits, the costs of actually making use of them would preclude economically feasible usage.