This article has multiple issues. Please help improve it or discuss these issues on the talk page . (Learn how and when to remove these messages)
|
A presential sea, (In Spanish: mar presencial) zone of maritime presence or heritage marine reserve is a zone of influence demarcated by a maritime country in the high seas adjacent to its exclusive economic zone (EEZ). The objective of this oceanopolitical concept or doctrine, is to signal to third parties where the coastal country's interests are, or could be directly involved.
Under this principle, a coastal nation (or several coastal nations, collectively) will demarcate areas of high seas contiguous or adjacent to their EEZ. Without claiming sovereignty over the international water in these areas, this demarcation serves as an announcement of a national interest in preserving the whole demarcated area from abusive uses or from certain activities whose proximity could impact marine resources inhabiting the nation's EEZ. A common stated intent is protecting highly migratory transboundary fish stocks from overfishing and ocean dumping.
The concept is currently not used officially by Argentina or Chile, as they adopted the extended continental shelf in their maps.
A presential sea occurs when a state declares an interest in a maritime space, while still recognizing the liberties of any international waters it encompasses, in accordance with the United Nations Convention on the Law of the Sea. The objective of the policy is to ensure rational exploitation of resources, avoiding the overexploitation and subsequent collapse of delicate marine ecosystem equilibria. Part of the idea is that every coastal nation has a sovereign right to subsistence. If marine resources are intercepted and exhausted before they enter the EEZ and territorial waters of coastal states, these states will be deprived of oceanic resources which they would otherwise harvest in their jurisdictional waters. Accordingly, a state can prevent ships that are overexploiting its presential sea from calling its ports. The legal basis of this theory was partially weakened as a results of the 1995 Straddling Fish Stocks Agreement, which dealt with the management of transboundary species and highly migratory fish that freely travel between high seas and EEZs. A concrete application of the theory of presential sea occurred during the 1995 Turbot War, a conflict caused by the capture of a Spanish fishing vessel by the Canadian military. [1]
The "theory of the presential sea" was developed by a Commander-in-Chief of the Chilean Navy, Admiral Jorge Martínez Busch. First presented in a master's class on May 4, 1990, it was expanded in another master's class on May 2, 1991. The definition was later broadened into a more general concept of greater utility, and applicable to coastal states worldwide.
US Naval JAG officer Jane Dalton defined a presential sea as
"[...] the presential sea is a type of contiguous zone to the EEZ in which the state will prevent (and perhaps punish?) infringements of its fishing, research, and resource exploitation interests in the EEZ."
— Jane Gilliland Dalton, The Chilean presential sea: A Harmless Concept or a Dangerous Precedent?, [2]
Most of the countries that have expressed presential sea interests have been neighbors of Chile, or on the Pacific coast of the Americas, especially South America. Besides Chile, Argentina, [3] Ecuador, Peru, and Colombia have all proposed maritime areas that match the concept of presential sea. [4] [5] While Canada has not explicitly proposed a presential sea, it acted in a manner consistent with the concept during the Turbot War. [1]
Chile created this theory, and was the first to implement one in 1991, with the passage of law N°19080. [6] Article 1, final paragraph, defines the concept of a "presential sea" for the southeastern quadrant of the Pacific Ocean:
Es aquel espacio oceánico comprendido entre el límite de la Zonas Económicas Exclusivas que generan las islas chilenas al interior de dicho espacio marítimo. transl. That oceanic space which encompasses the outermost borders of the Exclusive Economic Zones generated by the Chilean islands to the interior of that maritime space.
As a result of this Chile had an international dispute with the European Union over swordfish. The preliminary treaty gave international backing to the presential sea theory. The presential sea concept has been legally enshrined by Chilean legislation in the General Law of Fishing, the Basic General Law of the Environment, and in the law of Nuclear Security.
Under the 1997 “Acuerdo Marco para la Conservación de los Recursos Vivos Marinos en la Alta Mar del Pacífico Sudeste” (transl. Framework Agreement for the Conservation of Living Marine Resources in the High Seas of the Southwest Pacific) or the "Galapagos Agreement", Colombia, Ecuador, Peru, and Chile proposed a "Regional presential sea of the CPPS» (Comisión Permanente del Pacífico Sur (transl. Permanent Commission of the South Pacific)). This agreement attempts to protect certain species of migratory fish, including in international waters. [4] Additional steps have been taken to establish a Southeast Pacific Marine Protected Area. [9]
In Argentina Senator Mariano Utrera led a legislative project to mark out a presential sea space called "Fixein the borders of the "Argentinian National Heritage Sea Reserve." The law was presented to the Senate and Chamber of Deputies November 27, 1987. [3]
On April 30, 1989, the proposed legislation expired without being passed. However the concept can still be observed in what is referred to as "La Milla 201" (transl. Mile 201, referring to the first mile outside of the EEZ), where Argentina carries out regular patrols against illegal fishing. [10] [11] [12]
The Turbot War between Canada and Spain generated a concrete application of the theory. Canada fired shots across the bow and seized the Spanish fishing trawler Estai in waters adjacent to its EEZ, which caused the European Union to get involved. The case went to the Hague, was judged in Canada's favor, and Spain was forced to pay a substantial fine. [1]
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international treaty that establishes a legal framework for all marine and maritime activities. As of October 2024, 169 states and the European Union are parties.
The Argentine Navy is the navy of Argentina. It is one of the three branches of the Armed Forces of the Argentine Republic, together with the Army and the Air Force.
Law of the sea is a body of international law governing the rights and duties of states in maritime environments. It concerns matters such as navigational rights, sea mineral claims, and coastal waters jurisdiction. The connotation of ocean law is somewhat broader, but the law of the sea is so comprehensive that it covers all areas of ocean law as well.
An exclusive economic zone (EEZ), as prescribed by the 1982 United Nations Convention on the Law of the Sea, is an area of the sea in which a sovereign state has exclusive rights regarding the exploration and use of marine resources, including energy production from water and wind.
The Turbot War was an international fishing dispute and bloodless conflict between Canada and Spain and their respective supporters.
The Chilean Sea is the portion of the Pacific Ocean lying west of the Chilean mainland. The official Chilean usage for Chilean Sea was defined on 30 May 1974 when the Diario oficial de la Republica de Chile published Supreme Decree #346, which declared that "the waters surrounding or touching the shores of the national territory shall be known as Mar Chileno."
The Argentine Sea is a marginal sea of the Atlantic Ocean adjacent to the southern tip of South America. It ranges from the mouth of the estuary of the Río de la Plata in the north to the Isla de los Estados in the south, and from the Argentine coast to the 200 meters isobath. Its width varies between 210 km in front of Mar del Plata and 850 km at the latitude of the Falkland Islands. The coastline extends for 4,725 km. To the east of the Argentine Sea extends much deeper and more extensive Argentine Basin.
Enteroctopus megalocyathus, also known as Patagonian red octopus (EN), Pulpo del sur (Chile) and Pulpo colorado (Argentina), is a medium-sized octopus and the type species for the genus Enteroctopus.
The Treaty of Peace and Friendship of 1984 between Chile and Argentina was signed into agreement at the Vatican on 29 November 1984.
Tricontinental Chile is a geopolitical concept denoting Chile's unique position with its mainland in South America, Easter Island in Oceania (Polynesia) and the Chilean Antarctic Territory in Antarctica. This concept is built on the basis that there are Chilean territories as far away from the mainland as to be considered part of Polynesia and on a larger scale, Oceania, and Chile's claims to Antarctica provide it a basis for claiming to be a part of Antarctica as well.
The Maritime history of Chile started when Chile gained independence, but traces it origin in the colonial era and has ultimately origin in the seafaring tradition of the Iberian Peninsula, Europe and the Mediterranean as well as from indigenous peoples of Chile.
Spain is an eminently maritime country with a long continental shelf running along the entire periphery of the Spanish coast. This narrow continental shelf is extremely rich in fish resources since the shelf is close to land.
The United Kingdom's exclusive economic zone is the fifth largest in the world at 6,805,586 km2 (2,627,651 sq mi). It comprises the exclusive economic zones surrounding the United Kingdom, the Crown Dependencies, and the British Overseas Territories. The figure does not include the EEZ of the British Antarctic Territory.
India has the 18th-largest exclusive economic zone (EEZ) with a total size of 2,305,143 km2 (890,021 sq mi). It includes the Lakshadweep island group in the Laccadive Sea off the southwestern coast of India and the Andaman and Nicobar Islands in the Bay of Bengal and the Andaman Sea. India's EEZ is bordered to the west by Pakistan, to the south by the Maldives and Sri Lanka and to the east by Bangladesh, Myanmar, Thailand, Malaysia and Indonesia. Based on new scientific data, India has petitioned United Nations to extend its EEZ from 200 Nautical miles to 500 miles.
Spain's exclusive economic zone (EEZ) is the 30th largest in the world with 1,039,233 km2 (401,250 sq mi). It is mostly in the Atlantic Ocean and the Mediterranean Sea. This is approximately double the entire Spanish land area. Together the land and sea surface would account for approximately 0.3% of the world's land surface.
The natural delimitation between the Pacific and South Atlantic Oceans by the Scotia arc is a hydrographical concept developed in Chile in 1952 in which it was postulated that the boundary between the southeast Pacific Ocean and the southwest Atlantic Ocean should not be the meridian of Cape Horn but rather follow the line of the Scotia Arc, an underwater mountain range which links the Tierra del Fuego archipelago with the Antarctic continent.
The extended continental shelf, scientific continental shelf, or outer continental shelf, refers to a type of maritime area, established as a geo-legal paradigm by the United Nations Convention on the Law of the Sea (UNCLOS). Through the process known as the extension of the outer limit of the continental shelf or establishment of the outer edge of the continental margin, every coastal state has the privilege, granted by the international community of nations, to acquire exclusive and perpetual rights to exploit the biotic and abiotic resources found on the seabed and subsoil of these maritime areas. These areas are located beyond the 200 nautical miles that make up the state's exclusive economic zone (EEZ) and would otherwise be considered international waters.
The dispute over the extended continental shelf in the Southern Zone Sea between Argentina and Chile is a disagreement between the two countries over a maritime area of 5,302 km² that began after Argentina attempted to extend its maritime space based on the theory of the extended continental shelf over the Southern Zone Sea, south of Point F as agreed in the 1984 treaty, in an area claimed by Chile as part of its "presential sea", and now as part of its continental shelf projected from the Diego Ramírez Islands.
The Sea of the Southern Zone or Southern Zone Sea is the name given by Argentina and Chile to the maritime area whose boundaries were undefined, located south of the Isla Grande de Tierra del Fuego. This maritime space was subject to delimitation in the Treaty of Peace and Friendship of 1984 between Chile and Argentina, which ended the Beagle conflict or "Southern Zone conflict."
The continental shelf of Chile refers to the underwater extension adjacent to the Chilean coasts that stretches from the shoreline to the edge of the continental shelf in the Pacific Ocean and the Southern Ocean.