Dear Maurice, dear Chris Carlton,
I refer to the table on "National Claims to Maritime Jurisdiction"
circulated by both of you. I would just like make two minor points
concerning the respective German claims:
1. Due to obvious geogrphical reasons, Germany cannot - and indeed did not -
claim a 200 sm EEZ. The "Proclamation of 25 November 1994 by the Federal
Republic of Germany concerning the establishment of an exclusive economic
zone of the Federal Republic of Germany in the North Sea and in the Baltic
Sea" (effective on 1/1/1995)defines the outer limit of this maritime zone by
reference to a number of coordinates (18 for the North Sea and 46 for the
Baltic Sea ["visualized" in Maritime Boundaries Charts 2920 and 2921], none
of which is anywhere close to the EEZ's maximum outer limit of 200 sm. It
remains, however, a rather interesting question, if at all, and and if yes,
what impact precisely these and similar declarations by other EU members
might have on the far-reaching claims to "EU waters". This is worth a
discussion on its own. Anyhow, according to its own national legislation,
Germany does claim a 200 sm EEZ, but rather a portion of the sea well
defined by geographical coordinates.
2. The breadth of Germany's territorial Sea is not only exceeding the 12 sm
limit to the west of Helgoland (as correctly indicated in Fn. 9). According
to the "Proclamation of 11 November 1994 by the Government of the Federal
Republic of Germany concerning the extension of the breadth of the German
territorial sea" Germany, in certain parts of the Baltic Sea, also extends
its territorial waters to considerably less than this maximum breadth. In
the same Procalamtion it, however, "comments" this delineation as follows:
"In some areas of the Baltic Sea, the breadth of the territorial sea as
extended by virtue of the present Proclamation is less than the twelve
nautical miles permitted under international law. This shall not be
construed as meaning a renunciation of the Federal Republic of Germany's
legal claim to the full breadth of the territorial sea."
In my understanding, this means that at present Germany is not claiming an
overall 12 sm zone, but preserves its right to do so in the future. A minor
comment, but may be an interesting one.
Regards
Daniel-Erasmus Khan
Munich
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