Analysis of the Jurisprudence of Article 58 of the United Nations Convention on the Law of the Sea (UNCLOS) and the Positions of West African Countries

Abstract

Article 58 of the United Nations Convention on the Law of the Sea (UNCLOS) addresses the rights and obligations of States in the exclusive economic zones (EEZ) of other States. It guarantees third-party States the freedom of navigation, the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these activities. However, these rights must be exercised in accordance with the laws and regulations of the coastal State and the UNCLOS itself. The jurisprudential analysis of this article reveals various interpretations, often influenced by distinct national contexts and interests. Disputes related to the EEZ mainly focus on issues of maritime delimitation, the exploitation of natural resources, and the protection of the marine environment. West African countries, rich in marine resources, have diverse positions depending on their economic, security, and environmental interests. Some favor a strict application of their sovereign rights to maximize economic benefits and resource sustainability, while others advocate for regional cooperation to manage potential conflicts and strengthen maritime security. In summary, Article 58 of UNCLOS is essential for balancing the interests of coastal States and third-party States in the EEZ while allowing for the harmonious management of maritime resources and maritime security.