Recreation and Tourism

In the territorial sea and the landward part of the coast, the coastal State has sovereignty which covers uses of the coast and of the sea including recreation and tourism.  The sovereignty in the territorial sea is exercised subject to UNCLOS and to other rules of international law (article 2).

In the exclusive economic zone, the coastal State has sovereign rights with regard to all activities for the economic exploration and exploitation of the zone, including recreation and tourism.  In exercising its rights and performing its duties in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States, including their freedoms of navigation and communication in that zone (articles 56 and 58). 

In the high seas, all States can exercise freedom of the high seas. High seas are open to all States, including for the purposes of recreation and tourism, provided that States do not purport to subject any part of the high seas to their sovereignty (articles 87 and 89).

If the recreation and tourism activities involve the use of ships, as in the case of the cruise ship industry, it is important to note that the jurisdiction and control in administrative, technical and social matters over a ship are exercised by its flag State, that is the State whose flag the ship flies (article 94).

The legal regime for the protection and preservation of the marine environment, as set forth in Part XII of the Convention, is pertinent for all marine resources and uses of the sea, but especially for recreation and tourism in marine and coastal areas (see, in general, articles 192-237).   Since many, if not most, activities relating to marine recreation and tourism have a land-based component, of particular relevance are the provisions relating to the prevention, reduction and control of pollution of the marine environment from land-based sources (articles 207 and 213).  The legal regime governing the safety of navigation and the prevention of pollution from cruise ships is the same as that applicable to merchant ships. This includes the legal regime for the prevention, reduction and control of pollution of the marine environment by dumping and from vessels (articles 211 and 217-221).