Publication Details

Bateman, S. (2007). The regime of the exclusive economic zone: military activities and the need for compromise?. In T. M. Ndiaye & R. Wolfrum (Eds.), Law of the Sea, Environmental Law and Settlement of Disputes (pp. 569-582). Leiden: Martinus Nijhoff Publishers.

Additional Publication Information

ISBN: 9789004161566


Military activities in the an exclusive economic zone (EEZ) were a controversial issue at the Third UN Conference on the Law of the Sea (UNCLOS III) and remain so in State practice. Some coastal States claim that other States cannot carry out military activities, including naval exercises and military surveying, in their EEZ without their consent, and have sought to apply restrictions on navigation and overflight in this zone. This “thickening” of jurisdiction over activities in the EEZ is strongly opposed by other States, particularly the major maritime powers. This contribution addresses some of the practical considerations associated with this division of views. It highlights the need for compromise between the positions of some coastal States on the one hand and the major maritime powers on the other. Because relevant disputes involve military activities, it is unlikely that they would be brought before a court or tribunal under article 297 paragraph 2 or 3 of the 1982 UN Convention on the Law of the Sea (UNCLOS).

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