Chapter 6. Intelligence Gathering on the High Seas

Abstract

This chapter discusses legal issues posed by intelligence gathering activities on and underneath surface of high seas. Related to operational rights acknowledged by law of sea, intelligence can be used, inter alia , as an effective tool towards eliminating surprise. Based on sharing of authority at sea among coastal and flag States, maritime zones may be classified in three distinct categories: a) zones of national jurisdiction, including internal waters, territorial and archipelagic waters, and to a certain extent straits used for international navigation; b) zones where a coastal State exercises sovereign rights with respect to resource exploitation oriented activities, i. e. continental shelf and exclusive economic zone (EEZ); and, finally, c) zones of inclusive jurisdiction, i. e. high seas areas. According to article 88 of LOS Convention, the high seas are reserved for peaceful purposes. Keywords: archipelagic waters; article 88; exclusive economic zone (EEZ); inter alia; LOS convention; maritime zones; national jurisdiction