Military Activities In And Over The Exclusive Economic Zone

Abstract

The Exclusive Economic Zone (EEZ) was created for the purpose of giving coastal States greater control over the resources adjacent to their coasts out to 200 nautical miles (nm). Unfortunately, over the years, some coastal States have sought to expand their jurisdiction in the EEZ by attempting to exercise control over non-resource-related activities, including many military activities. These excessive coastal State claims in the EEZ have no basis in customary international law or the United Nations Convention on the Law of the Sea (UNCLOS). State practice, prior to and subsequent to the adoption of UNCLOS, confirms that military forces routinely conduct military activities seaward of the 12-nm territorial sea without coastal State notice or consent. This chapter addresses the views expressed by some that the international community should develop guidelines to regulate military activities in the EEZ. It illustrates the Nippon Foundation Guidelines as an example. Keywords: coastal states; customary international law; exclusive economic zone (EEZ); international community; military activities; Nippon Foundation Guidelines; UNCLOS