Coastal State jurisdiction over the EEZ and foreign military activities

Abstract

The article analyzes the issue of foreign military activities in the exclusive economic zone (EEZ) and the controversies in its legal regime, a rapidly evolving issue in the enforcement of the law of the seas that requires new contributions to current literature. First the article examines the main aspects surrounding this debate during the III Conference and the provisions and interpretative controversies relating to the 1982 United Nations Convention on the Law of the Sea, including the sui generis nature of the EEZ. Second, the article analyzes seven fundamental concepts and scenarios needed for a comprehensive understanding of the notion of military activities, naval activities in the EEZ and the delicate balance between the interests of the Foreign Flag State and the Coastal State. Thirdly, we present a brief analysis of the most recent case-law from different tribunals and how they have furthered the understanding of the notion of "military activities" both substantively and procedurally in terms of the dispute settlement mechanisms available in the 1982 Convention.