Kilka uwag o dopuszczalności wykorzystania wyłącznej strefy ekonomicznej obcego państwa dla celów wojskowych
A few remarks on the legality of conducting military activities in a foreign exclusive economic zone

Summary/Abstract: Under the 1982 UN Convention on the law of the sea, the exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to specific regime. In particular, the EEZ regime developed new principles relating both to the rights and the responsibilities of costal and maritime states within their sphere of influence. However, not all questions have been addressed in a definitive and comprehensive manner. One of them is the issue of the legality of conducting military operations in the exclusive economic zone without costal state notice or consent. Although the maritime countries view the law of the sea Convention as permitting naves to operate in the EEZ’s of other countries just as they operate on the high seas, some costal states argue that different rules apply and such an activity is manifestly illegal. This paper examines the competing views on these problems. The author argues that, under the Convention, military activities and exercises are not generally prohibited in a foreign EEZ. Nevertheless, conducting such operations, all states shall have due regard to the rights and duties of the costal state in the latter exclusive economic zone.

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