THE LEGAL CONTROVERSY REGARDING MILITARY AND INTELLIGENCE GATHERING ACTIVITIES IN THE EXCLUSIVE ECONOMIC ZONE AND THE SECURITY OF THIS SPACE
THE LEGAL CONTROVERSY REGARDING MILITARY AND INTELLIGENCE GATHERING ACTIVITIES IN THE EXCLUSIVE ECONOMIC ZONE AND THE SECURITY OF THIS SPACE
Author(s): Oana AdăscăliţeiSubject(s): Economic policy, Security and defense, Military policy, Peace and Conflict Studies
Published by: Carol I National Defence University Publishing House
Keywords: EEZ; “peaceful uses/purposes”; “freedom of navigation and overflight”; “other lawful uses of the sea”; “due regard”; “residual rights”; “conflict management” ; “security aspects”;
Summary/Abstract: The legal regime of the Exclusive Economic Zone (EEZ) as acknowledged by the United Nations Convention on the Law of the Sea (UNCLOS) 1982 is based on the fragile balance between the right to navigation and overflight of third countries and the rights of the coast state. An extremely advanced technology allows nowadays of carrying out military and intelligence gathering activities in the EEZ of a foreign country on a more frequent, intrusive and dangerous basis than at the moment of drafting the UNCLOS 1982 Convention. The balance is no longer there. The controversy is centred first of all on military manoeuvres, hydrographical and military surveys in the EEZ of another state. Do these activities comply with the international law and with the UNCLOS Convention? The legal dispute is based on the interpretation of relevant provisions of the Convention and on the modalities to manage conflicts. This article aims at analyzing a part of the controversial terms: “peaceful uses/purposes”; “freedom of navigation and overflight”; “residual rights”; “other internationally lawful uses of the sea”. Likewise, suggested modalities to manage disputes will be mentioned.
Journal: Strategic Impact
- Issue Year: 2010
- Issue No: 36
- Page Range: 78-88
- Page Count: 11
- Language: English