Brace for Impact: Military Activities in the EEZ and Varying State Practice

Abstract

The issue of the legality of military activities conducted in the exclusive economic zones of other states is a contentious issue within the law of the sea. This contentiousness stems from the ambiguity of several key provisions of UNCLOS. In turn, this ambiguousness has resulted in varying interpretations of UNCLOS and a sharply divided state practice. This has also resulted in a number of serious international incidents, including an incident which occurred in early 2022 between Russia and Ireland where the former planned to conduct military exercises in Ireland’s exclusive economic zone. In an attempt to settle this contentious issue, the current law regulating the exclusive economic zone, three varying interpretations of UNCLOS as well as state practice is determined and analysed. It is concluded that states have the right under Article 58 of UNCLOS to conduct military activities within the exclusive economic zone of another state without the consent of the coastal state. This right, however, is qualified by the obligation of due regard and the exercise of this right may not amount to a threat or use of force against the coastal state.