Military Activities in the EEZ: Legal Issues - Centre for International ...

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Controversy over Article 58 – Position of US State Dept • Under article 58(1), all States have the right to conduct military activities within the EEZ, but may only do so consistently with the obligation to have due regard to coastal State resource and other rights, as well as the rights of other States as set forth in the Convention. • It is the duty of the flag State, not the right of the coastal State, to enforce this "due regard" obligation.
Due Regard Obligation •Is a procedural duty on both coastal States and other States to take into consideration each other’s legitimate rights under UNCLOS •Is “an express recognition of the general need for the accommodation of uses” and involves a “balancing” of the rights, jurisdiction and duties of the coastal State with the rights and duties of other States in the EEZ
Page 1 and 2: RSIS-OPRF International Conference
Page 3 and 4: Part 1 Key Provisions of EEZ Regime
Page 5 and 6: Nature of EEZ Regime • EEZ is a m
Page 7 and 8: Article 56 - Rights of Coastal Stat
Page 9 and 10: Article 56 - Due Regard Obligation
Page 11 and 12: Part 2 Military Activities in the E
Page 13 and 14: Article 87. Freedom of the High Sea
Page 15 and 16: Arts 56 & 73- Jurisdiction of Coast
Page 17 and 18: Article 58 Limitations - Due Regard
Page 19 and 20: Article 88. Peaceful Purposes • A
Page 21 and 22: Summary of Limitations on Military
Page 23: Controversy over Article 58 - Posit
Page 27 and 28: Controversy over Article 58 - Query
Page 29 and 30: UNCLOS Part XV • General Principl
Page 31 and 32: Article 297(1)(a) • (a) when it i
Page 33 and 34: Dispute Settlement & Military Activ
Page 35 and 36: Option for other States ? • State
Page 37 and 38: Part 5 Conclusions

Military Activities in the EEZ: Legal Issues - Centre for International ...

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