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

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Option <strong>for</strong> o<strong>the</strong>r States ?<br />

• States parties that have not made declarations under article<br />

298 could provoke a “dispute” on military activities <strong>in</strong> <strong>the</strong> <strong>EEZ</strong><br />

and <strong>in</strong>voke <strong>the</strong> compulsory b<strong>in</strong>d<strong>in</strong>g dispute settlement system<br />

<strong>in</strong> UNCLOS<br />

• An arbitral or judicial decision would strictly speak<strong>in</strong>g be<br />

b<strong>in</strong>d<strong>in</strong>g only on <strong>the</strong> parties to <strong>the</strong> dispute, but <strong>the</strong> decision<br />

would carry great weight as an “authoritative <strong>in</strong>terpretation” of<br />

UNCLOS

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