Prospective Guidelines for Navigation and Overflight in the Exclusive Economic Zone

摘要

Much has changed over the last 25 years and international law is still evolving with regard to the implementation of the EEZ regime. The Guidelines for Navigation and Overflight in the EEZ produced by the EEZ Group 21 are intended to contribute to more effective implementation of the regime and improved oceans management generally. They recognise the general principle that military activities in the EEZ, including military surveying and intelligence collection, are part of the freedoms of navigation, overflight, and engagement in other internationally lawful uses of the sea associated with the operations of ships and aircraft. However, the Guidelines also recognise that these freedoms are not absolute and must be conducted with 'due regard' to the rights and obligations of the coastal state in its EEZ. The Guidelines are intended to assist in clarifying what might be considered as not having 'due regard' to the rights and duties of the various parties.