The Respect of Other States' Rights (Freedom of Navigation and Other Rights and Freedoms Set Out in the losc) as a Limitation to the Military Uses of the eez by Third States

摘要

Due regard appears as the key notion to articulate rights recognized by the tow, to coastal states in their EEZ and the rights of third states. Little attention is paid by the LOSC to the relations between third states conducting activities in the EEZ of a coastal state apart from the laying of cables. Third states enjoy all freedoms of the high seas compatible with the rights expressly granted to the coastal state. Although no specific provision regulates the relations between third states in the use of these rights, it is argued that the obligation of due regard prevailing in the high seas under Article 87(2) should also apply between third states in the EEZ of a coastal state. However, for military activities not listed in Article 87(1), the answer is uncertain due to the opposite views of states concerning such activities by third states in their EEZ.