Military and intelligence gathering activities in the EEZ: definition of key terms

摘要

In the practice of States and in discussions relating to military and intelligence gathering activities in exclusive economic zones, there is a lack of common understanding with regard to some of the key terms in the 1982 UN Convention on the Law of the Sea. This chapter reviews the origin and use and interpretation of such terms as "peaceful uses," "peaceful purpose," "freedom of navigation and overflight," "residual rights," "other internationally lawful uses of the sea," "installations and structures," "due regard," "normal mode," hostile intent, and abuse of rights with a view to clarifying their agreed meaning and identifying any areas of disagreement.