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Dissertation
The balancing need: military activities in the exclusive economic zone of another state and the Convention of the Law of the Sea
Authors: --- --- ---
Year: 2014 Publisher: Leuven : K.U. Leuven. Faculteit Rechtsgeleerdheid

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Abstract

Military activities are regularly conducted at sea. Military maneuvers, the placing of military devices and intelligence gathering activities such as marine scientific research, hydrographic and military surveys are the most important. The conduct of such activities is controversial when it is carried out within the exclusive economic zone. The United Nations Convention on the Law of the Sea and the Guidelines for navigation and overflight in the EEZ do not address the matter of military activities. For that reason, there are many diverging interpretations of those provisions. Especially 'other internationally lawful uses' in article 58 of the Convention seem to cause much trouble. Article 59 of the Convention is the basis on which disputes concerning conflicting rights should be solved, taking into account equity and relevant circumstances. When the military activities are analysed against the legal framework, it appears that it is insufficient to assess the lawfulness. Accordingly, a balancing test is needed. This balancing test originates from article 59, but equity and relevant circumstance alone are not sufficient to establish an equitable balance. Therefore, the principles of due regard, reasonableness and legitimate interests, which are extracted both from maritime as well as general international law, must be incorporated in the balancing exercise for the most equitable result.The balancing need can be undermined by different interpretation of the peaceful purposes requirement. It is argued that this requirement prohibits any form of military activity to be conducted at sea. Furthermore, coastal states can think that the military activities are uses of force, which are prohibited by article 301 of the Convention. In that case, the coastal state might exercise the right to self-defence. Both these interpretations make the balancing exercise unnecessary. In practice it is observed that there is many legal uncertainty. Many incidents have already occurred b...

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Book
The Outsider
Authors: --- --- --- --- --- et al.
ISBN: 9789464363104 Year: 2021 Publisher: [Place of publication unknown] Stockmans Art Books

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