海洋法上 배타적 경제수역에서의 軍事活動 問題

Military Activities in the EEZ under the Law of the Sea

The UN Convention on the Law of the Sea does not authorize the coastal state to prohibit military exercises in its EEZ or does not authorize foreign states to carry out military exercises or maneuvers in the EEZ of the coastal state. However, there is no doubt that, in the EEZ, all states enjoy the freedoms of navigation and overflight, subject to the relevant provisions of the UN Convention, which means a third state may conduct military activities in the EEZ of a coastal state without prior consent or notice. But, even if all states have navigational and overflight rights in the EEZ of the coastal state in the UN Convention, these rights should be balanced against the resource interests of the coastal state. If there is interference in the coastal state's economic utilization of its EEZ, further limitations on the above mentioned freedom of navigation and overflight should be accepted. Therefore, conflicts between coastal and maritime states regarding military activities in the EEZ "should be resolved on the basis of equity and in the light of all relevant circumstances, taking into account the respective importance of the interests involved to the parties as well as to the international community as a whole."