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3 Bahcesehir Cyrprus Univ. L.J. 1 (2025)

handle is hein.journals/bahcyunlw3 and id is 1 raw text is: 





Legal Challenges and Constraints on Military Exploitation by

  Third States in Exclusive Economic Zones under the Law of

                                         the  Sea


                                   Sobhan Tayebi*



                                        ABSTRACT

The exclusive economic zone is recognized as one of the seven maritime zones under the Law of the
Sea. It establishes specific conditions for exploitation under the jurisdiction of coastal states.
Consequently, the Convention on the Law of the Sea delineates the rights of both coastal states and
third states regarding exploitation. However, the Convention lacks a clear framework for military
exploitation, leading to divergent interpretations among states. Although Article 58  of the
Convention  on the Law of the Sea addresses the passage of ships, it remains unclear how military
exploitation by non-coastal states is regulated in this zone. In this context, maritime diplomacy plays
a crucial role in fostering bilateral or multilateral cooperation for military exploitation in this maritime
zone, preventing disputes, and resolving conflicts arising from such activities. The findings of this
study suggest that the Convention on the Law of the Sea prohibits military activities in the exclusive
economic   zone due  to  their non-peaceful nature and  their harmful effects on the  marine
environment.  If third states fail to adequately respect the rights and interests of coastal states,
appropriate restrictions should be imposed.

Keywords:  1982 Convention; Exclusive Economic Zone; Third State; Miitary Activities; Coastal State




























* Assistant Professor, Department of Political Science and International Relations, Faculty of Economics,
Administrative and  Social Sciences, Bahgegehir Cyprus  University, Nicosia, Northern Cyprus,
sobhan.tayebicba-Lvprus edu.tr; Scientific member, Canadian Institute of International Law Expertise and
Vice-editor-in-chief (CIFILE Journal), Toronto, CA (2019-2025); Assistant Professor (International Law),
Islamic Azad University (South Tehran Branch), Tehran, IR (2023-2025). ORCID: 0000-0002-2668-8574.
ARTICLE   HISTORY:   Received on 03 April 2025, accepted on 27 April 2025.