ABSTRACT
The regime of freedom of the seas is changing as states make and enforce laws based on the United Nations Convention on the Law of the Sea (UNCLOS), which provides a new legal order for most maritime activities, although it deliberately neglects the contentious issues related to military activities. 1 This chapter reviews the relationship between the concept of freedom of seas and modern law of sea in order to illustrate that the notion of freedom of seas has varied over time with the interests of maritime powers and the interests of the other coastal states. The chapter also addresses the relevant provisions of UNCLOS, especially the regimes for navigation, to show that there is a modern regime of freedom of the seas established by that convention. Finally the chapter addresses specific issues that arise from military activity in the exclusive economic zone (EEZ) and concludes that military activities in the EEZ are addressed in UNCLOS as “residual rights” that should be the basis for intensive future discussion.
