Skip to Main content Skip to Navigation
Journal articles

The Limitations on Military Activities by Third States in the EEZ Resulting from Environmental Law

Abstract : In the EEZ, the supposed freedom of states to conduct military activities encounters the rights and duties of coastal states regarding conservation of marine resources and environmental preservation. This article focuses on the relationship between these two specific but not always compatible interests and asks: how should they be combined? Could international environmental law rules be interpreted as a limitation to the conduct of military activities in the EEZ? What are the concrete obligations of states to fulfil their environmental duties, and how far are they compatible with the conduct of other activities? The 'due diligence' obligation to protect the marine environment is interpreted as going further than the 'due regard' standard enshrined in Articles 56 and 58 of the LOSC. Accordingly, this article assumes that it is a positive obligation, implying specific consequences, such as the conduct of environmental impact assessments when the activity risks causing damage. Keywords exclusive economic zone (EEZ)-protection of the marine environment-military activities-pollution-due diligence obligation-1X
Complete list of metadatas

Cited literature [12 references]  Display  Hide  Download

https://hal.archives-ouvertes.fr/hal-02514646
Contributor : Pascale Ricard <>
Submitted on : Sunday, March 22, 2020 - 6:12:06 PM
Last modification on : Tuesday, April 21, 2020 - 2:01:21 AM

File

Ricard_IJMCL_2019.pdf
Files produced by the author(s)

Identifiers

Collections

Citation

Pascale Ricard. The Limitations on Military Activities by Third States in the EEZ Resulting from Environmental Law. International Journal of Marine and Coastal Law, Brill Academic Publishers, 2019, 34 (1), pp. 144-165. ⟨10.1163/15718085-23341038⟩. ⟨hal-02514646⟩

Share

Metrics

Record views

122

Files downloads

374