Peaceful Purposes Reservations in the Law of the Sea Convention and the Regulation of Military Exercises or Maneuvers in the Exclusive Economic Zone

Abstract

The definition of peaceful purposes reservations (PPRs) in the Law of the Sea Convention (LOSC) is still elusive. Some scholars argue that its meaning is similar to the content of Article 301, LOSC, the prohibition of the use of force. Another group claims that such a narrow interpretation is inadequate and instead argues for a broader understanding that includes more than just the prohibition of the use of force. Whereas broad interpretations regarding PPRs in the international seabed area (Area) and on the high seas do not seem to prosper, the broad interpretations of PPRs in the exclusive economic zone (EEZ) are still worth discussing; many developing states restrict foreign military exercises or maneuvers (MEMs) in their EEZs by claiming that such activities are non-peaceful. Against this background, this Article asks whether the PPR restricts third states’ abilities to conduct MEMs in their EEZs. This investigation analyzes whether a broad interpretation of PPRs (especially regarding the EEZ) can be justified considering contemporary international law. To provide a comprehensive answer, this Article also examines the prohibition of the use of force in the EEZ as contained in Article 301, LOSC, and its influence on the lawfulness of MEMs. By tackling these topics, this Article aims to help understand the nature of military activities in EEZs, which are still controversial today and bear great political relevance to American foreign policy, including but not limited to activities in the South China Sea