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34 Int'l J. Marine & Coastal L. 1 (2019)

handle is hein.journals/ljmc34 and id is 1 raw text is: 

                     THE INTERNATIONAL JOURNAL OF                MARINE
                                                               AND COASTAL
 BRILL            MARINE AND COASTAL LAW 34 (2019) 1--5
NIJIH OFF                                                     brill.com/estu



Peaceful and Military Uses of the E EZ: Exploring

the 'Due Regard' Obligation: Introduction



'Due regard' is a common expression in the 1982 UN Convention on the Law
of the Sea (LOSC),1 occurring no fewer than sixteen times in the main text, i.e.,
not counting the annexes. Used to express an obligation (to have due regard to
other rights, duties or interests), the phrase is employed significantly in four
provisions of the LOSC: one on the high seas, one on the Area, and two on the
exclusive economic zone.
   For the high seas, an obligation to have due regard is mentioned in Article 87
LOSC. After having enunciated the elements of the freedom of the high seas in
the first paragraph, the second paragraph provides that: 'These freedoms shall
be exercised by all States with due regard for the interests of other States in
their exercise of the freedom of the high seas, and also with due regard for the
rights under this Convention with respect to activities in the Area'.
   Concerning the Area, a 'due regard' obligation is mentioned in Article 142
LOSC, in relation to activities conducted in this international zone: 'Activities
in the Area, with respect to resource deposits in the Area which lie across lim-
its of national jurisdiction, shall be conducted with due regardto the rights and
legitimate interests of any coastal State across whose jurisdiction such depos-
its lie'.
   Finally, 'due regard' obligations are mentioned in Articles 56 and 58 LOSC on
the uses of the exclusive economic zone (EEZ). These two provisions are two
sides of the same coin, both being designed to strike the right balance between
the rights and duties of the coastal States, and those of other States. Article 56
sets out the 'sovereign rights' of the coastal State in the EEZ in the first para-
graph, and then states in the second paragraph that: 'In exercising its rights
and performing its duties under this Convention in the exclusive economic
zone, the coastal State shall have due regard to the rights and duties of other
States [...]', while acting in a manner that is compatible with the Convention.
Article 58 governs the 'rights and duties of other States in the exclusive eco-
nomic zone' of a coastal State. It specifies that:

i United Nations Convention on the Law of the Sea (LOS C) (Montego Bay, io December 1982,
   in force 16 November 1994) 1833 UNTS 3.


( KONINKLIJKE BRILL NV, LEIDEN, 2018 1 DOI:10.1163/15718085-23341060

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