“ESSE MAR É MEU!” A PRÁTICA DE EXERCÍCIOS OU MANOBRAS MILITARES ESTRANGEIROS NA ZONA ECONÔMICA EXCLUSIVA

Abstract

This monographic work seeks to answer the question: what does international law say about the conduct of foreign military exercises or maneuvers in the exclusive economic zone (EEZ)? In general terms, the context of this endeavor is that some coastal states require their consent for third parties to conduct such activities in their EEZs, while others claim to be free to do so, regardless of the coastal state's consent. The issue, beyond its political content, is full of questions, which concern, above all, the legal regime applicable to the EEZ and the application of the prohibition of the use of force in this maritime space. With this in mind, the first chapter deals with the international law of the sea in contemporary times, from the beginning of the 20th century to the present. The second chapter is dedicated to detailing the legal regime applicable to the EEZ, both according to the United Nations Convention on the Law of the Sea and to customary international law. In a first step, the general aspects of the regime are detailed. Secondly, the regime is analyzed focusing on the practice of military exercises or maneuvers. The third chapter deals with the prohibition of the use of force. Similarly to the previous chapter, first the general aspects are examined, and then the issue in focus. The paper ends with specific conclusions, leading to a general and defining conclusion.