Under the UN Convention on the Law of the Sea (UNCLOS) a coastal state has only limited sovereign rights and jurisdiction in its Exclusive Economic Zone (EEZ) – a maritime zone extending up to 200 nautical miles from shore. These rights pertain mainly to the exploration, exploitation, conservation and management of natural resources (living and non-living) and the protection of the marine environment. Pursuant to Article 58 of UNCLOS, all states enjoy various high seas freedoms in the coastal state’s EEZ, including freedom of navigation “and other internationally lawful uses of the sea related to these freedoms”. The EEZ is therefore a hybrid maritime zone in which some sovereign rights of the coastal state overlap with high seas freedoms of all states. Article 58 requires that in the exercise of these freedoms states ‘shall have due regard to the rights and duties of the coastal state.’
While states are not obliged, in most cases, to inform the coastal authorities of any proposed naval exercises, my Department’s attention has indeed been drawn to some such exercises that have taken place in Ireland’s EEZ in the past. Where relevant, officials have engaged with the states concerned, including to ensure that any such exercises are conducted with due regard to our own exercise of sovereign rights in the area. Where a planned exercise includes use of international airspace, the state concerned must follow the agreed international procedure (as set down by the International Civil Aviation Organisation) for notifying the relevant authorities responsible for providing air traffic control services for the airspace affected.
I want to take this opportunity to distinguish between this and the situation regarding our territorial sea, which extends up to 12 nautical miles from shore. The coastal state exercises sovereignty within its territorial sea subject to the relevant rules of international law. Within the territorial sea of a coastal state the ships of other states, including their warships, enjoy the right of innocent passage only – not freedom of navigation. This means that naval exercise may not be conducted by them within the territorial sea except with the express consent of the coastal state. The submarines of other states are required to navigate on the surface.
Should a foreign naval or other state vessel used for non-commercial purposes wish to access an Irish port or harbour, my permission is required as Minister for Foreign Affairs, and a diplomatic clearance procedure is in place to consider requests for such permissions.
