Guidelines for navigation and overflight in the exclusive economic zone

Several significant international incidents in Asian exclusive economic zones (EEZs) have underscored the ambiguity and lack of agreement regarding the regime governing foreign military activities in coastal States' EEZs. A group of senior officials and analysts participated in their personal capacities in a dialogue from 2002-2005 that discussed the issues with a view to improving mutual understanding of the regime and finding areas of agreement. The Tokyo meeting in September 2005 reached consensus on some voluntary, non-binding guidelines that are presented here. The guidelines are based selectively on the 1982 UNCLOS, State practice and emerging 'soft' law, and attempt to balance the interests of coastal States and user States. It is hoped that they may serve as the basis for discussion and eventual agreements between governments.