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Any state which wishes to conduct military exercises in an exclusive economic zone must first consult the coastal state

On April 7, the U.S.’s 7th Fleet Destroyer, the USS John Paul Jones, conducted a ‘Freedom of Navigation Operation’ 130 nautical miles west of the Lakshadweep Islands inside India’s Exclusive Economic Zone (EEZ). Not only was this exercise conducted without requesting India’s consent, but the U.S. 7th Fleet noted in its press release that India’s requirement of prior consent is “inconsistent with international law”. In its response, India asserted that the UN Convention on the Law of the Sea (UNCLOS) “does not authorize other States to carry out in the Exclusive Economic Zone and on the continental shelf, military exercises or manoeuvres, in particular those involving the use of weapons or explosives, without the consent of the coastal state”. Owing to the different positions of the two countries, legal questions emerge here. The question is, can countries carry out military exercises in another country’s EEZ and if yes, subject to what conditions? UNCLOS binds all its signatories and customary international law binds all states, subject to exceptions like the doctrine of persistent objector. Most of the provisions of the UNCLOS are the result of codification of the existing rules of customary international law. India is a party to the UNCLOS while the U.S. is not. As per the UNCLOS, EEZ is an area adjacent to the territorial waters of a coastal state where the sovereign coastal state has rights and duties relating to management of natural resources; establishment and use of artificial islands, installations and structures; marine scientific research; and protection of the marine environment.