A hybrid theory on military activities within the Exclusive Economic Zone

Sancak, Cihan 2025. A hybrid theory on military activities within the Exclusive Economic Zone. PhD Thesis, Cardiff University. Item availability restricted.

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Abstract

This thesis focuses on the legal status of military activities in the EEZ, which is a long-standing issue with significant implications in practice. The EEZ regime has emerged as one of the central innovations of UNCLOS III. However, the Convention contains no explicit provision on the permissibility of military activities in this zone. This silence is an intentional outcome of the package-deal logic of UNCLOS III, which left the matter to be shaped by state practice. However, this openness has generated persistent disputes, as interpretations of military activities are often driven by strategic interests rather than by the balancing logic at the core of the EEZ regime. This thesis addresses this issue by advancing a functional framework which it terms as the Hybrid Theory. Within the Hybrid Theory, military activities are classified according to their purpose, nature, and effects in the EEZ, and their legal treatment is determined on that basis. Part II examines the first category identified in this thesis: data-collection oriented activities, with particular focus on hydrographic surveys. It concludes that these activities should fall within coastal state jurisdiction because they currently affect the economic and environmental interests of the coastal states in the EEZ recognised under UNCLOS. Part III addresses the second category: material military activities, such as manoeuvres, exercises, weapons testing, and intelligence gathering. In this Part, this thesis introduces the concept of “regulated freedoms” for these activities. It is demonstrated that they are permissible in principle, but not absolute freedoms. It is further shown that their exercise must be disciplined by substantive and procedural limits. The Hybrid Theory is based on the compromise underlying the EEZ regime. Ultimately, the thesis demonstrates that UNCLOS already provides the interpretive tools to regulate military activities in the EEZ and affirms that UNCLOS is an adaptive legal framework for managing contemporary disputes.

Item Type:	Thesis (PhD)
Date Type:	Completion
Status:	Unpublished
Schools:	Schools > Law
Subjects:	K Law > K Law (General) K Law > KZ Law of Nations
Uncontrolled Keywords:	Law of the Sea, UNCLOS, Exclusive Economic Zone (EEZ), Military Activities at Sea, Hydrographic Surveys, Marine Scientific Research (MSR), Military Exercises and Manoeuvres, Intelligence Gathering at Sea, Due Regard, Functional Approach, Coastal State Jurisdiction, Peaceful Purposes, Regulated Freedoms
Date of First Compliant Deposit:	15 April 2026
Last Modified:	15 Apr 2026 13:49
URI:	https://orca.cardiff.ac.uk/id/eprint/186422

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