| Abstract [eng] |
Military Uses of the Sea The master thesis examines the military activities’ (not directed against another State‘s territorial integrity or political independence) feasibility and intensity in different sea areas. The first part of the paper discusses the possibility of military activities in internal waters and territorial sea. It also analyzes the right of innocent passage and its contact with the military activities carried out by the coastal and foreign States. The master thesis discusses the regime of straits used for international navigation and overflight right, it also contains evaluation of territorial sea of the Republic of Lithuania in the context of military activities. The conclusion is made, that the coastal state in its internal waters and seabed can implement any military activities which is compatible with the principles of international law, however in the territorial sea the military activities by the coastal state is limited to the right of innocent passage. The second part of the thesis deals with the regime of exclusive economic zone. This section provides the analysis of the genesis and national claims of the exclusive economic zone. The research focuses on the interpretation of the United Nations Convention on the Law of the Sea and on the issue of coastal State‘s use of force in the exclusive economic zone issue. The thesis presents practical solutions to the problems of exclusive economic zone regime and evaluation of military uses of the Lithuania‘s exclusive economic zone. It was found that military activities in the exclusive economic zone of coastal States engaged in by foreign States are permitted as long as such activities do not pose a threat to international peace and security of the coastal State. The last section of part two deals with military uses of the continental shelf without consent of the coastal State. The third part of the research contains analysis of the military use of the high seas. This section attempts to explain the intensity of military activities which are permitted on the high seas, and the specific conditions for implementation of such actions. The conclusion is made, that military maneuvers which are not directed against another States‘ territorial integrity or political independence are permitted by customary international law. Much attention in the paper is paid to the legal evaluation of nuclear weapons tests on the sea finding that testing nuclear and other weapons of mass destruction are prohibited by customary international law. The master thesis discusses the concept of peaceful uses of the ocean clause in contact with other international treaties. Lastly, the paper studies the legality of military operations on the Area. |
