Military exclusion and warning zones on the high seas

Jon M. Van Dyke

Marine Policy, 1991, vol. 15, issue 3, 147-169

Abstract: The major maritime nations have claimed the right to use areas of the high seas in recent years for military activities such as the testing of missiles and nuclear weapons. When these activities occur, a 'warning' zone is typically declared and mariners are strongly advised to stay clear. Sometimes 'safety' or 'exclusion' zones are established, and other vessels are explicitly barred from entry. This article looks at whether these actions are consistent with the freedom of the sea as traditionally recognized by international law, or whether the establishment of a warning or exclusion zone constitutes an 'appropriation' of the high seas. It goes on to look at the concept of conducting any use of the high seas with 'due regard' for other legitimate uses.

Date: 1991
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