Designing with due regard - Uncrewed maritime surveillance in the Exclusive Economic Zone

Oct 22, 2026

Uploaded by Cipher

Designing with due regard examines how the UN Convention on the Law of the Sea (UNCLOS) regulates surveillance carried out by uncrewed maritime vehicles (UMVs) in the Exclusive Economic Zone (EEZ) of foreign states, and how the law may constrain UMV design. The paper explains why military surveillance in the EEZ is contested, identifies uncertainties and legal gaps that can drive diplomatic and military confrontation, and proposes design capabilities and due-regard practices to reduce the risk of international conflict.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages2

Reading Time5 min

AccessFree to download

Overview

UMVs and maritime surveillance capabilities

UNCLOS regulation in the EEZ

Legal controversy

Zonal rules and EEZ sovereign rights

Compromise behind UNCLOS and unresolved military activities

Risk-reducing UMV design choices

Communication of naval character and military purpose

Due regard, impact assessment, and avoidance of disruption

Conclusion

Designing with due regard Uncrewed maritime surveillance in the Exclusive Economic Zone Simon McKenzie Keeping watch over the vast expanse of the ocean is expensive and difficult. The strategic value in having a better picture of what is happening in the maritime domain has led States to invest in a diverse range of surveillance assets, including uncrewed maritime vehicles (UMVs). As the use of these devices becomes more widespread, major maritime powers will know an unprecedented amount of real-time information about what is happening on and under the surface of the ocean. But can the law of the sea resolve disputes between coastal States and other States regarding the use of surveillance UMVs? Uncrewed devices increasing feature in maritime surveillance UMVs encompass a broad range of technology. They can operate on or below the surface; and they can be remotely controlled, pre-programmed, or have the capacity for at least some autonomous operation. The nature and capacities of each device will depend on their mission and purpose. These devices are already being used for military maritime surveillance, including hydrographic surveys, acoustic monitoring, environmental monitoring, and real-time surveillance feeds to military planners. This paper considers how the United Nations Convention on the Law of the Sea (UNCLOS) regulates surveillance by UMVs in the CRICOS Provider 00025B TEQSA PRV12080 Exclusive Economic Zone (EEZ) of foreign states, and if and how this law will constrain UMV design. It also identifies uncertainties and gaps in the legal regime that may lead to conflict. The legality of military surveillance in the EEZ is contested The development of UMVs has the potential to dramatically increase the possible scale of intelligence gathering operations in foreign EEZs. Intelligence gathering of this scale was not possible when UNCLOS was negotiated, and the strategic and legal implications were not accounted for in the compromise struck by the States party to the agreement. UNCLOS sets out the basic rules governing the use by States of the ocean, including where ships (including UMVs) are permitted to go, what they are allowed to do when they are there, and how other States may respond to them. It does this by dividing the ocean into different zones with different balances of rights and obligations between coastal States and other States. Consequently, the relevant rules depend on the jurisdictional zone where a UMV is deployed. Other than internal waters, the zone of ocean closest to the coast—the territorial sea—is the area of maximum coastal State control. The coastal State has territorial sovereignty over this area and its use by other States is tightly constrained. Beyond the territorial sea is the EEZ, an area that extends up to 200 nautical miles from the coastal baseline. In the EEZ, the coastal State has specific sovereign rights enumerated in UNCLOS, but not absolute territorial sovereignty. Military activities in the EEZ have been controversial since the zone was first formalised in international law. It was a compromise between maritime powers and coastal States, and part of the ‘package deal’ of UNCLOS that recognised the rights of coastal States to economic resources within the EEZ, while still protecting the access of other States to the area for noneconomic purposes. The negotiated solution found in UNCLOS does not deal explicitly with military activities, leaving room for different interpretations. It has resulted in several diplomatic and military confrontations between some of the world’s leading powers and has been the subject of much academic debate. The central point of contention is the extent to which UNCLOS permits other States to carry out military activities, including surveillance, within the EEZ of a coastal State. The stakes are high: while some see military activities as being an unacceptable threat to the sovereignty of a coastal State, others see them as ensur

FAQs

How does UNCLOS regulate the deployment of UMVs in a foreign EEZ?

UNCLOS divides the ocean into zones with different balances of rights and obligations, so the applicable rules depend on where the UMV is deployed. In the EEZ, the coastal state holds enumerated sovereign rights rather than absolute territorial sovereignty.

Why is the legality of military surveillance in the EEZ considered controversial?

UNCLOS does not explicitly address military activities, leaving room for competing interpretations. As a result, different states draw different conclusions about whether surveillance in the EEZ threatens sovereignty or supports protection of trade and undersea infrastructure.

What UMV design choices are proposed to reduce the risk of legal conflict?

The paper argues that legality depends on the military purpose, not only the collected information, so UMVs should be able to communicate they belong to a state and reflect their military purpose. It also highlights due regard obligations, including assessing potential effects on economic and environmental interests and minimizing disruption during long deployments.

Oct 22, 2026

Uploaded by Cipher