The disappearing right to navigational freedom in the exclusive economic zone

Navigational freedoms have been a central part of the law of the sea for hundreds of years, but significant restrictions have been imposed recently upon these freedoms. Fishing vessels are subject to the most restraints and, to protect their fish catch, must now give notice whenever they travel through the exclusive economic zone (EEZ) of another country. Oil tankers, especially those with single hulls are also subject to a variety of restraints, and any ship with a dangerous cargo must conform to international, regional, and national regulations. Ships carrying ultrahazardous nuclear cargoes have been told by many countries to avoid their EEZs, and these ships have in fact picked routes designed to avoid most EEZs. Security concerns have increased dramatically during the past 2 years, and it has become almost commonplace for the major maritime and military powers to assert the right to stop and board merchant vessels to look for suspect cargoes in all parts of the oceans. Even military vessels, which have immunity from seizure, must nonetheless respect the many rules that have been established to protect the marine environment and the security of coastal populations. A new norm of customary international law appears to have emerged that allows coastal states to regulate navigation through their EEZ based on the nature of the ship and its cargo. It appears that it is no longer accurate to say that the freedom of navigation exists in the exclusive economic zone of other countries to the same extent that it exists on the high seas. The balance between navigation and other national interests continues to develop, and navigational freedoms appear to be disappearing during this evolutionary process.