Summary of the Bali dialogue

Several incidents have raised contentious issues regarding navigation rights and the limits, if any, on foreign military and intelligence gathering activities in the EEZ. Coastal states are concerned that such activities are a threat to their security. But it is unclear as to when such activities can be reasonably viewed as threatening. Key issues include the meaning of such terms as ‘peaceful purpose’, ‘peaceful activity’, ‘hostile intent’, ‘threat of force’, ‘scientific research’, ‘freedom of navigation’, ‘other internationally lawful uses’, ‘due regard’, and ‘non-abuse of rights’. There is some consensus that military activity in foreign EEZs must be non-hostile and non-aggressive, refrain from use of force or threat thereof, and not adversely affect resources, the environment or the management thereof. Areas of disagreement range from the definition of the above terms to the means of resolving disagreements–or even the need to do so. These issues constituted part of the agenda for the Tokyo Meeting.