The next issue to be examined involves legitimate activities by third States in the EEZ. In this regard, Article 58(1) of the LOSC stipulates:
In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.
It follows that among the six freedoms enumerated in Article 87 of the LOSC, three freedoms of the seas – freedoms of navigation, overflight and the lying of submarine cables and pipelines – apply to the EEZ. Further, Articles 88 to 115 and other pertinent rules of international law relating to the high seas apply to the EEZ in so far as they are not incompatible with this rule under Article 58(2).
However, Article 58(3) requires States to:
have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part [V].
It would seem to follow that, unlike on the high seas, the three freedoms of the seas may be qualified by coastal State jurisdiction in the EEZ. For instance, overflight in the EEZ for the purposes of exploration and exploitation is subject to the permission of the coastal State.
Navigation of foreign vessels through an EEZ is subject to regulation of the coastal State with respect to marine pollution. Navigation of foreign vessels may also be affected by the presence of artificial islands and installations of the coastal State. In addition to this, shipping in the inner 24 miles of the EEZ will be subject to coastal State jurisdiction over its contiguous zone. While the freedom of laying submarine cables and pipelines applies to the EEZ, the delineation of the course of a pipeline in the seabed of the EEZ is subject to the consent of the coastal State in accordance with Article 79(3). To this extent, the freedoms enjoyed by foreign States in the EEZ are not exactly the same as those enjoyed on the high seas.