While the LOSC provides rules involving most of the obvious uses of the EEZ, there are some uses of the zone where it remains unclear whether they fall within the rights of the coastal State or other States. Here residual rights in the EEZ are at issue. In this regard, Article 59 provides:
In cases where this Convention does not attribute rights or jurisdiction to the coastal State or to other States within the exclusive economic zone, and a conflict arises between the interests of the coastal State and any other State or States, the conflict should be resolved on the basis of equity and in the light of all the relevant circumstances, taking into account the respective importance of the interests involved to the parties as well as to the international community as a whole. Under Article 59, there is no presumption in favour of either the coastal State or other States. It would seem to follow that the possible attribution of residual rights is to be decided on a case-by-case basis.
An international dispute could well arise with regard to a matter where the LOSC does not specify which States are to have jurisdiction. Such a dispute is to be settled by peaceful means of their own choice pursuant to Articles 279 and 280 of the LOSC. If this is unsuccessful, the dispute is to be referred to the compulsory procedures of dispute settlement in Part XV of the LOSC, unless the dispute relates to limitations and exceptions to the compulsory procedures.