This language combines the provisions of Articles 58(1) and 56(2). The principle language for this provision is derived from Article 58(1) "Rights and Duties of other States in the exclusive economic zone" which refers to Article 87(1) Freedom of the high seas. This Guideline urges the coastal State to show "due regard" for the freedoms [rights] of other States as provided by Article 56(2). The critical question is what constitutes fulfillment of the obligation of "due regard"⁸⁶.

　

 Article 58(3) provides that in exercising their rights and performing their duties in the EEZ, "States shall 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 Convention provisions and other rules of international law in so far as they are not incompatible with Part V (on the EEZ). In turn, under Article 56(2), the coastal State is required to have due regard to the rights and duties of other States in exercising its rights and performing its duties in the EEZ. The Convention thus tries to maintain the balance of interests and rights of the coastal State and other States in the EEZ.

　

 The Convention gives no clear guidance as to the meaning of "due regard". However, the drafting history of Article 58 may shed some lights on the intention of the negotiators. Some early proposals by developing countries regarding this point in the Sea-Bed Committee would first establish the rights and freedoms of other States in the EEZ and then add that such rights could be restricted by the coastal State in exercising its rights within the zone. A subsequent Chinese proposal contained the duty of other States to "observe the relevant laws and regulations of the coastal State." In the second session of UNCLOS III(1974), six East European States tabled a proposal, which read inter alia that coastal States should exercise their rights without prejudice to the rights of all States, and that all other States "shall not hinder the exercise of the rights or the fulfillment of the obligations of the coastal State" in the EEZ⁸⁷.

　

 At the third session of UNCLOS III(1975), the Evensen Group produced the text which contained the term "due regard to the rights and duties of the coastal State". The phrase "and shall comply with the laws and regulations enacted by the coastal State" was then added in the Informal Single Negotiating Text. It should be noted that an earlier proposal by the Group of 77 to add the reference to "due regard to the security interests of the coastal State..." was not adopted by the Negotiating Text.

　

 A definition of "due regard" in this context might include the following: the motivation for the act should not impede the exercise of rights by other States or infringe upon the interests of other States; the means and methods of the act should not affect or impede the exercise of rights by other States or undermine the legal regime of the sea area; and the actual act should not make the rights of other States ineffective, irrelevant or invalid.

　

 Article 58(1) gives maritime states the right to engage in "other internationally lawful uses of the sea related to these freedoms [of navigation and overflight], such as those associated with the operations of ships [and] aircraft⁸⁸". These words apparently contain much hidden meaning" and have been described as "superabundant and mysterious"⁸⁹. Although the sentence in Article 58 (1) goes on to say that such uses must be "compatible with the other provisions of this convention", some authors have asserted that this phrase allows warships to engage in virtually unlimited activities in the EEZ of other countries⁹⁰. Other authors contend that warships must act with due regard for the interests of the coastal State. One of the negotiators, Orrego Vicuna, has stated explicitly, "that the limitationss of military uses in the exclusive economic zone are greater than those applied to similar activities carried out in the high seas", and that a coastal State could "demand that a warship abandon the exclusive economic zone" if it failed to respect coastal state concerns⁹¹.

　

 The Guideline acknowledges sovereign immunity in the EEZ of warships and ships used only on government non-commercial service (Articles 95 and 96 and 58(2). But it also urges the user State in the interest of conflict avoidance to act in a manner consistent with the Convention, as far as is reasonable and practicable. This language is essentially a summary of Article 236 ( Sovereign Immunity).

　

 Article 211(6) allows a coastal State to adopt "special mandatory measures for the prevention of pollution from vessels." However this can only be done

1. where the international rules and standards are inadequate to meet special circumstances;

2. coastal States have reasonable grounds for believing that the measures are necessary for the prevention of pollution from vessels in a clearly defined area for recognized technical reasons in relation to the area's oceanographic and ecological resources and the particular character of its traffic;

3. after appropriate consultations through the competent international organization with any other States concerned;

4. directing a communication for that area to that organization, submitting scientific and technical evidence in its support as well as information on necessary reception facilities; and

5. if the organization determines the conditions in that area correspond to the requirements set out above.

　

 Thus this Guideline goes a step further and incorporates the precautionary principle by suggesting a coastal State may act on a temporary basis pending the outcome of its submission to and discussions within IMO.

　

 Many States from time to time provide notices to mariners and aviators closing off sections of their EEZ and even the high seas for their weapons tests and military exercises⁹². This practice occurs despite the lack of authorization in the 1982 UNCLOS (and even its prohibition regarding the high seas in Article 89 "No State may validly purport to subject any part of the high seas to its sovereignty"). Some may interpret this practice as violating Article 58 (1) which provides to other States in a coastal State's EEZ the freedoms 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−". However, it can be fairly described as general State practice. This Guideline acknowledges this practice and puts qualifications thereon, i.e., that it be temporary, in specified areas, and essential for the carrying out of tests and exercises.