Bilateral and regional agreements are a viable solution for resolving concerns over foreign military activities in the EEZ

Aside from dispute settlement, states could gain clarity regarding military activity in the EEZ from bilateral or regional arrangements. Such dialogue could promote clarity and potentially help preempt conflict.⁹⁶ For instance, the former Soviet Union and the United States adopted a ‘Joint Statement’ providing for uniform interpretation of the right of innocent passage in the territorial sea.⁹⁷ In the East China Sea, China and Japan have developed bilateral regimes for ‘conflict avoidance’ regarding fisheries and marine scientific research.⁹⁸ These agreements may not resolve every issue, but they do certainly offer more clarity and could provide mechanisms to deal with situations where the law is uncertain. Another option would be to form regional agreements. In the 1990s, Indonesia used Association of Southeast Asian Nations as a venue for hosting informal talks aimed at conflict resolution and management in the South China Sea.⁹⁹ Thus, individual states as well as regional organizations may have a role in clarifying the legality of military operations in the EEZ. There is the risk of regional diversification in state practice and interpretation; nevertheless, such arrangements could contribute to increased certainty regarding military uses of the oceans. These multi-state dialogues are particularly crucial at the moment as tensions continue to escalate in the South China Sea region.¹⁰⁰