Conventions's provisions on 'peaceful purposes' cannot be used to constrain lawful military activities

The negotiating history on the Convention is clear on this point. In 1976, Ecuador attempted to turn the “peaceful purposes” provisions into an arms control obligation. They got nowhere. In response to the argument by Ecuador in 1976, the U.S. replied:

“The term ‘peaceful purposes’ did not, of course, preclude military activities generally. The United States has consistently held that the conduct of military activities for peaceful purposes was in full accord with the Charter of the United Nations and with the principles of international law. Any specific limitation on military activities would require the negotiation of a detailed arms control agreement.”

See 66-68th plenary sessions in 1976. In 1985, the Secretary General of the United Nations reported that, “military activities which are consistent with the principles of international law embodied in the Charter of the United Nations, in particular Article 2, paragraph 4, and Article 52, are not prohibited by the Convention on the Law of the Sea.