The Legal Issues Regarding The Military Missions Of Non-costal State In The Exclusive Economic Zone

The exclusive economic zone (EEZ) is a zone outside the territorial waters but abutting the costal state within which the coastal State has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources of the sea bed and subsoil and the superjacent waters. Moreover, the costal State has jurisdictions as marine scientific research and marine environmental protection within the EEZ. Maritime power relying on its powerful military capacity usually collects military information of the costal State through the EEZ, even gives military threat to the costal State. On the other hand, the costal State is at pain to stress its rights and benefits within the EEZ so as to prevent other country's military missions, which made the struggle about EEZ exceptional sharp.The EEZ is a new system created in the 1982 United Nations Convention on the Law of Sea. Not only does this new system provide legal basis for coastal states to safeguard marine interests, but also causes many problems because of contradicted explanations and practices of countries. Starting from the system of the EEZ, this dissertation first analyses the conception of the EEZ, then systematically and thoroughly analyses four problems refer to"freedom of navigation and over-flight"of the non-costal State in the EEZ,"military survey"in the EEZ,"peaceful purpose"of the non-costal State's military missions as well as the rights of the non-costal State and other States. On this basis, this paper demonstrates the solution of the dispute about the non-coastal State's military missions in the EEZ,thus sets forth a point, that is the non-costal State enjoys the rights of"freedom of navigation and over-flight"and so on, but these missions should be restricted.The first part of this paper analyses the legal nature of the EEZ based on the provision of United Nations Convention of the Law of the Sea. The second part deals with"freedom of navigation and over-flight"of the non-costal State in the EEZ. The non-costal State only enjoys the freedom which is restricted in the EEZ. The airspace of the EEZ is not open air space, so the costal State has limited jurisdiction. When navigating and flying over the EEZ, the non-costal State should assume corresponding legal duties.The third part deals with the non-costal State's"military survey"in the EEZ."Military survey"belongs to"marine scientific research", so the costal State has jurisdiction over"military survey".The fourth part deals with the"peaceful purpose"of the non-costal State's military missions. Each country has a dispute about how the non-costal State's military mission embodies"peaceful purpose". Countries are permitted to undertake general military missions based on"peaceful purpose"and they are required to respect mutually when undertake these missions.The fifth deals with the rights of the non-costal State and other States. Military missions must be exercised preferentially with"due regard"for the costal State's legal rights. The costal States has the predominance and priority in the allocation of"residual rights".The sixth part deals with the solution of the dispute about the non-coastal State's military missions in the EEZ. The characteristic of the dispute about the non-coastal State's military missions decides that many countries take political measures to solve dispute. China usually pursues peaceful means to solve international dispute, so does the dispute about military missions in the EEZ.