Study On The Rights And Restrictions Of The Military Usage In The Exclusive Economic Zone

The United Nations Convention on the Law of the Sea is regarded as a contemporary "Ocean Charter",and it is the cornerstone of a new maritime order.Among this order, the exclusive economic zone system is a system as the core of it.This system has a great significance, it makes the increasingly sharp contradiction on the unbalanced ocean usage between developed maritime nations and the developing maritime nations eased to a certain extent.Also it provides foundation for the coastal states to reasonably explore the vast waters adjacent to the territorial waters.At the same time, the activities of other countries in this zone have been the basis of legal confrontation.To some extent, it realized the rational allocation of the rich marine resources of the developed maritime nations and coastal countries.However, since the United Nations Convention on the Law of the Sea took effect, the exclusive economic zone system became the problem which encountered the most difficult, the most complex, the most widely spread and the most frequently occurring international disputes among the law of the sea.The reason is that in the beginning in order to facilitate the contract taking effect, some compromise was made, and ultimately some rights left outside the treaty are not prescribed by the law, the so-called residual rights. It is because of the residual rights that leave such a huge space,countries are often starting from their own position, take the interpretation of treaties into their national interests.This article focuses on the rights and restrictions of the military usage in the exclusive economic zone.After exploring the system and the residual rights of the exclusive economic zone,it comes to the conclusion that the military use of the exclusive economic zone shall be vested in one of the residual rights.Then through the interpretation of the United Nations UNCLOS and the studies of some international cases about military use within the exclusive economic zone,it argued the rights of military use in this zone, as well as the principles of military use to be followed and the restrictions on the rights of military use to be made.