Research On Residual Right Of The Exclusive Economic Zone

The United Nations Convention on the Law of the Sea is a big charter of Sea, which regulates human marine activities and establishes the new marine order. As the important achievement of The Third UN Conference on the law of the sea, the exclusive economic zone system is a newly-designed system also one of the most important systems of the United Nations Convention on the Law of the Sea.The residual rights of the law of sea mean the rights are not regulated or indefinite regulations in convention.There are lots of residual rights in the convention.As a package convention,it is the product of among different countries’ fights for their states’ marine interests,especially embodied in the Exclusive Economic Zone.Because the establishment of this system is the outcome after the debate between the developing countries and the developed countries.And this system can makes the proper distribution of the ocean resources among marine countries and coastal states come true.But the developing countries want to obtain marine resources and interests through establishment of the exclusive economic zone, while developed countries can get marine interests through its own powerful marine strength.This causes plentiful rights with unclear definition and even many problems uninvolved, the residual rights of law of the sea therefore produce.The convention regulate the system of the Exclusive Economic Zone,so the coastal country and the other coastal countries have their own rights and obligations.But because of United Nations convention of the rights without clear rules and refinement, it’s easy to cause controversy and even international disputes in practice for countries’different understanding on regulations.Based on the proper utilizations of marine resources and the institutional framework of United Nations Convention on the Law of the Sea, This thesis will discuss the existing issues of residual right in the Exclusive Economic Zone and the generated controversy so as to give advice and suggestions to solve the conflicts in practice.The whole thesis consists of four parts.The first part introduces the concept of the residual right in the international law of the sea. And definite the residual rights main means the residual rights in The United Nations Convention on the law of the sea.Besides,it will also introduce the basic system of the the Convention and point out the residual rights on in the Convention.The second part introduce the specific contents of the residual rights in the Exclusive Economic Zone.The part content the regulations of the system for Exclusive Economic Zone. And the residual rights of the Exclusive Economic Zone involve the residual rights about the usage of the military,the residual rights about the marine biological resources and the protection of the marine environment.The third part analyses the disputes on the residual rights in the Economic Exclusive Zone in practice. And this will base on the regulations of the convention.The four part bring up the principles and methods of solving the disputes.The principles includes the insisting the prior consent for the military use,respecting the sovereign rights of every country adequately,insisting the international cooperation.The solving way involves the system of Air Defense Identification Zone,the system of limited get across,the system of enhancing the international cooperation and so on.The sea is the common resources of human beings, which need to be respected, cherished and reasonably utilized. In order to reduce the conflicts between the countries,establishing the harmony the relationship,using the marine resources effectively,the positive attitude should be taken to solve issues of residual right and found the solving methods. Admit of no doubt, this way is the best method to treat and use the marine resources.