Study On The Legitimacy Of The Military Measurement In The Exclusive Economic Zone

As an international maritime system,the exclusive economic zone was formally established in the "United Nations Convention on the law of the sea"(hereinafter referred to as the "Convention").As countries continue to dispute and can't reach a consensus,one of the main manifestations is that there is no clear and specific provisions on the issue of military measurement activities(hereinafter referred to as the "military measurement").International legal norms are difficult to form,as a result,it is necessary to carry on the thorough analysis and research to it.The main body of the thesis is divided into four chapters.The first chapter is an overview of the basic concepts of the whole article,including the meanings and properties of the exclusive economic zone system and the military measurement activities.As a kind of exclusive waters which is different from the territorial waters and the high waters in the law of the sea.However,when it comes to the issue of the military measurement activities,the "Convention" doesn't clearly define its basic meaning.In the light of each country's practice and legislation,the military measurement activities refers to the data gathering activities which are performed by other countries in the exclusive economic zone of coastal countries with the specialized instruments,most kind of gathering activities are on the purpose of military use.The second chapter mainly analyzes the legitimacy of military measurement in the exclusive economic zone in the aspect of the marine scientific research.It discussed the different positions of the strong marine country and the coastal countries in the developing countries regarding to this relationship and analyzes the relevant domestic,the military measurement should be included in the scope of the marine scientific research activities,at this point,the coastal countries have certain jurisdiction over the military measurement performed by other countries in the exclusive economic zone of the coastal countries.As a result of the military measurement belongs to the scope of the marine scientific research activities,in the event of performing military measurement by other countries in the economic zone of the coastal countries,it must be permitted by the coastal countries.The third chapter mainly analyzes the legitimacy of military measurement in the exclusive economic zone in the aspect of the freedom of the sea.Starting from the formulation of the fifty-eighth provision in the Convention,the freedom of the sea and the freedom of the high waters are distinguished.The freedom in the exclusive economic zone is different from the freedom of the high waters,so the eighty-seventh provision in the Convention regarding to the freedom of the sea can't be absolutely utilized to the military measurement in the exclusive economic zone,as a result,the viewpoint that the military measurement performing in the exclusive economic zone of the coastal countries conform to the provision of the freedom of the high waters and don't need the permission of coastal countries is unacceptable.From the analysis of the content above,it leads to the principle of the appropriate consideration and the residual rights in the law of the sea,with due regard to coastal countries rights and obligations and considering the interests involved is of importance to the parties concerned and the international community,in principle,military measurement is allowed now,the grasp of this right should be controlled by the coastal countries.The fourth chapter discusses the legitimacy of military measurement in the exclusive economic zone in the aspect of the principle of peaceful purposes of the sea.The dispute is whether the military measurement carried by other country in the exclusive economic zone of coastal countries is on the purpose of peace,the main reason is that the understanding of the"peaceful purpose" among each country is different.Under normal circumstances,the military activities which have no harms to the interests between countries are allowed,as long as the provisions of the Convention itself does not prohibit military survey activities in the exclusive economic zone,the activity cannot be identified as non-"peaceful purpose".