Research On Freedom Of Navigation In EEZ

Freedom of navigation is a basic principle of the law of the sea.It is important both on the early colonial expansion of sea power and on the later times of foreign exchange and trade activities in developing countries.Since UNCLOS comes into effect,the establishment of Exclusive Economic Zone(EEZ)makes the freedom of navigation in EEZ form an independent system,which is independent of freedom of navigation on the high seas.But the relevant provisions is not clear enough,which leads to different and controversial interpretations.In practice,the freedom of navigation in the EEZ and other marine problems often conflict,thus it is necessary to clarify the meaning and boundary of the freedom of navigation in the EEZ.This thesis consists of four chapters.Chapter 1 mainly discusses the basic legal issues of freedom of navigation in the EEZ,including its definition,its relation with freedom of navigation of high seas,its theoretical basis and development tendency.Chapter 2 discusses the connotation of the freedom of navigation in the EEZ,including its subject,object,applicable scope of waters and nature of freedom of navigation.Chapter 3 discusses the restrictions on freedom of navigation in the EEZ.Since freedom of navigation is relative,both the obligations which UNCLOS imposes on other countries when they exercise freedom of navigation in the EEZ and coastal states'sovereign rights and jurisdiction over EEZ,will pose limits to the freedom of navigation in the EEZ.Chapter 4 proposes suggestions on improvement of domestic legislation relating to freedom of navigation in the EEZ.