The Costal State's Regulating Over The Military Activities In The Exclusive Economic Zone

The United Nations Convention on the Law of the Sea(UNCLOS)was adopted at the final session of the Third United Nations Conference on the Law of the Sea,held at Montego Bay,Jamaica,on 10 December 1982 and entered into force in 1994.More than 150 countries have ratified the Convention " The Convention establishes a system of exclusive economic zones in Part V and provides that coastal states have exclusive economic rights over 200 nautical miles from their coastline,with specific provisions for coastal and non-coastal States in the Exclusive Economic Zone(EEZ)can enjoy the rights and obligations.In recent years,China and its neighboring countries have created more and more maritime conflicts,especially around the EEZ.From a legal point of view,these conflicts are mostly due to the fact that states are concerned about the UNCLOS or the rules of traditional international law in military activities,such as the nature of the activities carried out in the EEZ,or the nature of activities collected by Marine Scientific Research activities(MSR)and marine hydrological data,since there is no clear and clear definition among the UNCLOS and the customary international law are applicable to these areas,based on the national interests,the national security and political needs,lots of states make their own different interpretations on the basis of UNCLOS or other customary law,and for this purpose different practice arisen,and of course a variety of friction produced,especially between neighboring countries.China is the country with a vast land and sea area,however the development of its EEZ system relative to other marine powers is late,many systems are also in the immature,China's practice is basically based on the provisions of UNCLOS and the relevant international custom.However,the observance of UNCLOS is only based on the participation of Member States,more of which is a constraint on the provisions of Member States,for those non-parties,UNCLOS cannot be mandatory,which makes the original controversial the definition of military activities more confusing and the vast number of countries with large sea areas,by means of non-parties,trying to exempt themselves from the obligations and responsibilities of international law.The paper is mainly divided into four parts to illustrate the foreign military activities in the EEZ of coastal countries and regulatory legal issues related:The first part mainly introduces the contents of the EEZ system,which is divided into four sections,which mainly include the provisions of UNCLOS to the EEZ,the deficiencies and loopholes stipulated in the relevant areas of the EEZ,the origin and cause of the controversy over the military activities in the EEZ,and the introduction of a basic provision of China's EEZ system.The history of the EEZ system in international law is very short.The 1982 Conference on the Law of the Sea was formally established in the form of a convention,which is an emerging system in the law of the sea and a major initiative in the history of the law.At the outset,UNCLOS has made some basic definitions of it,including the basic rights and obligations of coastal and non-coastal states in the region,the purpose of peaceful purposes and due regard obligations,but in military use,The nature and scope of military activities are particularly important as the world's competition for maritime control and management intensifies,there is no uniform rule of international law to be determined and limited,based on the political and national interests,the relevant provisions of UNCLOS are expanded and self-explanatory by different countries,in this part,the author will focus on the EEZ system for a brief overview.The second part is mainly from the three sections to analyze,one is based on the UNCLOS and other international treaties and conventions to briefly introduce the meaning and classification of military activities,and try to make a simple distinction between military activities and general analysis of military use activities.There are three forms of controversy,including its nature,scope,and country,which shall be discussed in the third section.The reasons for the ambiguity of the provisions of the UNCLOS and the different interpretations between states parties and non-contracting states,whether foreign countries have the rights to conduct military activities in a coastal EEZ and the specific scope and authority that can be operated are of great international debate.In order to clarify the scope of military activities in the EEZ,some states have unilaterally interpreted their contents in relation to the relevant provisions of the UNCLOS,which is in itself departs from the principles and intentions.Although the UNCLOS explicitly provides for the conduct of MSR in a country's EEZ without the consent of coastal States,what is the specific extension of MSR,which UNCLOS does not make clear distinctions and regulations,whether MSR and military survey activities and hydrological survey activities are equal to each other and its legal basis,if it cannot be operated,what are the differences,foreign countries can take for granted in the coastal countries of the region military survey or hydrological survey activities.Furthermore,whether non-military intelligence gathering activities can be carried out freely in the EEZ,including the use of sonar systems and radar detection,or the placement of unmanned detection machines for intelligence gathering,which are different from general military activities,whether the placement of these facilities would threaten the security and interests of the coastal waters and whether it would violate the national secrets of the country,and as the purpose of the usage of the information collected cannot be known,so maybe the rights of intelligence collection activities could not be considered as simple foreign rights,should coastal states prohibit foreign countries to carry out such activities in the EEZ.Finally,military exercises,especially the joint military exercises among two or more countries,and the use of weapons is included,whether foreign countries in the EEZ of coastal countries can freely conduct.Whether or not the three common military activities can be carried out in the EEZ of a country,and regarding to the nature,UNCLOS does not make it clear,the positions and views of each country are different and there is no uniform agreement.The second section will enumerate a conflict in the EEZ,including a conflict between China and the United States,India and England and America,and shall analyze these countries to deal with a military activity in the EEZ via basic point of view and position.The third part will mainly elaborate the global coastal countries to regulate foreign military activities in their own EEZ based on the practical measures and related analysis respectively,the third part shall be divided into two sections to elaborate,one is a detailed overview of the current coastal countries in the region regulate their regional military activities of the two common forms of prevention and control of the Air Defense Identification system(ADIZ)and the Maritime Identification Zone system(MIZ),via focusing on the typical countries for these two systems of a specific measures and regulations,the ADIZ of the United States and Canada,as well as some Asia countries,including Japan,South Korea,and so on.The constraint and restrictions over MIZ of Australia.The second section is about the principle based on the terms of the covenant which states should be followed,either when coastal states regulate military activities or when foreign countries conduct military activities in EEZ,those principles are principally the peaceful purposes and due regard.The fourth part is some suggestions on the practice of regulating foreign military activities of China.Based on the analysis and detailed analysis of the second part and the third part,and the typical and relative mature management measures of the main countries,as well as some of the provisions of China's EEZ and related regulatory measures,to put forward some suggestions over China's management measures in the future.