The Research On The Warship Navigation In The Exclusive Economic Zone Of Coastal Countries

With the continuous development of scientific technology and human society,maritime rights disputes are gradually becoming the focus of attention of all countries.Exclusive economic zone is a new sea area established by the United Nations Convention on the Law of the Sea,in which countries' interest disputes are more complicated.In recent years,the United States has continuously carried out a series of military activities in China's exclusive economic zone,which has aroused the attention of the Chinese government and academia to the issue of the right of navigation of foreign warships in the exclusive economic zone of coastal countries.However,the two sides have not been able to find a suitable way to solve the problem.At the same time,the formal proposal of the strategic goal of China's maritime power indicates that,Chinese warships in the exclusive economic zone of other countries will inevitably become the norm of ocean navigation in the future.Therefore,how to deal with the issue of the right of navigation of warships in the exclusive economic zone is very worthy of in-depth study and discussion,in order to protect the rights of the exclusive economic zone of coastal States and the full enjoyment of freedom of navigation as a navigational country.Starting from the legitimacy and limitation of the right of navigation of warships in the exclusive economic zone,this paper analyzes and evaluates the provisions of the United Nations Convention on the Law of the Sea and the specific navigation activities of warships.This paper attempts to summarize the general rules of the management of warships in the exclusive economic zone by coastal states.At the same time,the author analyzes the current situation of China's management of exclusive economic zone and puts forward his own suggestions in order to help China improve the management system and safeguard the rights and interests of the sea.In addition to the introduction and conclusion,this paper is divided into four parts.Chapter I provides an overview of the issue of the right of navigation of warships in the exclusive economic zone.As the provisions of the United Nations Convention on the Law of the Sea on the exclusive economic zone and its nature are vague,thedebate about exclusive economic zone has a long history in the international community and academia.Therefore,this chapter starting with the historical evolution and nature of the exclusive economic zone,exploring the historical background and purpose of the establishment of the exclusive economic zone,in order to clarify the difference between the exclusive economic zone and the high seas and territorial sea.This part also expounds the rights and obligations of navigational States and coastal States in the exclusive economic zone.Secondly,because the limitation of warship's navigational right is closely related to the sea area in which it is located,this chapter also focuses on the analysis of the concept of warship's navigational right and its specific forms of expression in different sea areas.In order to explore the content of warship navigation rights under different rights and obligations.On this basis,this chapter finally combines the specific conflict status of foreign warships in the exclusive economic zone,summarizes the views of different scholars,and finally obtains the essence of the navigation rights of warships in the exclusive economic zone.The purpose of this paper is to analyze and solve the navigation conflict of foreign warships in the exclusive economic zone from two aspects: the legal basis of the navigation rights of warships in the exclusive economic zone and the limits of the navigation rights of warships in the exclusive economic zone.Chapter ? is about the analysis of the legal basis of the navigation rights of warships in the exclusive economic zone,respectively,from the perspective of international treaties and State practice.As far as international treaties are concerned,this chapter first analyzes the controversial provisions of the United Nations Convention on the Law of the Sea relating to the exclusive economic zone,clarifingthe meaning of controversial concepts such as sovereign rights and national security interests.Secondly,it studies the contents of warship navigation rights in the Guide to Navigation and overflight in Exclusive Economic Zone,analyzing the views of the international community on the navigation rights of foreign warships in exclusive economic zone and its development trend.On the level of national practice,this paper expounds the two practical methods of allowing warship navigation and prohibiting or restricting warship navigation respectively,selecting the laws and related systems of typical countries for comparison.Finally,through the mutual corroboration between international treaties and specific State practice,the conclusion is drawn that there is a legal basis for the navigation of foreign warships in the exclusive economic zone.Chapter ? is about the analysis of the limitation of the navigation rights of foreign warships in the exclusive economic zone.Firstly,this chapter clarifies that although the exercise of warship navigation rights by navigational States in the exclusive economic zone of coastal States has legitimacy,it should still have limits,which is not equivalent to the freedom of navigation on the high seas.Secondly,this chapter puts forward the restrictions on the navigation rights of warships in the exclusive economic zone from the perspective of residual rights and due regard.The residual right provides the most basic idea for solving the relationship between the navigational right of the navigating State and the jurisdiction of the exclusive economic zone of the coastal State.The due regard limits the navigation of warships in the exclusive economic zone from three aspects: sovereign rights,exclusive jurisdiction and peaceful purposes.Finally,this chapter divides warship navigation into basic warship navigation and special warship navigation,in which special warship navigation is subdivided into military data collection,military exercise and the use of equipment and structure of submarine military facilities.On the basis of the subdivision,this paper discusses how to fulfill the obligation of consideration in various types of warship navigation activities,and how coastal States should strengthen the management of specific warship navigation behavior.Chapter ? is about the description and suggestion of the present situation of China's management in the exclusive economic zone.firstly,this chapter analyzes the present situation of China's handling of the navigation rights of warships in the exclusive economic zone.It includes the change of attitude towards the right of navigation of warships,relevant legislation and management system.Secondly,after defining the current situation of exclusive economic zone management,this chapter puts forward some suggestions,such as perfecting the relevant legislation of exclusive economic zone,establishing maritime identification system and strengthening regional cooperation.Through the above analysis,this paper holds that the issue of the navigation rights of foreign warships in the exclusive economic zone of coastal States can be divided into two levels.Whether there is a legal basis for the navigation of warships in the exclusive economic zone and the limits of the navigation rights of warships in the exclusive economic zone.On this basis,combined with the relevant international treaties,international documents and the practice of relevant States,this paperanalyzes and points out that coastal States do not have the right to prohibit or restrict the navigation of warships in the exclusive economic zone directly,inotherwords,the right of navigation of foreign warships in the exclusive economic zone is legitimate.However,foreign warships should consider the sovereignty rights,exclusive jurisdiction and peaceful purposes of coastal States in the exercise of their navigational rights,and in the event of a conflict,disputes should be resolved in accordance with the principle of residual rights.At present,the legal and administrative system on China exclusive economic zone is no longer enough to support the construction of the strategy of a maritime power,so we should start from three aspects: perfecting legislation,establishing a maritime identification system,and strengthening regional multilateral cooperation tostrengthen the management of exclusive economic zones.