Foreign Military Activities In The Exclusive Economic Zone And The "Due Regard" Obligation

The exclusive economic zone is a sui generis maritime zone created by the 1982 United Nations Convention on the Law of the Sea(Convention).In the negotiation process of establishing the exclusive economic zone,states have compromised with each other due to the balance of interests of marine resources,which leads to the limitations in the regime of the exclusive economic zone(EEZ).Military activities in the exclusive economic zone and related jurisdictions are one of them.The rise of China’s national power and the adjustment of its neighboring diplomatic strategy have caused anxiety among the United States and neighboring countries.They subsequently regarded China’s construction in the South China Sea as a threat to the “international order”.In recent years,the so-called “freedom of navigation operations” have been continuously launched.In this context,the present thesis elaborate and explore the legal nature of a series of substantive clauses such as “prohibition of abuse of rights” and “due regard” that are often overlooked in the United Nations Convention on the Law of the Sea and customary international law.It also explored the meaning and significance of “due regard”obligation,thus forming a more mature and systematic legal theory.It can help states adhere to the relevant provisions of the United Nations Convention on the Law of the Sea,and at the same time,flexibly apply the principles of “due regard” obligations of customary international law to effectively contain the military threats and suppression actions of the United States and other states against China.The thesis aims to apply this theory to the practice of regulation of foreign military activities in the exclusive economic zone,balancing the freedom,rights and obligations of all states.