Research On Legal Issues Of U.S. Military Survey Activities In China’s Exclusive Economic Zone

The EEZ regime was created by the 1982 United Nations Convention on the Law of the Sea(hereinafter referred to as "the Convention")as a result of mutual compromise among states,and therefore the allocation of rights and obligations is bound to be controversial.With the development of maritime military technology,the important strategic position of the EEZ has begun to emerge,in which the need to maintain the sovereignty of coastal states and the growing military surveying activities are increasingly in conflict,and the unclear provisions of the Convention on military activities in the EEZ have led to the persistence of relevant disputes.The controversy over U.S.-China military surveying activities in China’s EEZ has become a focal point of concern for countries around the world.It is necessary to explore the nature,boundaries,and legality of military surveying activities in the EEZ to safeguard China’s maritime security and national sovereignty at both the internal and external levels.It is divided into four main chapters.The first chapter focuses on the general theory of military surveying activities in the EEZ.The rights and obligations of coastal and non-coastal states in the EEZ under the Convention are analyzed by describing the concepts of the EEZ as they relate to foreign military surveying activities.Chapter 2 Explains the controversy between China and the United States regarding military surveying activities in the EEZ and analyzes the unreasonableness of U.S.behavior.The views and attitudes of China and the United States are explained separately,and their military surveying activities in China’s EEZ are identified and analyzed in depth,and the rights claimed by the United States are not based on international law.Chapter 3 presents the challenges faced by China in dealing with U.S.military surveying activities in the EEZ from both the international and domestic law levels,mainly the unclear provisions of residual rights,jurisdictional boundaries,and freedom of navigation boundaries in the EEZ,as well as the deficiencies in domestic law regarding jurisdiction-related legislation and enforcement.Chapter 4 Corresponding to Chapter 3,the response measures are proposed from both international and domestic legal perspectives.Clarify the attribution of residual rights related to foreign military surveying activities in the EEZ,the boundary of freedom of navigation rights,the boundary of jurisdiction of the coastal state,and the interpretation and application of some terms in the Convention at the international law level.At the level of domestic law,the nature of military surveying activities,the jurisdiction of the coastal state over military surveying activities,and the establishment of a maritime law enforcement military-civilian linkage mechanism are clarified.This paper adopts inductive-deductive and dialectical analysis methods to make the focus of the controversy clear by summarizing the views of China and the United States,and to criticize the illegality of the U.S.behavior through progressive analysis;then,through dialectical analysis,the Convention is understood dynamically and foreign military surveying activities in the EEZ are viewed with a dialectical perspective.