A Study On The Coastal State’s Jurisdiction Over The Foreign Peacetime Military Activities In The Exclusive Economic Zone

The exclusive economic zone (Exclusive Economic Zone,called EEZ as follow) is one of the most revolutionary features of UN Convention on the Law of the Sea (UNCLOS), but due to UNCLOS is a production of compromise between the maritime power and the developing coastal states, it has many rules which are not very clear, one of them is the jurisdiction of the other states’ peacetime military activities in the EEZ of the coastal states. Therefore, to research this problem has a profound theoretical significance, as well as the positive practical significance.This paper is divided into five parts:Part Ⅰ:This chapter summarizes the conception and classification of the peacetime military activities, this thesis will focus on studying the other states’military vessels’peacetime military activities in this area, and analyze the coastal’jurisdiction on these.Part Ⅱ:This chapter comments the USA’s legal ground that it conducted the military activities in our EEZ, including EEZ is international waters, military activities is one of the freedom of navigation and the other international lawful uses of the sea, survey activities is not marine scientific research, and the USA is not states party of UNCLOS.Part Ⅲ:This chapter screens the related rules, and comments these rules combining with the Guidelines for Navigation and Overflight in the Exclusive Economic Zone which drafted by EEZ Group21, including the principles of peaceful use of the seas, refrainment from any threat or use of force, due regard, abuse of rights and the residual rights.Part IV:This chapter enumerates some practices of developed countries and developing countries, containing Australia, Japan, Vietnam, Indonesia and the other countries, in order to search the practical reasons for the coastal states to regulate the military activities in their EEZ.Part V:This chapter puts forward some suggestions to regulate the foreign peacetime military activities in our EEZ, including the suggestions to consummate our national law and participate in the international maritime affairs, and some advice of measures to deal with the military activities in our EEZ on time.The innovation of this thesis is that it sufficiently refutes the USA’s legal ground, systematically interpret the legal ground that the coastal states regulate the foreign military activities in their EEZ, and gives some suggestions for our country to regulate the military activities in our EEZ with the clue of UNCLOS, and on the basis of reference to Charter of United Nations and Guidelines for Navigation and Overflight in the Exclusive Economic Zone, and with some international principles.