A Legal Study On Military Activity Of Exclusive Economic Zone

Exclusive economic zone (hereinafter referred to as EEZ) is one kind of special seabetween territorial sea and the high sea, with the status of mixture water area. In EEZ, coastalstate is entitled to sovereign rights and the right of jurisdiction as well as national securityinterests.With the significance of Marine rights and interests adding, non-war use of themilitary power in EEZ is becoming more and more. Recently, with the stretch of EEZ and itsupper area, other countries frequently carry out military activities without restraint, around thesurrounding waters of coastal state, in the name of the freedom of sail and fly and marinescientific research. This undoubtedly brings to the coastal state of national security threats andanxiety.According to the rules of UNCLOS and the relevant international laws, such activitiesshould comply with the principle of using ocean peacefully and taking other country rightsinto account, and so on. UNCLOS is vague to the problem of military activity in the EEZ. Butthe international community national practice related to the rules of the coastal state in itsEEZ shows their position. This paper advocates regulating other countries’ illegal militaryactivities in one country’s EEZ, combine with the lack of the convention on the related issuesand national practice, and put forward suggestions to settle the correlative issues andmeasures of our country’s response.There are five parts in this paper:The first part, it summarizes the connotation of EEZ military activities. EEZ is specialsea neither belongs to the territorial sea nor to the high sea, and the regional military usebecomes a part residual rights of EEZ system. The military activities are expanding to EEZ,and the upper area of EEZ also become indispensable. So EEZ’s military activities shouldmean the activities for military purposes other than the war, in EEZ and over it. The authorargues that it is illegal that do military activity without the coastal countries’ permit.The second part, it analyzes the basis and deficiencies of rules of EEZ military use aboutthe international law such as UNCLOS. UNCLOS gives the un-coastal state the right of sailand fly and marine science research. It also clear-cuts residual right in EEZ. But within thecoastal countries’ EEZ, it doesn’t mean the un-coastal state can carry out military reconnaissance, military measurement, etc. The principles of Intel law does not support elseindulging activities in EEZ. On this proposition, the international community on the issuefailed to reach a consensus, the reasons boil down to: the dim of the concept of militaryactivity, the legislative defect of EEZ’s upper area, as well as the absence of theory leading tothe difficulty to status’ practice, which can’t provide countries with legal dispute relief way.The third part, it concludes and analyzes the practice of relevant countries that regulatesother countries’ military activities in its EEZ. In the waters of EEZ, there’s Australianmaritime identification system, the practice of prohibit on navigation and other countries, aswell as legislation which the un-coastal states shall subject to the consent of the coastal statesto carry out military activities. In the upper part of EEZ, there’s air defense identification zone(hereinafter referred to as ADIZ) to regulate other aircraft. The degree of these action’slegitimacy is different, but all reflect the international community’s attitude to other countriesmilitary use in the coastal state EEZ.The fourth part, it puts forward new advice about the regulation of other countries’military use in its EEZ. The concept of the upper area of EEZ is ignored to the convention,but to protect its airspace safety, play the role oft he upper area of the EEZ is many countries’choice. The existent ADIZ of nationals have diverse rules, and it leads to many practicalproblems. Perfecting and unifying these rules can give full play to the due legal status of theupper area of EEZ, and regulate military activities in its EEZ. At the same time, thecontiguous zone is part of EEZ. Exercising the contiguous zone control in the area can bemore effective to identify other illegal activities.The fifth part, it finds out measures to military use in our country EEZ. To protect ourrights in EEZ, it’s necessary to strengthen the military use of our EEZ appropriately. But theseno-war military actions shall have the relevant legal rules. To deal with other countriesmilitary use in China’s EEZ, we may protect national security from the following severalaspects: perfect our related laws and regulations, complete the construction of our air defenseidentification zone and deepen the reform of State Oceanic Administration. Also we shouldestablish comprehensive security system, to prepare for legitimate military use beforehandand after all the work.