Research On Regulation Of Foreign Marine Survey In Exclusive Economic Zone By Coastal States

Since 2006,in the South China Sea,the Yellow Sea and the East China Sea,foreign warships and survey vessels have carried out marine surveys in China's exclusive economic zone many times.These actions not only occurred in China,but also in developing coastal countries such as India.These actions not only hurt the relations between the two countries,but also threatens national security.Developing coastal countries and developed countries make a long-term game on the legality of marine surveying in the exclusive economic zone.This dissertation is mainly divided into four parts to discuss related issues on foreign marine surveying in exclusive economic zone.The first part is an overview of the relevant issues of marine survey.marine survey should be defined as a general name of various surveying work in the ocean area,including water depth,ocean gravity,seabed topography,ocean magnetic force,etc..Marine survey and marine scientific research are two different concepts,which are distinguished by the Convention and the scholars.The relation between marine surveying,marine surveying and mapping,hydrology surveying and military surveying is also analyzed.The second part is the dispute caused by the regulation of foreign marine survey in the exclusive economic zone.On this issue,the maritime power led by the United States and the developing coastal country led by China and India has different attitude.The main reasons for the disputes are the unique geographical advantage of the exclusive economic zone and the imbalance in the development of the marine power of various countries.The focus of the dispute are the legal status and nature of exclusive economic zone,the relationship between the lawful utilization of other marine resources such as ocean survey and freedom of navigation,and the issue of immunity of warships.The third part is the international legal basis for regulation of foreign marine survey in the exclusive economic zone.The relevant principles of the Convention,that is,the principle of the peaceful use of the sea,the principle of due regard and the principle of prohibiting abuse of rights;International customary law binds non-contracting parties;The rights of coastal States according to the Convention,that is,the coastal state's sovereign right over the conservation and management of biological resources.Jurisdiction over the protection of the marine environment and the construction of artificial islands,facilities and structures.Part fourth is the enlightenment to our country of the regulation of foreign marine survey in the exclusive economic zone.There are realistic needs and security needs for regulation in China.Several factors should be considered in the regulation:the development of China's marine strength,the appropriateness and moderation of regulation,and the legal diplomacy and public diplomacy of regulation.With the development of world politics,military affairs,economy,science and technology,it is consistent with the law of development to restrict the maritime activities of other countries in the sea area under national jurisdiction or even in the sea areas outside national jurisdiction.It is also reasonable for the Convention to impose a series of restrictions on marine surveying,which is also help to further allay the many concerns of coastal States with regard to marine surveying.The Convention did not make provision or provision is not clear for marine surveying in the exclusive economic zone,which have divergences between coastal states and other States,this has caused many contradictions and conflicts,which seriously jeopardized the rights and interests of the coastal States.The marine surveying in the exclusive economic zone has attracted the unprecedented attention of the international community.How to define the marine survey and how to distribute the power are also become the direction of the further development of the law of the sea.