Research On Article 298 "Exceptions For Military Activities" Of UNCLOS

As land resources continue to decrease and the global population continues to grow,the strategic value of the oceans continues to be highlighted,and countries are beginning to realize the importance of the oceans.In order to fight for the limited marine resources and maintain the rights and interests of their own maritime areas,maritime activities,mainly by coastal countries,have become more and more frequent.With the further depth development of the sea,military forces are constantly involved in various maritime activities.In recent years,military technology has been developed and the operational capability of the navy has been greatly enhanced,and the types of maritime military activities are increasingly diversified,such as the participation of military entities in maritime law enforcement,surveying,testing,reconnaissance,and exercises.Due to the natural connotation and appearance of military forces with "military attributes" and "political sensitivity",the characterization of "military-related maritime activities" has been controversial.Such emerging "military-related activities" are not regulated by international law and challenge the application and interpretation of existing international regulations.The entry into force of the United Nations Convention on the Law of the Sea(hereinafter referred to as "the Convention"),which is known as the "Charter of the Oceans" affecting the global landscape today,marks the formation of a new global maritime order.The Convention provides a legal framework for all kinds of maritime activities,but unfortunately,there are relatively few provisions on"military activities".The only reference to "military activities" in the text is in Article 298(1)(b),according to which disputes concerning "military activities" may be excluded from the Convention’s compulsory dispute settlement procedures by declaration of the States Parties,a provision known as the "military activities exception.This provision is known as the "military activities exception" clause.However,the Convention does not clearly define the meaning or scope of "military activities",which has led to difficulties in the application and interpretation of the"military activities exception" clause in international judicial activities.This thesis is divided into an introduction and a body,which consists of four parts.The first part analyzes the causes and manifestations of the dilemma by combining the theory of international law,the spirit of the Convention legislation and the maritime practice in the 21st century,and concludes that the dilemma in the application and interpretation of the clause at this stage is mainly reflected in three important aspects: the ambiguous treatment of "military activities" by international rules,the conflicting positions of traditional maritime powers and emerging maritime powers,and the conflicting positions of sovereign states.The second part focuses on the analysis and comparison of the process of applying and interpreting the "military activities exception" in the cases of "Rights of Coastal States","Arrest of Ships","Maritime Delimitation",etc.,and summarizes the criteria for determining "military activities" by the arbitral tribunal and the tribunal.There is a tendency to raise the threshold of "military activities" in order to expand their own jurisdiction.Such a way of dealing with the issue will lay a potential problem for the settlement of similar disputes in the future,so there is an urgent need to establish a standard for the determination of "military activities" in line with the practice.Based on the analysis in the second part,the third part,from the ordinary meaning of the provision,synthesizes the contracting information and the purpose of the Convention,the intention of the contracting parties,and the purpose of the provision,and concludes that the "military activities exception" should be interpreted in a limited way,and tries to propose a feasible and universally applicable Fourthly,based on the above analysis and conclusion,we will try to propose a feasible and universally applicable standard for the determination of "military activities".Fourth,based on the above analysis and conclusion,the attitude of China’s interpretation and application of the "military activities exception" clause is proposed,as well as the suggestion of how to avoid and cope with the risk of compulsory jurisdiction in the disputed sea area in the process of maritime defense and law enforcement by China’s maritime police agencies.