Dilemma And Reduction Of The Implementation Of "Military Activity Exception" In Article 298 Of UNCLOS

Today,with the profound changes in the international situation,the activities of countries in the international ocean have become the key node of the game and strategic power struggle between countries.The actions of armed forces in the International Shanghai Ocean have always been guided by the United Nations Convention on the sea(UNCLOS),and the marine activities of various countries are generally handled in accordance with the UNCLOS agreement.With the increasingly frequent international marine activities of various countries and the increasingly intensive development of marine rights and interests,the disputes over international marine rights and interests of various countries in the world are becoming increasingly fierce,and the international marine disputes are increasing.With the development of marine navigation technology and marine military technology,the forms of international maritime disputes tend to be diversified.The binding force of UNCLOS on the settlement of international maritime disputes and maritime acts is becoming weaker and weaker.Article 298 of UNCLOS on "exceptions to military activities" also faces challenges in judicial interpretation and implementation at the level of international law.In international maritime activities,almost all acts of sovereign law enforcement,scientific exploration,military exercises,maritime rescue,convoy and other operations involve armed forces.The participation of armed forces in these maritime activities makes international maritime disputes more complicated.The agreement on "exceptions to military activities" in UNCLOS presents new challenges in actual dispute coordination,UNCLOS,originally used for dispute settlement,is difficult to play its due role in the actual implementation,and has become a dispute clause in the international maritime dispute game.Article 298 of UNCLOS stipulates that in international maritime disputes,if it is a military activity,it does not belong to the content of submitting to an international judicial arbitration institution for arbitration.The parties to the dispute may refuse to submit the dispute to an international judicial arbitration institution for arbitration because the dispute belongs to a military action.This is the agreed content of the "exception to military activities" clause of article 298 of UNCLOS.From the perspective of the time of the international maritime disputes in recent years,the definition of military activities has become increasingly vague,and the "exception to military activities" clause has become the focus of disputes in the arbitration procedure at the judicial level of international law.Through the research and analysis of the "exception to military activities" clause of UNCLOS,this paper tries to find out the difficulties in the international implementation of the "exception to military activities" clause 298 of UNCLOS and find ways to reduce them from the law enforcement dilemma of the "exception to military activities" clause 298 of UNCLOS,and takes the "Kerch Strait case" as a case.As a large maritime country,China has a long coastline and a large number of maritime neighbors.From Northeast Asia to the Taiwan Strait and then to the South China Sea,China is facing an increasing number of international maritime disputes.From the recent "South China Sea arbitration case" to the issue of freedom of navigation in the South China Sea,all these have posed new challenges to the maintenance of China’s maritime sovereignty and the settlement of maritime disputes.The settlement of these maritime disputes involves the definition of "military activities" and the coordination of relevant international judicial interpretations.This paper starts from the long-term protection of China’s maritime rights and interests and the coordinated settlement of international maritime disputes,and looks for a reasonable way to protect China’s maritime rights and interests from the perspective of international law.