Preserving Navigational Rights and Freedoms: The Right to Conduct Military Activities in China's Exclusive Economic Zone

Posted: 8 Mar 2010  

Raul (Pete) Pedrozo

Government of the United States of America - U.S. Naval War College

Date Written: March 2010

Abstract

China's views on coastal State authority in the exclusive economic zone (EEZ) are not supported by State practice, the negotiating history of the United Nations Convention on the Law of the Sea (UNCLOS), or a plain reading of Part V of the Convention. All nations may legitimately engage in military activities in foreign EEZs without prior notice to, or consent of, the coastal State concerned. Efforts were made during the negotiations of UNCLOS to broaden coastal State rights and jurisdiction in the EEZ to include security interests. However, the Conference rejected these efforts and the final text of the Convention (Article 58) ultimately preserved high seas freedoms of navigation and overflight and other internationally lawful uses of the seas related to those freedoms, to include military activities, in the EEZ.

Suggested Citation

Pedrozo, Raul (Pete), Preserving Navigational Rights and Freedoms: The Right to Conduct Military Activities in China's Exclusive Economic Zone (March 2010). Chinese Journal of International Law, Vol. 9, Issue 1, pp. 9-29, 2010. Available at SSRN: https://ssrn.com/abstract=1565306 or http://dx.doi.org/jmq007

Raul (Pete) Pedrozo (Contact Author)

Government of the United States of America - U.S. Naval War College ( email )

686 Cushing Road
Newport, RI 02841
United States
4018411536 (Phone)

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