Journal Article

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

Raul (Pete) Pedrozo

in Chinese Journal of International Law

Volume 9, issue 1, pages 9-29
Published in print March 2010 | ISSN: 1540-1650
Published online March 2010 | e-ISSN: 1746-9937 | DOI: https://dx.doi.org/10.1093/chinesejil/jmq007
Preserving Navigational Rights and Freedoms: The Right to Conduct Military Activities in China's Exclusive Economic Zone

Show Summary Details

Preview

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.

Journal Article.  9297 words. 

Subjects: International Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content. subscribe or login to access all content.