Your browser does not support the NLM PubReader view.

Go to this page to see a list of supporting browsers.
KMI International Journal of Maritime Affairs and Fisheries
Korea Maritime Institute

KMI Int. J. Marit. Aff. Fish. 2011; 3(2):163-181

pISSN: 2005-9795

DOI: https://doi.org/10.54007/ijmaf.2011.3.2.163

Article

Legal Study on Military Activities in the EEZ: With a Focus on Foreign Military Activities in the EEZ of P. R. China

Yao-Dong Yu*, Wen-Jin Piao**
*Associate Professor, Law School of Shanghai Maritime University.1500 Pudong Avenue, Shanghai, 200135, P. R. China. E-mail: yydong888@yahoo.com.cn
**Senior Researcher, Global & Future Research Division, Korea Maritime Institute. 1652 Sangam-dong Mapo-Gu Seoul, 121-270, Korea. E-mail: mjpark@kmi.re.kr

© Copyright 2021 Korea Maritime Institute. This is an Open-Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/4.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Received: May 02, 2011; Revised: May 30, 2011; Accepted: Jun 24, 2011

Published Online: Dec 31, 2011

ABSTRACT

Military activity in the EEZ is a very complicated issue. In view of the fact that the USA has engaged many kinds of military activity in the EEZ of the P. R. China and that these activities has led to conflicts between the two countries, this article deals with the legal issues of military activities of one country in the EEZ of another country with focus on the foreign especially USA military activities in the EEZ of the P. R. China. This article, on the basis of legal documents such as the UN Charter, the UN Convention on the Law of the Sea, and on the basis of laws and practice of related countries, analyzes the following issues: the legal status of the EEZ under international law and its impact on military activity of one country in the EEZ of another country, the relation between peace principle and military activity of one country in the EEZ of another country, the navigation of military vessels of one country in the EEZ of another country, the flight of military aircrafts of one country over the EEZ of another country, the marine scientific research conducted by military vessels of one country in the EEZ of another country, the military survey conducted by military vessels or military aircrafts in the EEZ of another country, the military exercises or arms trials held by one country in EEZ of another country, and the use of force by military vessels or aircrafts of one country in the EEZ of another country. At the end, the article summarizes the main points discussed and analyzed.

Keywords: The UN Convention on the Law of the Sea; EEZ; military activity