China’s Law of the Sea experts interpret laws and regulations related to maritime military activities measured
Jin Yongming, Shanghai Academy of Social Sciences, deputy director of Maritime Law of the Sea
data for: U.S. Navy surveillance ship underway at sea activities
5 January, the U.S. Navy surveillance vessel” victory “violation of international law and Chinese laws and regulations, in the case without China’s permission to enter the Yellow Sea, China’s exclusive economic zone activities. As the “Convention” does not measure the activities of the military to make it clear that we can only content from the marine scientific research to find the basis. State may give notice in writing to the UN Secretary-General, called for “the Convention” in amended to increase the measured activity of the military requirements.
China ocean surveillance since July 20, 2006 began in the waters under the jurisdiction of the regular rights of China’s cruise has been in the East China Sea, South China Sea and Yellow Sea has repeatedly occurred in foreign warships and vessels in our exclusive economic measure measurement activities, events area, a serious threat to China’s national security. As the “United Nations Convention on Law of the Sea” (hereinafter referred to as “the Convention”) did not measure the activities of the military to make it clear that there is no measurement of activities of military terminology there. Therefore, the content of marine scientific research should begin parsing, and find relevant basis.
so-called “marine scientific research” means in accordance with this Convention exclusively for peaceful purposes, in order to enhance scientific knowledge about the marine environment in order to seek the benefit of all mankind for research activities (“the Convention” Article 246 paragraph 2, paragraph 3). “Convention” Article 238 stipulates that all countries have the right to conduct marine scientific research. Article 240 of the marine scientific research principles: exclusively for peaceful purposes, and should include the protection of the marine environment, including compliance with all relevant regulations.
in the exclusive economic zone and continental shelf marine scientific research, shall be subject to coastal State consent. Under normal circumstances, the coastal marine scientific research in other countries should plan to give consent, but if the marine scientific research project involves: (1) and biological or non-living natural resource exploration and development are directly related; (2) involves the continental shelf drilling, use of explosives or harmful substances into the marine environment; (3) involves artificial islands, installations and structures, construction, operation or use; (4) contains questions about the nature and objectives of the program incorrect information, or such as studies of the State or competent international organizations, as previous research projects and responsibility of the unfulfilled obligations of coastal States, the coastal State may not agree.
involving “research or survey activities”, “Convention” Article 19, paragraph 2 is to “conduct research or survey activities” as the damage to coastal states for peace, good order or security of an activity dealing with a; Article 21, paragraph 1, the coastal State may develop marine scientific research and hydrographic surveys of innocent passage through territorial waters on the laws and regulations.
visible, “research or survey activities” in scope than “marine scientific research and hydrographic surveys” range, which includes surveys and other measurement activities. Especially military measurement activities, findings generally are not open, it seems to be different from the marine scientific research, but because of damage to coastal states for peace and security, some countries have adopted the principle of prior consent.
if other countries did not apply in the exclusive economic zone in the investigation, or investigations with different contents of the prior application, the coastal State may request to suspend or stop their activities. (“The Convention” Article 253)
as “the Convention” to measure the activities of military specification ambiguity, the practice of different countries. Specifically, the United States and Britain that the military survey activities are free in principle, not subject to the jurisdiction of coastal States. Most countries believe that the military should stick to measure the activities of the coastal State consent, otherwise it can not be implemented, for example, Japan, India and China.
problem is, especially in his country’s naval vessels or ships commissioned by the Government without the approval of the coastal State, in his country’s exclusive economic zone without the implementation of Military Survey activities will be more complex to deal with the means of most limited, because the “Convention” Article 95, 96 and Article 58, paragraph 2, they have complete immunity.
as “the Convention” does not clear the contents of peaceful purposes, it is generally believed that, as long as the “Charter” no contradiction between the military activities are feasible. Coastal warship found in his own country’s exclusive economic zone in measurement or investigation activities, in addition to protest through diplomatic channels, the interference can only take, track, to stop, retreat and other methods, if the other party does not listen to advice to continue , seems to do nothing. Of course, you can send warships to the threat, but may lead to more tension.
In fact, there is a valid legal means: State may by notice in writing to the UN Secretary-General, called for “the Convention” be amended to increase the provision of military survey activities to address the country because of the Military Survey activities triggered by different interpretations of controversial issues. Most countries insist on coastal military survey activities should be agreed position, make a few maritime country a lot of pressure, especially the United States has so far not ratified the “Convention”, a written notice of the above mentioned amendment can not stand. This written statement may be able to respond to a majority of States, the promotion of correct “conventions” in order to resolve this problem.
Chinese laws and regulations to regulate marine scientific research, “Exclusive Economic Zone and Continental Shelf” (June 26, 1998 promulgation) and “foreign marine scientific research regulations” (June 18, 1996 release, October 1, 1996 shall come into force). For example, the “Exclusive Economic Zone and Continental Shelf Act,” Article 9, any international organization, foreign organization or individual exclusive economic zone and continental shelf in China to carry out marine scientific research, must be approved by the Chinese authorities and comply with China’s laws and regulations; “foreign marine scientific research regulations,” Article 4, alone or in cooperation with China foreign marine scientific research activities, subject to the national marine administrative department or approved by the National Oceanic and report to the State Council administrative department, and comply with Chinese laws and regulations.
within the meaning of these terms are essentially the marine administrative department of the State Oceanic Administration. Measurement activities for the military, but they did not make any provision concept, in fact, the generalized Chinese marine scientific research activities (including military activities) concept and implementation of pre-licensing system. Therefore, by modifying the relevant provisions of these regulations, and military authorities to clarify the specific content of measurement activities. (Jin Yongming, Shanghai Academy of Social Sciences, deputy director of Maritime Law of the Sea)
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