专属经济区非沿海国军事活动的法律问题
发布时间：2018-12-14 03:42
【摘要】：专属经济区指沿海国在其领海以外邻接其领海的海域所设立的一种专属管辖区。在此区域内沿海国为勘探、开发、养护和管理海床和底土及其上覆水域的自然资源的目的,拥有主权权利。此外,沿海国在专属经济区还有在海洋科学研究和海洋环境保护等方面的管辖权。海洋强国凭借其强大的军事能力通过经济专属区去搜集沿海国的军事情报等信息,甚至给沿海国以军事威胁,而沿海国为了维护自己的利益极力强调专属经济区的权益以阻止外国的军事活动,这就使专属经济区的斗争异常尖锐。 专属经济区是《联合国海洋法公约》创设的一个新制度。这个新制度既为沿海国维护海洋权益提供了法律依据,同时又因各国对其理解和运用的差异引发了一系列问题。本文以专属经济区制度为切入点,先对专属经济区进行概念分析,然后对专属经济区上空非沿海国的“航行和飞越自由”问题、专属经济区的“军事测量”问题、非沿海国军事活动“和平目的”问题、非沿海国军事活动权利与其他国家权利问题等进行了系统、全面和深入地辨析。并在此基础上对专属经济区非沿海国军事活动争议问题的解决进行了论证,以阐明:非沿海国享有“航行和飞越自由”等权利,但是非沿海国的这些活动要受到限制。 文章的第一部分从《联合国海洋法公约》规定出发,分析了专属经济区的法律性质。第二部分论述了专属经济区上空非沿海国的“航行和飞越自由”问题。指出非沿海国在专属经济区只享有“限制下”的自由;专属经济区空域不是公空,沿海国享有有限管辖权;非沿海国在专属经济区内航行和飞越时应承担相应的法律义务。 第三部分论述了非沿海国在专属经济区的“军事测量”问题。指出,“军事测量”属于“海洋科学研究”,因此,沿海国对“军事测量”享有管辖权。 第四部分论述了非沿海国军事活动“和平目的”问题。指出,各国对非沿海国军事活动如何体现“和平目的”存在争议。允许国家基于“和平目的”进行一般意义上的军事活动,并要求军事活动相互尊重。 第五部分论述了非沿海国军事活动权利与其他国家权利问题。指出,军事活动必须优先“适当顾及”沿海国的合法权利;沿海国在“剩余权利”的分配上应处于主导和优先地位。 第六部分论述了专属经济区非沿海国军事活动争议问题的解决。非沿海国军事活动争议的特性决定了国家多采取政治方法解决争端。中国一贯奉行和平方式解决国际争端的原则,对于专属经济区军事活动争议也是一样。
[Abstract]:Exclusive economic zone (EEZ) refers to an exclusive jurisdiction established by a coastal State adjacent to its territorial sea outside its territorial sea. A coastal State in the area shall have a sovereign right for the purpose of exploration, exploitation, conservation and management of the natural resources of the seabed and subsoil and its overlying waters. In addition, coastal States have exclusive economic zone jurisdiction in marine scientific research and marine environmental protection. Maritime powers rely on their powerful military capabilities to collect military intelligence and other information from coastal states through exclusive economic zones, and even pose military threats to coastal States. In order to protect their own interests, the coastal states try to emphasize the rights and interests of the exclusive economic zone to prevent foreign military activities, which makes the struggle of the exclusive economic zone extremely sharp. The exclusive economic zone is a new system created by the UN Convention on the Law of the Sea. This new system not only provides legal basis for coastal states to safeguard their rights and interests of the sea, but also causes a series of problems because of the differences in their understanding and application. Based on the system of exclusive economic zone (EEZ), this paper first analyzes the concept of EEZ, then discusses the "freedom of navigation and overflight" of non-coastal states over EEZ, and the "military survey" of EEZ. The problem of "peaceful purpose" of the military activities of non-coastal States, the rights of military activities of non-coastal States and the rights of other countries are systematically and thoroughly analyzed. On the basis of this, the author demonstrates the dispute settlement of military activities of non-coastal states in the exclusive economic zone, in order to clarify that non-coastal States enjoy the right of "freedom of navigation and overflight", but these activities of non-coastal States should be restricted. The first part of the article analyzes the legal nature of exclusive economic zone from the provisions of the United Nations Convention on the Law of the Sea. The second part discusses the freedom of navigation and overflight of non-coastal states over exclusive economic zone. It is pointed out that non-coastal States only enjoy "restricted" freedom in the exclusive economic zone, that the airspace of the exclusive economic zone is not a public space, and that coastal States enjoy limited jurisdiction, and that the non-coastal States should bear corresponding legal obligations when navigating and overflying within the exclusive economic zone. The third part discusses the military survey of non-coastal states in the exclusive economic zone. It is pointed out that "military survey" belongs to "marine scientific research", therefore, coastal State has jurisdiction over "military survey". The fourth part discusses the peaceful purpose of military activities of non-coastal states. It is pointed out that there are disputes about how the military activities of non-coastal states embody "peaceful purposes". Allow States to conduct military activities in a general sense based on "peaceful purposes" and require mutual respect for military activities. The fifth part discusses the rights of military activities of non-coastal states and the rights of other countries. It was stated that military activities must give priority to "due regard" to the legitimate rights of coastal States, and that coastal States should be dominant and prioritized in the allocation of "residual rights". The sixth part discusses the settlement of military activities dispute in non-coastal states of exclusive economic zone. The nature of the dispute over the military activities of the non-coastal state determines that the state adopts political means to settle the dispute. China has always adhered to the principle of peaceful settlement of international disputes, as has the dispute over military activities in the exclusive economic zone.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D993.5
本文编号：2377852
[Abstract]:Exclusive economic zone (EEZ) refers to an exclusive jurisdiction established by a coastal State adjacent to its territorial sea outside its territorial sea. A coastal State in the area shall have a sovereign right for the purpose of exploration, exploitation, conservation and management of the natural resources of the seabed and subsoil and its overlying waters. In addition, coastal States have exclusive economic zone jurisdiction in marine scientific research and marine environmental protection. Maritime powers rely on their powerful military capabilities to collect military intelligence and other information from coastal states through exclusive economic zones, and even pose military threats to coastal States. In order to protect their own interests, the coastal states try to emphasize the rights and interests of the exclusive economic zone to prevent foreign military activities, which makes the struggle of the exclusive economic zone extremely sharp. The exclusive economic zone is a new system created by the UN Convention on the Law of the Sea. This new system not only provides legal basis for coastal states to safeguard their rights and interests of the sea, but also causes a series of problems because of the differences in their understanding and application. Based on the system of exclusive economic zone (EEZ), this paper first analyzes the concept of EEZ, then discusses the "freedom of navigation and overflight" of non-coastal states over EEZ, and the "military survey" of EEZ. The problem of "peaceful purpose" of the military activities of non-coastal States, the rights of military activities of non-coastal States and the rights of other countries are systematically and thoroughly analyzed. On the basis of this, the author demonstrates the dispute settlement of military activities of non-coastal states in the exclusive economic zone, in order to clarify that non-coastal States enjoy the right of "freedom of navigation and overflight", but these activities of non-coastal States should be restricted. The first part of the article analyzes the legal nature of exclusive economic zone from the provisions of the United Nations Convention on the Law of the Sea. The second part discusses the freedom of navigation and overflight of non-coastal states over exclusive economic zone. It is pointed out that non-coastal States only enjoy "restricted" freedom in the exclusive economic zone, that the airspace of the exclusive economic zone is not a public space, and that coastal States enjoy limited jurisdiction, and that the non-coastal States should bear corresponding legal obligations when navigating and overflying within the exclusive economic zone. The third part discusses the military survey of non-coastal states in the exclusive economic zone. It is pointed out that "military survey" belongs to "marine scientific research", therefore, coastal State has jurisdiction over "military survey". The fourth part discusses the peaceful purpose of military activities of non-coastal states. It is pointed out that there are disputes about how the military activities of non-coastal states embody "peaceful purposes". Allow States to conduct military activities in a general sense based on "peaceful purposes" and require mutual respect for military activities. The fifth part discusses the rights of military activities of non-coastal states and the rights of other countries. It was stated that military activities must give priority to "due regard" to the legitimate rights of coastal States, and that coastal States should be dominant and prioritized in the allocation of "residual rights". The sixth part discusses the settlement of military activities dispute in non-coastal states of exclusive economic zone. The nature of the dispute over the military activities of the non-coastal state determines that the state adopts political means to settle the dispute. China has always adhered to the principle of peaceful settlement of international disputes, as has the dispute over military activities in the exclusive economic zone.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D993.5
【引证文献】
相关硕士学位论文 前1条
1 孙辉;专属经济区内的军事活动问题[D];中国社会科学院研究生院;2013年
，本文编号：2377852
本文链接：https://www.wllwen.com/falvlunwen/guojifa/2377852.html
