A Study on the Disputes between the United States and China Concerning Military Activities Conducted in the Exclusive Economic Zone

• Main Authors: Kao, Mu-Lan, 高木蘭
• Other Authors: Song, Yann-huei
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/00803981458850328239

博士 === 國立臺灣海洋大學 === 海洋法律研究所 === 105 === A U.S. Navy EP-3 Aries II spy plane which was on a surveillance mission collided with a Chinese J-8 interceptor in the airspace on April 1, 2001. The incident occurred about 50 miles southeast of China's Hainan Island, and led to some legal disputes. Does the U.S. have right under international law to conduct military activities along the Chinese coast within its EEZ or over the area? According to China’s point of view, it is illegal for EP-3 to enter its territorial space without prior approval. There has been a series of troubling incidents in so-called “international waters”or “international airspace” bodering the People’s Republic of China (PRC). Several maritime conflicts between PRC and the United States of America (USA) have occurred successively in the sea areas around China, including, the USNS Bowditch encounter, the USNS Impeccable incident, China Seizes US UUV, etc.. Legally, these conflicts were caused by the different interpretation and application between the two countries of the United Nations Convention on the Law of the Sea (UNCLOS). PRC stated that USA warships, naval auxiliaries or aircrafts cannot appeare to be actively engaged in a signals intelligence operation inside what the Chinese consider their Exclusive Economic Zone (EEZ) without permission. Actually, their presence in the area was unauthorized and broke international law and Chinese laws and regulations. But, the USA government insisted on the freedom of military activities in the EEZ and refused to recognize excessive maritime claims put forth by foreign governments. USA made the statement on the phrase “other internationally lawful uses in the Article 58(1) of UNCLOS was intended to preserve in the EEZ the freedom to use the high seas for military purposes. Hainan Island, with numerous airfield and submarine bases, remains an area of interest for USA, per international law, military activities may be conducted “as an exercise of the freedoms of navigation and overflight.” Therefore, USA stated that it’s ship was engaged in lawful military activities in China’s claimed EEZ, and blamed PRC for the common element of most of the conflicts between the two sides is China’s perception of its national security and international responsibilities. As several USA officials declared that USA military vessels and aircraft “will continue to sail, fly, and operate anyehere that international law allows.”, and thus tension rises, this kind of incidents will happen again and again with the USA carrying out the FONOPs. Is intelligence data-gathering by USA governments within China’s EEZ llegal or illegal? It seems these questions between the countries are open to debate. The purpose of this thesis is to discuss the related issues mentioned above.