An Avoidable Maritime Conflict: Disputes Regarding Military Activities in the Exclusive Economic Zone

摘要

The position that China, among others, advances regarding sovereignty in the EEZ was debated, discussed, and rejected over the course of nine years, culminating in a "package deal" that is the widely regarded Convention. These contrary views, which disregard LOS Convention negotiating history and terms as well as state practice, or creatively parse LOS articles, undermine the Convention's force by stoking uncertainty and jeopardizing the sea-lanes of communication. While the Convention may not be a model of precision,60 the EEZ provisions are sufficiently clear.