(Last Updated, 6 August 2019)
Article 56 of the United Nations Convention on the Law of the Sea provides that the coastal State has sovereign rights over the natural resources in their EEZ.
According to Article 57, the exclusive economic zone (EEZ) shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.
Article 58(2) - "Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part."
Article 58(3) provides that States "shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of the Convention and other rules of international law in so far as they are not incompatible with this Part".
Article 88 - "The high seas shall be reserved for peaceful purposes".
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South China Sea
Declarations made by China
(Summary of paper presented by Cheng Xizhong, Research Fellow, China Institute for International Strategic Studies, Beijing, China)
"Some countries carry out 'military hydrographic survey' activities in the EEZs of coastal states without their permission. China believes that in a military sense, this is a type of battlefield preparation and thus a threat of force against those countries, thus violating the principle of peaceful use of the sea."
(Summary of paper presented by Cheng Xizhong, Research Fellow, China Institute for International Strategic Studies, Beijing, China)
Foreign Ministry Spokesperson Ma Zhaoxu's Regular Press Conference on March 10, 2009
"In accordance with the provisions of the United Nations Convention on the Law of the Sea, the People's Republic of China shall enjoy sovereign rights and jurisdiction over an exclusive economic zone of 200 nautical miles and the continental shelf."
Exclusive Economic Zone and Continental Shelf Act (Adopted at the third session of the Standing Committee of the Ninth National People's Congress, 26 June 1998)
Embassy Spokesman on China’s Position on the Exclusive Economic Zone and the Continental Shelf (01/27/03)
"China views the legal obligation of the 'peaceful purpose' provision in a broad way. It believes it includes the obligations to refrain from any action which would infringe upon the national security interest of coastal countries, the obligation to respect and observe laws and rules formulated by coastal countries for maintaining their national security interests, and the obligation to submit to executive measures taken by coastal countries to maintain peace, tranquility and good order in their maritime space."
Video of Confrontation between the USNS Impeccable and Chinese vessels in the South China Sea
Video of the Chinese confrontation with the USNS Impeccable
Maritime Territorial and Exclusive Economic Zone (EEZ) Disputes Involving China: Issues for Congress, Ronald O'Rourke, Congressional Research Service, May 24, 2018.
Freedom of Navigation in the South China Sea: A Practical Guide, Eleanor Freund, Belfer Center, June 2017.
Understanding the Freedom of Navigation Doctrine and the China-US Relations in the South China Sea: Legal Concepts, Practice, and Policy Implication, Nong Hong, Institute for China-America Studies, May 2017.
Restrictions on Foreign Military Activities in the Exclusive Economic Zone: Major Power's 'Lawfare', MAJ Chuah Meng Soon, Pointer, Journal of the Singapore Armed Forces, Vol. 42, No. 1 (2016)
China wages maritime 'lawfare', Foreign Policy, March 2, 2009.
Tempting the Dragon, Mark Valencia, Policy Forum 09-020, Nautilus Institute, March 12, 2009.
The 'territorialisation' of the Exclusive Economic Zone: Implications for maritime jurisdiction, Sophia Kopela (2009)
China's Action in South and East China Seas: Implications for U.S. Interests-Background and Issues for Congress, Congressional Research Service (Updated January 31, 2019).
Military Activities in the Exclusive Economic Zone: Preventing Uncertainty and Defusing Conflict, Captain George Galdorisi, Commander Alan Kaufman, 32 California Western International Law Journal 253 (2004)
The Legality of the "Impeccable Incident", Ji Guoxing, China Security, Vol. 5, No. 2 (Spring 2009), pp. 19-24.
The Regime of the Exclusive Economic Zone: Issues and Responses, p.31 (A Report of the Tokyo Meeting, 2003)
How China, US View Each Other at Sea, Patrick Cronin, The Diplomat, May 29, 2011.
China’s EEZ: A US-China Danger Zone ("Limits of Tolerance"), Jerome A. Cohen & Jon M. Van Dyke, South China Morning Post, December 12, 2010.
Spying Activities Unacceptable (China Daily, November 21, 2011)
Intelligence Gathering in the Exclusive Economic Zone, Efthymios Papastavridis, 93 INT'L L. STUD. 44 (2017)
Military Activities in the EEZ: A U.S.-China Dialogue on Security and International Law in the Maritime Commons, Naval War College, China Maritime Studies Institute, No. 7, December 2010. (includes "Aerial Reconnaissance by Military Aircraft in the Exclusive Economic Zone", Lt. Col. Andrew S. Williams, U.S. Air Force).
Close Encounters at Sea: The USNS Impeccable Incident, Captain Raul Pedrozo, JAGC, U.S. Navy, Naval War College Review, Summer 2009, Vol. 62, No. 3.
The Legality of Foreign Military Activities in the Exclusive Economic Zone under UNCLOS, Jing Geng, Merkourios, Utrecht Journal of International and European Law, Merkourios Volume 28/Issue 74, pp. 22-30 (2012).
Armed Clash in the South China Sea, Bonnie Glaser, Contingency Planning Memorandum No. 14, April 2012.
Freedom of Navigation, Surveillance and Security: Legal Issues Surrounding the Collection of Intelligence from Beyond the Littoral, Stuart Kaye, Australian Yearbook of International Law,Vol. 24, 93-105 (2005).
The Regime of the Exclusive Economic Zone: Issues and Responses, p.30 (A Report of the Tokyo Meeting, 2003)
Map of the United States EEZ
Guidelines for Navigation and Overflight in the Exclusive Economic Zone, Ocean Policy Research Foundation, September 26, 2005.
Maritime Claims Reference Manual (U.S. Department of Defense).
The Commander's Handbook on the Law of Naval Operations, U.S. Department of the Navy (August 2017 edition).
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