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To sum up, we conclude that the legal issue of the military and reconnaissance activities in the EEZ is a new and simple issue, which has not been solved by the law of the sea. It needs further study through the common efforts of the entire international community.
How should we solve this old/ new complicated/ simple problem? we would like to recommend three steps: First, discuss to formulate a set of legal criteria for the military activities in the EEZ in light with the recent and past state practices as well as the reality and future trend of naval equipment and technology development. Define what kind of military activities in the EEZ are legal or illegal according to the criteria. Secondly, formulate concrete procedures, mechanism, measures and methods, ways and means of supervising so as to monitor such activities of foreign military vessels and aircrafts. This mechanism can be bilateral or multilateral. We recommend that it could be better to start bilaterally, for the disputing military activities in the EEZ are always come bilaterally. Third, work to formula principles and guidelines for foreign military vessels and aircraft in the EEZ. It must be pointed out that these steps are linked together and should be taken one after another. The principles and the guidelines can be formulated only after “legal criteria” and “effective monitoring mechanism” is established.
We appreciate very much what has been done by Prof. Dr. Hasjim Djalal, M.A. in drawing up “Draft Guidelines for Military and Intelligence Gathering Activities in the EEZ”. However, since the disputes over the EEZ regime and especially the “quality” and “quantity” of the rights and obligation of maritime power parties and coastal state parties remain unsolved, we think that such guidelines comes out a little bit earlier. We believe that If the international community could further define the “quality” and “quantity” of the rights and obligation of maritime power parties and coastal state parties in EEZ and its above air space, the guidelines could play a better role to guide the future foreign military activities in that area.
Some specific points
We have four specific commentary on the “Draft Guidelines”:
Firstly, we welcome every efforts made by the international community which could promote mutual understanding between the maritime states and the coastal states. But at present we are looking forward that the rights and obligations of maritime states when they are in the EEZ of other states could be clearly defined.
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