|
Secondly, we are in favor of properly publicizing national maritime laws, regulations and policies promulgated by various countries so that the international community can have a better understanding of the stand and views of each country on the issue concerned. At the same time, we are in favor of strengthening the bilateral communication and consultation between countries concerned so as to effectively coordinate their stand on the issue of the military use of the EEZ.
Thirdly, we believe that the military and reconnaissance activities in the sea areas under the jurisdiction of the coastal state and its above air space, particularly the enduring and high-frequency maritime and air space reconnaissance, are not included in the freedoms of the sea and should be prohibited. From the technical point of view, the effect of such reconnaissance seems not as good as that of outer space reconnaissance. But such activities are disgustful just like flies at the dinner table.
Fourthly, we hope that after the countries concerned reached consensus on the legal criteria for navigation and overflight of foreign military vessels and aircraft in the EEZ, and if they would formulate their bilateral or multilateral guidelines for the military and intelligence gathering activities in the EEZ, the guidelines mentioned in the paper could be a valuable reference material.
Draft Jakarta, 28 October 2003
DRAFT GUIDELINES FOR MILITARY
AND INTELLIGENCE GATHERING ACTIVITIES IN THE EEZ:
by: Prof. Dr. Hasjim Djalal, M.A.
The provisions of the UNCLOS 1982 on the legality or permissibility of military and intelligence gathering activities in the EEZ of other countries are not so clear. Some states, particularly maritime powers, are arguing that there is no provision in the UNCLOS 1982 prohibiting those activities. In fact, they argue, that those activities, are within the meaning and the exercise of the freedoms of the sea, particularly the freedoms of navigation and over-flight, are clearly recognized in the UNCLOS 1982. On the other hand, many coastal countries consider that those activities would be prejudicial to their national security and therefore would not be within the meaning of peaceful uses of the sea; in fact those activities are clearly intended for military purposes which would be understood as non-peaceful and therefore could not be exercised. On the basis of this, some states, including in the Asia-Pacific region, have formulated unilateral legislation prohibiting or restricting those intelligence gathering and military activities, including military exercises, of foreign naval and air forces in and above their EEZ.
|
