|
2. A copy of those legislations should also be deposited and kept in the UN Secretariat, as well as being placed in the UN website for easy reference by any interested states, authorities, or persons, with a view to increasing transparencies and mitigating hostile intention.
3. Without prejudice to the legal position of the navigating/exercising military vessels and aircraft, the military vessels and aircraft in exercising the freedoms of navigation and over-flight in the EEZ, should make every effort to observe and comply with the legislation on the basis of ‘good will’, non abuse of right, and in order to promote transparency and the development of conducive political climate in the area, without prejudice to the rights of the military vessels and aircraft to protect its safety and security. If a maritime country concerned chooses not to observe the coastal states-law, it should notify the state as to what it intends to do and why, and how it proposes to eliminate or prevent misunderstanding with the coastal state.
4. In the meantime, and as necessary, the relevant states should start or continue to develop dialogue to seek mutually acceptable solution or modus operandi bilaterally first, and if possible at regional level at a later stage.
5. Military vessels or aircrafts navigating in or over-flying the EEZ of other countries for ‘peaceful purposes’ should not disturb or threaten the sovereignty, territorial integrity or independence of the coastal states. They should not carry out any action that would contravene the principles of international law as embodied in the UN Charter. They should not carry out military exercises directed against the coastal states in whose EEZ they navigate or over-fly. Should they need to carry out ‘routine minimal exercises’, they should do so as far away as possible from: (1) the coast line (way beyond 12 miles from the territorial seas), (2) from installations and structures or artificial islands in the EEZ, (3) from areas where there are marine parks, intensive fishing activities, either traditional or commercial, and marine tourism, (4) from areas that are heavily navigated over-flown, either nationally or internationally, or (5) too close to heavily populated areas (say, within the range of its weapons capabilities). If there are high seas beyond the EEZ, they should make every effort to limit the exercises or activities while they are still on the High Seas. Otherwise, the military exercises could be accused of threatening or intimidating local population or local activities, especially if there is a problem between the local government and the central government in that state, such as local rebellion or separatist movement in the area. Those exercises would not be understood to have peaceful motive.
|
