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It must be emphasized that there are two “due regards” in Article 56 and Article 58. The former demands that “in exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention”, while the latter demands that “in exercising their rights and performing their duties under this Convention in the exclusive economic zone, other 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 this Convention and other rules of international law in so far as they are not incompatible with this Part”.
Provided that there is an identical comprehensive understanding of terms like sovereign rights, exclusive jurisdiction, due regard, freedom of navigation and overflight referred to in Article 87, then the regime which consists of these Articles should be the ‘specific legal regime.’ However, there is confusion and disagreement regarding the meaning of those terms. So only the following conclusions about the specific legal regime can be drawn. The EEZ is not the high seas but an area beyond and adjacent to the territorial waters of the coastal State, where the coastal State enjoys sovereign rights and exclusive jurisdiction for specific matters. It cannot be called international waters. In the EEZ, the traditional freedom of the high seas does not exist, and the “freedoms of navigation and overflight” and “other internationally lawful uses” enjoyed by other States in the EEZ are “freedoms” and “uses” restricted by the rules of the Convention and other international laws. The ‘quality’ or the ‘quantity’ of these freedoms is much different from the freedoms of the high seas in that there are more restrictions on them.
2. Sovereign Rights And Exclusive Jurisdiction Of The Coastal State
Article 56 of the 1982 UNCLOS stipulates that the coastal State has sovereign rights and exclusive jurisdiction in the EEZ, which includes sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources in the area, and the exclusive jurisdiction with regard to “the establishment and use of artificial islands, installations and structures, MSR and protection and preservation of the marine environment”. The international community has a common understanding of the concept of sovereign rights and exclusive jurisdiction. However, regarding military activities in the EEZ the dispute includes MSR and marine surveys conducted by military vessels. This dispute is not over the meaning of exclusive jurisdiction but over the concept of MSR, marine hydrographic research and military surveys.
Based on the concept of sovereign rights and exclusive jurisdiction of the coastal State, the coastal State enjoys exclusive jurisdiction over MSR in its EEZ. It thus has the right to formulate and implement relevant national laws and regulations for MSR in its EEZ, and has the right to exercise supervision, board and monitor any MSR platforms in its EEZ. Countries and organizations which wish to conduct MSR in the EEZ of a coastal State should respect this exclusive jurisdiction, observe relevant national laws and regulations, and comply with or abide by the supervision, boarding and monitoring by law enforcement forces of the coastal States.
3. MSR in the EEZ
Part V and Part XIII of 1982 UNCLOS provide a general regime for MSR in the world ocean. MSR in the EEZ shall be conducted with the consent of the coastal State: coastal States shall, “in normal circumstances”, grant their consent for MSR projects to be carried out in accordance with the Convention “exclusively for peaceful purposes” and designed to increase scientific knowledge of the marine environment for the benefit of all mankind. Coastal States may in their discretion decide whether to grant or withhold their consent for other MSR activities.
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