Captain Pedrozo (USN, Ret.) is an Associate Professor at the Naval War College's International Law Department in the Center for Naval Warfare Studies (email: firstname.lastname@example.org). Previously, he was the Staff Judge Advocate for Commander, US Pacific Command. He has also served as a Special Assistant to the Under Secretary of Defense for Policy and as the head of the Navy's International and Operational Law Division. This paper was completed on 8 December 2009. Unless otherwise stated, the websites referenced were last accessed on the date that the article was completed
Raul (Pete) Pedrozo; Preserving Navigational Rights and Freedoms: The Right to Conduct Military Activities in China's Exclusive Economic Zone. Chinese Journal of International Law 2010; 9 (1): 9-29. doi: 10.1093/chinesejil/jmq007
China's views on coastal State authority in the exclusive economic zone (EEZ) are not supported by State practice, the negotiating history of the United Nations Convention on the Law of the Sea (UNCLOS), or a plain reading of Part V of the Convention. All nations may legitimately engage in military activities in foreign EEZs without prior notice to, or consent of, the coastal State concerned. Efforts were made during the negotiations of UNCLOS to broaden coastal State rights and jurisdiction in the EEZ to include security interests. However, the Conference rejected these efforts and the final text of the Convention (Article 58) ultimately preserved high seas freedoms of navigation and overflight and other internationally lawful uses of the seas related to those freedoms, to include military activities, in the EEZ.