A Chinese perspective on ‘Operational Modalities’

There are three concepts in ‘operational modalities’ in the EEZ: peaceful use of the EEZ, due regard, and rules for encounters between domestic and foreign military vessels and aircraft. Chinaʹs position is that the use of the EEZ for non-peaceful purposes without its consent is illegal. This includes foreign military and electronic intelligence gathering activities in the EEZ as well as marine scientific research for non-peaceful purposes. China maintains that the obligation of due regard by the foreign state for coastal states’ rights is superior to that of the coastal state for the rights of the foreign state, including encounters between foreign and domestic aircraft and vessels. However, China recognizes that there are no uniform regulations for such interactions and believes that while difficult due to differences in interpretation of international law and other complexities, they should be established.