gambit
PROFESSIONAL
- Joined
- Apr 28, 2009
- Messages
- 28,569
- Reaction score
- 148
- Country
- Location
Unlike the Chinese members here, I do read my sources to the fullest. I also read opposing sides as well.Oh boy, today must be a special day!
An American agreeing with international/UN and Chinese position.
Or is it that you have not bother to read what you post. Highlighted in Red. Judging by your past behavior, I would think this is more likely. If it is not, I salute your honesty and support for the underdog against the big US bully.
The US obviously want to use the broader interpretation of innocent passage in blatant disregard of international norm. The US has a global military presence and can stick it up close to the nose of anyone that she please. "International law" be damn when it suit US interest.
That of course does not stop the US from brandishing and preaching "international law" to other nation. What hypocrisy.
UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
Intelligence gathering are either active or passive. UNCLOS Part II Article 19 point 2(c) is vague as to which method is 'prejudicial' to peace or towards disqualification to the principle of innocent passage. If a foreign warship is claiming innocent passage thru an EEZ and such claim is usually is granted, how do you know if its PASSIVE intelligence apparatus is not in operation?
If you examine all other sub-points under 2, you will see that those other activities are ACTIVE measures or actions, such as...
And so on...(a)any threat or use of force...
(b)any exercise or practice...
(g)the loading or unloading...
Sub-point 2(c) states: any act aimed at collecting information to the prejudice of the defence or security of the coastal State;
Turning on a radio is technically an action. How else am I going to listen to Lady Gaga if I do nothing? So the context of the word 'act' here is beyond the human ability to perform a physical motion but to include a moral justification as well.
If a foreign vessel merely sits inside an EEZ and do nothing, like how Soviet 'fishing trawlers' often used to do, there is no doubt as to what the vessel is doing or 'acting', which is intelligence gathering. Its non-movement or non-motion is necessary towards its mission. Therefore, its 'act' is obviously -- 'prejudicial to the peace, good order or security of the coastal State.' The vessel may not be actively transmitting anything to its owner state but precisely because it is not moving, its intention cannot be anything else, like mechanical failure that stranded it, but that of intelligence gathering.
But if a warship is moving thru an EEZ as demanded by UNCLOS, and if there is no credible way for the coastal sovereign state to definitively ascertain that this is an intelligence gathering mission, then legally speaking, there is nothing this coastal sovereign state can do.
The context of the word 'act' in 2(c) is hinting at real actions such as communication with an agent inside the coastal sovereign state, or picking up people, or deploying/discarding intelligence gathering devices.