Re: Japanese ships dusrupted chinese naval exercicies
I don't think there is an international maritime treaty that controls military activities.
The only ones I heard of are international navigational regulations that any and all ship, boat, vessel captains needs to adhere which is basically the traffic rules of the sea but never heard of anything to limit the military activities.
For the most part what you say is correct but there are slight variations.. I do not know about standardized international maritime standards pertaining to specific naval activities in the high seas however the United States Navy adheres to the laws as written in The commander's handbook on the law of naval operations. I'm sure both PLAN and JMSDF has something very similar to it as well.
NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7A
DEPARTMENT OF THE NAVY
NAVY WARFARE DEVELOPMENT COMMAND
NEWPORT RI 02841-1207
MARINE CORPS COMBAT DEVELOPMENT COMMAND
QUANTICO VA 22134-5001
DEPARTMENT OF HOMELAND SECURITY
COMMANDANT, UNITED STATES COAST GUARD
WASHINGTON, DC 20593-0001
June 2007
LETTER OF PROMULGATION
1. NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7A, THE COMMANDER’S HANDBOOK ON
THE LAW OF NAVAL OPERATIONS, is UNCLASSIFIED. Handle in accordance with the
administrative procedures contained in NTTP 1-01.
2. NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7A is effective upon receipt and supersedes
NWP 1-14M/MCWP 5-2.1/COMDTPUB P5800.7 dated October 1995. Destroy superseded material
without report.
3. NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7A is intended for use by operational commanders
and supporting staff elements at all levels of command. It is designed to provide officers in command
and their staffs with an overview of the rules of law governing naval operations in peacetime and during
armed conflict.
4. NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7A is approved for public release; distribution is
unlimited.
3 JUL 2007
2.4.3.1 Warning Areas. Any nation may declare a temporary warning area in
international waters and airspace to advise other nations of the conduct of
activities that, although lawful, are hazardous to navigation and/or overflight.
The U.S. and other nations routinely declare such areas for missile testing,
gunnery exercises, space vehicle recovery operations, and other purposes
entailing some danger to other lawful uses of the high seas by others. Notice of
the establishment of such areas must be promulgated in advance, usually in the
form of a Notice to Mariners (NOTMAR) and/or a Notice to Airmen
(NOT AM). Ships and aircraft of other nations are not required to remain outside
a declared warning area, but are obliged to refrain from interfering with activities
therein. Consequently, ships and aircraft of one nation may operate in a warning
area within international waters and airspace declared by another nation, collect
intelligence and observe the activities involved, subject to the requirement of
due regard for the rights of the declaring nation to use international waters and
airspace for such lawful purposes.66
2.4.4 Declared Security and Defense Zones.
International law does not
recognize the right of any nation to restrict the navigation and overflight of foreign warships and military aircraft beyond its territorial sea. Although several coastal nations have asserted claims that purport to prohibit warships and military
aircraft from operating in so-called security zones extending beyond the
territorial sea, such claims have no basis in international law in time of peace, and
are not recognized by the United States.67
The Charter of the United Nations and general principles of international law
recognize that a nation may exercise measures of individual and collective
self-defense against an armed attack or imminent threat of armed attack. Those
measures may include the establishment of "defensive sea areas" or "maritime
control areas" in which the threatened nation seeks to enforce some degree of
control over foreign entry into those areas. Historically, the establishment of
such areas extending beyond the territorial sea has been restricted to periods of
war or to declared national emergency involving the outbreak of hostilities.
International law does not determine the geographic limits of such areas or the
degree of control that a coastal nation may lawfully exercise over them, beyond
laying down the general requirement of reasonableness in relation to the needs of
national security and defense.
2.6.3 High Seas Freedoms and Warning Areas
All ships and aircraft, including warships and military aircraft, enjoy complete freedom of movement and
operation on and over the high seas. For warships, this includes task force maneuvering, flight operations, military
exercises, surveillance, intelligence gathering activities, and ordnance testing and firing. All nations also enjoy the
right to lay submarine cables and pipelines on the bed of the high seas as well as on the continental shelf beyond
the territorial sea, with coastal nation approval for the course of pipelines on the continental shelf. All of these
activities must be conducted with due regard for the rights of other nations and the safe conduct and operation of
other ships and aircraft.
Any nation may declare a temporary warning area in international waters and airspace to advise other nations of
the conduct of activities that, although lawful, are hazardous to navigation and/or overflight. The United States
and other nations routinely declare such areas for missile testing, gunnery exercises, space vehicle recovery
operations, and other purposes entailing some danger to other lawful uses of the seas by others. Notice of the
establishment of such areas must be promulgated in advance, in the form of a special warning to mariners, notice
to mariners (NOTMAR), notice to airmen (NOTAM), Hydro Altantic/Hydro Pacific (HYDROLANT/HYDROPAC)
messages, and the Global Maritime Distress and Safety System.
Ships and aircraft of other nations are not required to remain outside a declared warning area, but are obliged to
refrain from interfering with activities therein. Consequently, ships and aircraft of one nation may operate in a
warning area within international waters and airspace declared by another nation, collect intelligence and observe
the activities involved, subject to the requirement of due regard for the rights of the declaring nation to use
international waters and airspace for such lawful purposes. The declaring nation may take reasonable measures
including the use of proportionate force to protect the activities against interference. (See paragraph 4.3.7 for a
discussion of the establishment of warning zones during periods of heightened tensions not rising to the level of
international armed conflict.)
2.6.4 Declared Security and Defense Zones
As a general rule, international law does not recognize the peacetime right of any nation to restrict the navigation
and overflight of foreign warships and military aircraft beyond its territorial sea. Although several coastal nations
have asserted claims that purport to prohibit warships and military aircraft from operating in so-called security
zones extending beyond the territorial sea, such claims have no basis in international law in time of peace, and are
not recognized by the United States.
The Charter of the United Nations and general principles of international law recognize that a nation may exercise
measures of individual and collective self-defense against an armed attack or imminent threat of armed attack.
Those measures may include the establishment of “defensive sea areas” or “maritime control areas” in which the
threatened nation seeks to enforce some degree of control over foreign entry into those areas. Historically, the
establishment of such areas extending beyond the territorial sea has been restricted to periods of war or to NWP 1-14M
2-11 JUL 2007
declared national emergency involving the outbreak of hostilities. International law does not determine the
geographic limits of such areas or the degree of control that a coastal nation may lawfully exercise over them,
beyond laying down the general requirement of reasonableness in relation to the needs of national security and
defense. (See paragraphs 7.8 and 7.9 for further discussions of the establishment and limitations of such zones in
the course of an international armed conflict.)
U.S.-U.S.S.R. AGREEMENT ON THE PREVENTION OF
INCIDENTS ON AND OVER THE HIGH SEAS
In order better to assure the safety of navigation and flight of their respective
warships and military aircraft during encounters at sea, the United States and the
former Soviet Union in 1972 entered into the U.S.-U.S.S.R. Agreement on the
Prevention of Incidents On and Over the High Seas. This Navy-to-Navy
agreement, popularly referred to as the "Incidents at Sea" or "~NCSEA"
agreement, has been highly successful in minimizing the potential for harassing
actions and navigational one-upmanship between U.S. and former Soviet units
operating in close proximity at sea. Although the agreement applies to warships
and military aircraft operating on and over the "high seas," it is understood to
embrace such units operating in all international waters and international airsspace,
including that of the exclusive economic zone and the contiguous zone.
Principal provisions of the INCSEA agreement include:
1. Ships will observe strictly both the letter and the spirit of the International
Rules of the Road.
2. Ships will remain well clear of one another to avoid risk of collision and,
when engaged in surveillance activities, will exercise good seamanship so as not to
embarrass or endanger ships under surveillance.
3. Ships will utilize special signals for signalling their operation and intentions.
4. Ships of one party will not simulate attacks by aiming guns, missile
launchers, torpedo tubes, or other weapons at the ships and aircraft of the other
party, and will not launch any object in the direction of passing ships
nor illuminate
their navigation bridges.
5. Ships conducting exercises with submerged submarines will show the
appropriate signals to warn of submarines in the area.
6. Ships, when approaching ships of the other party, particularly those engaged
in replenishment or flight operations, will take appropriate measures not to hinder
maneuvers of such ships and will remain well clear.
7. Aircraft will use the greatest caution and prudence in approaching aircraft
and ships of the other party, in particular ships engaged in launching and landing
aircraft, and will not simulate attacks by the simulated use of weapons or perform
aerobatics over ships of the other party nor drop objects near them.
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