bigstick61
Junior Member
No it doesn't. Even more so, the laws regarding the EEZ don't apply here; the South China Sea is in total dispute between all coastal nations (China, Vietnam, and Taiwan). Therefore, if the zone is disputed, unless the dispute can be resolved, the Chinese don't have total rights to the area until final borders and delimitation lines are set. Only in territorial waters are nations free to set laws, regulate use, and use any resource, up to 12 nautical miles from the coast. Beyond that, the contiguous zone allows nations to to enforce laws in four specific areas: pollution, taxation, customs, and immigration, up by another 12 nautical miles.
In EEZ's, foreign nations have the freedom of navigation and overflight, subject to some regulation of the coastal nation, namely in the area of natural resource conservation. Since the USNS Impeccable was not engaged in activity that would cause problems for natural resource conservation, Chinese actions are therefore illegal, as stated in Article 73 of the UNCLOS.
Furthermore, under Article 73, coastal nations are allowed take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention. What the Chinese did was not any of the above, and therefore in contravention of Article 73.
Furthermore, again under Article 73, as stated, in cases of arrest or detention of foreign vessels the coastal State shall promptly notify the flag State, through appropriate channels, of the action taken and of any penalties subsequently imposed. There was none of that from the Chinese.
Nope, see above. Foreign nations have freedom of navigation and overflight, subject to the coastal nation's laws regarding natural resource conservation.
Quite right, and that is the point I have been trying to make to Engineer. Chinese powers are not nearly as extensive as he or the Chinese government is stating.