I understand that the PLAN wanted to maintain a 35 mile perimeter zone. The word "legal" is being used to justify the action. What I have not seen is anybody mentioning the legal basis or lack of it in international waters. Additionally, what is the practice of the USN if they were faced with a similar situation?
These are all questions I'd like to see an answer to as well.
But we should clarify the 35 mile perimeter zone.
I believe what was meant in the article, was the carrier's "perimeter zone" that is to say, the "danger zone". In the post USS cole age, having a wide vigilance is natural. Whether that distance is fair or not in this case is another matter entirely, and I certainly don't think the PLAN used that distance in any legal sense rather than a military safety sense.
Note, I don't think the PLAN tried to invoke any laws to make the Cowpens move or leave the area, rather it was on the basis of military "safety".
The other "zone" of note is the exclusion zone imposed for the Liaoning's exercise -- again, this is merely an exclusion zone and there's no legal basis for it and as far as I see, the PLAN weren't using it as a legal means to discharge orders. It served merely as an indicator for other ships to be ware of.
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To look at the legality (or rather, the "morality") of this incident, let's pretend it was a Chinese destroyer that had meandered in the midst of a RIMPAC exercise without invitation and without warning. It had conducted similar maneuvers proportional to what cowpens had done, and had been similarly responsive or non responsive (as the case may be).
Would the USN legally be able to send a ship (let's just say an LCS) to intercept the Chinese destroyer?
Would the USN (and I think this is the big question)
need to?
Because I think we've already established that the Cowpens incident falls well in the grey zone of law.
So now naturally we're seeking to establish who's right and who's wrong, so the question comes down to whether the PLAN was justified in intercepting the Cowpens at the distance we are talking about, relative to a hypothetical sister scenario where it is a PLAN ship making similar maneuvers in a USN or allied exercise.
This justification will inevitably make us consider the overall force balance between two sides.
Indeed, the stronger side will be more open about their capabilities and be more confident, while the weaker side will be more interested in preserving its capabilities and be more wary.
Personally I don't think there is a right or wrong side in this incident, especially if we view this in the larger scheme of geopolitics and the massive disparity in military balance.
Yes, the PLAN LST maneuvered "aggressively," but if we agree neither side acted "unlawfully" then we should consider the big picture of the overall military balance to establish who is "right" and who is "wrong" if there even is a right or wrong side.
Additionally, how do you justify in international waters intercepting a vessel that may result in a collision as legal. I sure would like to hear the legal basis of such an action. Calling it legal doesn't make it legal.
IF we want to play semantics, we could say the act certainly wasn't illegal.
I agree that it was potentially dangerous maneuvering, but we could twist the situation to state the Cowpens presence in the exercise zone also made the exercise zone more dangerous and in more danger of miscalculation too.