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Prof. Ji Guoxing, MARITIME JURISDICTION AND MARITIME SECURITY COOPERATION IN SOUTH CHINA SEA

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Prof. Ji Guoxing, School of International and Public Affairs, Shanghai Jiaotong University, China "...Navigation security in South China Sea is an important component of Asia security. Without addressing navigation security issues, regional security cannot be guaranteed. As there exists the potential to eliminate all high seas if some islands such as Thitu Island, Itu Aba Island, Spratly Island, and Scarborough Reef are given full effect of having 200 nm EEZs. A navigation code of conduct in EEZs is thus much needed.  The “Impeccable Incident” in March 2009 between China and the US in the South China Sea constitutes the most serious friction between China and the United States since the collision of their military aircraft near Hainan Island in April 2001. Like the previous one, this incident shows the two countries’ different understandings and implementation of the LOS convention – particularly the Convention’s provisions on coastal states’ rights in their EEZs. In attempting to justify the US conduct in the South China Sea, Chairman of the Joint Chiefs of Staff Admiral Michael Mullen said that though the USNS Impeccable was in China’s EEZ, the United States has the right to enter this area. But in fact, the Impeccable’s activities did contravene the LOS convention, as the Convention affords China jurisdiction over relevant activities in the EEZ and prohibits actions that are not for peaceful purposes. A substantial conflict between the right of coastal states to control adjacent maritime areas and the right of maritime states to enjoy the freedom of navigation has endured for much of the history of the law of the sea, and East Asia is an area where the reconciliation of these two rights has caused controversy. East Asian countries need to establish an agreed definition of navigational rights to be applied in practice so as to guarantee freedom of navigation and regional SLOC security..."
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Ngày tạo:
26-11-2009
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