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Updated Wednesday, March 18, 2009 10:15 am TWN, By Frank Ching, Special to The China Post

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Sea incident shows rising tensions

Thus, the rights of the coastal state appear to be purely of an economic nature. That is the U.S. position. However, China's position, as stated by its Foreign Ministry spokesman, was that “the activities of the said U.S. ship in China's exclusive economic zone without our permission have broken international laws as well as China's laws and regulations.” The Chinese position was spelled out in 1996 when Beijing ratified the convention. At the time, it declared: “In accordance with the provisions of the United Nations Convention on the Law of the Sea, the People's Republic of China shall enjoy sovereign rights and jurisdiction over an exclusive economic zone of 200 nautical miles and the continental shelf... The People's Republic of China reaffirms that the provisions... concerning innocent passage through the territorial sea shall not prejudice the right of a coastal State to request, in accordance with its laws and regulations, a foreign State to obtain advance approval from or give prior notification to the coastal State for the passage of its warships through the territorial sea of the coastal State.” It appears that China is treating the EEZ in effect as its territorial waters, with its sovereign rights not limited to natural resources. And it is saying that military vessels require permission before they can enter the zone.

There is also the question of what was being done within China's EEZ. Intelligence-gathering is often equated with espionage, which is certainly viewed as an unfriendly act although everyone does it. But countries do not like to be spied on, especially from within their own EEZ. The convention, however, is silent as to whether spying activities are allowed. The incident, which took place 75 miles south of China's Hainan Island, reflects not just a difference in understanding of international law but also China's growing assertiveness and its unwillingness to accept the current world order in which the United States is the only superpower.

China is unhappy that American planes and ships can travel halfway around the world to snoop off the Chinese coast. However, one day, no doubt, China will have the ability to eavesdrop off the American coast.

When that day comes, what will China do? Will it forgo that opportunity on principle because it considers such activities to be illegal?

Meanwhile, the Pentagon has sent a destroyer to protect the Impeccable while China has dispatched its largest and most modern patrol ship into the South China Sea, ostensibly to “strengthen fishery administration.”

But another confrontation at this time is not inevitable. While China is strengthening its military, it knows that it is still no match for the United States. Wisdom dictates that the Chinese should continue to exercise patience. China can push the envelope but it doesn't want a showdown.

Frank.ching@gmail.com

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