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American and Chinese Views on Navigational Rights of Warships

American and Chinese Views on Navigational Rights of Warships

Abstract

Opposing American and Chinese views on navigational rights of warships in the exclusive economic zone (EEZ) reached a climax in 2009 with a number of incidents. Developments in 2010 indicate that the general climate between the two States in the South China Sea has not improved. By focusing on navigational rights of warships in the EEZ as well as in the territorial sea, the present contribution highlights some salient features of the relevant ocean policies of both States, some of which seem hard to square with the United Nations Convention on the Law of the Sea. After having noted that these opposing positions of China and the United States concerning navigational rights of warships are hard to reconcile at present, the article looks for possible solutions as to the future.
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