印度抗議美國海軍在EEZ不預先通知的航行

【縛雞之論】

美國海軍第七艦隊伯克級飛彈驅逐艦「約翰．保羅．瓊斯號」（USS John Paul Jones），七日進入印度專屬經濟海域（EEZ）展開航行自由任務，挑戰印度方面「過度的海權主張」，九日遭到印度外交部抗議。

It is india’s abuse of power according to the UNCLOS.  The EEZ is, basically, High Sea.  The 7^th Fleet’s statement referred to Maldives, not India. 
It revealed “On April 7, 2021 (local time), USS John Paul Jones (DDG 53) asserted navigational rights and freedoms in the vicinity of the Republic of the Maldives by conducting innocent passage through its territorial sea and normal operations within its exclusive economic zone without requesting prior permission, consistent with international law.”
It seems to me that India, under the influence of Russia, is re-considering or re-taking her longstanding Non-Aligned policy.
Article 58 of UNCLOS stipulates that:
Article 58 Rights and duties of other States in the exclusive economic zone
1. In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.
2. Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part. 3. In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules
第五十八條　其他國家在專屬經濟區內的權利和義務

　　1.在專屬經濟區內，所有國家，不論為沿海國或內陸國，在本公約有關規定的限制下，享有第八十七條所指的航行和飛越的自由，鋪設海底電纜和管道的自由，以及與這些自由有關的海洋其他國際合法用途，諸如同船舶和飛機的操作及海底電纜和管道的使用有關的並符合本公約其他規定的那些用途。

　　2.第八十八至第一一五條以及其他國際法有關規則，只要與本部分不相抵觸，均適用於專屬經濟區。

　　3.各國在專屬經濟區內根據本公約行使其權利和履行其義務時，應適當顧及沿海國的權利和義務，並應遵守沿海國按照本公約的規定和其他國際法規則所制定的與本部分不相抵觸的法律和規章。 

7th Fleet conducts Freedom of Navigation Operation    U.S. 7th Fleet Public Affairs 20210407

Indian Ocean,   –  

On April 7, 2021 (local time), USS John Paul Jones (DDG 53) asserted navigational rights and freedoms in the vicinity of the Republic of the Maldives by conducting innocent passage through its territorial sea and normal operations within its exclusive economic zone without requesting prior permission, consistent with international law.  The Maldives requires prior permission for foreign warships to enter its territorial sea, and prior permission for all foreign vessels to enter its exclusive economic zone, claims inconsistent with international law.  This freedom of navigation operation (“FONOP”) upheld the rights, freedoms, and lawful uses of the sea recognized in international law by challenging Maldives’ excessive maritime claims.

U.S. Forces operate in the Indo-Pacific region on a daily basis.  All operations are designed in accordance with international law and demonstrate that the United States will fly, sail and operate wherever international law allows.

We conduct routine and regular Freedom of Navigation Operations (FONOPs), as we have done in the past and will continue to in the future. FONOPs are not about one country, nor are they about making political statements.

 

 

Asserted navigational rights off Lakshadweep without India’s permission: US Navy    Hindustan Times 20210409

Every coastal country’s EEZ extends to 200 nautical miles (370km) from its shores and the country in question has exclusive rights to all resources in the water, including oil, natural gas and fish

By Rahul Singh and Rezaul H Laskar

In a move that could potentially trigger a diplomatic row, the US Navy has announced that it asserted navigational rights and freedoms inside India’s exclusive economic zone (EEZ) without seeking India’s prior consent.

“This freedom of navigation operation (FONOP) upheld the rights, freedoms, and lawful uses of the sea recognised in international law by challenging India’s excessive maritime claims,” the US 7th fleet said in a statement on April 7.

It said USS John Paul Jones, an Arleigh Burke-class guided missile destroyer, asserted navigational rights and freedoms around 130 nautical miles west of the Lakshadweep Islands.

The 7th Fleet is the largest of the US Navy’s forward deployed fleets. The US had sent elements of the 7th Fleet to the Bay of Bengal to pressure India during the 1971 war with Pakistan that ended with the liberation of Bangladesh.

Every coastal country’s EEZ extends to 200 nautical miles (370km) from its shores and the country in question has exclusive rights to all resources in the water, including oil, natural gas and fish.  Any military activity in the EEZ requires India’s permission, navy officials familiar with the matter said, asking not to be named.

“If you have to do anything in our EEZ, you have to notify us and take permission,” navy chief Admiral Singh said in 2019 after a Chinese vessel that had intruded into Indian waters near the Andaman and Nicobar Islands was repelled.

There was no official reaction from the navy or the ministry of external affairs when this report was filed.

“US Forces operate in the Indo-Pacific region on a daily basis. All operations are designed in accordance with international law and demonstrate that the United States will fly, sail and operate wherever international law allows,” the 7th Fleet statement said.

“We conduct routine and regular FONOPs, as we have done in the past and will continue to in the future. FONOPs are not about one country, nor are they about making political statements,” it added. The US Navy regularly carries out FONOPs in the disputed South China Sea.

“FoN ops by USN ships (ineffective as they may be) in South China Sea, are meant to convey a message to China that the putative EEZ around the artificial SCS islands is an “excessive maritime claim.” But what is the 7th Fleet message for India?” former Navy chief Admiral Arun Prakash (retd) said in a tweet on Friday.

He said in another tweet, “There is irony here. While India ratified UN Law of the Seas in 1995, the US has failed to do it so far. For the 7th Fleet to carry out FoN missions in Indian EEZ in violation of our domestic law is bad enough. But publicising it? USN please switch on IFF (Identification friend-or-foe)!”

The development comes at a time when the navies of India and the US have just concluded multilateral drills in the eastern Indian Ocean Region (IOR).  France, India, the US, Japan and Australia carried out complex maritime drills in the eastern IOR to enhance interoperability among their navies from April 5 to April 7.

On April 7, the US Navy said in another statement that USS John Paul Jones asserted navigational rights and freedoms in the vicinity of the Maldives by conducting “innocent passage” within its EEZ without seeking prior permission. It said this was consistent with international law.

The US Department of Defense (DoD) released its annual Freedom of Navigation (FON) Report for 2020 on March 10, 2021.  These reports identify the broad range of excessive maritime claims that are challenged by the US government.  “This year… US forces challenged 28 different excessive maritime claims made by 19 different claimants throughout the world,” the State Department said in a statement on March 16.

DoD’s operational challenges, also known as FONOPs, are designed to challenge coastal state maritime claims that unlawfully restrict navigation and overflight rights and freedoms and other internationally lawful uses of the sea related to these freedoms guaranteed in international law as reflected in the 1982 Law of the Sea Convention, the statement added.