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American-Chinese Controversies around the Taiwan Strait (Part 2. Legal Interpretations and Controversies)

ЮГО-ВОСТОЧНАЯ АЗИЯ: АКТУАЛЬНЫЕ ПРОБЛЕМЫ РАЗВИТИЯ, 2022, №4(57), 30-45

 
Annotation: China, while insisting that the definition of "international waters" does not apply to the entire Taiwan Strait, especially emphasizes which maritime zones of sovereignty and jurisdiction predominantly comprise its water area - the territorial sea and the exclusive economic zone. The article examines in detail the restrictions that exist both at the level of national legislation of the PRC and on the part of other states concerning the exercise of the right of innocent passage of foreign warships through the territorial sea. In addition, it shows how the implementation of various types of naval activities, including reconnaissance activities, within the exclusive economic zone of a coastal state has become the stumbling block that has divided certain countries into two opposing camps. The PRC and the United States, in this case, are the main antagonists on this issue. It is concluded that the existence of these contradictions, which could not be agreed even with international mediation, significantly increases the level of conflict both in the South China Sea in general and in the waters of the Taiwan Strait in particular.

Keywords: World Ocean, Taiwan Strait, PRC, U.S., 1982 UN Convention on the Law of the Sea, international waters, territorial sea, exclusive economic zone, right of innocent passage, right of transit passage, straight baseline