No consent needed for Military Exercises in other Country’s EEZ – US Navy

The USS John Paul Jones Destroyer of the USN

Here’s a piece of News that I again had to dig deep to find out since the Dilawan Sections of the Philippine Press doesn’t want to touch since it damages the Americans which they worship. 

India launched an official Diplomatic Protest to the United States (US) earlier this Month (April 2021) after the USS John Paul Jones, an Arleigh Burke class Destroyer of the United States Navy (USN), conducted a Freedom of Navigation Operations (FONOPS) in their Exclusive Economic Zone (EEZ) without asking for prior permission.

The conflict lies in the fact that India considers the US’ FONOPS as a “Military Maneuver” while the US says they were just transiting thru and thus should be a “Right of Innocent Passage” as stated in the United Nations Convention on the Law of the Sea (UNCLOS).

‘Statement’

The USN though included a Sentence in the Statement that they released which said, “India requires prior consent for Military Exercises or Maneuvers in its Exclusive Economic Zone (EEZ) or Continental Shelf, a claim inconsistent with international law”. 

This means that the US believes it can conduct Military Exercises in the EEZ of any Country any time it wants to WITHOUT asking permission first and without approval from that Country. 

So they can go into our EEZ for example, and whether we like it or not and without informing us, conduct Military Exercises. Worse is that if they believe they can do it, then they believe other Countries can do it also. 

‘Basis’

The reason for this is because the US believes that the rights of the Coastal States (or Countries with Sea Coastlines) in their EEZs are limited only to those for “Economic Purposes”. 

Beyond that, like for Military Purposes, it has no rights already. Quoting from the US’ Official Statement in the 11th Session of the 3rd UNCLOS: 

“A Coastal State may assert Sovereign Rights over Natural Resources and related jurisdiction but may not claim or exercise sovereignty”. 

‘China’

If China does the exact, same thing, like conduct Military Maneuvers in our EEZ without notifying us and without our approval, then the US can’t object and should agree with it also, since they do it themselves. 

And imagine if China actually decides to do it, then the Dilawans would be shouting, “Senasakop na tayo ng Tsena!!!” (We are being invaded by China!!!) when in fact the US does the very same thing. 

‘UNCLOS’

Also it makes me wonder why the US keeps citing UNCLOS, it’s “UNCLOS” this, “UNCLOS” that, they keep holding UNCLOS up to Countries which actually signed it like India when THEY THEMSELVES have NOT signed the Law. 

Maybe somebody should remind the USN that their Country is not a signatory of UNCLOS, they might have forgotten it. 

SOURCES: 

* India protests against U.S. Naval Exercise sans consent {Archived Link}

* US position on Artificial Islands {Archived Link}

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