Near Collision in the Taiwan Strait Raises Concerns over Maritime Law [1]
On June 3rd 2023, the U.S. Indo-Pacific Command issued a report [3] detailing a near collision between Chinese navy warship LY 132 and USS Chung-Hoon as the US and Canada conducted a joint sailing [4] through the Taiwan Strait. The report attributes the hazardous nature of the encounter to “unsafe maneuvers” performed by the Chinese Warship, violating maritime ‘Rules of the Road’ of safe passage in international waters. Under the United Nations Convention on the Law of the Sea [5] (UNCLOS), which China has ratified and the US respects, international ships maintain the right to innocent passage through international waters as long as they comply with certain conditions, including staying outside the 12-nautical mile limit from the coastline. NSC Coordinator for Strategic Communications John Kirby stated [6], “If the message that they [the People's Republic of China] are trying to send is that we’re not welcome or — or our presence needs to be diminished, or they want us to stop flying and sailing and operating in support of international law: not going to happen." In response, Foreign Ministry Spokesperson Wang Wenbin stated [7], “The actions taken by the Chinese military are necessary steps in response to the provocations by the country concerned. These actions are completely justified, lawful, safe and professional.”