Land Territory and Internal Waters Sample Clauses

Land Territory and Internal Waters. Within these areas, the State exercises complete sovereignty, subject to limited concessions based on international agreements (e.g., SOFAs). 98 Id. at 2-21. See also UNCLOS III, arts. 58 and 87. 99 UNCLOS III, arts. 88 and 301. See also Xxxxxxxxx & Xxxx, supra note 2, at 208, 421-30. 100 See, e.g., Annotated NWP 1-14M, supra note 1, at 2-38 & n.114. Also see DoD Instruction S-2005.01, Freedom of Navigation Program (SECRET) (Oct. 20, 2014). The United States is currently involved with a dispute with China over the legal status of military operations in the EEZ. China argues that the text of UNCLOS does not explicitly state that nations can conduct military and intelligence gathering operations in a foreign EEZ, and thus such operations are not allowed. The United States position is that customary international law, as well as a contextual reading and the drafting history of UNCLOS III, support this right. Specifically, during the drafting of UNCLOS, China advanced a proposal to restrict these operations, which was rejected. In addition, specific restrictions on military activities do exist in other areas of UNCLOS, such as the territorial sea. UNCLOS is silent however, on restrictions in the EEZ. Finally, before UNCLOS the seas outside the baseline consisted of only the territorial sea and high seas. Customary international law has long supported the full range of military operations in the high seas before UNCLOS. This dispute has led to numerous incidents between United States and Chinese military units over the years, most famously the EP-3 incident near Hainan Island on April 1, 2001. Since 1979, the United States has continued a “Freedom of Navigation” Program, challenging excessive maritime claims by many nations, in order to prevent these claims from hardening into customary international law. This program includes both diplomatic protests and operational assertions by military forces. Some of these operational assertions have been directed against China, most recently the flight of two B-52H bombers over a new Air Defense Identification Zone claimed by China over the disputed Senkaku/Diaoyu islands on November 26, 2013. XXXXXX X’XXXXXX, CONG. RESEARCH SERV., R42784, MARITIME TERRITORIAL AND EXCLUSIVE ECONOMIC ZONE (EEZ) DISPUTES INVOLVING CHINA 4 (2013). See also WHITE HOUSE, NATIONAL SECURITY DIRECTIVE 49, SUBJ: FREEDOM OF NAVIGATION OPERATIONS (October 12, 1990, declassified November 22, 1996). See also Xxxx Xxxxxxx, U.S. Sends Two B-52 Bombers I...
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