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US, Chinese warships' near miss in Taiwan Strait hints at ongoing troubled diplomatic waters, despite chatter about talks

Meredith Oyen, Associate Professor of History and Asian Studies, University of Maryland, Baltimore County, The Conversation on

Published in Political News

An encounter in which a Chinese naval ship cut across the path of a U.S. destroyer in the Taiwan Strait on June 3, 2023, has both Beijing and Washington pointing fingers at each other.

It was the second near miss in the space of just a few weeks; in late May a Chinese plane crossed in front of an American surveillance aircraft above the South China Sea.

Meredith Oyen, an expert on China-U.S. relations at the University of Maryland, Baltimore County, helps explain the context of the recent encounters and how they fit within growing tensions between the two countries.

It came as the U.S. and Canada were conducting a joint transit of the Taiwan Strait – a body of water that separates the island of Taiwan from mainland China. Washington does these transits fairly regularly, but not usually with another country.

As the American destroyer USS Chung-Hoon and Canadian frigate HMCS Montreal traveled up the channel, a Chinese warship passed and veered across the U.S. vessel’s path at a pretty close range, according to U.S. Indo-Pacific Command. As a result, the USS Chung-Hoon had to reduce its speed to avoid a collision.

The U.S. has characterized the incident as an “unsafe” maneuver on behalf of the Chinese and protested that it took place in international waters.

 

The perspective from Beijing is that the U.S. and Canada were “deliberately provoking risk” by sailing a warship through Chinese waters.

The United Nations Convention on the Law of the Sea stipulates that a country’s “territorial waters” extend 12 nautical miles off its coast – anything above or on the sea in that zone is considered part of the country’s territory. After that, there is a further 12-mile “contiguous zone,” over which a coastal state has rights to prevent infringement of the country’s “customs, fiscal, immigration or sanitary” laws, according to the UN treaty.

Complicating matters, Beijing – a signatory to the Convention on the Law of the Sea, unlike the U.S. – claims the island of Taiwan as part of China. Under the U.N. convention’s stipulations, this would also mean Beijing can claim the 12 miles of territorial waters off Taiwan’s coast, as well as a 12-mile contiguous zone.

But even at its narrowest point, the Taiwan Strait is around 86 miles wide. So even accepting Beijing’s territorial claim, there would, under U.N. law, be a channel that falls outside its territory.

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