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Again, your claim is that surveillance to enforce sanctions is considered "navigation."
That's absurd. Surveillance is absolutely an explicit military action. The standard practice has always been to intercept surveiling aircraft where possible (e.g., the entire reason the SR-71 is so fast is because it can avoid being intercepted) in international airspace. The SR-71 never entered Soviet airspace, and yet it was still somewhat reliably intercepted by MiG-31s throughout the Cold War.
You're deliberately being obtuse about this issue because you seem to think "oh I'm putting around on my ship shooting stuff, launching drones, innocent passage woe is me." A military ship has the legal right to sail innocently - that's the justification for FONOPs. A military ship does not have the legal right to pursue military action - UNCLOS does not protect any states right to pursue military action.
Any boat traveling on a body of water is considered navigation...... You don't stop navigating when you're surveiling something.
There is specific language in unlocs that delineates military and commercial air traffic. To utilize your interpretation we would have to assume that the authors of the articles remembered that military planes exist, but forgot that you can put guns on boats...
Lol, you are making up your own terminology. Military action isn't a described term in the articles. You sure you know the difference between civil and common law? Kinda seems you are heavily relying on interpretation for your argument....
The only thing states are governed while in a EEZ is “refrain from any threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the principles of international law embodied in the Charter of the United Nations” It does not delineate between commercial or "military action".
This is because there's a long established history of commercial vehicles being utilized as military/paramilitary forces by governments throughout history.
Surveillance is not a threat or use of force and is done by both military and commercial vessels all the time. If surveillance was considered a threat of force, or a "military action" it would give any government carte blanche seize any vessel collecting or receiving any data in their EEZ.
Again, unless you have an argument that is completely based on semantic dispute, then I think we are done here.
What, exactly, do you think justifies US aggressive intercepts of Russian bombers flying in international airspace near Alaska, then? By your definition, they're just navigating and should not be impeded.
First of all, you yourself have already acknowledged that the US isn't a signatory. Secondly, I never claimed anything the US does is justified or ethical.
As I have already said, I wasn't arguing that international law are ethical, logical, or even reasonable. My original claim was about how China was acting within the scope of the international agreements they are signatories to.
Russia's intercepts of US aircraft, then? Canadian intercepts? Your claim that surveillance flights are not considered an action worth intercepting in inside EEZ is disproven by the actions of basically every country on the planet. That's the current interpretation of international law, even if it's not specified directly in UNCLOS.
I didn't claim that, as I already said there are specified clauses within unclos that delineate between military and commercial aircraft that limit the freedoms of travel for military aircraft.
Which is why it doesn't make sense to assume a delineation of "military action" vs navigation at sea. If they really wanted to limit navigation for military vessels they would have specified so, as they did with military aircraft.
Again, I'm not saying this is fair or reasonable. Laws of the Sea were originally developed by nations that could enforce them with a strong navy, mainly to maintain a monopoly of that power. It doesn't make any sense for these nations to ratify a system of rules that strip those powers away from them. The goal is to maintain the hierarchy of power, making the laws just reasonable enough for other nations to sign, as opposed to fighting a stronger naval power.
I'm not claiming that navigation for military vessels is limited. Like I mentioned, FONOPs are valid under UNCLOS.