Posted on Jan 30, 2016
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http://www.upi.com/Top_News/US/2016/01/30/US-Navy-ship-tests-claim-on-island-made-by-China-others/ [login to see] 583/?spt=hs&or=tn_us
Exactly how much of a test is it if you don't let anyone know that you are doing it?
What would the US government's reaction have been if one of the nations claiming sovereignty had launched anti-ship missiles and sunk the USN ship after the USN ship refused to leave waters that the nation was claiming sovereignty over?
What would the US government's legal status have been if the USN ship had refused to leave another nation's territorial waters?
Exactly how much of a test is it if you don't let anyone know that you are doing it?
What would the US government's reaction have been if one of the nations claiming sovereignty had launched anti-ship missiles and sunk the USN ship after the USN ship refused to leave waters that the nation was claiming sovereignty over?
What would the US government's legal status have been if the USN ship had refused to leave another nation's territorial waters?
U.S. Navy ship tests claim on island made by China, others
Posted from upi.com
China
Foreign Policy
Politics
International Affairs
Posted 9 y ago
Responses: 4
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Fundamentally, you can't test a law without a test case. Do you believe that prohibitions on recreational drugs are unconstitutional. Well, you can't just ask the Supreme Court to decide. You must first violate the law and be apprehended and convicted of a crime. If you can show a constitutional question, the Supreme Court may consider it. Well, here we are intentionally violating a territorial claim to test its legality. We can only wait to see how the claimants will respond to find out if we have a real test case. It might just be that they'll want to avoid contesting it so that they don't have a day in (international) court. Of course, that would denigrate their control over the disputed areas. Still there are plenty of nations who won't have the temerity to test the issue. To be honest, I'm surprised we did, at least under this Administration...
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COL Ted Mc
CPT Jack Durish - Captain; If you have an action that is 'de minimus' then there really isn't any point in spending money going to court (unless you live in the United States of America and have a lawyer who will act on a contingency basis that is).
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COL Ted Mc "What would the US government's legal status have been if the USN ship had refused to leave another nation's territorial waters?" < - - That's a non-sequitur, Colonel. The ship was never IN another nation's territorial waters. The claims by China have no basis in international law. They're just trying to see how far we're willing to let them push. Unfortunately, this administration seems willing to let them outright steal from their neighbors.
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COL Ted Mc
SN Greg Wright - Seaman; The question was not a 'non sequitur' it was a perfectly valid hypothetical.
The claims by China, the Philippines, Vietnam and others have never been tested in an international court. That being said, ALL of those claims have SOME basis in international law.
Heck, the US government could land Marines on some of the uninhabited islands and have a claim to ownership of them under international law (it's called "The Right Of Conquest").
The claims by China, the Philippines, Vietnam and others have never been tested in an international court. That being said, ALL of those claims have SOME basis in international law.
Heck, the US government could land Marines on some of the uninhabited islands and have a claim to ownership of them under international law (it's called "The Right Of Conquest").
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COL Ted Mc
SGM David W. Carr LOM, DMSM MP SGT - Sergeant Major; It helps to show that strength where the people you are showing it to can see it and know that you are showing it.
Running "news" items in American media about how little America cares for the claims of some other countries, shows the American people that you are "showing strength".
"Sneaking into what China claims is its backyard and then sneaking back out before China knows that you are there" doesn't carry much weight as far as "showing strength" is concerned - as far as the Chinese are concerned.
Running "news" items in American media about how little America cares for the claims of some other countries, shows the American people that you are "showing strength".
"Sneaking into what China claims is its backyard and then sneaking back out before China knows that you are there" doesn't carry much weight as far as "showing strength" is concerned - as far as the Chinese are concerned.
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