International Law and the November 2004 “Han Incident”

Abstract

The Ishigaki Strait is an international strait by the terms of the United Nations Law of the Sea Convention, but for national security reasons it is not recognized as such by the Japanese government, which advocates a narrower definition of what constitutes an international strait in which the right of transit passage applies. China, as a traditional land power with tradinationally weak maritime forces, has historically agreed with Japan's limitations on access through such straits. As China's maritime strength grows, it has increasingly greater interest in access to ocean spaces. However, because of tension and poor coordination between its military and foreign policy bureaucracies, China missed an opportunity during the diplomatic crisis in November 2004 to align its position on maritime law with its strategic interests. The views expressed in this article are the author’s, and do not necessarily represent the views of the United States Navy or any part of the US government.