美國各個總統涉及自由航行行動政策指令對於挑戰目標
(Categories of Excessive Maritime Claims)比較表 |
第1項 |
NSDD72 |
Those historical bay/historical water claims not recognized by the United States. |
NSDD265 |
Those historic bay/historic water claims not recognized by the United States. |
NSD49 |
Historic bay/historic water claims not recognized by the United States. |
第2項 |
NSDD72 |
Those continental territorial sea baseline claims not drawn in conformance with the LOS Convention. |
NSDD265 |
Those territorial sea baseline claims not drawn in conformance with the customary international law reflected in the Law of the Sea (LOS) Convention. |
NSD49 |
Territorial sea baseline claims not drawn in conformance with the customary international law reflected in the LOS Convention. |
第3項 |
NSDD72 |
Those territorial seas claims exceeding three miles but not exceeding twelve miles in breadth that: |
NSDD265 |
Those territorial sea claims not exceeding twelve nautical miles in breadth that: |
NSD49 |
Territorial sea claims not exceeding twelve nautical miles in breadth that: |
a點 |
NSDD72 |
a. overlap straits used for international navigation and do not permit transit passage in conformance with the LOS Convention, including submerged transit of submarines, overflight of military aircraft, and surface transit of warships/naval auxiliaries, without prior notification or authorization; or |
NSDD265 |
a. overlap straits used for international navigation and do not permit transit passage in conformance with the customary international law reflected in the LOS Convention, including submerged transit of submarines, overflight of military aircraft, and surface transit of warships/naval auxiliaries, without prior notification or authorization, and including transit in a manner of deployment consistent with the security of the forces involved; or |
NSD49 |
a. overlap straits used for international navigation and do not permit transit passage in conformance with the customary international law reflected in the LOS Convention, including submerged transit of submarines, overflight of military aircraft, and surface transit of warships/naval auxiliaries, without prior notification or authorization, and including transit in a manner of deployment consistent with the security of the forces involved; or |
b點 |
NSDD72 |
b. contain requirements for advance notification or authorization for warships/naval auxiliaries of apply discriminatory requirements to such vessels; or |
NSDD265 |
b. contain requirements for advance notification or authorization for innocent passage of warships/naval auxiliaries or apply discriminatory requirements to such vessels; or |
NSD49 |
b. contain requirements for advance notification or authorization for innocent passage of warships/naval auxiliaries, or apply discriminatory requirements to such vessels; or |
c點 |
NSDD72 |
c. apply special requirements, not recognized by international law, to nuclear-powered warships or to warships/naval auxiliaries carrying nuclear weapons or specific cargoes. |
NSDD265 |
c. apply special requirements, not recognized by international law, for innocent passage of nuclear-powered warships (NPW) or warships/naval auxiliaries carrying nuclear weapons or specific cargoes. |
NSD49 |
c. apply special requirements, not recognized by international law, for innocent passage based on means of propulsion, armament, or cargo. |
第4項 |
NSDD72 |
Territorial sea claims in excess of twelve miles. |
NSDD265 |
Territorial sea claims in excess of twelve nautical miles. |
NSD49 |
Territorial sea claims in excess of twelve nautical miles. |
第5項 |
NSDD72 |
Other claims to jurisdiction over maritime areas in excess of twelve miles, such as exclusive economic zones or security zones, which purport to restrict non-resource related high seas freedoms. |
NSDD265 |
Other claims to jurisdiction over maritime areas in excess of twelve nautical miles, such as security zones, that purport to restrict non-resource related high seas freedoms. |
NSD49 |
Other claims to jurisdiction over maritime areas in excess of twelve nautical miles, such as security zones that purport to restrict non-resource related high seas freedoms. |
第6項 |
NSDD72 |
Those archipelagic claims that either: |
NSDD265 |
Those archipelagic claims that either: |
NSD49 |
Archipelagic claims that either: |
a點 |
NSDD72 |
a. are not conformance with the LOS Convention; or |
NSDD265 |
a. do not permit archipelagic sea lanes passage in conformance with the customary international law reflected in the LOS Convention, including submerged passage of submarines, overflight of military aircraft, and surface transit of warships/naval auxiliaries, without prior notification or authorization, and including transit in a manner of deployment consistent with the security of the forces involved; or |
NSD49 |
a. do not permit archipelagic sea lanes passage in conformance with customary international law reflected in the LOS Convention, including submerged passage of submarines, overflight of military aircraft, and surface transit of warship/naval auxiliaries, without prior notification or authorization, and including transit in a manner of deployment consistent with the security of the forces involved; or |
b點 |
NSDD72 |
b. do not permit archipelagic sea lanes passage in conformance with the LOS Convention, including submerged passage of submarines and overflight of military aircraft, and including transit in a manner of deployment consistent with the security of the forces involved. |
NSDD265 |
b. are otherwise not in conformance with the customary international law reflected in the LOS Convention. |
NSD49 |
b. are otherwise not in conformance with customary international law reflected in the LOS Convention. |
PDD32為現行有效政策版本,尚未對外解密;NSD49僅部分解密,但未解密部分與本表內容無關。 |
節錄美國國防部2018年度自由航行報告針對兩岸挑戰美方所認為超出國際法權限範圍海洋權益主張內容 |
Claimant |
Excessive Maritime Claim
An asterisk indicates multiple operational challenges to the excessive claim |
Geographic Area or Location |
China |
*Straight baselines not drawn in accordance with the law of the sea. [Declaration of the Government of the People’s Republic of China on the Baselines of the Territorial Sea of the People’s Republic of China, May 15, 1996] |
Paracel Islands |
*Restriction on foreign aircraft flying through an Air Defense Identification Zone (ADIZ) without the intent to enter national airspace. [Ministry of National Defense Announcement, Nov. 23, 2013] |
East China Sea |
*Domestic law criminalization survey activity by foreign entities in the exclusive economic zone. [Order No. 75, Surveying and Mapping Law, Dec. 2002.] |
South China Sea |
*Jurisdiction over airspace above the exclusive economic zone. [Order No. 75, Surveying and Mapping Law, Dec. 2002.] |
South China Sea and East China Sea |
*Claims security jurisdiction in the contiguous zone. [Law on the Territorial Sea and Contiguous Zone, Feb. 1992.] |
South China Sea |
*Prior permission required for innocent passage of foreign military ships through the territorial sea. [Declaration upon Ratification of 1982 Law of the Sea Convention, June 7, 1996.] |
Paracel Islands and Spratly Islands |
Actions and statements that indicate a claim to a territorial sea around features not so titled (i.e. low-tide elevations) |
Spratly Islands |
Taiwan |
*Prior notification required for foreign military or government vessels to enter the territorial sea. [Law on the Territorial Sea and Contiguous Zone, art. 7, Jan. 21, 1998] |
Paracel Islands, Spratly Islands |