JAPAN DESTROYER SAILED INTO CHINA TERRITORIAL WATERS DESPITE WARNINGS - BEIJING CHINA

JAPAN DESTROYER SAILED INTO CHINA TERRITORIAL WATERS DESPITE WARNINGS - BEIJING CHINA

@Jackie San

BEIJING

A Japanese Maritime Self-Defense Force destroyer temporarily sailed into Chinese territorial waters off the country's eastern province of Zhejiang last week, despite repeated warnings by Chinese vessels, diplomatic sources said Wednesday.

The Suzutsuki, tasked with monitoring Chinese military drills on the high seas, navigated into Chinese waters on July 4, in a rare move by a Self-Defense Forces vessel.

Beijing has conveyed its serious concern to Tokyo over the incident, leading the Japanese Defense Ministry to launch an investigation into the ship's captain, the sources said. The ministry declined to comment on matters concerning SDF operations.

A day before the MSDF destroyer entered Chinese waters, Zhejiang authorities said a no-sail zone would be set up in a nearby area for the Chinese military to conduct a live-fire drill, opening up the risk of a contingency occurring because of the Suzutsuki's presence.

The Chinese government suspects the incident was an "intentional provocation" by the destroyer, and has been collecting and analyzing relevant information, according to Chinese sources.

The Suzutsuki, which was on a mission to monitor the live-fire drill, was urged by the Chinese vessels to leave the area when it approached within 12 nautical miles (22 kilometers) off the coast of Zhejiang, but it sped up and navigated into the Chinese waters for some 20 minutes before leaving the territorial waters, the diplomatic sources said.

The MSDF ship has in the past monitored the activities of the Chinese aircraft carrier Liaoning, deployed in the East China Sea, but Japanese destroyers tasked with surveilling Chinese vessels usually stay away from territorial waters off Zhejiang, they added.

In unofficial talks between the two sides, a Japanese official pointed to the possibility that the entry was a "procedural error," they said.

A Chinese security expert, however, has cast doubt on Tokyo's unofficial view that the MSDF destroyer might have entered the Chinese waters by mistake, citing the Japanese crew's skill levels.

The U.N. Convention on the Law of the Sea recognizes the right to "innocent passage," allowing for a vessel to pass through the territorial waters of another state unless it compromises the safety of the coastal state.

Tokyo maintains that the Suzutsuki's entry into Chinese territorial waters was not illegal, citing the right to innocent passage.

But Beijing argues the MSDF ship did not fulfill its requirements under Chinese domestic law that foreign vessels seek its prior permission to enter its waters, the Chinese sources said.

Jun Tsuruta, associate professor of international law at Meiji Gakuin University in Tokyo, said there has been a debate on whether the right to innocent passage can be granted to military vessels as well as commercial ships, and that the issue has not been completely settled based on UNCLOS adopted in 1982.

As Tokyo recognizes the right to innocent passage for foreign military ships navigating into Japanese territorial waters, SDF vessels would not likely seek Beijing's prior approval based on Chinese law before entering the neighboring country's waters, Tsuruta pointed out.

China regularly sends its military and coast guard vessels into Japanese territorial waters near the Tokyo-controlled Senkaku Islands in the East China Sea, which Beijing claims and calls Diaoyu.

While the intention of the destroyer's crew has not been clarified, Japan should refrain from escalating tensions in regional seas, the associate professor said.

"I wonder why Japan made such a provocative move amid efforts by both countries to stabilize relations," a Chinese diplomatic source said.

Sino-Japanese relations have deteriorated over a host of issues, including the release of treated radioactive water from the crippled Fukushima nuclear power plant that began in August last year, prompting Beijing to impose a total import ban on Japanese seafood.

Chinese President Xi Jinping and Japanese Prime Minister Fumio Kishida agreed during their November meeting in San Francisco to build "mutually beneficial" bilateral relations based on common strategic interests, with Chinese Premier Li Qiang and the Japanese leader confirming the agreement in Seoul in May.

Despite this, negotiations to improve bilateral ties have been slow.

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@Jackie san