To: limtex who wrote (96775 ) 4/4/2001 1:49:51 PM From: S100 Read Replies (1) | Respond to of 152472 "I wonder what we would all say if Chinese 'spy planes' were to be based in Cuba and start cruising 20 miles off teh coast of Miami or Houston?" Well. I don't know about that particular case, but this has been going on for decades. --- snip "No other nation accepts such a claim," Carter said, adding that the U.S. routinely permits Russian trawlers with sophisticated electronic gear to patrol waters beyond 12 miles off the Norfolk, Va., naval base and near Pearl Harbor. "The Russians do this, and we accept it," he said. "There's nothing illegal about spying in international waters or in the airspace over those waters." Trimble agreed, saying that "international law is pretty simple on most of these points, even though factual situations can be somewhat complicated." "The general rule," he said, "is there is freedom of the high seas and the airspace over it. If the plane was over the high seas, China had no right to interfere with it or force it to land, and once it landed, they would be under an obligation to remedy that and release the crew." In 1972, the U.S. and Russia entered into an agreement to try to avoid accidents involving military planes and ships, authorities said. "If mishaps occurred, they agreed to notify each other and talk about it," Carter said. But the U.S. has no such agreement with other countries, he added. He said the Law of the Sea treaty "provides that a warship, wherever it is, is immune from being boarded absent a declaration of war. You don't board them if they stray into your waters. You say, 'Get out of here, we don't want you,' and you file a diplomatic protest. The same would be true of warplanes." Other experts agreed that the prohibition against boarding military vessels in such circumstances would make it illegal for China to confiscate the high-tech gear on the spy plane. sniplatimes.com