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135 Mil. L. Rev. 137 (1992)
Freedom of Navigation and the Black Sea Bumping Incident: How Innocent Must Innocent Passage Be

handle is hein.journals/milrv135 and id is 143 raw text is: FREEDOM OF NAVIGATION AND THE BLACK SEA BUMPING INCIDENT: HOW INNOCENT MUST INNOCENT PASSAGE BE? LIEUTENANT COMMANDER JOHN W. ROLPH' I. Introduction A common theme in discussions concerning freedom of navi- gation is the inevitable conflict generated by competing inter- ests of coastal states and the international community regard- ing use of the world's oceans-in particular, territorial waters. Balancing the sensitive considerations of continually ex- panding coastal state sovereignty claims with the international community's global navigation needs has been a central focus of almost all Law of the Sea negotiations. At the heart of this conflict is the struggle that major naval powers-including the United States-are experiencing in keeping the oceans open so that they may pursue their various strategic and diplomatic interests.' Much of the discontent is caused by the increasing territorialization of previously unrestricted waters by coastal nations concerned with protecting state security, envi- ronmental, and economic interests.2 This may be the product of some states' tendencies to view their particular interests as somehow separate and distinct from those of other nations.3 *Judge Advocate General's Corps, United States Navy. Presently assigned as In- structor, International Law Division, The Judge Advocate General's School, U.S. Army. B.S., 1978, University of Texas-El Paso; J.D., 1981, Baylor University Law School; LL.M., 1991, The Judge Advocate General's School. Previously assigned as Staff Judge Advocate, U.S.S. Independence (CV-62), San Diego, Cal. (1988-1990); Staff Judge Ad- vocate, COMNAVAIRPAC, Naval Air Station North Island, Cal. (1987-1988); Staff Judge Advocate, Naval Amphibious Base, Coronado, Cal. (1985-1987); Senior Trial Counsel, Yokosuka, Japan (1983-1985); and Trial/Defense Counsel, Subic Bay, Repub- lic of the Philippines, (1982-1983). Member of the Texas State Bar. I Negroponte, Who WIM Protect Freedom of the Seas?, DWs'? ST. BuLL., Oct. 1986. at 41. 2 F. NGANTCHA, THE RIGHT OF INNOCENT PASSAGE AND THE EVOLUTION OF THE INTMENATIONAL LAW OF THE SEA 1 (1990). 3See Negroponte, supra note 1, at 42. The danger . . . is that there is a tendency for each state to see the waters and circumstances off its coast as in some way unique. In this way the coastal state justifies assertions of new or broader forms of jurisdiction to satisfy its coastal appetite. This tendency, which has been dubbed creeping uniqueness, Is the latest threat to the freedom of the seas. Id.

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