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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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