中國潛艦穿過釣魚台海域，無關宣揚國威
上週在東亞海域發生了兩件大事：一是伊朗油輪Sanchi在東海與香港藉貨輪CF Crystal相撞，Sanchi輪最後被大火與爆燃吞噬，沉入海底，船上的所有船員均罹難，裝載的130000噸冷凝油外洩的重大海難事故；二是中國潛艦11日駛入宮古島以及釣魚台列嶼24海浬鄰接區水域，並在12日進入東海後上浮，懸掛國旗。
日本防衛省稍候證實這是「商」級核潛艇（09IIIB型），對於一般在水下能自持約三個月的核潛艦來說，這個上浮並懸掛國旗的舉動，引來許多揣測，其中之一是認為這是宣揚國威。
但也有人表示：如果真要示威，為何不在進入赤尾嶼（日本稱作大正島）附近鄰接區水域就來宣揚國威呢？
好吧，我們來看看聯合國海洋法公約，首先潛艦無害通過與軍艦相關的規範：
Article 20
Submarines and other underwater vehicles
In the territorial sea, submarines and other underwater vehicles are required to navigate on the surface and to show their flag.
Article30
Non-compliance by warships with the laws and regulations of the coastal State
If any warship does not comply with the laws and regulations of the coastal State concerning passage through the territorial sea and disregards any request for compliance therewith which is made to it, the coastal State may require it to leave the territorial sea immediately.
外國潛艇駛入領海，必須上浮航行並懸掛國旗，如果外國軍艦不遵守沿海國的規定，沿海國可以要求軍艦立刻離開領海。若中國潛艦在進入赤尾嶼鄰接區水域即上浮並懸掛國旗，實際上就是在進行相當於領海的無害通過，也就認可了日方在此具有領海的管轄權。
不過這事件發生的位置在鄰接區（Contiguous zone），聯合國海洋法公約中，對於沿海國在鄰接區管轄範圍做了一些限制：
Article 33
Contiguous zone
1. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to:
(a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea;
(b) punish infringement of the above laws and regulations committed within its territory or territorial sea.
2. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.
如果有外國船隻駛入鄰接區水域，違反海關、財政、移民、衛生相關法律，則沿海國有權對這些行為進行懲治，依照第111條行使緊追權（hot pursuit）
Article111
Right of hot pursuit
1. The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. It is not necessary that, at the time when the foreign ship within the territorial sea or the contiguous zone receives the order to stop, the ship giving the order should likewise be within the territorial sea or the contiguous zone. If the foreign ship is within a contiguous zone, as defined in article 33, the pursuit may only be undertaken if there has been a violation of the rights for the protection of which the zone was established.
2. The right of hot pursuit shall apply mutatis mutandis to violations in the exclusive economic zone or on the continental shelf, including safety zones around continental shelf installations, of the laws and regulations of the coastal State applicable in accordance with this Convention to the exclusive economic zone or the continental shelf, including such safety zones.
3. The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or of a third State.
4. Hot pursuit is not deemed to have begun unless the pursuing ship has satisfied itself by such practicable means as may be available that the ship pursued or one of its boats or other craft working as a team and using the ship pursued as a mother ship is within the limits of the territorial sea, or, as the case may be, within the contiguous zone or the exclusive economic zone or above the continental shelf. The pursuit may only be commenced after a visual or auditory signal to stop has been given at a distance which enables it to be seen or heard by the foreign ship.
5. The right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect.
6. Where hot pursuit is effected by an aircraft:
(a) the provisions of paragraphs 1 to 4 shall apply mutatis mutandis;
(b) the aircraft giving the order to stop must itself actively pursue the ship until a ship or another aircraft of the coastal State, summoned by the aircraft, arrives to take over the pursuit, unless the aircraft is itself able to arrest the ship. It does not suffice to justify an arrest outside the territorial sea that the ship was merely sighted by the aircraft as an offender or suspected offender, if it was not both ordered to stop and pursued by the aircraft itself or other aircraft or ships which continue the pursuit without interruption.
7. The release of a ship arrested within the jurisdiction of a State and escorted to a port of that State for the purposes of an inquiry before the competent authorities may not be claimed solely on the ground that the ship, in the course of its voyage, was escorted across a portion of the exclusive economic zone or the high seas, if the circumstances rendered this necessary.
8. Where a ship has been stopped or arrested outside the territorial sea in circumstances which do not justify the exercise of the right of hot pursuit, it shall be compensated for any loss or damage that may have been thereby sustained.
雖然日本並未有確切實證，但在此應就是行使緊追權。那麼，上浮並懸掛國旗的這個舉動，若非進行會認可日方管轄權的無害通過，可能就僅是執行公海航行的規定而已—
Article91
Nationality of ships
1. Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship.
2. Every State shall issue to ships to which it has granted the right to fly its flag documents to that effect.
從過往美蘇冷戰的脈絡來看，也就意味著中國潛艇事實上已經被日方反潛作戰鎖定，只能舉白旗投降。
所以別硬凹了，這樣真的很難看。
