Chinese ship has dropped anchor right at the sea boundary, meaning a lot for what Danish authorities can and cannot do.
DR-Inland in Denmark
Wednesday, November 20, 2024 • 6:46 PM UTC - in Denmark
A Chinese ship, Yi Peng 3, has anchored near the Danish territorial waters and economic zone boundary, posing challenges for Danish authorities regarding their permissible actions.
The Chinese vessel, according to Vesselfinder, is currently anchored in the Kattegat region. Danish journalist Silas Bay Nielsen reported that the ship is under suspicion of damaging underwater cables in the Baltic Sea. A Danish military ship is accompanying it.
However, Danish authorities' ability to board the ship is limited due to its location near the boundary between the territorial waters and the economic zone. The ship lies close to the boundary, making it difficult to determine its exact position.
Professor Kristina Siig from Syddansk Universitet explains the significance of the ship's location. According to Vesselfinder, the ship is located within the Danish economic zone. However, Siig points out that it is so close to the boundary between the economic zone and the territorial waters that it is impossible to definitively determine the ship's position based on Vesselfinder's data alone.
Siig also emphasizes that if the ship is within the 12 nautical miles from the Danish coast, it would be considered within the territorial waters, and Danish jurisdiction would apply. However, if the ship is in the economic zone, Danish authorities would have limited options if other countries suspect the ship of sabotage.
Siig explains that a ship has the right to pass through Danish waters if it is on innocent passage, meaning it is sailing and nothing harmful is happening. However, if the ship is not on passage and is lying still, Danish authorities may have the right to board the ship if they suspect it of committing an offense outside the ship. But this must occur within Danish waters.
In this case, Danish authorities have been asked by Sweden to monitor the ship because the cable damage occurred in Swedish waters. The uncertainty of the ship's location and Danish jurisdiction makes the situation more complicated.
Can we board the ship if it is in the Danish economic zone?
No, we cannot. If we wish to do so, we must have permission from the flag state, which is China in this case. If China refuses and we still board, we risk having to explain our actions in the Hamburg Maritime Court, as the ship is essentially considered a small piece of China.
What if the ship is suspected of committing sabotage outside Denmark, and it is stopped in Danish territorial waters?
The situation is more uncertain because the suspected sabotage occurred outside Danish waters. We must have all the facts before taking any risks. Conversely, the ship is no longer on passage since it is not moving, making it more likely that we may need to board. However, I would formally contact the flag state before taking any further action.
Even if a Swedish ship were to approach the Chinese ship, it would not simplify the situation significantly, even if it were in Danish territorial waters.
It doesn't really help much, as the ship is no longer in Swedish waters. So if I were advising someone, I would advise them to speak with the Chinese regardless of the circumstances.
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