I think there is a much bigger issue than "right of way". Electronic warfare is a bigger deal than ever, especially when you consider the complex electronic systems used by navy ships. I think these tankers we're trying to sink these ships, and might have had the capability to disable these 2 destroyers. But the Navy and our government will never admit to us or the world that a tanker disabled our billion dollar ships. They would rather blame the crews than face that kind of international embarrassment. In my mind these are acts of terror, and the injured/dead sailors should be awarded Purple Hearts.
But that's just my opinion...