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No good will come of this, mark my words!
If one is "at war" and the other is not, can they still build in the sea? The rules state that you cannot build in adjacent seas in this case, but this seems like it would be an exception?
Yes, they can build based on the province not at war.
The prohibition is meant to say you can't build in a sea zone from a province at war. Not that you cannot build in any sea zone that might be touching a province at war.