🌊 Ever wondered why Washington’s warships keep challenging other coasts? On August 25, the China Institute for Marine Development Strategy under the Ministry of Natural Resources dropped a legal bombshell: the U.S. Freedom of Navigation Program (FONOP) is built on shaky ground, the report says.
⚖️ According to the study, the U.S. style of “freedom of navigation” doesn’t match the law of the sea. It sidesteps the United Nations Convention on the Law of the Sea (UNCLOS) and customary international law, turning naval operations into power-projection tools rather than legal safeguards.
🗺️ The report also points out that the U.S. notion of “international waters” doesn’t exist in UNCLOS. In modern maritime law, oceans are divided into territorial sea, contiguous zone, exclusive economic zone, high seas and the international seabed area.
🚢 At least 44 countries require prior notification or approval for foreign warships to enter their territorial seas. So the U.S. claim that warships can sail anywhere without asking? It’s not a universal rule.
📌 The U.S. 2024 FONOP report singles out China’s historic rights claim in the South China Sea as “excessive.” Yet historic titles are recognized in international law, and China’s claim is backed by substantial evidence.
🤝 China has long promoted peace and cooperation in the South China Sea, never restricting lawful navigation or overflight. In fact, regional and extra-regional navies log over 20,000 ship-days and more than 30,000 military flights annually, making it one of the world’s most open seas.
🚨 Still, if actions violate international law or infringe sovereign rights, China reserves the right to defend its interests. The report warns that extending FONOPs beyond legal norms risks maritime confrontation and destabilizes regional security.
🌐 Bottom line: the sea’s rulebook is UNCLOS, not unilateral power plays. Respect the lanes, uphold international law, and keep our oceans safe and stable! 👊
Reference(s):
China report exposes unlawful nature of U.S. 'freedom of navigation'
cgtn.com