By Sun Jianxiang
On August 25, the China Institute for Marine Affairs under China's Ministry of Natural Resources released a bilingual report titled Legal Assessment of the United States' "Freedom of Navigation". The report assesses the US's "Freedom of Navigation" from a legal perspective and points out that it is, in essence, a "freedom of military threat".
Freedom of navigation is supposed to be a cornerstone of the international maritime order. Yet the US has distorted it into a tool for advancing hegemony. In recent years, under the pretext of "upholding maritime rules", the US has frequently carried out so-called "freedom of navigation" operations. In practice, it follows a hegemonic logic that places its domestic law above the international law, resorts to threat of force instead of dialogue and consultation, and pursues its own strategic interests at the expense of regional security. The US practices are manifested in several aspects.
First, it fabricates legal concepts to mislead the public. To advance hegemony under the guise of law, Washington has invented several so-called legal terms. Among them, the US repeatedly stresses the notion of "international waters", yet such a concept does not exist in the United Nations Convention on the Law of the Sea (UNCLOS) or other instruments of international law. From the current diplomatic practice and international judicial cases, "international waters" is regarded as an unprofessional, colloquial term and has not been accepted by most states or international judicial bodies. Nevertheless, Washington seeks to popularize the notion in international discourse, turning falsehood into orthodoxy, and using a self-created concept to erode the authority of international conventions.
Second, Washington employs military force to provoke and pressure other countries. The US sought to launch its "freedom of navigation program" before negotiations on the UNCLOS had finalized standards for territorial waters, aiming to maximize the global mobility of US forces. The Congressional Research Service (CRS) has openly admitted that restricting US naval operations within exclusive economic zones could bring about major changes to US Grand Strategy. Beyond intelligence gathering and close-in reconnaissance, US naval vessels often trespass into 12 nautical miles of other countries' territorial sea without prior application or notification. The purpose is deterrence and coercion, pressuring relevant states and threatening regional peace and stability.
Finally, Washington aligns its moves with national strategy. In the first decade of the 21st century, the US raised no objections over "freedom of navigation" in the South China Sea. After announcing its high-profile "pivot to Asia", Washington steadily intensified its involvement in the region. During the first term of Donald Trump, the US pursued a strategy of "comprehensive containment of China", frequently using maritime means to exert pressure. During the Biden Administration, Washington has advanced the concept of "integrated deterrence", strengthening forward deployments in waters near China in an attempt to constrain China's development from the sea. Through so-called "freedom of navigation operations" and joint military exercises, the US has emboldened provocative maritime actions by the Philippines and certain other countries. The US claims its "freedom of navigation operations" are intended to challenge so-called "excessive maritime claims". Yet the US think tank, the Quincy Institute for Responsible Statecraft, has pointed out that, by Washington's own standards, allies such as Australia and Canada also have "excessive claims". The US, however, takes no action against them, revealing its double standards.
In reality, US "freedom of navigation operations" have never served the global maritime order. They have always revolved around Washington's hegemonic strategy. The oceans are the common wealth and shared home of humanity. They are closely tied to humanity's future and the sustainable development of all nations. Safeguarding freedom of navigation must return to its original purpose of ensuring smooth international shipping, and should not be used as an excuse to seek unilateral hegemony by means of military force.
(The author is from the Institute of Marine Strategy, China Institutes of Contemporary International Relations)
Editor's Note: Originally published on www.china.com.cn, this article is translated from Chinese into English and edited by the China Military Online. The information and opinions in this article do not necessarily reflect the views of eng.chinamil.com.cn.