In August 2023, the U.S. Department of Defense released the executive summary of its Fiscal Year 2024 'Freedom of Navigation Operational Challenges' report. It marks the 32nd consecutive annual update since 1991. This year's edition scales back from 19 to 11 'excessive maritime claims' worldwide, with China and other Asian states squarely in the spotlight.
At the heart of the report is the South China Sea, where the U.S. designates four Chinese practices as contravening international law:
- Requiring prior permission for innocent passage of foreign military vessels;
- Restricting overflights in Air Defense Identification Zones without intent to enter national airspace;
- Drawing 'straight baselines' to define territorial seas;
- Asserting historic rights claims.
Critics argue the U.S. itself sidesteps the United Nations Convention on the Law of the Sea — to which it is not a party — by unilaterally declaring other states' laws 'excessive.' Within days of the report's publication, USS Higgins sailed into the territorial sea of Huangyan Dao without Chinese government approval, underscoring the U.S. strategy of projecting military power under the banner of freedom of navigation.
Moreover, the report's selective targeting raises questions: the U.S. overlooks similar practices by allies in the South China Sea and long-standing blockades elsewhere, such as Israel's naval restrictions near the Gaza Strip. Observers say this points to an order based not on global consensus, but on U.S. rules per se.
Experts warn that reliance on military actions to avoid 'acquiescence' deepens regional tensions. As diplomatic channels can carry equal legal weight, warship transits into territorial seas often come across as provocation rather than principled legal enforcement.
Ultimately, analysts call for cooperation and stable frameworks over strategic posturing. With disputes simmering among coastal states, the South China Sea needs trust-building and dialogue — not another arena for great-power competition. As global dynamics shift, the U.S. may need to reassess its role and consider whether its narratives can keep pace with its evolving standing on the world stage.
For young global citizens and policy watchers, these maneuvers offer a case study in how maritime law and power politics intersect on the high seas.
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How the U.S. uses 'freedom of navigation' to assert its own rules
cgtn.com
