On August 25, researchers from the China Institute for Marine Development Strategy under the Ministry of Natural Resources released a legal assessment of the U.S. Freedom of Navigation Program. Drawing on the United Nations Convention on the Law of the Sea (UNCLOS) and customary international law, the report highlights several key issues:
Key findings:
- The program lacks a legal basis in UNCLOS or customary international law and functions as a power-projection tool rather than a lawful navigational principle.
- The U.S. concept of 'international waters' is not recognized under UNCLOS, which categorizes marine spaces into territorial seas, exclusive economic zones, high seas, and the international seabed area.
- The report notes at least 44 coastal states require prior notice or approval for warship entry into their territorial seas, challenging the U.S. claim that such notice is not needed under international law.
- The U.S. singled out China's historic rights claim in the South China Sea as an 'excessive maritime claim,' despite UNCLOS and international jurisprudence recognizing historic rights in boundary and title disputes.
According to China's 2024 Report on Navigation and Overflight in the South China Sea, military and naval activities in the region are among the world's highest:
- 20,000+ ship-days of surface naval presence annually
- 30,000+ military aircraft sorties
- U.S. forces alone contribute around 1,600 surface vessel ship-days, 3,000 auxiliary ship-days, submarine deployments, and roughly 8,000 annual sorties across its armed services.
The assessment argues that the U.S. approach risks escalating regional tensions by challenging state sovereignty through armed deterrence, in conflict with the UN Charter's prohibition on the threat or use of force.
By contrast, China has promoted the South China Sea as a sea of peace, friendship and cooperation, resolving disputes through negotiations and never restricting lawful navigation or overflight in accordance with international law. The report concludes that any determination of excessive maritime claims should follow established legal processes rather than unilateral assertions.
As one of the world's busiest sea lanes, the South China Sea remains at the center of strategic, legal and environmental debates—each shaping the future of global maritime order.
Reference(s):
China report exposes unlawful nature of U.S. 'freedom of navigation'
cgtn.com
