China’s Ministry of Natural Resources recently released a report challenging the legality of US freedom of navigation operations (FON) in the South China Sea, claiming these operations hold “no legal basis” under international law. The report, authored by the China Institute for Marine Affairs, aims to solidify Beijing’s stance against US naval activities, which it asserts are driven primarily by American national interests and geopolitical strategy.
According to the Chinese report, the United States has distorted the United Nations Convention on the Law of the Sea (UNCLOS) to serve its agenda, despite not ratifying the convention itself. It accuses the US of selectively applying provisions of UNCLOS to its advantage, which Beijing argues undermines the convention’s integrity. This marks a significant part of China’s broader efforts to contest US maritime assertions in the region.
US FON operations, initiated in 1979, involve a combination of diplomatic protests and military activities designed to challenge what Washington sees as excessive maritime claims by other nations. These operations often bring US naval vessels and aircraft into contested waters, reinforcing navigation rights assured under international law. The program is presented by the US as essential for maintaining access to pivotal shipping lanes in the South China Sea, which facilitate nearly one-third of global maritime trade.
The report by China further characterizes US FON as marked by “unlawfulness, unreasonableness, and double standards.” It suggests that US actions have shifted from mere protection of commerce to the projection of military might, thereby allowing the US to enforce its interpretations of maritime law through unilateral measures and force. This, according to China, jeopardizes the international maritime legal order.
In 2016, a tribunal under UNCLOS rejected China’s sweeping claims in the South China Sea, famously known as the nine-dash line. Yet, Beijing dismissed the tribunal’s ruling and has persisted in asserting control over disputed areas, considering US patrols as provocations undermining regional stability.
This new report from China formalizes its legal objection to US operations, labeling them as efforts that “seriously distort the interpretation and development of international law.” The release coincides with an intensification of US naval activities in the region, alongside China’s increased presence through artificial island construction and other assertive measures.
As US and Chinese positions harden, the South China Sea remains a strategic flashpoint, reflecting deeper conflicts over international maritime norms and the balance of power in Asia. Interested readers can delve deeper into the nuances of China’s formal legal challenge in the report available at JURIST.