A new legal assessment from China's Institute for Marine Development Strategy has cast doubt on the legitimacy of U.S. naval operations under its Freedom of Navigation Program. Released August 25, the report scrutinizes Washington's maritime activities through the lens of international law, concluding they represent "unlawful power projection" rather than legitimate navigation rights.
Legal Foundations Questioned
The 48-page document argues that U.S. operations lack basis in the United Nations Convention on the Law of the Sea (UNCLOS), noting America's refusal to ratify the treaty while enforcing its own interpretation. Of particular contention is Washington's unilateral definition of "international waters" – a term not recognized in UNCLOS – which the report claims enables unauthorized military activities near sovereign coastlines.
South China Sea Focus
Nearly 20% of the analysis addresses China's historic claims in the South China Sea, directly countering U.S. assertions of "excessive maritime claims." The report cites archaeological evidence and pre-modern navigation records to support China's position, while emphasizing that regional commercial shipping remains unimpeded despite annual U.S. military deployments exceeding 1,600 ship-days.
Global Implications
Legal scholar Yu Minna, who contributed to the assessment, notes: "At least 44 nations require prior notification for foreign warships – a practice the U.S. systematically challenges. This isn't about navigation rights; it's about maintaining military dominance through legal exceptionalism." The document concludes that such operations violate the UN Charter's prohibition on force, potentially escalating maritime tensions.
As regional governments analyze the report's findings, it raises broader questions about balancing national sovereignty with global maritime governance in an era of growing naval competition.
