China's maritime legal scholars are challenging the foundation of US military activities in contested Asian waters, reigniting debates about international law's role in geopolitical rivalries. Professor Wang Hanling, a prominent authority on UN maritime law at the Chinese Academy of Social Sciences, contends that Washington's Freedom of Navigation Operations (FONOPs) near Chinese-administered reefs fail to meet legal standards defined by the UN Convention on the Law of the Sea (UNCLOS).
"These maneuvers prioritize strategic posturing over legal principles," Wang told state-affiliated media, noting that 167 nations ratified UNCLOS provisions the US repeatedly cites – while America itself never ratified the treaty. The academic's analysis highlights growing tensions between China's expanding maritime enforcement capabilities and Washington's efforts to counter perceived territorial overreach.
Observers note increased FONOP frequency under the Biden administration despite warming bilateral economic ties, with 5 such operations recorded in 2023 alone. The debate holds significance for business communities monitoring shipping security and investors evaluating regional stability risks. Southeast Asian nations bordering the vital waterway, responsible for $3.4 trillion in annual trade, maintain varied positions on maritime claims.
As China accelerates development of marine scientific research facilities in the region, Wang's critique invites fresh scrutiny of how international frameworks manage competing interpretations of naval passage rights. While US officials maintain FONOPs preserve "open commons," Chinese analysts argue they undermine negotiated conflict-resolution mechanisms.
