Page 14: of Maritime Reporter Magazine (August 2021)

Eye on the Navy “The United States military ? ies, sails, and operates

U.S. Navy photo by Mass Communication Specialist 3rd Class Keenan Daniels/Released anywhere international law allows.”

U.S. Navy asserts “Freedom of

Navigation” in the South China Sea

By Edward Lundquist he 1982 Law of the Sea Convention recognizes the Spratly and Paracel Islands. rights and freedoms of all nations to engage in tradi- USS Benfold (DDG 65) conducted a FONOP in the South

Ttional uses of the sea. According to the Department of China Sea on July 12, and “asserted navigational rights and free-

Defense 2020 Annual Freedom of Navigation Report to Con- doms in the vicinity of the Paracel Islands, consistent with inter- gress, “Unlawful and sweeping maritime claims—or incoher- national law,” according to a Navy statement. “This freedom of ent legal theories of maritime entitlement—that are inconsis- navigation operation (“FONOP”) upheld the rights, freedoms, tent with international law pose a threat to the legal foundation and lawful uses of the sea recognized in international law by of the rules-based international order.” challenging the unlawful restrictions on innocent passage im-

Not all nations adhere to this principle. Consequently, the posed by China, Taiwan, and Vietnam and also by challenging

United States is “committed to confronting this threat by chal- China’s claim to strait baselines enclosing the Paracel Islands.” lenging excessive maritime claims,” the report said. According to a statement from the U.S. Seventh Fleet, U.S.

The U.S. Navy routinely asserts those right by conducting forces have operated in the South China Sea on a daily basis, “Freedom of Navigation” operations (FONOPS) around the and have done so for more than a century. “They routinely world. There are a number of claims around the globe with operate in close coordination with like-minded allies and part- which the U.S. does not agree or accept. Last year U.S. forces ners who share our commitment to uphold a free and open met 28 excessive maritime claims by 19 countries, the DoD international order that promotes security and prosperity. All report said. This is perhaps most visible in the western Paci? c, of our operations are designed to be conducted professionally where the United States Navy continues to assert its right to and in accordance with international law and demonstrate that operate freely in international waters by conducting FONOPS the United States will ? y, sail, and operate wherever inter- in the South China Sea, particularly in the vicinity of the national law allows –regardless of the location of excessive 14 Maritime Reporter & Engineering News • August 2021

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