By Liu Haiyang

May 27, 2016

"On May 10, the US warship illegally entered waters near the controversial reefs of China's islands in the South China Sea for the third time. It is true that the US Freedom of Navigation (FON) Program has been in place for many years, and it does not purport to target China alone. However, the lawfulness of the FON operations warrant examination in light of the 1982 International Law of the Sea Convention so as to know the role and intent of the FON Program in building a US-dominated world oceans legal order and in carrying out the 'Pivot to Asia' policy.

A full analysis of the lawfulness of the FON operations necessitates a look back upon the program's historical background. It was formally instituted during the Carter administration in 1979 before the adoption of the convention. According to a fact sheet of the US Department of Defense, the FON program aims to preserve American national interest and demonstrate a non-acquiescence to excessive maritime claims asserted by coastal states. It includes both diplomatic communications and operational assertions. The US asserts that the Program impartially targets excessive claims of allied, friendly, neutral, and unfriendly states alike.

Read more:
http://www.chinausfocus.com/foreign-policy/whose-international-law-are-we-talking-about/

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