JEAIL > Volume 9(1); 2016 > Regional Focus & Controversies
Research Paper
Published online: May 30, 2016
DOI: http://dx.doi.org/10.14330/jeail.2016.9.1.08

The Latest Developments of the US Freedom of Navigation Programs in the South China Sea: Deregulation or Re-balance?

Xinjun Zhang
School of Law, Tsinghua University, Beijing 100084, P.R China.
Corresponding Author: zxinjun@mail.tsinghua.edu.cn

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract

Regarding warships, customary rules on innocent passage and freedom of navigation codified in the UNCLOS are far from being settled among State Parties. FONOPs impose the US understanding of rules on passage and navigation in each and every sea area, forcefully implementing deregulation in order for the US to create a navy-friendly environment for its worldwide mission. By implementing another agenda of carrying out the new US policy of "Pivot to Asia," the FONOPs in the South China Sea challenge the very heart of China's sovereignty, and may bring about adverse effect to the process of peaceful settlement of territorial issues and maritime disputes in the South China Sea region. China believes the US FONOPs in the South China Sea are offensive to its sovereignty. Moreover, their adverse effect to the process of peaceful settlement of territorial issues and maritime disputes in the South China Sea region cannot be ignored.

Keywords : FONOP, South China Sea, UNCLOS, Passage and Navigation, Low Tide Elevation, Artificial Island

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