US ploy in South China Sea bound to fail

China passed the Law on the Territorial Sea and the Contiguous Zone in 1992, and the Law on the Exclusive Economic Zone and Continental Shelf seven years later. It ratified the United Nations Convention on the Law of the Sea in 1996 and publicized the territorial baseline of its mainland and Xisha Islands.

True, it is yet to disclose the territorial baseline of its Nansha Islands, but that does not nullify its legal rights in the surrounding waters, including territorial sea, exclusive economic zones and continental shelf. This makes the entry of US guided-missile destroyer USS Lassen into the waters near China’s islands in the South China Sea last month a violation of international law.

The US’ attempt to justify its action on the pretext of “freedom of navigation” is a rather clumsy argument that ignores some specific clauses in international law, for instance, innocent passage in territorial seas, transit passage in straits used for international navigation, and sea-lane passage through archipelagoes.

Also, the freedom of navigation clause in international law is neither unconditional nor beyond international regulations. Freedom of navigation can neither be above an affected coastal state’s laws and rights in the exclusive economic zones nor can it override other countries’ interests in the high seas.

Washington’s recent provocative moves have infringed upon Beijing’s maritime sovereignty and security in the South China Sea, the United Nations Charter as well as international law. They were also intended to show the US’ military muscles on the pretext of practicing freedom of navigation.

But China is not one to give in when it comes to its territorial, maritime and security interests, and the US is unlikely to succeed in its designs by instigating ASEAN countries to challenge China’s maritime rights in the South China Sea.

The author is deputy director of the China Institute for Marine Affairs attached to the State Oceanic Administration.