US should change tack in South China Sea

By Jin Yongming China Daily, October 13, 2015

The United States is likely to sail warships close to China's artificial islands in the South China Sea, once again using "free navigation" as an excuse to interfere in the regional territorial disputes. In the past, the US has refrained from sending warships inside the 12-nautical mile zone of China's artificial features, but this time the warships will reportedly do so.

In fact, the US' obsession with free navigation originated with the Truman Proclamation, which was issued by the then-president Harry S. Truman in 1945 to guarantee such freedom in the high seas. In recent decades, Washington has become increasingly focused on the South China Sea, asserting free navigation in the regional waters is a core interest.

Of all foreign military activities in the special economic zones (especially those of China and the US), the innocent passage of warships through territorial seas, have fueled the majority of clashes and disagreements, as the United Nations Convention on the Law of the Sea fails to provide explicit regulations on such activities. Consensus has seldom been reached on the peaceful use of marine resources and maritime scientific studies in such waters either.

In particular, whether the relevant coastal states should be notified and asked for permission prior to foreign military activities within their special economic zones has become a global concern. It is something on which consensus is unlikely to be reached under the framework of the convention. Not to mention, the US has not ratified the convention yet.

As for Beijing and Washington, they are supposed to engage in bilateral dialogues and negotiations to enhance mutual trust, and abide by the key principles, especially the early notification of major military operations, and their guidelines on behavior to avoid military encounters, which were agreed in November last year.

1   2