The United Nations Convention on the Law of the Sea represents the distillation of centuries of customary international law regarding the use of the high seas. It codifies acceptable territorial claims by coastal states and provides for universal access to the maritime commons. The United States upholds and defends these common laws and universal rights through its Freedom of Navigation Program. Under the Freedom of Navigation Program, the U.S. Departments of Defense and State collaborate to protest excessive claims of territory and attempts to restrict rights to navigation as outlined in the Convention. At nearly 40 years old, the Freedom of Navigation Program is a product of the bipolar Cold War era. This paper evaluates its effectiveness in the current age of eroding international norms and a strategic competitive environment, specifically focusing on the complex web of territorial disputes and geopolitical ambitions within the South China Sea. The evaluation results in recommendations to increase information operations surrounding the Program and to take deliberate steps to multilateralize freedom of navigation operations. By taking these steps, the U.S. Freedom of Navigation Program will improve the likelihood of a peaceful solution to the disputes in the South China Sea that is in accordance with the U.N. Convention on the Law of the Sea.
Reassessing the U.S. Freedom of Navigation Program in a Complex Competitive Environment
2018
26 pages
Report
No indication
English
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