Opinion | The US is endangering peace in the South China Sea by enforcing its own interpretations of maritime law

The US is not a signatory to the UN convention on the law of the sea, but still judges another country’s ‘excessive maritime claims’ according to its own understanding of the rules

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In this October 13, 2016 photo provided by the US Navy, the guided-missile destroyer USS Decatur operates in the South China Sea as part of the Bonhomme Richard Expeditionary Strike Group. Photo: AP

Published: 11:00am, 4 Mar 2020Updated: 11:00am, 4 Mar 2020

The US defence department has yet to release its annual freedom of navigation report for the 2019 financial year. While there is no fixed time frame, the reports for 2017 and 2018 were released on December 31 of those respective years. In 2018, the United States carried out seven freedom of navigation operations against China.

For 2019, there will be no fewer, for sure, given the growing chorus of military and civilian leaders who have voiced their support for such operations against China.

Of the US’ freedom of navigation operations in 2019, one that is particularly noteworthy was conducted on September 30 by the destroyer USS Decatur, which had a close encounter with a Chinese vessel that led to a near-collision.

With more frequent freedom of navigation patrols, the cat-and-mouse game between the US and Chinese navies is more likely to lead to misunderstanding, miscalculation or real conflict.

Notwithstanding the strategic and geopolitical competition between China and the US, such operational confrontations are a reflection, more or less, of different understandings and interpretations of the applicable rules in international law.

The US carries out freedom of navigation operations on the basis that it needs to challenge the states making “excessive maritime claims”. This argument raises several questions.