China and the United Nations Convention on the Law of the Sea: Operational Challenges

摘要

China places restrictions on the rights of foreign warships to exercise innocent passage of territorial waters, claims extensive sovereignty in its Exclusive Economic Zone (EEZ), and has made maritime claims citing historic waters. China asserts that these actions are consistent with the provisions of the United Nations Convention On The Law Of the Sea (UNCLOS) Treaty. The United States does not recognize China's claims and restrictions encroach upon U.S. national rights and interfere with the ability of the theater Combatant Commander PACOM to employ forces in the Western Pacific littoral. PACOM must continue to conduct FON operations to assert U.S. claims while engaging regional partners such as Japan. The U.S. must assist in developing workable solutions to South China Sea maritime disputes that are consistent with U.S. interests. The U.S. should not ratify the UNCLOS Treaty until it has been modified to include a military activities exemption that addresses conduct of innocent passage and operations in EEZs.