Maritime claims in the South China Sea and freedom of navigation operations

Jonathan G. Odom

Chapter 9 in Building a Normative Order in the South China Sea, 2019, pp 171-194 from Edward Elgar Publishing

Abstract: Among the four categories of territorial-maritime claims existing in the South China Sea, only one of those categories of claims is challenged by Freedom of Navigation Operations (FONOPs): specifically, excessive maritime claims that have been enacted domestically by several of the claimant states, but that are inconsistent with international law. FONOPs are lawful as matter of international law and are legitimate as a policy option, because state action is important in preventing excessive maritime claims from becoming accepted. Yet some of the complicating factors in the South China Sea, such as a deliberate lack of clarity by some of the claimant States about some of their maritime claims, make it more difficult to conduct FONOPs in some portions of that body of water. Nonetheless, the United States and other like-minded States should conduct FONOPs and other presence operations in the South China Sea on a routine basis, in order to preserve the freedom of the seas that is guaranteed to all nations under international law.

Keywords: Asian Studies; Development Studies; Economics and Finance; Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2019
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/view/edcoll/9781786437525/9781786437525.00017.xml (application/pdf)
Our link check indicates that this URL is bad, the error code is: 503 Service Temporarily Unavailable

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:17679_9

Ordering information: This item can be ordered from
http://www.e-elgar.com
sales@e-elgar.co.uk

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Darrel McCalla (darrel@e-elgar.co.uk).