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

Abstract

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.

Open PDF

Document Details

Document Type
Technical Report
Publication Date
May 09, 2005
Accession Number
ADA463699

Entities

People

  • Steven D. Vincent

Organizations

  • Naval War College

Tags

Communities of Interest

  • Ground and Sea Platforms
  • Space
  • Weapons Technologies

DTIC Thesaurus Topics

  • Agreements
  • Air Force
  • Combatant Commanders
  • International Law
  • Law
  • Military Applications
  • Military Operations
  • National Security
  • Naval Operations
  • Naval Warfare
  • Oceans
  • Pacific Ocean
  • South China Sea
  • United Nations
  • United States
  • United States Pacific Command
  • War Colleges

Readers

  • Asian Economic Studies
  • Government and Public Administration Law.
  • Strategic Security Studies