88
Y. Bao
the similar unauthorized passage of US warships in 2019.
37 The response clearly
conveys at least four meanings.
First, the US warship’s “unauthorized passage” constitutes a breach of the rules
of international law. As has been mentioned above, China sticks to the interpretation
in the UNCLOS that foreign warships do not enjoy the right of innocent passage
in the territorial sea of the coastal State. China is eligible to adopt domestic laws
and regulations to set reasonable restrictions on the passage of foreign warships.
Such domestic laws and regulations are fully permissible under the UNCLOS and
customary international law. On the other hand, it is US that defies the domestic laws
and regulations of China, and intentionally “show-off” its military power to threaten
China. In essence, the US FON operations are not about “freedom of navigation” in
the South China Sea. Instead, they are “military freedom of navigation” aiming at
the defying domestic laws and regulations of the coastal States in the South China
Sea. This kind of practice definitely “violated basic norms governing international
relations”.
Second, the US warship’s “unauthorized passage” is politically motivated and
provocative. China in recent years endeavours to advocate that the South China Sea
should be built into “a sea of peace, a sea of friendship and a sea of co-operation”.
38
Against this background, China naturally views the US FON operations as politically
driven and provocative. In China’s point of view, the US FON operations in the South
China Sea have little to do with the maintenance of peace and security in the South
China Sea. Instead, the frequent “unauthorized passage” only contributes to destabilize the status quo of the South China Sea. Moreover, the frequent confrontation
between China and the US arising from “unauthorized passage” may have negative
impact on the ongoing negotiations on the “Code of Conduct in the South China
Sea” between China and ASEAN including littoral States of the South China Sea.
Third, the US warship’s “unauthorized passage” poses a real threat to the Chinese
sovereignty and security in islands and reefs in the South China Sea. In recent years,
China frequently emphasizes its inherent right to defend its sovereignty and territorial
integrity in several disputed islands and reefs in the South China Sea. Evidently, to
dispatch powerful guided-missile destroyers and cruisers to pass through or sail close
Chinese territorial sea is by no means “friendly” at all. Instead, such operations can
only be deemed as directly threatening China’s sovereignty and territorial integrity
in the disputed islands and reefs in the South China Sea.
Last but not least, China reserves its legal right under international law to tackle
with any breach of its domestic law by “take all necessary measures”. The incident
37 For example, see “Foreign Ministry Spokesperson Geng Shuang’s Regular Press Conference on May 6, 2019”, 6 May 2019, Ministry of Foreign Affairs of PRC, https://www.fmprc.
gov.cn/mfa_eng/xwfw_665399/s2510_665401/2511_665403/t1661163.shtml; “Foreign Ministry
Spokesperson Lu Kang’s Regular Press Conference on May 20, 2019”, 20 May 2019, Ministry
of Foreign Affairs of PRC, available at https://www.fmprc.gov.cn/mfa_eng/xwfw_665399/s2510_
665401/2511_665403/t1665026.shtml. Accessed 10 June 2019.
38 X.M. Liu, “Who is really behind the tensions in the South China Sea?”, 9 May 2016, Financial Times, available at https://www.ft.com/content/147a3ff6-12d2-11e6-91da-096d89bd2173.
Accessed 4 October 2016.
Y. Bao
the similar unauthorized passage of US warships in 2019.
37 The response clearly
conveys at least four meanings.
First, the US warship’s “unauthorized passage” constitutes a breach of the rules
of international law. As has been mentioned above, China sticks to the interpretation
in the UNCLOS that foreign warships do not enjoy the right of innocent passage
in the territorial sea of the coastal State. China is eligible to adopt domestic laws
and regulations to set reasonable restrictions on the passage of foreign warships.
Such domestic laws and regulations are fully permissible under the UNCLOS and
customary international law. On the other hand, it is US that defies the domestic laws
and regulations of China, and intentionally “show-off” its military power to threaten
China. In essence, the US FON operations are not about “freedom of navigation” in
the South China Sea. Instead, they are “military freedom of navigation” aiming at
the defying domestic laws and regulations of the coastal States in the South China
Sea. This kind of practice definitely “violated basic norms governing international
relations”.
Second, the US warship’s “unauthorized passage” is politically motivated and
provocative. China in recent years endeavours to advocate that the South China Sea
should be built into “a sea of peace, a sea of friendship and a sea of co-operation”.
38
Against this background, China naturally views the US FON operations as politically
driven and provocative. In China’s point of view, the US FON operations in the South
China Sea have little to do with the maintenance of peace and security in the South
China Sea. Instead, the frequent “unauthorized passage” only contributes to destabilize the status quo of the South China Sea. Moreover, the frequent confrontation
between China and the US arising from “unauthorized passage” may have negative
impact on the ongoing negotiations on the “Code of Conduct in the South China
Sea” between China and ASEAN including littoral States of the South China Sea.
Third, the US warship’s “unauthorized passage” poses a real threat to the Chinese
sovereignty and security in islands and reefs in the South China Sea. In recent years,
China frequently emphasizes its inherent right to defend its sovereignty and territorial
integrity in several disputed islands and reefs in the South China Sea. Evidently, to
dispatch powerful guided-missile destroyers and cruisers to pass through or sail close
Chinese territorial sea is by no means “friendly” at all. Instead, such operations can
only be deemed as directly threatening China’s sovereignty and territorial integrity
in the disputed islands and reefs in the South China Sea.
Last but not least, China reserves its legal right under international law to tackle
with any breach of its domestic law by “take all necessary measures”. The incident
37 For example, see “Foreign Ministry Spokesperson Geng Shuang’s Regular Press Conference on May 6, 2019”, 6 May 2019, Ministry of Foreign Affairs of PRC, https://www.fmprc.
gov.cn/mfa_eng/xwfw_665399/s2510_665401/2511_665403/t1661163.shtml; “Foreign Ministry
Spokesperson Lu Kang’s Regular Press Conference on May 20, 2019”, 20 May 2019, Ministry
of Foreign Affairs of PRC, available at https://www.fmprc.gov.cn/mfa_eng/xwfw_665399/s2510_
665401/2511_665403/t1665026.shtml. Accessed 10 June 2019.
38 X.M. Liu, “Who is really behind the tensions in the South China Sea?”, 9 May 2016, Financial Times, available at https://www.ft.com/content/147a3ff6-12d2-11e6-91da-096d89bd2173.
Accessed 4 October 2016.