Freedom of Navigation Assertions

Abstract

In line with its “Freedom of Navigation” program, the United States conducts “operational assertions” by sending naval vessels to violate what it considers to be the excessive maritime claims of other states. Efforts have been made to legitimate this program to the public and elected officials on both liberal and realist grounds: Freedom of navigation is an important component of the liberal international order while also central to the exercise of U.S. naval power. However, it does not follow that military assertions, which create a security risk and are inconsistent with liberal principles, should take precedence over diplomatic and multilateral steps. Rather, the program has faced little scrutiny to date due to its relative obscurity.

Legal or illegal? —Transferring jurisdiction in the course of maritime law enforcement

“…UNCLOS does not explicitly regulate military usage of various maritime areas, arguably allowing the U.S. leeway for interpretation and manoeuvring [ 41 ]. Unless UNCLOS explicitly prohibits it, there is a chance for the U.S. to assert freedom of navigation and the right to conduct military operations [ 42 ].…”