7th Fleet Destroyer conducts Freedom of Navigation Operation in South China Sea

 

    According to U.S. 7th Fleet Public Affairs, News dated April 9th, 2023

    SPRATLY ISLANDS, South China Sea  –  

    On April 10, the Arleigh Burke-class guided-missile destroyer USS Milius (DDG 69) asserted navigational rights and freedoms in the South China Sea near the Spratly Islands, consistent with international law. At the conclusion of the operation, USS Milius exited the excessive claim area and continued operations in the South China Sea. This freedom of navigation operation (“FONOP”) upheld the rights, freedoms, and lawful uses of the sea. USS Milius demonstrated that Mischief Reef, a low-tide elevation in it its natural state, is not entitled to a territorial sea under international law.

     

    The United States engaged in "normal operations" within 12 nautical miles of Mischief Reef. Under customary international law as reflected in the Law of the Sea Convention, features like Mischief Reef that are submerged at high tide in their naturally formed state are not entitled to a territorial sea. The land reclamation efforts, installations, and structures built on Mischief Reef do not change this characterization under international law. By engaging in normal operations within 12 nautical miles of Mischief Reef, the United States demonstrated that vessels can lawfully exercise high-seas freedoms in those areas.

     

    Unlawful and sweeping maritime claims in the South China Sea pose a serious threat to the freedom of the seas, including the freedoms of navigation and overflight, free trade and unimpeded commerce, and freedom of economic opportunity for South China Sea littoral nations.

     

    The United States challenges excessive maritime claims around the world regardless of the identity of the claimant. Customary international law of the sea as reflected in the 1982 Law of the Sea Convention provides for certain rights and freedoms and other lawful uses of the sea to all nations. The international community has an enduring role in preserving the freedom of the seas, which is critical to global security, stability, and prosperity.

     

    The United States upholds freedom of navigation for all nations as a principle. As long as some countries continue to claim and assert limits on rights that exceed their authority under international law, the United States will continue to defend the rights and freedoms of the sea guaranteed to all. No member of the international community should be intimidated or coerced into giving up their rights and freedoms.

     

    U.S. forces operate in the South China Sea on a daily basis, as they have for more than a century. They routinely operate in close coordination with like-minded allies and partners who share our commitment to uphold a free and open international order that promotes security and prosperity. All of our operations are conducted safely, professionally, and in accordance with international law. These operations demonstrate that the United States will fly, sail, and operate wherever international law allows –regardless of the location of excessive maritime claims and regardless of current events.

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    The Spratly Islands dispute is an ongoing territorial dispute between China, the Philippines, Taiwan, Malaysia, Vietnam, and Brunei, concerning "ownership" of the Spratly Islands, a group of islands and associated "maritime features" (reefs, banks, and cays etc.) located in the South China Sea. The dispute is characterized by diplomatic stalemate and the employment of military pressure techniques (such as military occupation of disputed territory) in the advancement of national territorial claims. All except Brunei occupy some of the maritime features.

     

    Most of the "maritime features" in this area have at least six names: The "International name", usually in English; the "Chinese name", sometimes different for PRC and ROC (and also in different character-sets); the Philippine, Vietnamese and Malaysian names, and also, there are alternate names (e.g. Spratly Island is also known as Storm Island), and sometimes names with European origins (French, Portuguese, Spanish, British, etc.).

    In Philippine territory, the Spratly Islands are important for economic and strategic reasons. The Spratly area holds potentially significant, but largely unexplored, reserves of oil and natural gas, it is a productive area for world fishing, it is one of the busiest areas of commercial shipping traffic, and surrounding countries would get an extended continental shelf if their claims were recognized. In addition to economic incentives, the Spratlys sit astride major maritime trade routes to Northeast Asia, giving them added significance as positions from which to monitor maritime activity in the South China Sea and to potentially base and project military force from. In 2014, China drew increased international attention due to its dredging activities within the Spratlys, amidst speculation it is planning to further develop its military presence in the area.  In 2015 satellite imagery revealed that China was rapidly constructing an airfield on Fiery Cross Reef within the Spratlys whilst continuing its land reclamation activities at other sites. The Philippines claims part of the area as its territory under UNCLOS, an agreement parts of which have been ratified by the countries involved in the Spratly islands dispute. However, China (PRC), Taiwan (ROC), and Vietnam are the only ones to have made claims based on historical sovereignty of the islands.

    The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. As of June 2016, 167 countries and the European Union are parties.

     

    The convention resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. UNCLOS replaced the four treaties of the 1958 Convention on the High Seas. UNCLOS came into force in 1994, a year after Guyana became the 60th nation to ratify the treaty.  In 2023, agreement was reached on a High Seas Treaty to be added as an instrument of the convention, to protect ocean life in international waters. This would provide measures including Marine Protected Areas and environmental impact assessments.

     

    While the secretary-general of the United Nations receives instruments of ratification and accession and the UN provides support for meetings of states party to the convention, the United Nations Secretariat has no direct operational role in the implementation of the convention. A UN specialized agency, the International Maritime Organization, does play a role, however, as well as other bodies such as the International Whaling Commission and the International Seabed Authority (ISA), which was established by the convention itself.

     

    IMO – the International Maritime Organization – is the United Nations specialized agency with responsibility for the safety and security of shipping and the prevention of marine and atmospheric pollution by ships. IMO's work supports the UN sustainable development goals.  

    There are multiple reasons why the neighboring nations in particular, and the rest of the world in general, would be interested in the Spratly Islands.

     

    In 1968, oil was discovered in the region. The Geology and Mineral Resources Ministry of the People's Republic of China (PRC) has estimated that the Spratly area holds oil and natural gas reserves of 17.7 billion tons (1.60 × 1010 kg),[citation needed] compared to the 13 billion tons (1.17 × 1010 kg) held by Kuwait, placing it as, potentially, the fourth largest reserve bed in the world. The United States Energy Information Administration contests this, estimating almost no oil and less than 100 billion cubic feet of natural gas exists in fields near the Spratly Islands.  Still, these large potential reserves have assisted in intensifying the territorial claims of the neighbouring countries.

     

    In 1968 and 1970, the Philippines started to take their territorial claims more seriously and stationed troops on three islands which had been claimed by the adventurer Tomas Cloma as part of Freedomland.  In 1973, Vietnamese troops were stationed on five islands

     

    On 11 March 1976, the first major Philippine oil discovery occurred off the coast of Palawan, near the Spratly Islands territory. In 2010, these oil fields supplied 15% of all petroleum consumed in the Philippines. In 1992, the PRC and Vietnam granted oil exploration contracts to US oil companies that covered overlapping areas in the Spratlys. In May 1992,  the China National Offshore Oil Corporation (CNOOC) and Crestone Energy (a US company based in Denver, Colorado) signed a co-operation contract for the joint exploration of the Wan'an Bei-21 block, a 25,155 square kilometres (9,710 sq mi) section of the southwestern South China Sea that includes Spratly Island areas. Part of the Crestone's contract covered Vietnam's blocks 133 and 134, where PetroVietnam, PetroStar Energy (US) and ConocoPhillips Vietnam Exploration & Production, a unit of ConocoPhillips, agreed to evaluate prospects in April 1992. This led to a confrontation between China and Vietnam, with each demanding that the other cancel its contract which lead Hydrocarbons.

     

    The Spratly Islands dispute is an ongoing territorial dispute between China, the Philippines, Taiwan, Malaysia, Vietnam, and Brunei, concerning "ownership" of the Spratly Islands, a group of islands and associated "maritime features" (reefs, banks, and cays etc.) located in the South China Sea. The dispute is characterized by diplomatic stalemate and the employment of military pressure techniques (such as military occupation of disputed territory) in the advancement of national territorial claims. All except Brunei occupy some of the maritime features.

     

    Most of the "maritime features" in this area have at least six names: The "International name", usually in English; the "Chinese name", sometimes different for PRC and ROC (and also in different character-sets); the Philippine, Vietnamese and Malaysian names, and also, there are alternate names (e.g. Spratly Island is also known as Storm Island), and sometimes names with European origins (French, Portuguese, Spanish, British, etc.).

     

    In Philippine territory, the Spratly Islands are important for economic and strategic reasons. The Spratly area holds potentially significant, but largely unexplored, reserves of oil and natural gas, it is a productive area for world fishing, it is one of the busiest areas of commercial shipping traffic, and surrounding countries would get an extended continental shelf if their claims were recognized. In addition to economic incentives, the Spratlys sit astride major maritime trade routes to Northeast Asia, giving them added significance as positions from which to monitor maritime activity in the South China Sea and to potentially base and project military force from. In 2014, China drew increased international attention due to its dredging activities within the Spratlys, amidst speculation it is planning to further develop its military presence in the area.  In 2015 satellite imagery revealed that China was rapidly constructing an airfield on Fiery Cross Reef within the Spratlys whilst continuing its land reclamation activities at other sites. The Philippines claims part of the area as its territory under UNCLOS, an agreement parts of which[6] have been ratified by the countries involved in the Spratly islands dispute. However, China (PRC), Taiwan (ROC), and Vietnam are the only ones to have made claims based on historical sovereignty of the islands.

 

Sources:Youtube,wikipedia, CNN, Reuters, Yahoo,  Navy, 7th Fleet,AP,

April 14th, 2023

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