Abstract

The freedom of navigation in the South China Sea has drawn an extensive international concern in recent years. The main reasons leading to skepticism are the disputes in the South China Sea over islands sovereignty and maritime delimitation, extra-regional state’s intervention, and some ASEAN member states’ wish to countervail China with the help of extra-regional states. In fact there is no problem at all with the freedom of navigation in the South China Sea: on one hand, there are legal regimes to ensure all states’ freedom of navigation in different seas according to United Nations Convention on the Law of the Sea; on the other hand, no state impedes the freedom of navigation in the South China Sea. Currently, factors actually affecting the safety of navigation in the South China Sea include piracy, maritime ter- rorism and so on. Relevant states must take confidence-building measures as well as regional and bilateral cooperation so as to promote the safety of navigation in the region

Highlights

  • Some states in different situations raised the freedom of navigation in the South China Sea as a problem, which drew an extensive international concern

  • The skepticism of the freedom of navigation in the South China Sea in recent years is due to the following reasons: 2.1

  • With the joint maritime patrol by Malaysia, Singapore and Indonesia in combating against piracy in Malacca Strait, the main battlefield for anti-piracy has moved to the South China Sea, especially the waters surrounded by Hong Kong, Luzon Island and Hainan Island [24]

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Summary

Introduction

Some states in different situations raised the freedom of navigation in the South China Sea as a problem, which drew an extensive international concern. The disputes over island sovereignty are mainly concentrated in the Nansha Islands (the Spratly Islands), involving seven parties, including China, the Philippines, Vietnam, Malaysia, Indonesia, Brunei and China’s Taiwan province; as to maritime delimitation, the exclusive economic zone (EEZ) and continental. In the southern South China Sea, China’s U-Shape Line is overlapping with the EEZ claimed by the Philippines, Vietnam, Malaysia, and Brunei, and overlapping with Indonesia’s claims to the EEZ and continental shelf in the northeast of Natuna Islands. The escalating disputes increase the risk of more contradictions and conflicts, threatening the safety of maritime navigation [8]

Extra-Regional State’s Interventions
United Nations Convention on the Law of the Sea3
No State Impedes the Freedom of Navigation in the South China Sea
The Freedom of Navigation in the South China Sea is Not an Absolute Right
Factors Actually Affecting the Safety of Navigation in the South China Sea
Terrorist Activities
Activities of Foreign Armed Ships
Some Suggestions
The Confidence-Building Measures
The Bilateral and Regional Cooperation
Full Text
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