Whose ‘freedom of navigation’?

Abstract

The so-called freedom of navigation through the Malacca Straits and the South China Sea, some of the world’s busiest trade routes, has long been of concern to scholars and practitioners of international politics in the region. Increasing tensions around territorial disputes recently propelled the issue to the forefront of global foreign and security policy making. Yet, despite the frequent invocation of threats to the ‘freedom of navigation’ for the justification of military measures to protect the ‘liberal rules-based order’, the substance of this rule or norm remains ambiguous and the nature of the threatened order unclear. Located at the confluence of the Indian and Pacific Oceans, Australian discourses represent a suitable case for clarifying both. Starting from the original provisions on navigational regimes in international law, this chapter analyses the meanings that officials, think tank analysts, and academics have been attributing to the freedom of navigation, and contextualizes them in the evolving debate about order. Focusing on political rather than legal discourses, it finds that concerns with the freedom of navigation are largely unrelated to the safety of maritime transport. Instead, they serve as proxy for an increasingly static imagination of international order – written backward in time – to be secured.