August 27, 2025
China’s Ministry of Natural Resources unveiled a contentious report on Monday, asserting that the US freedom of navigation operations (FON) in the South China Sea are not supported by international law. Crafted by the China Institute for Marine Affairs, the document bolsters Beijing's longstanding critique of US naval patrols in the region.
According to the report, the US FON program primarily advances America's national interests and its geopolitical strategies, rather than upholding the laws of the sea as claimed. The report accuses the US of manipulating the United Nations Convention on the Law of the Sea (UNCLOS) for its advantage, highlighting that the US has yet to ratify the convention while still exploiting its provisions selectively.
Beijing's document criticizes the US for transforming the FON program from a commercial protection initiative to a tool for military projection. It argues that the program allows the US to enforce its interpretation of maritime laws by force, sidestepping international treaty obligations and thus eroding the global maritime legal framework.
Launched in 1979, the US FON Program involves diplomatic and military actions to counter excessive maritime claims by coastal nations. US naval and air operations, particularly in the South China Sea, aim to assert that no state can unilaterally curtail navigation freedoms that international law guarantees.
The US defends its operations by emphasizing the importance of maintaining open shipping lanes in the South China Sea, a vital corridor for nearly one-third of the world's maritime trade. A notable legal backing for US actions came in 2016, when a tribunal under UNCLOS invalidated China's expansive territorial claims marked by the "nine-dash line." Despite this, China rejected the tribunal's decision and continues to enforce its dominance over the contested waters.
The Chinese Ministry of Foreign Affairs has criticized the US FON operations as disruptive to regional peace and stability. This latest report seeks to substantiate China’s objections in legal terms, concluding that the US actions gravely distort international law's interpretation and development.
This release occurs amidst escalating US naval activities and China's strategic expansion in the South China Sea through artificial islands and military installations, marking the area as a critical hotspot for international law and power dynamics. The ongoing dispute underscores the broader battle over the interpretation and enforcement of maritime laws on the global stage.