FONOPs during the Obama administration

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During the administration of President Barack Obama, there were six instances of the United States Navy performing a freedom of navigation operation (FONOP) in the South China Sea (SCS). During the same period the USN also performed multiple other FONOPs in other parts of the world. The SCS operations involved Arleigh-Burke class guided missile destroyers assigned to United States Seventh Fleet. The U.S. FONOP program began in 1979 [1] and the Department of Defense (DoD) keeps public records of FONOPs since 1991 on its website. [2] The Department of State (DoS) provided guidance to the DoD on conducting FONOPs, with a particular focus on the South China Sea and East China Sea, while pushing back on the People's Republic of China and their "excessive territorial claims", specifically with the Spratly Islands, Paracel Islands, and Senkaku Islands. [3]

Contents

Timeline of FONOPs during the Obama administration

Background

Although the South China Sea disputes have brought the most media attention between 2012 and 2017, China has many excessive claims in contrast to international law. China's Disputed Territories.PNG
Although the South China Sea disputes have brought the most media attention between 2012 and 2017, China has many excessive claims in contrast to international law.

The Chinese People's Liberation Army (Navy) had established a significant presence in vicinity of the Paracel (Xisha) Islands through their own FONOPs prior to their confrontation with Vietnam during the Battle of the Paracel Islands in 1974. According to Chinese Law, specifically the 1992 Territorial Sea/Contiguous Zone (1992 TS/CZ) Law, China has full ownership of the Paracel Islands, which has created tension with the Socialist Republic of Vietnam and the Republic of China (Taiwan). [11]

In 1983, President Ronald Reagan declared that the U.S. would not ratify the 1982 Third United Nations Convention on the Law of the Sea (UNCLOS III). China signed and ratified UNCLOS III in 1996. [12] Nevertheless, the U.S. Navy- under the Obama administration- has operated in accordance with UNCLOS III with the use of innocent passage, proper communications, and respect for nations' territorial waters. [13]

Throughout Obama's presidency, the US Navy's Seventh Fleet routinely patrolled the Indo-Asia-Pacific to maintain the freedom of seas USS Ronald Reagan leads a formation of Carrier Strike Group Five and Expeditionary Strike Group Seven Ships. (29761493042).jpg
Throughout Obama's presidency, the US Navy's Seventh Fleet routinely patrolled the Indo-Asia-Pacific to maintain the freedom of seas

United States Pacific Fleet vessels spent a combined total of 700 days in the South China Sea during 2015 alone. [14] This includes vessels assigned to Carrier Strike Group 5, which included the USS George Washington (CVN-73) until the summer of 2015, at which point the USS Ronald Reagan (CVN-76) took its place in the homeport of Yokosuka, Japan after a hull swap in San Diego, CA. [15] [16]

The Hague – International Tribunal's 2016 ruling

On July 12, 2016, the Hague's International Tribunal for the Law of the Sea ruled in the Permanent Court of Arbitration that the People's Republic of China's claims were excessive and violated the Republic of Philippines' sovereignty when they. [17]

The Philippines filed the case on 22 January 2013 [18] with a strong backing from President Benigno Aquino. [19] Although the Obama administration did not overtly back the Philippines in the case, President Obama and Secretary John Kerry did publicly express support for the right of sovereign nations to follow international law and norms and to dispute disagreements in the legal and appropriate forums, although emphasizing that since the US is not a claimant they are a neutral party. [20] China declared that it did not recognize the jurisdiction of the tribunal prior to proceedings, [21] and requested the Philippines to do the same. Meanwhile, the Obama administration continued to urge all nations to follow international law and abide by the ruling for the remainder of Obama's presidency.

Military exercises with SCS island claimants and the United States

Claimants to the South China Sea island disputes include Brunei, China, Indonesia, Malaysia, Philippines, Taiwan and Vietnam. Although the US is neutral in the disputes, the American military participates in training exercises with each claimant. During the 2016 Arbitration ruling, the Chinese Navy's CNS Changdao and divers participated in RIMPAC 16. Exercise CARAT and Balikatan are among several annual exercises involving these same nations.

See also

Related Research Articles

<span class="mw-page-title-main">Paracel Islands</span> Disputed islands in the South China Sea

The Paracel Islands, also known as the Xisha Islands and the Hoàng Sa Archipelago, are a disputed archipelago in the South China Sea under de facto administration by the People's Republic of China since its defeat of South Vietnam in the 1974 Battle of the Paracel Islands.

<span class="mw-page-title-main">Spratly Islands</span> Disputed archipelago in the South China Sea

The Spratly Islands are a disputed archipelago in the South China Sea. Composed of islands, islets, cays, and more than 100 reefs, sometimes grouped in submerged old atolls, the archipelago lies off the coasts of the Philippines, Malaysia, and southern Vietnam. Named after the 19th-century British whaling captain Richard Spratly who sighted Spratly Island in 1843, the islands contain less than 2 km2 of naturally occurring land area, which is spread over an area of more than 425,000 km2 (164,000 sq mi).

<span class="mw-page-title-main">South China Sea Islands</span> Islands in the South China Sea

The South China Sea Islands consist of over 250 islands, atolls, cays, shoals, reefs, and seamounts in the South China Sea. The islands are mostly low and small and have few inhabitants. The islands and surrounding seas are subject to overlapping territorial claims by the countries bordering the South China Sea.

<span class="mw-page-title-main">Macclesfield Bank</span> Underwater atoll in the South China Sea

Macclesfield Bank is an elongated sunken atoll of underwater reefs and shoals in the South China Sea. It lies east of the Paracel Islands, southwest of Pratas Island and north of the Spratly Islands. It is about 130 km (81 mi) long from southwest to northeast, and about 70 km (43 mi) wide at its broadest part. With an ocean area of 6,448 km2 (2,490 sq mi) it is one of the largest atolls in the world. The Macclesfield Bank is part of what China calls the Zhongsha Islands, which includes a number of geographically separate submarine features, and also refers to a county-level administrative division.

USS <i>Benfold</i> US Navy destroyer

USS Benfold (DDG-65) is a Flight I Arleigh Burke-class destroyer in the United States Navy. She is a multi-mission platform capable of anti-aircraft warfare (AAW) with the powerful Aegis Combat System suite and anti-aircraft missiles, anti-submarine warfare (ASW), with towed sonar array, anti-submarine rockets, anti-surface warfare (ASUW) with Harpoon missiles, and strategic land strike using Tomahawk missiles. Benfold was one of the first ships fitted with the Aegis Ballistic Missile Defense System and during the 2010 Stellar Daggers exercise was the first ship to simultaneously engage a ballistic missile and a cruise missile.

USS <i>Lassen</i> (DDG-82) Arleigh Burke-class destroyer

USS Lassen (DDG-82) is an Arleigh Burke-class guided missile destroyer in the United States Navy. She is named for Medal of Honor recipient Commander Clyde Everett Lassen. This ship is the 32nd destroyer of her class. Lassen was the 14th ship of this class to be built by Ingalls Shipbuilding at Pascagoula, Mississippi, and construction began on 24 August 1998. She was launched and christened on 16 October 1999. On 21 April 2001, she was commissioned at the Florida Aquarium Pier in Tampa, Florida.

<span class="mw-page-title-main">Taiping Island</span> Disputed island in the South China Sea

Taiping Island, also known as Itu Aba, and various other names, is the largest of the naturally occurring Spratly Islands in the South China Sea. The island is elliptical in shape being 1.4 kilometres (0.87 mi) in length and 0.4 kilometres (0.25 mi) in width, with an area of 46 hectares. It is located on the northern edge of the Tizard Bank. The runway of the Taiping Island Airport is easily the most prominent feature on the island, running its entire length.

Freedom of navigation (FON) is a principle of law of the sea that ships flying the flag of any sovereign state shall not suffer interference from other states when in international waters, apart from the exceptions provided for in international law. In the realm of international law, it has been defined as “freedom of movement for vessels, freedom to enter ports and to make use of plant and docks, to load and unload goods and to transport goods and passengers". This right is now also codified as Article 87(1)a of the 1982 United Nations Convention on the Law of the Sea.

<span class="mw-page-title-main">Triton Island</span> Island in the South China Sea

Triton Island is the westernmost and southernmost of the Paracel Islands in the South China Sea. It is located on the southwest corner of Triton Reef and has an area of 7 hectares above sea-level. The reef including the island measures about 120 hectares in area. The island is administered by the People's Republic of China, and is also claimed by the Republic of China (Taiwan) and Vietnam.

<span class="mw-page-title-main">Subi Reef</span> Disputed reef in the Spratly Islands

Subi Reef, also known as Đá Xu Bi ; Zamora Reef ; Zhubi Reef, is an atoll in the Spratly Islands of the South China Sea located 26 km (16 mi) southwest of Thitu Island. It is occupied by China, and claimed by the Philippines, Taiwan and Vietnam.

<span class="mw-page-title-main">Spratly Islands dispute</span> Territorial dispute involving multiple countries over the Spratly Islands.

The Spratly Islands dispute is an ongoing territorial dispute among Brunei, China, Malaysia, the Philippines, Taiwan, and Vietnam concerning "ownership" of the Spratly Islands, a group of islands and associated "maritime features" located in the South China Sea. The dispute is characterized by diplomatic stalemate and the employment of military pressure techniques in the advancement of national territorial claims. All except Brunei occupy some of the maritime features.

<span class="mw-page-title-main">Nine-dash line</span> Contested Chinese map of South China Sea

The nine-dash line, also referred to as the eleven-dash line by Taiwan, is a set of line segments on various maps that accompanied the claims of the People's Republic of China and the Republic of China in the South China Sea. The contested area includes the Paracel Islands, the Spratly Islands, the Pratas Island and the Vereker Banks, the Macclesfield Bank, and the Scarborough Shoal. Certain places have undergone land reclamation by the PRC, ROC, and Vietnam. The People's Daily of the PRC uses the term Duànxùxiàn (断续线) or Nánhǎi Duànxùxiàn, while the ROC government uses the term Shíyīduàn xiàn.

Territorial disputes in the South China Sea involve conflicting island and maritime claims in the South China Sea made by Brunei, Indonesia, Malaysia, the Philippines, the People's Republic of China (PRC), Taiwan, and Vietnam. The disputes involve the islands, reefs, banks, and other features of the region, including the Spratly Islands, Paracel Islands, Scarborough Shoal, and various boundaries in the Gulf of Tonkin. The waters near the Indonesian Natuna Islands, which some regard as geographically part of the South China Sea, are disputed as well.

<span class="mw-page-title-main">China–Philippines relations</span> Bilateral relations

Bilateral relations between China and the Philippines had significantly progressed since the 1990s, peaking during the Philippine presidencies of Gloria Macapagal Arroyo and Rodrigo Duterte. However, relations deteriorated due to territorial disputes in the South China Sea, particularly since the 2012 Scarborough Shoal standoff; in 2013, the Philippine government under President Benigno Aquino III in 2013 filed an arbitration case against China over China's maritime claims. The policy of current Philippine president Bongbong Marcos aims for distancing relations between the Philippines and China in favor of the country's relationship with the United States. The current policy of the general secretary of the Chinese Communist Party aims for greater influence over the Philippines, and the region in general, while combating American influence.

<span class="mw-page-title-main">South China Sea Arbitration</span> 2013–2016 international arbitration case

The South China Sea Arbitration was an arbitration case brought by the Republic of the Philippines against the People's Republic of China (PRC) under Annex VII of the United Nations Convention on the Law of the Sea concerning certain issues in the South China Sea, including the nine-dash line introduced by the mainland-based Republic of China since as early as 1947. A tribunal of arbitrators appointed the Permanent Court of Arbitration (PCA) as the registry for the proceedings.

<span class="mw-page-title-main">Sabina Shoal</span> Atoll of Spratly Islands in South China Sea

Sabina Shoal, also known as Bãi Sa Bin ; Escoda Shoal ; Xianbin Jiao, is a disputed low-tide elevation atoll located in the northeast of Dangerous Ground in the Spratly Islands, South China Sea.

<span class="mw-page-title-main">Great Wall of Sand</span> 2013–2016 Chinese land reclamation in the disputed South China Sea

The "Great Wall of Sand" is a name first used in March 2015 by U.S. Admiral Harry Harris, who was commander of the Pacific Fleet, to describe a series of land reclamation projects by the People's Republic of China (PRC) in the Spratly Islands area of the South China Sea between late 2013 to late 2016.

<span class="mw-page-title-main">Timeline of the South China Sea dispute</span>

The article covers events relevant to the ongoing territorial disputes in the South China Sea. Even before the common era, maritime trading networks had already been established in the high seas of the region. Prior to World War II, China, France, and Japan disputed over the Paracel and Spratly Islands. After the war, Brunei, Malaysia, the People's Republic of China, the Philippines, Taiwan, and Vietnam became involved in the conflict.

The exclusive economic zone of the Philippines, per the mandate of the United Nations Convention on the Law of the Sea (UNCLOS), consists of four subzones. It covers 2,263,816 square kilometers (874,064 sq mi) of sea. The Philippines has 7,641 islands comprising the Philippine archipelago. The zone's coordinates are between 116° 40', and 126° 34' E longitude and 4° 40' and 21° 10' N latitude. It is bordered by the Philippine Sea to the east and north, the South China Sea to the west, and the Celebes Sea to the south.

<span class="mw-page-title-main">Exclusive economic zone of Vietnam</span> Economic zone exclusive to Vietnam

Vietnam claims an exclusive economic zone (EEZ) of 1,395,096 km2 (538,650 sq mi) with 200 nautical miles from its shores.

References

  1. ↑ "U.S. Destroyer Passes Near Chinese Artificial Island in South China Sea Freedom of Navigation Operation – USNI News". USNI News. May 10, 2016. Archived from the original on May 19, 2017. Retrieved April 3, 2017.
  2. ↑ "Under Secretary of Defense for Policy > OUSDP Offices > FON". policy.defense.gov. Archived from the original on May 10, 2017. Retrieved April 3, 2017.
  3. ↑ O'Rourke, Ronald (2016). "Maritime Territorial and Exclusive Economic Zone (EEZ) Disputes Involving China: Issues for Congress" (PDF). Congressional Research Service. 7–5700: 92. Archived (PDF) from the original on May 15, 2017. Retrieved April 3, 2017– via fas.org.
  4. ↑ Hilkowski, Ellen. "USS Curtis Wilbur Departs Yokosuka for Routine Patrol". Archived from the original on September 20, 2017. Retrieved April 3, 2017.
  5. ↑ "Obama says will ensure freedom of navigation in South China Sea". Reuters. May 24, 2017. Archived from the original on May 19, 2017. Retrieved April 3, 2017.
  6. ↑ "US launches FoNOPS in the South China Sea: Better late than never? | Lowy Institute". www.lowyinstitute.org. Archived from the original on September 20, 2017. Retrieved April 3, 2017.
  7. ↑ "We should think carefully about an Australian FONOP in the South China Sea | Lowy Institute". www.lowyinstitute.org. Archived from the original on September 20, 2017. Retrieved April 3, 2017.
  8. ↑ "US Navy carries out third FONOP in South China Sea | Lowy Institute". www.lowyinstitute.org. Archived from the original on May 18, 2017. Retrieved April 3, 2017.
  9. ↑ "U.S. Warship Conducts South China Sea Freedom of Navigation Operation – USNI News". USNI News. October 21, 2016. Archived from the original on May 18, 2017. Retrieved April 3, 2017.
  10. ↑ U.S. Department of State, Office of Ocean and Polar Affairs, Bureau of Oceans and International Environmental and Scientific Affairs (December 5, 2014). "China- Maritime Claims in the South China Sea" (PDF). Limits in the Seas. 143: 26. Archived (PDF) from the original on February 20, 2020. Retrieved May 27, 2019– via U.S. Department of State.{{cite journal}}: CS1 maint: multiple names: authors list (link)
  11. ↑ Xue, Guifang. "China and the Law of the Sea: An Update". International Law Studies- International Law and Military Operations. 84: 97–110. Archived from the original on June 27, 2013. Retrieved April 3, 2017– via US Naval War College.
  12. ↑ Kuok, Lynn (2016). "The U.S. FON Program in the South China Sea- A lawful and necessary response to China's strategic ambiguity" (PDF). Brookings- East Asia Policy Center. Paper 9: 1–38. Archived (PDF) from the original on September 5, 2016. Retrieved April 3, 2017– via Brookings.
  13. ↑ Sulmasy, Glenn; Tribolet, Chris (2012). "The United Nations Convention on the Law of the Seas". National Security Law in the News: 1–12.[ permanent dead link ]
  14. ↑ "U.S. Show of Force in the South China Sea". Foreign Policy Blogs. March 8, 2016. Archived from the original on January 29, 2017. Retrieved April 3, 2017.
  15. ↑ Bayas, Paolo. "Hull Swap Begins: George Washington Arrives in San Diego". Archived from the original on May 30, 2017. Retrieved April 3, 2017.
  16. ↑ "Carrier Hull Swap Ends with Return of Last of 'The Three President's Crew' – USNI News". USNI News. January 16, 2016. Archived from the original on September 20, 2017. Retrieved April 3, 2017.
  17. ↑ Perlez, Jane (July 12, 2016). "Tribunal Rejects Beijing's Claims in South China Sea". The New York Times. ISSN   0362-4331. Archived from the original on July 13, 2016. Retrieved April 5, 2017.
  18. ↑ "PCA :: Case view". pcacases.com. Archived from the original on July 11, 2016. Retrieved April 5, 2017.
  19. ↑ "Aquino on arbitration tribunal ruling: It is a victory for all nations". cnn. Archived from the original on July 18, 2016. Retrieved April 5, 2017.
  20. ↑ "Kerry to urge ASEAN to find diplomatic ways to ease South China Sea tensions". Reuters. July 23, 2017. Archived from the original on August 23, 2016. Retrieved April 5, 2017.
  21. ↑ "Philippines asked to 'disregard' tribunal ruling on South China Sea, foreign minister says". BBC News. July 19, 2016. Archived from the original on March 15, 2017. Retrieved April 5, 2017.
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