China’s aggression has gone unchecked

South China Sea, Sep. 30, a Chinese Destroyer aggressively forced the USS Decatur, a U.S. destroyer, to maneuver off course. In accordance with international law, the Decatur engaged in a freedom of navigation operations. The South China Sea is a hotbed of activity because the Chinese have reportedly been highly aggressive with foreign aircraft and ships operating within what China considers its borders.

Charlie Brown, U.S. Pacific Fleet Spokesman stated, “At approximately 0830 local times on September 30, a PRC LUYANG destroyer approached USS DECATUR in an unsafe and unprofessional maneuver in the vicinity of Gaven Reef in the South China Sea.”

Freedom of navigation (FON) is a principle of customary international law. That law is codified in the United Nations Convention on the Law of the Sea.

Article 87 Freedom of the high seas

The high seas are open to all States, similarly coastal or land-locked. Furthermore, by other rules of international law. It comprises, inter alia, both for coastal and land-locked States:

(a) freedom of navigation; (b) freedom of overflight; (c) freedom to lay submarine cables and pipelines, subject to Part VI; (d) freedom to construct artificial islands and other installations permitted under international law, subject to Part VI; (e) freedom of fishing, subject to the conditions laid down in section 2; (f) freedom of scientific research, subject to Parts VI and XIII. 2. These freedoms shall be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas, and also with due regard for the rights under this Convention with respect to activities in the Area. Sources from United Nations

Conflict in the South China Sea is a direct result of China’s man-made island project. Satellite imagery shows seaports, airstrips, hence the militarization on these islands. 30% of the worlds shipping trade passes through the South China Sea. China has used Admiralty law as a means to control, and consequently justify their actions in the sea surrounding these makeshift islands.

In a 2018 annual report from the Department of Defense (DoD) to Congress, the DoD shows concern for China’s military and economic growth as a competitor on the global stage. Although China is not considered to be an enemy, it is certainly an adversary.

China maintains, there are no man-made islands, and that the building is for civilian purposes, as well as defensive facilities.