International Affairs: Issues Around FONOPs
It has been reported that the U.S. Department of Defence is likely to come up with a schedule of regular freedom of navigation operations (FONOPs) under the authority of U.S. Pacific Command in the South China Sea.
What is freedom of navigation operations (FONOPs)?
The US Navy regularly carries out FONOPs in the South China Sea to challenge excessive maritime claims of China in the South China Sea. US Navy’s modern FONOP had its beginning in 1983. The US claims that the FONOPs are a legal signalling tool and does not specifically signal only to China. In fact, it has challenged the excessive maritime claims of other South China Sea claimants such as its ally Philippines, Vietnam and Taiwan. But the FONOPs conducted to challenge China often gets much attention throughout the world. The FONOPs are basically conducted to test China’s conception of the maritime space near its artificial islands.
Under the Trump’s administration, the US has conducted three FONOPs this year in the South China Sea. The three FONOPs were carried out in May, July, and August. The U.S. Navy’s May FONOP which took place near Mischief Reef comes after a break of 214 days.
Criticisms
Criticizers of FONOPs argue that the irregularity of the operations have led them to acquire outsized importance not only with respect to U.S.-China relations, but also with respect to the U.S. Navy’s presence in the South China Sea. Critics argue that the irregularity has made these operations subservient to political and diplomatic interests, undermining its legal signalling utility.
Under Obama administration four FONOPs were carried out near Chinese possessions between October 2015 and October 2016. But these operations were not carried with regularity. Even under the Trump’s administration it is argued that there was a delay in FONOPs so as to avoid tensions ahead of the Shangri-La Dialogue.
What are the reactions of China FONOPs?
China has always strongly protested to the US FONOPs in the South China Sea. China accuses that the US is trying to militarize the South China Sea by carrying out FONOPs. China has similarly protested when the US has tested the airspace around its artificial islands by flying its surveillance aircraft, bombers and fighter jets.
The South China Sea is part of Pacific Ocean with eight littoral countries / territories viz. China, Taiwan, Philippines, Malaysia, Indonesia, Brunei, Singapore and Vietnam. China has been aggressively claiming the entire South China Sea as its own. It claims almost the entire SCS on historical grounds. The other countries that claim the various territories in the South China Sea are Taiwan, Indonesia, Vietnam, Philippines, Thailand, Malaysia, Singapore and Brunei.
China does not want any third party mediation and supports bilateral talks to resolve the dispute rather than multilateral discussions among the stakeholders. In fact, in last year, when the Permanent Court of Arbitration in the Hague had ruled out China’s claim in the area as invalid citing international laws such as the United Nations Convention on the Law of the Sea (UNCLOS), China had rejected that verdict.
Comment
It is doubtful whether the regularized FONOPs would succeed in changing the situation in the South China Sea. Though the allies and partners of the US in the region would welcome regularity in FONOPS, they are unlikely to change the aggressive behaviour of China. It may not even act as a deterrent to Chinese ambitions in the area. Also, other issues with China like trade and North Korea have placed China in a better position to have a say in the FONOPs. Only time will tell whether the FONOPs will be able to serve the interests of the U.S. and uphold international law in the South China Sea.
