The U.S. Navy’s Freedom of Navigation Operations (FONOP) in East Asia are often sold as a way to challenge China’s aggression at sea and reinforce norms. But in reality, they endanger U.S. lives and national assets in a game of brinksmanship that promises little meaningful benefit. When Chinese ships challenge these operations, the nature of close-quarter maneuvers and shipboard command and controls can increase the risk of accidents and escalation. It’s time to take a hard look at FONOPS—and see if better means aren’t available.
Under the United Nations Convention on the Law of the Sea (UNCLOS)—which the United States has not ratified but respects as customary international law—states may claim a territorial sea of 12 nautical miles and an “exclusive economic zone” of 200 nautical miles from their shorelines. These zones permit the exercise of rights ranging from law enforcement to natural resource extraction.
