• Liu Xiaoming is China’s ambassador to the UK
Amid recent hype about “freedom of navigation” in the South China Sea, the US, an outspoken opponent of China’s “militarisation” has been flexing its own military muscle by sending naval vessels and aircraft carriers to the region. Four questions need to be answered to clarify the real situation.
First, what is freedom of navigation? According to international law, ships navigating in the territorial waters of countries other than their own must meet the “innocent passage” requirements of the United Nations Convention on the Law of the Sea (UNCLOS). That means not using force or threatening the use of force, and not engaging in military exercises or intelligence gathering. Although naval ships are not subject to UNCLOS provisions of innocent passage, they are required by many countries to obtain prior permission or provide advance notice to enter foreign territorial waters. Such is the provision of China’s Law on the Territorial Sea and the Contiguous Zone.
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