How the U.S. FON Program Is Lawful and Legitimate

The U.S. Freedom of Navigation (FON) Program has recently drawn significant attention in the United States and abroad. An argument could be made that the program has received more attention in 2015 than in its preceding 35 years combined. This recent focus arose as the world witnessed China engage in reclamation (enhancement of naturally-formed areas […]

How Will China Respond to Future U.S. Freedom of Navigation Operations?

On October 27, the USS Lassen carried out the first freedom of navigation (FON) patrol to challenge China’s territorial claims over the 12-nautical-mile region surrounding its artificial islands in the South China Sea. Chinese authorities responded angrily but cautiously, publicly condemning the act and sending two naval ships to trail the Lassen, but stopping short […]

The U.S. Asserts Freedom of Navigation in the South China Sea

After months of internal debate within the Obama administration, the guided missile destroyer USS Lassentransited within 12 nautical miles of Subi Reef, one of China’s artificially-built features in the South China Sea, on October 27 in what is termed a “freedom of navigation” (FON) operation. It was accompanied by two maritime surveillance aircraft, a P-8A […]

The Other Gulf of Tonkin Incident: China’s Forgotten Maritime Compromise

China has nine maritime neighbors (including Taiwan) but no settled maritime boundaries, due in part to China’s unwillingness to specify its maritime claims. Only one partial exception to this imprecision exists: a boundary agreement with Vietnam to delimit the northern part of the Gulf of Tonkin and a fishery agreement establishing a joint fishing regime […]

The Japan-Taiwan Fishery Agreement: Strategic Success, Tactical Failure?

Japan and Taiwan concluded a civil fishery agreement in April 2013. It took 17 years to conclude the agreement with occasional interruption of the negotiations. The agreement covers the waters south of 27 degrees north latitude and north of the Yaeyama Islands, excluding the territorial seas around the disputed Senkaku (Diaoyutai) Islands, over which both […]

The Bangladesh/Myanmar Maritime Dispute: Lessons for Peaceful Resolution

The March 2012 decision of the International Tribunal for the Law of the Sea (ITLOS) in the long-standing Bangladesh/Myanmar maritime border dispute opened up new possibilities for peaceful resolution of such disputes in Asia. While the judgment itself broke important—if technical—legal ground, the two parties’ incentives for entering into litigation in the first place offer […]