The New Iconoclasts

On March 7, the USNS Impeccable, a U.S. navy vessel, was operating about 75 miles off the coast of Hainan in the East China Sea (in international waters). Reports indicate that the Ocean Surveillance Ship was approached by five Chinese boats, one of which came within 25 feet of the USNS Impeccable. Despite several warnings by the U.S. naval vessel, the Chinese ships persisted in their hostile maneuvers.    

This recent maritime confrontation between China and the United States has left the two countries at odds. The Pentagon has sent a “formal” complaint to Beijing saying that the vessel was in international waters and was operating within international law. China, however, claims that the U.S. “broke international law” and entered Chinese territory without permission.

In the past week, other U.S. vessels have been subject to similarly aggressive treatment by the Chinese navy. The Pentagon reported nearly six separate incidents in the past few days in which U.S. ships were subject to fly-bys and other forms of hostile behavior. Despite this treatment, a spokesperson for the White House indicated that the U.S. would continue to operate in international waters, and […] expect the Chinese to observe international law around that.”

According to a 2007 Department of Defense report to Congress on China’s military power, hoping China will observe international law is increasingly idealistic. The report states that China is interpreting international law to promote its own interests. Chinese scholars continue to publish slanted reports aimed at justifying their country’s incorrect interpretation of international law. However, many in the United States argue that China is misreading the law of the sea in an attempt to exert authority over international waters.

If the report continues to prove accurate, the United States will face challenges in ensuring navigational freedom for vessels in the waters surrounding China (a country which according to Robert Kaplan is attempting to increase their naval footprint over the next several years). Further, the U.S. will have to ensure that China not be allowed to warp international norms, including the laws of the sea, for its own means.