| As countries around the world pay more and more attention to maritime interests,freedom of navigation has also been paid attention to by the international community.In order to safeguard its own interests and its maritime supremacy,the United States has continued to carry out "freedom of navigation operations" worldwide since the Carter administration.It can be seen from the activities of the United States in recent years that my country and the South China Sea are the targets of operations.It has become the trend in the implementation of the US "Freedom of Navigation Operation".Such actions by the United States not only threaten the national sovereignty and territorial security of relevant coastal countries,but also have a negative impact on my country’s military security,national image,and diplomatic relations.In this context,the legal basis of the US "freedom of navigation operation" is discussed,the legal basis for legitimate freedom of navigation is clarified,and the restrictions on freedom of navigation under the current development of international and international law are clarified.Analyzing and exploring the legality of the "freedom of navigation" carried out by the United States through military forces is of great significance: from a legal basis,the innocent passage system,transit passage system,and archipelagic seaway passage system stipulated by the United Nations Convention on the Law of the Sea As well as the system of freedom of navigation and overflight on the high seas,all provide a basis for legitimate freedom of navigation,but it should also be clear that the jurisdiction of coastal states,universal jurisdiction on the high seas,the jurisdiction of flag states,and maritime safety also raise questions about freedom of navigation.Restrictions.The "Freedom of Navigation Operations" carried out by the United States not only violated or surpassed the relevant provisions of the United Nations Convention on the Law of the Sea,but the actions it proposed were mainly based on the "Excessive Ocean Proposition" and lacked theoretical foundations and general consensus.This can be seen from this.It came out that although the United States carried out the "Freedom of Navigation Operation" with the ideal of maintaining international order,on a realistic level,the operation has become a strategic tool for the United States to consolidate its global hegemony in the context of the new era.Therefore,in face of the US’s“Freedom of Navigation”,China should prepare for it and adopt relevant strategies.First,in the face of the expansion of the US’s right to speak on the issue of freedom of navigation,China should actively coordinate the issue of “navigation” between the two countries."Freedom",and effective ways to fight for the right to speak on this issue;secondly,China should strengthen domestic legislation in related fields to provide more domestic legal basis for regulating "freedom of navigation",and at the same time strengthen law enforcement in relevant sea areas.Enhance China’s maritime defense capabilities;enhance military power,especially maritime military power,and strengthen maritime strategic research will also lay the foundation for responding to the US’s "Freedom of Navigation Operations";further enhance China’s diplomatic relations with neighboring countries,and accelerate the establishment of relations with other countries.The country’s mutual trust mechanism also helps cope with the United States’ joint maritime patrols in relevant waters of China. |
