China Vs Freedom of Navigation in South China Sea

Freedom of navigation is one of the oldest and most recognized principles in the legal regime governing ocean space.The United Nations Convention on the Law of the Sea (hereinafter “the Convention”) makes ample reference to the freedom of navigation, for example in article 36 (freedom of navigation in straits used for international navigation), article 58 (freedom of navigation in the exclusive economic zone), article 78 and article 87 (high seas). In this context, the right of innocent passage in the territorial sea and through archipelagic waters as specified in articles 17 to 26 and 52 of the Convention should also be mentioned, as well as the freedom of transit passage in straits used for international navigation (article 38 of the Convention). The three freedoms mean the same – freedom of movement of ships. What distinguishes them is the different influence coastal States may exercise on the freedom of movement. Having said all of this, let’s understand