15 October 2015

Editorial: South China Sea - What 12 Nautical Miles Does and Doesn’t Mean

By Graham Webster

What the United States actually hope to accomplish by sailing within 12 nm of Chinese claims in the South China Sea?

The U.S. Navy is reportedly preparing to conduct “freedom of navigation” (FON) operations, sending one or more surface ships within 12 nautical miles (nm) of Chinese-claimed features in the South China Sea. The administration has been pressured to go ahead with this demonstration of U.S. views on conduct at sea, but the terms of the public debate have failed to match the legal and political implications.

Though details are scarce, unnamed U.S. and Asian officials told The New York Times U.S. allies were being briefed on the plans, which reportedly involve traveling near one or more of China’s recently constructed or expanded outposts. Daniel Kritenbrink, the new senior director for Asian affairs at the U.S. National Security Council, reportedly told a closed-door meeting the decision to go ahead was already made.

Over the past several months, a media narrative had emerged that pitted the Department of Defense against the White House and the State Department, with the military pushing for FON operations within 12 nm and the civilians more cautious.

Senator John McCain summarized the increasingly heated rhetoric in favor of the demonstration neatly: “We continue to restrict our Navy from operating within a 12 nautical mile zone of China’s reclaimed islands, a dangerous mistake that grants de facto recognition of China’s man-made sovereignty claims.” Colin Clark of Breaking Defense echoed McCain in what became something of a mantra among those favoring a stronger stance against Chinese construction in the Spratly Islands: “I understand that we have granted China de facto recognition of the temporary structures so far by ordering our maritime and air forces to observe a 12 nautical mile limit.”

These statements and many others implied that, by not sailing military vessels within 12 nm of Chinese outposts, the United States recognizes either Chinese sovereignty over the maritime features or recognizes a Chinese territorial sea surrounding them. Both of those implications are arguable at best, and more likely false.

Read the full story at The Diplomat