On Wednesday, China will introduce new maritime regulations governing contested areas of the East and South China Seas.
These regulations have no grounding in international maritime law. In turn, the Biden administration should issue guidance that all U.S. flagged vessels readily ignore the new regulations.
As reported in the South China Morning Post, China will require foreign flagged vessels carrying energy or otherwise hazardous materials to provide their “ship’s name, call sign, position and any dangerous goods on board.” Notably, the regulation will also require all submersibles to declare their details, regardless of cargo. As the South China Morning Post notes, that requirement is designed to catch U.S. intelligence drones and vessels under the regulation. The inclusion of submersibles should also be seen as a step toward more confrontational Chinese behavior.
Regardless, the Biden administration should refuse to comply with these directives. Just because China has claimed the near entirety of the South China Sea as its own private swimming pool, those waters are still international waters. China’s claims of sovereignty over these waters are utterly ludicrous. To accept Beijing’s diktat would thus undermine the fundamental principle of international maritime law. It would also reinforce Beijing’s confidence that it can bully transiting vessels and regional powers into submitting to its will.
The U.S. should make clear that all U.S. vessels, whether civilian or military, will continue to travel freely through international waters. Washington should add that any force that attempts to constrain such activity will meet U.S. reprisal.
