The Paradox Of International Law Of The United States In The Freedom Of Navigation In The South China Sea

Since the freedom of navigation began in the 17 th century,after several hundred years of development,it has become one of the important principles of the law of the sea recognized by various countries.The "United Nations Convention on the Law of the Sea"(hereinafter referred to as "the Convention on the Law of the Sea")was formally introduced in 1982 and provided basic guidelines for maritime operations in various countries.However,not all countries have joined the Convention on the Law of the Sea.At present,there are still some countries that espouse the norms of the law of the sea that differ from the vast majority of countries.This is the main reason for the creation of maritime conflicts among nations.In addition,although the UNCLOS clearly stipulates the basic content of freedom of navigation,the boundary provisions of the principle are rather vague,and there are still issues such as the unclear freedom of navigation of warships.Countries based on their own national interests have conducted different interpretations of UNCLOS,leading to conflicts in practice.Therefore,clarifying the extension of navigation freedom and the scope of application is the basic premise for studying the principle of freedom of navigation.After clarifying the basic concepts,this paper discusses the public opinion issue of the action in international law by analyzing the actual cases of the United States' freedom of navigation in the South China Sea,and puts forward corresponding countermeasures and recommendations in the final part.This article is divided into five chapters.The first chapter mainly discusses the basic theory of freedom of navigation,including the historical process of freedom of navigation,the specific applicable waters and objects,the meaning of freedom in freedom of navigation,and the freedom of navigation and innocent passage through theory.the difference.The second chapter begins with the geographical location of the South China Sea,through the analysis of the actual cases of the freedom of navigation in the South China Sea,describes the current status of the United States in the freedom of navigation in the South China Sea,and discusses the purpose of the action and the domestic theory.The third chapter analyzes the views of China and the United States on the freedom of navigation in the South China Sea and clearly points out the differences between China and the United States in the freedom of navigation in the South China Sea.The fourth chapter mainly analyzes the differences between the two countries,including the breadth of the territorial sea and the freedom of navigation of warships in the exclusive economic zone.Chapter V proposes countermeasures to alleviate the problem of freedom of navigation in the South China Sea,safeguard China's national sovereignty,actively promote the improvement of international law,the construction of domestic laws,strengthen the deployment of military forces,and strengthen regional cooperation with neighboring countries and regions.