Implicit Recognition

We've noted the Chinese annexation activities in the South and East China Seas and strongly suggested that the US do something about it before it becomes a fait accompli.  Well, of all the possible options, the US opted for arguably the worst one.

As reported by USNI News website, a Navy destroyer made an Innocent Passage near Subi Reef (1).  As a reminder, Innocent Passage is a formal procedure which allows a foreign country to pass through the territorial waters of another country in a prescribed, non-threatening manner.  Thus, the Innocent Passage procedure is, at the very least, implicit, if not explicit, recognition of the other country’s territorial rights and claims.  Therefore, the Navy’s Innocent Passage near Subi Reef was implicit, if not explicit, recognition of China’s ownership and territorial rights to the reef.

Alternatively, the Navy could have done nothing which would have continued the status quo and preserved the US’ position that China does not own the artificial islands. 

Or, the Navy could have conducted a passage that did not conform with the Innocent Passage procedure thereby explicitly denying China’s claims.  This would have required nothing more than operating a radar, pointing a gun, performing some other extremely mildly threatening act, or simply stopping for a period of time.

Not only did we just acknowledge China’s claims thereby cutting the legs out from under our allies who also claim the features, but we set a precedent that China can now use against us in future actions.  In the court of public opinion, how can the US take any aggressive action in the future after having acknowledged China’s claims, without looking like the aggressor?  We just severely limited our options.

China started the process of illegal annexation of the area and we just backed their play.  You’ve got to hand it to the Chinese.  They’re playing hardball and we’re just fumbling around.

(1)USNI, “U.S. Destroyer Made an ‘Innocent Passage’ Near Chinese South China SeaArtificial Island in Recent Mission”, Sam LaGrone, November 2, 2015,

http://news.usni.org/2015/11/02/u-s-destroyer-made-an-innocent-passage-near-chinese-south-chia-sea-artificial-island-in-recent-mission

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