On April 13, Prof. Jin Yongming, researcher of Institute of law, Shanghai Academy of Social Sciences, Specialized Committee in law of China Association of Marine Affairs and Marine Strategy Research Center of Academy of Ocean of China, visited our institute and gave a lecture entitled "International Law Analysis on Freedom and Safety of Navigation in the South China Sea". The lecture was chaired by Prof. Yu Minyou, president of Wuhan University China Institute of Boundary and Ocean Studies (CIBOS), teachers and students of the CIBOS and the Institute for International Issues participated in this lecture.

Prof. Jin Yongming focused on the following key issues: the actions of the United States warships entering arbitrarily in the South China Sea and the attitude of China on it, the legal status of freedom of navigation of the United States’ warships, analysis on the structure and function of the United Nations Convention on the law of the sea (UNCOLS), and specific methods to maintain freedom of navigation and safety of the South China Sea navigation, ect. Prof. Jin pointed out that generally speaking, freedom of navigation in the South China Sea is safe, but there are also some security risks. In particular, since Philippines unilaterally initiated the South China Sea arbitration case on January 22, 2013, the American warships has entered the territorial sea of China's Paracel Islands and the surrounding waters of the Spratly Islands for many times, implementing the so-called freedom of navigation, which challenging China's maritime claims, and seriously threatening the sovereignty and security of the islands in South China Sea. The Chinese government (Ministry of Foreign Affairs and the Ministry of National Defense) has issued a number of special talks and used Chinese warships to identify, given warnings and asked the United States to stop such provocations. 

（Prof. Jin Yongming）

Analyzing U.S. freedom of navigation from international law’s aspect, Prof. Jin considered the rights and elements of the innocent passage under UNCLOS, the "prior approval or permission" should be obeyed when the foreign warship is innocent in the territorial sea of our country, besides coastal state can provide the conditions for use of the territorial sea to manage these ships. China has indisputable sovereignty over the South China Sea Islands. The freedom of navigation utilized by the United States in the vicinity of the Nansha islands has infringed the potential maritime jurisdiction of China, such behavior violated the relevant maritime rights and interests of our country, caused adverse effects and negative consequences for regional peace: for instance, it seriously damaged the sovereignty of the South China Sea islands and the safety of jurisdiction over the sea; challenged the legality of the relevant laws and regulations of our country; broke the will of consensus between China and the ASEAN countries, China and the Philippines, which will bring negative influence and unpredictability to the settlement of the South China Sea and bring adverse effects on the Sino - US relations.

In this regard, Prof. King proposed that China should take the following four actions to maintain South China Sea’s freedom of navigation and security: First, it should eliminate the negative impacts on the final awards of the arbitration case in the South China Sea, especially the legal side effect . Second, making use of the existing dialogue channels between China and the United States to strengthen communication and coordination with the United States. Third, clarify China’s legal system in the South China Sea. Fourth, create International Law Forum on freedom of navigation between China and the United States. Finally, Prof. Jin emphasized the possibility and necessity of strengthening maritime security cooperation between China and the United States, and answered the questions of teachers and students attended the lecture.

(Rewritten by Chen Panpan)

(Edited by Fu Shanshan)