Originally Posted by
Not_a_boffin
The precedent of complying with UNCLOS then?
The thing about international law is that if you don't "enforce" it (in this case exercise the right of innocent passage), no-one takes any notice of it. Which sets a very dangerous precedent.
And don't forget that the PRC are - in effect - claiming that only they can allow access to the entire South China Sea, which is significantly at odds with UNCLOS as a whole, never mind who owns what piece of the SCS.
How UNCLOS (which the US is not a party to while China is) would be interpreted in the case of the South China Sea is clearly an open issue.
That said, China previously refused to recognize the UNCLOS Arbitration panel set up in response to the Philippine objections to Chinas maritime claims.
Presumably China will continue to bulk up its forces in the region until they can make their claims stick..That might not take too long given their current pace.