On May 10, 2016, the USS William P. Lawrence conducted the United States’ third recent South China Sea freedom of navigation operation (FONOP). Many in Washington had been expecting a FONOP for several weeks, because the last FONOP was over three months ago and a defense official previously committed to conduct two such operations per quarter. Reports suggested that a FONOP was rescheduled last month for unknown reasons, so an operation appeared overdue.

Nevertheless, the FONOP surprised many observers by targeting Fiery Cross Reef. Both of the previous FONOPs were conducted as innocent passages because they were directed against features that are entitled to territorial seas under the United Nations Convention on the Law of the Sea (UNCLOS). The first FONOP was conducted near Subi Reef, which is below water at high tide, but is within twelve nautical miles of a feature that by its proximity provides Subi Reef with a territorial sea. The second FONOP was carried out near Triton Island, which is above water at high-tide and therefore merits its own territorial sea. As a result, U.S. Navy vessels had to transit “innocently” through these features’ territorial seas without maneuvering or conducting military operations.

http://nationalinterest.org/feature/how-america-picks-its-next-move-the-south-china-sea-16153