The US, which has not ratified UNCLOS, takes the position that it has the right to sail near or fly over the reclamations of once-submerged features under customary law.
American admirals, the Navy Times reported Thursday, are now hopeful about obtaining permission from the Obama administration for the Fonops, a freedom of navigation exercise or operation. As the paper stated, “Navy officials believe approval of the mission is imminent.â€
Approval was not imminent in late July when Politico reported that the administration was not granting approval. Then, it appeared White House officials wanted to wait until President Obama had an opportunity to talk about China’s island building with his Chinese counterpart, Xi Jinping, during the state visit last month.
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