The South China Sea Code of Conduct and the Freedom of Navigation: A Proposal in Honor of Ted L. McDorman.

This essay in honor of Ted L. McDorman addresses the possible content of the proposed Code of Conduct for the South China Sea in relation to navigational rights and duties. It proposes that a broad reference to the freedom of navigation is insufficient. Instead, a set of principles articulating existent law consistent with the United Nations Convention on the Law of the Sea could provide greater clarity—and reduce tensions and physical contestations—in the exercise of navigational rights and duties in the territorial sea, as well as in limits and requirements concerning the freedom of navigation in the exclusive economic zone. [ABSTRACT FROM AUTHOR]