Despite the entry into force of the 1982 U.N. Law of the Sea Convention on November 16, 1994, several coastal states maintain maritime claims considered excessive when measured against the Convention. Many of these claims are excessive because they impair freedoms of navigation and overflight. Although not yet a party, the United States views the Convention's navigation and overflight provisions as generally confirming existing maritime law and practice and, as such, available for all nations to enjoy. The United States also believes that unchallenged excessive maritime claims may, in time, become valid through acquiescence. Accordingly, it is necessary for maritime nations, such as the United States, to protest excessive coastal claims through diplomatic channels and to exercise their navigation and overflight rights in the disputed regions. The United States has accepted this responsibility by establishing a Freedom of Navigation program. Established in 1979, the Freedom of Navigation program continues as an active tenet of national policy. From October 1, 1993, to September 30, 1994, Freedom of Navigation assertions were conducted by the U.S. military units against the following countries maintaining claims contrary to international law:
| Country | Excessive Claims Challenged |
|---|---|
| Burma * | Prior permission for warship to enter 12 nautical mile (nm) territorial sea |
| Cambodia * | Prior permission for warship to enter 12 nm territorial sea; excessive straight baselines |
| China * | Prior permission for warships to enter 12 nm territorial sea |
| Djibouti * | Excess straight baselines |
| Ecuador * | 200 nm territorial sea |
| Egypt | Prior notification for warship to enter 12 nm territorial sea |
| India * | Prior notification for warship to enter 12 nm territorial sea, historic claim to Gulf of Mannar |
| Maldives * | Prior permission for warship to enter 12 nm territorial sea |
| Mauritania | Excess straight baselines; recognizes only innocent passage, not transit passage, through international straits |
| Peru * | 200 nm territorial sea |
| Philippines | Excessive straight baselines; claims archipelagic waters as internal waters |
| Somalia * | 200 nm territorial sea |
| Sudan * | Prior permission for warship to enter 12 nm territorial sea |
| Sweden | Prior permission for warship to enter 12 nm territorial sea |
| *Denotes that Freedom of Navigation assertion was also conducted in FY 1993. | |
In addition, military craft frequently conducted routine transits on, over, and under international straits, such as the Strait of Gibraltar and Strait of Hormuz, and through archipelagic sea lanes, such as those of Indonesia and the Philippines, in accordance with the 1982 Law of the Sea Convention.
