China's aggressive claims have no basis in customary international law or UNCLOS

The United States and China, on the other hand, do not share a common interest in freedom of navigation and overflight. On the contrary, the PRC's views on the legality of military activities in the EEZ are diametrically opposed to the views of the United States. China argues that military activities in their EEZ, such as U.S. Sensitive Reconnaissance Operations (SRO) and other SMS operations, are hostile acts and therefore violate the "peaceful purposes" provisions of UNCLOS Articles 88, 141 and 301. Beijing additionally argues that such operations impair state security interests and damage China's sovereign rights and jurisdiction in the EEZ. Accordingly, China insists that it has a right to impose restrictions on military activities in the EEZ, including prohibiting surveillance and reconnaissance operations as well as other military marine data collection activities. China's claims have no basis in customary international law or UNCLOS and are not supported by state practice.42