In response to escalating attacks by Houthi rebels in the Red Sea, there have been mounting calls from certain political leaders in the Senate and House to prioritize the protection of U.S.-flagged vessels. However, these calls face a fundamental truth about global trade: it heavily relies on foreign carriers. Recent data from U.S. trade sources reveals that a staggering 97.2% of the country's trade is transported on foreign-flagged vessels, with less than 3% carried by U.S. vessels.

The Iranian-backed Houthi rebels have targeted commercial shipping in the Red Sea, with reports indicating 40 attacks on ships. Over the weekend, the United States and its allies launched strikes against the Houthis, but the rebels retaliated by vowing to continue their attacks until the aggression against Gaza is halted.

Amidst these developments, concerns have been raised in the Senate about the White House's justification for military action without Congressional approval. Recently, four senators, including members of the Senate Foreign Relations Committee, sent a letter to the White House seeking the legal rationale behind President Biden's decision not to prioritize the security of U.S. vessels. They questioned the extent to which the executive branch can exercise its authority in defending non-U.S. ships transiting through the Red Sea.

The majority of vessels transiting through the Red Sea are foreign-flagged, which further complicates the issue. Other countries, including U.S. ally France, have already declared their intention to escort vessels with their national affiliations, adding nationalistic pressures into the mix. International law dictates that commercial vessels must be registered under a specific country's flag, which influences factors such as insurance and tax environment. Consequently, the economic interests of the United States are closely tied to the protection of all ships, regardless of their flag state.

At a hearing in the House of Representatives, Charles "Bud" Darr, the executive vice president of MSC, the world's largest ocean carrier, emphasized the importance of keeping the trade lanes open. Although MSC's fleet does not include U.S.-flagged vessels, Darr highlighted that the company pays U.S. taxes and employs numerous Americans. He underscored that their role as a conduit of world trade is essential to meeting the commerce needs of trading partners.

The concerns raised in the Senate about the White House's military action without Congressional approval reflect a clash between the United States' commitment to freedom of navigation and the current security challenges in the Red Sea. International law recognizes freedom of navigation as the freedom of movement for vessels to enter ports, load and unload goods, and transport goods and passengers. Rear Admiral (Ret.) Mark Montgomery, a senior fellow at the nonpartisan Foundation for Defense of Democracies, stressed that the United States supports the protection of all ships, including foreign vessels, in accordance with the principles of freedom of navigation.

Trade representatives have warned that the security of the Red Sea cannot be separated from the global economy, as the U.S. economy heavily relies on international trade. Recent attacks on American-flagged vessels, such as those of Maersk, have further showcased the vulnerability of shipping in the region. However, considering U.S.-flagged vessels as a viable alternative poses practical challenges, including the decline in merchant ships since World War II and the higher costs associated with building and maintaining U.S.-flagged vessels.

As the situation in the Red Sea continues to unfold and discussions around the prioritization of U.S. vessels persist, lawmakers are grappling with the realities of global trade and the need to ensure the protection of vital shipping routes. Balancing national interests with the principles of freedom of navigation remains a complex challenge that requires careful consideration and strategic decision-making.

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