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- Title
POWER SHIFT, THE SOUTH CHINA SEA DISPUTE, AND THE ROLE OF INTERNATIONAL LAW.
- Authors
Youngmin Seo
- Abstract
The arena of the law of the sea has become a battlefield for Sino-American legal warfare, commonly referred to as “lawfare,” and it is in the tumultuous waters of the South China Sea where this fierce contest of great powers rages. The divergent perspectives on international law, particularly regarding maritime law, between China and the United States stem from the countries’ distinct historical experiences, memories, and outlooks. This inherent disparity in epistemology shapes their comprehension of the fundamental tenets of the United Nations Convention on the Law of the Sea (“UNCLOS”), specifically the conflicting notions of mare clausum and mare liberum. Consequently, the universality of the law of the sea becomes compromised, tending towards a less comprehensive international frame-work. This article contends that any legal resolution to the South China Sea dispute must be scrutinized through the lens of balance-of-power considerations. It further proposes practical recommendations to enhance the clarity and efficacy of some of the UNCLOS institutions in response to the pressing demands of our time.
- Subjects
CHINA; UNITED States; LAW of the sea; INTERNATIONAL law; MARITIME law; UNITED Nations Convention on the Law of the Sea (1982)
- Publication
Michigan Journal of International Law, 2024, Vol 45, Issue 1, p93
- ISSN
1052-2867
- Publication type
Article
- DOI
10.36642/mjil.45.1.power