Global Commons and the Law of the Sea: China’s Lawfare Strategy in the South China Sea

Abstract

Abstract The portions of the South China Sea which fall outside the jurisdiction of any coastal state, are some of the world’s most important global maritime commons. Disputes over the maritime features and their surrounding waters of the South China Sea therefore threaten the governance of this global commons, both from a preservation and security perspective. This contribution analyses China’s lawfare strategy in the South China Sea by deconstructing its legal discourse on the matter. It will to that end scrutinize elements of China’s official and academic rhetoric, domestic legislation and operational conduct related to the South China Sea. The contribution will lay some groundwork for an enhanced engagement with China in the battle of the arguments on the South China Sea. In the same vein, it ultimately calls for further deepening our knowledge on China’s interpretation of the law of the sea and an increased interaction thereon in order to be better equipped to face China’s incremental geopolitical and discourse power and their influence on the future development of the legal global governance structure of the oceans.