Law on the rocks: international law and China’s maritime disputes
Nakata, Jason S.
Clunan, Anne L.
MetadataShow full item record
Maritime disputes in the Western Pacific have increased tensions among East Asian states. This thesis uses three case studies to investigate two questions: first, whether China’s maritime claims and behavior align with international legal principles governing maritime disputes, and second, which IR framework best describes China’s behavior related to its maritime disputes. The first case study examined ten legal rulings on maritime sovereignty and concludes that courts view effective control as a determinative factor in settling maritime disputes. The second case study examined effective control in three of China’s maritime disputes. The analysis revealed Japan’s claim to the Senkaku Islands and China’s claim to the Paracel Islands are strong due to continued demonstrations of effective control. However, the Philippine claim to the Scarborough Shoal using effective control is valid but weak. The final case study showed how China attempts to effective control on its maritime claims using legal warfare. Based on the analysis of Chinese legal warfare, evidence shows two IR frameworks best describe China’s behavior related to its maritime claims. Legal warfare provides a façade for offensive realist behavior; whereas the English School of realism expects China to use legal warfare to conform to some norms while revising other norms.
Approved for public release; distribution is unlimited
Showing items related by title, author, creator and subject.
Halliden, Brian John (Monterey, California. Naval Postgraduate School, 2014-05);In recent years, the South China Sea has featured prominently in news headlines concerning territorial disputes and claims to maritime resources involving China, the Philippines and Vietnam. One of the most contentious ...
Sailing the calm and rough seas: the influence of wealth and sovereignty in Southeast Asian maritime disputes Ciptadi, Andromeda Windra (Monterey, California: Naval Postgraduate School, 2016-03);Under what conditions do the Association of Southeast Asian Nations members use peaceful means to resolve their maritime disputes? Why do they resort to military action in some cases, and compromise peacefully in others? ...
Chasse, Gregory Allen (Monterey, California: Naval Postgraduate School, 2013-12);The rapid growth and modernization of Chinas economic, political, and military strength over the past two decades has inspired growing acrimony and concern in the United States. Washington strongly desires the continued ...