Foreign Policy Research Institute A Nation Must Think Before it Acts Troubled Waters: China’s Claims and the South China Sea

Troubled Waters: China’s Claims and the South China Sea

Abstract

Among China’s unresolved frontier questions, the South China Sea has become the most complex and troubled, and arguably the most significant and disconcerting. The economic and security stakes are high and the stake-holding states numerous and diverse. The claims that China (and others) make about the region reflect such interests but they are, ultimately, legal claims. Beijing’s assertions of rights to the disputed areas have rested on three conceptually distinct grounds. Each presents a different mix of challenge and accommodation to international legal norms and the interests of other states, including China’s neighbors, near-neighbors and the United States.

While China’s behavior (as well as that of other interested states) has been more and less assertive at various times, China’s three basic arguments claiming rights to the region have been comparatively stable. Both China’s pattern of multiple legal arguments and fluctuating actions and rhetoric do little to resolve the debate over whether a rising China will be deeply disruptive of the regional and international order or whether it can—with sufficient skill and tolerable adjustments—be accommodated and integrated. Although China’s stance on rights in the South China Sea may be partly the accidental product of conflicting agendas and shifting assessments, Beijing’s embrace of three distinct lines of legal argument arguably constitutes a strategy that serves China’s interests given the factual, legal and strategic environment that China faces.

Read the full article here.

The Foreign Policy Research Institute, founded in 1955, is a non-partisan, non-profit 501(c)(3) organization devoted to bringing the insights of scholarship to bear on the development of policies that advance U.S. national interests. In the tradition of our founder, Ambassador Robert Strausz-Hupé, Philadelphia-based FPRI embraces history and geography to illuminate foreign policy challenges facing the United States. more about FPRI »

Foreign Policy Research Institute · 1528 Walnut St., Ste. 610 · Philadelphia, PA 19102 · Tel: 1.215.732.3774 · Fax: 1.215.732.4401 · www.fpri.org
Copyright © 2000–2018. All Rights Reserved.