This article focuses on how international law is argued by the parties to the South China Sea disputes and in what context these legal arguments are presented. To this end, the article analyses three recent issues in the South China Sea: the incident involving the Haiyang Shiyou 981 drilling rig, which operated in a maritime area in dispute between Vietnam and China; the passage of the uss Lassen in the vicinity of Subi Reef, which is occupied by China; and the arbitration between the Philippines and China under the United Nations Convention on the Law of the Sea. The article concludes that looking at what legal arguments are or are not made and in what broader context those arguments are placed can contribute to a better understanding of the role of international law in the South China Sea disputes.
JG Odom, ‘Why US FON Operations in the South China Sea Make Sense’ The Diplomat, 31 October 2015, available at http://thediplomat.com/2015/10/why-us-fon-operations-in-the-south-china-sea-make-sense/.)| false
See J Goldenziel, ‘International Law Is the Real Threat to China’s South China Sea Claims’ The Diplomat 3 November 2015, available at http://thediplomat.com/2015/11/international-law-is-the-real-threat-to-chinas-south-china-sea-claims/; A Aitken, ‘Manila’s Legal Strategy in the South China Sea: Forcing Beijing to Choose between Territorial Ambitions and Reputation’ (2014) Journal of Public and International Affairs pp. 7–24 at pp. 17–222.)| false
See Truong-Minh Vu and Trang Pham, ‘Who Will “Win” in the Philippines’ South China Sea Case against China?’ The Diplomat 28 August 2015, available at http://thediplomat.com/2015/08/who-will-win-in-the-philippines-south-china-sea-case-against-china/; on this issue see also the text at (n 181) below.)| false
See J Ku, ‘Why China Will Ignore the UNCLOS Tribunal Judgment, and (Probably) Get Away with It’ Opinio Juris, 4 November 2015, available at http://opiniojuris.org/2015/11/04/china-faces-its-nicaragua-v-united-states-moment/; see also Aitken (n 177) at pp. 19, 20.)| false