The rule of law and maritime security
Understanding lawfare in the South China Sea
Bibliographic Data
| ID | 5115533 |
|---|---|
| Authors | Douglas Guilfoyle (0000-0002-4505-9554, corresponding author) |
| Year | 2019 |
| Volume | 95 |
| Issue | 5 |
| Pages | 999-1017 |
| Publication date | 2019-09-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Affairs (JOURNAL) |
| Journal identifiers | ISSN: 0020-5850 • E-ISSN: 1468-2346 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/ia/iiz141 |
| OpenAlex | W2965128088 |
| Language | EN |
| Citations received | 25 |
Does the rule of law matter to maritime security? One way into the question is to examine whether states show a discursive commitment that maritime security practices must comply with international law. International law thus provides tools for argument for or against the validity of certain practices. The proposition is thus not only that international law matters to maritime security, but legal argument does too. In this article, these claims will be explored in relation to the South China Sea dispute. The dispute involves Chinese claims to enjoy special rights within the 'nine-dash line' on official maps which appears to lay claim to much of the South China Sea. Within this area sovereignty remains disputed over numerous islands and other maritime features. Many of the claimant states have engaged in island-building activities, although none on the scale of China. Ideas matter in such contests, affecting perceptions of reality and of what is possible. International law provides one such set of ideas. Law may be a useful tool in consolidating gains or defeating a rival's claims. For China, law is a key domain in which it is seeking to consolidate control over the South China Sea. The article places the relevant Chinese legal arguments in the context of China's historic engagement with the law of the sea. It argues that the flaw in China's approach has been to underestimate the extent to which it impinges on other states' national interests in the maritime domain, interests they conceptualize in legal terms
Argument (complex analysis) · China · Chinese law · International law · Law and economics · Law of the sea · Municipal law · Political science · Politics · Sociology · Sovereignty · Coastal Management and Development · International Maritime Law Issues · Law · Maritime Security and History
Lawfare en Ecuador
Lawfare
Shaping the Evolution of International Law in View of its Core Effects
Globalization, deglobalization and the liberal international order
Imagined Weakness
Security in the Asia-Pacific and signaling at sea
Economic Lawfare
Localization and mimetic adoption in norm diffusion
Reorienting approaches to maritime boundary disputes
Maritime sovereignty and territorialisation
China’s Perspective on the International Maritime Order
Maritime politics as discourse in the Indo/Asia-Pacific
Common but differentiated’ motivations? Requests for advisory opinions concerning climate change and the law of the sea
Rethinking UNCLOS dispute mechanisms
Muddying the waters’
China’s dual signalling in maritime disputes
Assessing the maritime ‘rules-based order’ in Antarctica
Europe as a Normative Power in the Indo-Pacific
Norm contestation, statecraft and the South China Sea
The agency of secondary states in order transition in the Indo-Pacific
The European Union and the governance of contested Global Spaces
The current legal regime of the Indonesian outer small islands
Pragmatic ordering
The persistence of partition
Middle Power Norm Entrepreneur
| Unique citing works | 25 |
|---|---|
| Citations per year | 4,17 |
| Citation span | 2020 - 2026 (7) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 22 |