The legal basis for Chinese vessels navigating in the South China Sea

Abstract

The South China Sea is widely recognised as one of the most complex regions in the world, owing to territorial sovereignty and maritime delimitation disputes among different coastal States, as well as the involvement of States outside the region. In order to effectively protecting the security of their sovereignty and maritime entitlements, regional States have enacted a series of restrictive regulations on vessel navigation at the domestic level. Some of these domestic laws fall directly within the scope authorised by the United Nations Convention on the Law of the Sea, IMO conventions, and other general international laws. However, there are also instances where certain practices lack support from existing international legal norms. Additionally, the extensive presence of disputed waters in the South China Sea introduces significant uncertainty regarding the effectiveness of national laws in this region. This paper aims to clarify the legal regimes related to navigation rights at both the aspects of international law and regional States’ domestic law. The goal is to examine whether the navigation restrictions imposed by South China Sea regional States on vessels have binding force on Chinese vessels. Based on this analysis, recommendations are provided to help Chinese vessels exercise navigation rights more effectively in the South China Sea and to promote regional cooperation by safeguarding such rights.