The South China Sea Disputes

Abstract

This chapter provides an overview of the territorial claims made by China, the Philippines, and Vietnam. It focuses on the historical trajectory of the competing claims, their legal basis, and their congruence with the United Nations Convention on the Law of the Sea (UNCLOS). Additionally, the chapter addresses the legal challenge presented by the Philippines against China at the Permanent Court of Arbitration (PCA), the results of the arbitration, and the response by the affected parties. It concludes that despite China’s inconsistent application of UNCLOS in the South China Sea, confirmed by the PCA ruling, Beijing has not changed its approach to the disputes, thus heightening tensions in the region. The first is that China’s claims in the SCS and its increasing assertiveness toward the disputes have played a key role in the growing tensions in the region. The second is that the Philippines and Vietnam, as the most geographically proximate claimants to China, have borne the brunt of China’s assertive policies in recent years. As a result, the Philippines and Vietnam have been at the vanguard of contesting China’s claims and internationalizing the disputes in order to hedge against China.