UNCLOS and China's claim in the South China Sea

This paper discusses China's claim in the South China Sea in the context of the UN Convention on the Law of the Sea (UNCLOS). The paper acknowledges role of UNCLOS in assisting to provide governance arrangements for the maritime domain in certain circumstances, and notes that China intends to work constructively over the coming decade to help refine it.

However, it argues that China's sovereignty in the South China Sea is not a subject that UNCLOS should be adjudicating because China's claim is based on historic rights which are defined under a regime independent of UNCLOS. Moreover, it contends that the continued insistence of some countries in attempting to use UNCLOS to frame the debate about China's claim in the South China Sea is not only incorrect but is increasing the risk of regional instability.

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