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1 results

  • China’s South China Sea Claims as “Unprecedented”: Sceptical Remarks

  • STEVE LORTEAU
  • Journal:
    Canadian Yearbook of International Law / Annuaire canadien de droit international / Volume 55 / October 2018
    Published online by Cambridge University Press:
    20 June 2018, pp. 72-112
    Print publication:
    October 2018

  • A solely legalistic analysis of China’s South China Sea claims has given way to speculation regarding their exact nature. Scholars and the tribunal in Philippines v China have collectively described China’s position as “ambiguous” and “vague.” For others, China’s regulatory framework sets dangerous new precedents in the areas of effective occupation, historic rights, and exclusive economic zones. This article seeks to nuance these assessments. Contextualizing China’s framework within a broader geopolitical project reveals a China exploiting historic legal precedents in a manner reminiscent of imperial America. This should cast doubt on those too quick to see China as a rule-breaking new power eager to upset international norms. Rather, China’s “Caribbean” is a microcosm for a new great power coming into its own following an existing model.