China’s lawfare strategy in the SCS aims to enforce its invalidated claims, whereas recent legal actions by Southeast Asian claimant states seek to clarify claims and incentivise dispute settlement based on the United Nations Convention on the Law of the Sea (UNCLOS).Analyses of the South China Sea (SCS) disputes often use the term “lawfare” to describe the greatly diverging activities of China, the Philippines, Malaysia, Vietnam, and the US, obscuring the normative differences between these states’ policies.
This photo taken on 23 April 2023 shows the Philippine coast guard vessel BRP Malapascua (R) manoeuvering as a Chinese coast guard ship cuts its path at Second Thomas Shoal in the Spratly Islands in the disputed South China Sea.
China’s strategy in the South China Sea aims to enforce its invalidated claims, whereas recent legal actions by Southeast Asian claimant states seek to clarify claims and incentivise dispute settlement based on the United Nations Convention on the Law of the Sea (UNCLOS).
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