Defeating the enemy without fighting at sea: a legal analysis of grey zone operations in the South China Sea
Tuckett, C
Date: 19 July 2021
Publisher
University of Exeter
Degree Title
MbyRes in International Law
Abstract
This dissertation investigates the legal implications of China’s growing dominance in the South China Sea. Described as operating in the “grey zone”, namely without recourse to an armed conflict, China has asserted control over significant swathes of an area of ocean that is both rich in natural resources and a vital global trading ...
This dissertation investigates the legal implications of China’s growing dominance in the South China Sea. Described as operating in the “grey zone”, namely without recourse to an armed conflict, China has asserted control over significant swathes of an area of ocean that is both rich in natural resources and a vital global trading route. The analysis was conducted through the study of real events which have occurred at sea and in the region, followed by an application of the principles of international law. This has shown that China is prepared to deliberately push and explore the accepted norms of international law, and on occasion, disregard them. Such a strategy can be described as lawfare and has been applied both to the people at sea and the places in the region, such as islands and reefs. The research also demonstrated that several possible responses are available in international law, and even domestic law, by which other nations could attempt to persuade China to step back from its hostile stance. These response options range from specific military operations which do not involve a use of force, through to multilateral engagement using organs of the United Nations. I conclude that a combination of ambiguity in operations at sea, a consistent national narrative, and a willingness to push the boundaries of international law, all supported in the background by the presence of a large military power base, have ensured China’s increasing influence and power in the South China Sea. China’s success can be countered, and the mechanisms exist to do so, but not without a political and diplomatic consensus within the international community. Until the necessary political will is found, either in the region or on a global setting, China will continue to strengthen its control over the South China Sea.
MbyRes Dissertations
Doctoral College
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