Article

The Legality of Militarization of the South China Sea and Its Legal Implications

Hwon Lee *
Author Information & Copyright
1Ph.D. Researcher, Department of Southampton Law School, University of Southampton, Southampton, UK.
*Corresponding Author. E-mail: kl1n18@soton.ac.uk.

© Copyright 2023 Korea Maritime Institute. This is an Open-Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/4.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Published Online: May 17, 2023

Abstract

Maritime entitlement associated with territorial boundaries in the South China Sea has been disputed for a long time, but until recently it does not seem settled. Despite the instability, China has continued expanding its military presence in disputed areas to enhance its maritime power. China has taken various methods to militarize the area, including unlawful restrictions, construction of military bases, and mobilization of maritime militia in an unreasonable manner. This paper aims to examine the legal ground upon which China has claimed its territorial sovereignty to assess whether they have such authority over the region in the South China Sea. Subsequently, the paper will closely analyse the legality of China’s militarisation of the region under international law and suggest how international society would have to react to China’s excessive domination.

Keywords: South China Sea; militarization; maritime militia; sovereign right; United Nations Convention on the Law of the Sea (UNCLOS)