The Conflict in the South China Sea: A Legal Perspective of the Territorial Dispute

Abstract

This study examines the legal foundation of the South China Sea dispute and its implications for the region and the global community. Since ancient times, the South China Sea has been a vital trade route connecting China with Southeast Asia, South Asia, the Middle East, Africa, and Europe. The disputes in the South China Sea among China, Vietnam, Philippines, Brunei, Malaysia, and Indonesia are recent, particularly since 2009. They have expressed and submitted their formal claims and supporting evidence to the UN, asserting their rightful claims and territorial entitlements in the South China Sea by international law. These claims of the member states are examined from the perspective of the UN Convention on the Law of the Sea (UNCLOS) and other relevant international laws and precedents. It has been found that China's claims in the South China Sea are largely inconsistent with UNCLOS and other relevant regimes of international law. The disputes remain unresolved, posing a persistent threat to regional and global stability and potentially escalating into a broader conflict that could undermine international peace and security.