Anissa Aroun, Justine Collignon and Mila Issolah were awarded second prize of Prix Asia Centre for their essay “China’s Approach to the Law of the Sea – A Maritime Power Instrumentalizing International Norms”.
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In February 2025, the arrest of Chinese nationals in the Philippines for military espionage near the Spratly Islands rekindled tensions in the South China Sea, fully highlighting Beijing’s geopolitical and maritime ambitions. Such confrontations are not unfamiliar to the region: China has, for decades now, adopted a particular stance regarding the legal rules, and in particular the international law of the sea governing it.
Adopted in 1982 at Montego Bay, the United Nations Convention on the Law of the Sea (UNCLOS) defines the rules governing the use of maritime spaces. Each coastal state can claim a territorial sea of up to 12 nautical miles, where it exercises total sovereignty, as well as an exclusive economic zone (EEZ) of 200 nautical miles, giving it exclusive rights over the exploitation of natural resources[1]. Beyond this, the continental shelf can extend to 350 miles under certain conditions, while the high seas remain an international area governed by the freedom of navigation principle[2].
In certain strategic regions, the application of international laws on maritime delimitation has given rise to numerous tensions, notably in the South China Sea. This key economic and geopolitical zone is marked by multiple territorial claims to islands and reefs, which provide crucial access to maritime resources and trade routes. China, seeking to assert its regional influence, relies on a contested interpretation of the international law of the sea to justify its claims. But its ambitions go far beyond the legal framework, and are fuelled by complex geopolitical considerations, which combine security concerns – such as the protection of trade routes and access to natural resources – with economic interests, notably linked to fishing zones and hydrocarbons.
These tensions crystallize around the famous “nine-dash line”, a delimitation claimed by Beijing that is based on historical grounds, which was rejected in 2016 by the Permanent Court of Arbitration. This decision further deepened disagreements over the application of UNCLOS in the region, fuelling a climate of persistent rivalries. Consequently, this calls for an analysis of how China approaches the law of the sea.
In order to gain a better understanding of China’s stance on the law of the sea, it is crucial to consider the relationship between the Chinese power and the maritime domain, which plays a central role in shaping its perception of international law (I), as well as to analyse how it seeks to free itself from the system of international norms by adopting a selective adherence to UNCLOS (II). Finally, the consequences of this attitude regarding international law of the sea will be assessed (III).
[1] Articles 55 to 75 UNCLOS
[2] Articles 86 to 120 UNCLOS
China’s Approach to the Law of the Sea – A Maritime Power Instrumentalizing International Norms:



