Is China Trying to Rewrite the Rules at Sea?

Thirty years ago, the People's Republic of China ratified the UN Convention on the Law of the Sea. Since then, Beijing has frequently invoked UNCLOS to support its maritime claims and legal positions, while advancing interpretations of the Convention that many other states –but not all – reject.

This June the China Institute for Marine Affairs under the Ministry of Natural Resources marked the 30-year anniversary with an extensive report providing Beijing's interpretation of UNCLOS, including its account of the 2016 arbitral award that found China’s expansive maritime claims in the South China Sea as lacking a legal basis under the Convention.

To examine the PRC’s evolving interpretation of UNCLOS and Chinese maritime activities, and how both are being used to advance Chinese interests, I’m joined today by Dr. Peter Dutton. Peter is a Senior Research Scholar in law and senior fellow in the Paul Tsai China Center at Yale Law School. Previously, he held several positions at the U.S. Naval War College, including as director of the China Maritime Studies Institute. He served in the US Navy for more than 40 years in several capacities, including as a Judge Advocate and naval flight officer.  
 

Timestamps:
[00:00] Introduction
[01:45] UNCLOS and China’s Approach to International Law
[04:48] Favorable Interpretations of UNCLOS for China
[07:07] Unpacking Wu Shicun’s Comments on Future Construction
[10:47] Capitalizing versus Defending Interests 
[16:56] Potential Deterrence Options for the US and Allies
[19:14] Renegotiating the Law of the Sea Convention?
[22:45] Updated Arguments to the 2016 Ruling
[25:50] China’s Strategy and Relying on Power
[29:03] Indicators and Actions to Watch For