Challenging the Limitations of Asserting Jurisdiction: A Case Study of the South China Sea

The South China Sea dispute challenges the future development of maritime legal order and international law. China’s behavior in the South China Sea challenges widely accepted rules governing maritime jurisdiction worldwide as it tries to expand the limits of its jurisdiction. In China’s view, the Arbitral Tribunal in Philippines v. China also challenged the jurisdiction of the UNCLOS by taking a highly political issue related to sovereignty. This thesis argues that mere rhetorical rejection of China’s actions in the South China Sea will not determine the resolution of the dispute. China’s behavior will be dependent on striking the right balance between domestic and international priorities. These priorities include a combination of political stability, economic satisfaction, third-party involvement, and balance of power. This thesis examines the development of international law and its limitations in light of China’s domestic and foreign policies, justification for its behavior, and the reaction of other states