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

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.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.