International Law, Force and Coercion in the South China Sea
in Leszek Buszynski & Do Thanh Hai (eds) The South China Sea From a Regional Maritime Dispute to Geo-Strategic Competition (Routledge 2020)
13 Pages Posted: 14 Feb 2020 Last revised: 19 Apr 2021
Date Written: December 20, 2020
This chapter combines an examination of international jurisprudence and state practice in addressing three separate legal issues that have arisen in the context of disputes over territory with a special focus on the South China Sea: (1) the applicability of the rules on the use of force to territorial disputes; (2) the legality, or illegality, of establishing a military presence on a disputed territory as a means of coercion; and (3) the implications, as a matter of law, of characterizing such coercive conduct as a prohibited use of force.
Keywords: South China Sea; Territorial Disputes; Use of Force; Coercion; Unilateralism; Status Quo; Military Deployment
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