Arguing international law in the South China Sea disputes: the Haiyang Shiyou 981 and USS Lassen incidents and the Philippines v. China arbitration

Abstract

This article focuses on how international law is argued by the parties to the South China Sea disputes and in what context these legal arguments are presented. To this end, the article analyses three recent issues in the South China Sea: the incident involving the Haiyang Shiyou 981 drilling rig, which operated in a maritime area in dispute between Vietnam and China; the passage of the uss Lassen in the vicinity of Subi Reef, which is occupied by China; and the arbitration between the Philippines and China under the United Nations Convention on the Law of the Sea. The article concludes that looking at what legal arguments are or are not made and in what broader context those arguments are placed can contribute to a better understanding of the role of international law in the South China Sea disputes.