Limits of law in the South China Sea

Although a rules-based and law-based approach in the international arena is an admirable aspiration, law will not solve the dangerous problems in the South China Sea. More specifically, the upcoming ruling in the case brought by the Philippines against China before an arbitration tribunal under the U.N. Convention the Law of the Seas will not solve the problems or even make a major headway in resolving them. An examination of the issues before the tribunal and its most likely decisions demonstrate that the tribunal and law can make only a very limited contribution to resolving the South China Sea crisis. Law will not save us from continuing to focus predominantly on negotiations and power politics.

Paul Gewirtz Potter Stewart Professor of Constitutional Law and Director, the Paul Tsai China Center via CHINA US Focus http://ift.tt/1ZbLDpp