China's Law of the Sea: The New Rules of Maritime Order. The Chinese Communist Party's perspective on maritime sovereignty. China's engagement with international law and the Law of the Sea treaty. China's approach to maritime disputes. Implications of China's behavior on international institutions.
China's actions in the maritime space undermine the efficacy of existing international rules and create challenges and ecological concerns.
China's regional perspective and focus on sovereignty hinder the development of universally recognized rules and international cooperation.
Deep dives
China's Sovereignty and Maritime Space
China's sovereignty and authority in the maritime space, particularly in relation to its vast territorial claims, is a central focus of this podcast episode. The episode highlights the importance of understanding the extent of China's sovereignty and authority in order to comprehend their law of the sea claims and their implications for regional states, the United States, and global order. The podcast emphasizes that although China is not creating new rules for global order, its actions are making existing rules less effective. The discussion also touches upon the significance of the maritime space surrounding China and the complexities of China's relationship with the region.
China's Views on International Law
The episode delves into China's emerging theory of international law, which defines two main types: treaty law and customary law. While China is a signatory to the United Nations Convention on the Law of the Sea (UNCLOS) and respects treaty law, the episode highlights that its views on customary law are more aligned with its hyper-sovereignist attitude. The discussion emphasizes China's regional focus and aversion to transnational trends in international law, particularly in areas such as human rights law. The episode suggests that China's perspective on international law, including maritime law, revolves around safeguarding its sovereignty rather than creating universal rules.
Inconsistency and Non-Uniformity in China's Maritime Claims
The podcast explores the inconsistent and non-uniform nature of China's maritime claims and actions. In terms of geographic rules, China's varying behavior concerning its boundaries and jurisdiction reveals a lack of consistency and acceptance from other states. Similarly, China's resource-related claims show shifting stances and changing scopes, with limited support or recognition from other states. In navigation rules, China exercises some level of consistency and uniformity, particularly regarding the right of innocent passage. However, in dispute resolution rules, China consistently rejects any third-party or institutional involvement that implicates its sovereignty. Overall, the episode highlights that China's practice of rules is largely non-rule-like and lacks widespread acceptance from other states.
The Impact on International Order and Effectiveness of Rules
The podcast concludes by discussing the impact of China's approach on international order and the effectiveness of rules. It argues that China's actions, while not fundamentally changing global rules, significantly undermine their efficacy. This is especially evident in the context of disputed maritime boundaries and resources, where China's practices create challenges and ecological concerns. Moreover, China's rejection of third-party dispute resolution mechanisms weakens the credibility and effectiveness of international institutions. The episode suggests that China's focus on sovereignty and its regional perspective hinder the development of universally recognized rules and international cooperation.
On this episode of Horns of a Dilemma, Isaac B. Kardon discussed his book China's Law of the Sea: The New Rules of Maritime Order. Kardon discussed his research into how the Chinese Communist Party thinks about maritime sovereignty, how it applies this thinking to individual disputes in its surrounding seas, and what that means for the United States and its allies. The discussion focused on how the Chinese Communist Party views international law, the role of The United Nations Convention on the Law of the Sea, and maritime dispute resolution. This was recorded at the Clements Center for National Security at the University of Texas at Austin.
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