China’s Law of the Sea: The New Rules of Maritime Order

**An in-depth examination of the law and geopolitics of China’s maritime disputes and their implications for the rules of the international law of the sea** __China’s Law of the Sea__ is the first comprehensive study of the law and geopolitics of China’s maritime disputes. It provides a rigorous empirical account of whether and how China is changing “the rules” of international order—specifically, the international law of the sea. Conflicts over specific rules lie at the heart of the disputes, which are about much more than sovereignty over islands and rocks in the South and East China Seas. Instead, the main contests concern the strategic maritime space associated with those islands. To consolidate control over this vital maritime space, China’s leaders have begun to implement “China’s law of the sea”: building domestic legal institutions, bureaucratic organizations, and a naval and maritime law enforcement apparatus to establish China’s preferred maritime rules on the water and in the diplomatic arena. Isaac B. Kardon examines China’s laws and policies to defend, exploit, study, administer, surveil, and patrol disputed waters. He also considers other claimants’ reactions to these Chinese practices, because other states must acquiesce for China’s preferences to become international rules. China’s maritime disputes offer unique insights into the nature and scope of China’s challenge to international order. Contents 7 Preface and Acknowledgments 9 List of Abbreviations 13 Introduction: The Struggle for Maritime Order 17 1. Order, Rules, and Change in the Law of the Sea 28 2. International Law and China’s Maritime Power 57 3. Geographic Rules 89 4. Resource Rules 133 5. Navigation Rules 185 6. Dispute Resolution Rules 227 Conclusion: Toward an East Asian Maritime Order 273 Notes 287 Bibliography 353 Index 409