Case Study: Maritime Dispute Resolution in the South China Sea

In the contested waters of the South China Sea, maritime disputes are not merely about fish, reefs, or oil—they are about law, history, and the shifting weight of power. At the heart of this turbulent region lies a case that reshaped how maritime law functions when geopolitical stakes collide with legal norms: The Republic of the Philippines v. The People’s Republic of China, decided in 2016 by the Permanent Court of Arbitration in The Hague.

The Philippines brought the case under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS), seeking to clarify maritime entitlements and challenge China’s sweeping “nine-dash line” claim. The tribunal, while lacking direct enforcement power, wielded legal clarity like a scalpel. It ruled that China’s historical claims had no basis under UNCLOS, and that certain features claimed by China—like Mischief Reef and Subi Reef—were low-tide elevations, not islands, and thus generated no exclusive economic zones.

The ruling was groundbreaking. It did not settle sovereignty—no international court has that authority without consent—but it redefined the legal geography of the region. It drew sharp lines where political blurs had long dominated. The decision emphasized legal categories over historical narratives, asserting that the rule of law at sea could still assert itself in one of the most politically fraught areas on the planet.

China rejected the ruling, calling it a “farce”, and continued its construction and militarisation activities. Yet, the decision stands as a legal beacon. It has been cited in diplomatic protests, naval deployments, and international statements. Countries like Vietnam, Indonesia, and Malaysia now reference the tribunal’s findings in their own maritime engagements. The law, though ignored in practice by one party, became a tool of legitimacy for others.

The case highlighted a central truth of maritime dispute resolution: law does not always compel compliance, but it creates a framework that defines what compliance means. It gives smaller states a voice, offers clarity amid chaos, and places boundaries around ambition.

The South China Sea remains tense, its islands bristling with runways and radar domes. But through this case, maritime law proved it could still function where politics fails—offering not a solution, but a map for one.

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