China's Maritime Lawfare

Abstract

Bibliographic note STRAATSMA, Wietse. China's Maritime Lawfare in the South China Sea. Prague, 2018. 83 pages. Master's thesis (Mgr.) Charles University, Faculty of Social Sciences, Institute of Political Studies. Department of Security Studies. Supervisor PhDr. Vít Střítecký, M.Phil., Ph.D. Abstract The primary aim of this thesis is to examine if and how the People's Republic of China uses legal warfare to strengthen its maritime power in the South China Sea. To examine this, Dunlap's interpretation of lawfare has been combined with a lawfare typology from Kittrie to create a framework from which China's behavior has been examined. The paper posits that China's behavior in and related to the South China Sea meets the criteria of lawfare. China utilizes both instrumental lawfare and compliance-leverage disparity lawfare to justify its legal claims on the South China Sea's maritime sphere and the landforms that lie within it. This lawfare combined with enforcement has led to China gaining substantial maritime power. The islands China occupies and their militarization have granted it marine resources, naval power, and bases to project power from. The thesis contributes to the literature on China's behavior in the South China Sea by providing a lens through which to view its actions. Moreover, it contributes...