Document Type
Essay
Publication Title
Emory Int'l L. Rev. Recent Dev.
Publication Date
Winter 1-1-2017
Abstract
The United Nations Convention on the Law of the Sea (UNCLOS) has left a battle of interpretation that the United States and China have been clashing over for decades. Both countries cite support from UNCLOS, which highlights the need for clarification of which position should be accepted in international law. China supports its contention that its construction of the islands does not violate international law'and therefore does not constitute an impediment to freedom of navigation'with its 'nine-dash line.' This Essay ultimately argues that the United States' interpretation and application of UNCLOS is more meritorious than that of China; however, more explicit provisions in UNCLOS concerning the authorization of military operations in a foreign country's Exclusive Economic Zone and around artificial islands would provide a more robust legal framework to resolve this international dispute.
Volume
31
First Page
1021
Recommended Citation
Julie Franki,
Seize the Sea: The Territorial Conflict Between the United States and China Over Military Operations in the South China Sea,
31
Emory Int'l L. Rev. Recent Dev.
1021
(2017).
Available at:
https://scholarlycommons.law.emory.edu/eilr-recent-developments/12