Maritime Law

In the great wars of modern history, maritime powers have always prevailed over land-based empires, whether Habsburg, Napoleonic, Nazi, or Soviet. In contrast to the rigid hierarchies and centralization of land-based empires, those nations attaining mastery at sea have been distinguished by liberty, flexibility, and enterprise. The 17th-century Dutch were the first to achieve naval and trading dominance.

During the 1970s and 1980s, the United States led the world in negotiating one of the most important treaties in history: the United Nations Convention on the Law of the Sea (UNCLOS). Through these negotiations the United States secured the largest area of maritime jurisdiction in the world—an area larger than the continental United States itself—and protected navigational freedom, so critical for Naval mobility. Today UNCLOS is in force for 168 countries and the European Union. Isolationist arguments, however, have for a quarter-century prevented the Senate from voting on the Convention.

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.