ABSTRACT
This chapter reviews the evolvement of the People’s Republic of China’s (PRC) policy towards the South China Sea (SCS) over the past seven decades. It consists of two parts. In the first part, the authors trace the development of China’s legal claims and its motivation and reasoning behind it. Over the years, motivated by, and responded to, the legal dynamics in the realm of international law of the sea, China’s legal position has transformed into a three-layered legal formula that includes not only claims to sovereignty over the SCS features but also claims to maritime entitlements under the framework of the UN Conference on the Law of the Sea and historical claims in potential connection with the dotted line/nine-dash line. The second part examines China’s record of dispute management towards the SCS. China’s handling of the SCS dispute has demonstrated flexibility and a clear preference for bilateral negotiations and multilateral cooperation, while unilateral actions have also been deployed in China’s past practice of dispute management. As the biggest claimant in the South China Sea and a major power in Asia, China’s policy towards the SCS is always under strict scrutiny. What does China actually claim in the SCS? How does China view the SCS dispute? What approach is preferred by China in managing the dispute? Answers to these questions shed important light on the region’s future peace and stability.
