To China, is the “law” in “rule of law” in the seas of Asia the existing international law of the sea, or is it a new international law of the sea that accommodates a new and “better” international order as envisioned by China? The process leading to the award in the South China Sea arbitration case (Philippines vs. China) on July 12, 2016 should have been an ideal opportunity for China to clarify this point. Yet China consistently refused to participate in the arbitration process. Instead, China declared the following positions.
On October 30, 2015, China argued that its rights in the South China Sea have emerged over the course of a long history and that they are grounded in international law including the United Nations Convention on the Law of the Sea (UNCLOS).
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