International Law, Force and Coercion in the South China Sea

in Leszek Buszynski & Do Thanh Hai (eds) The South China Sea From a Regional Maritime Dispute to Geo-Strategic Competition (Routledge 2020)

13 Pages Posted: 14 Feb 2020 Last revised: 19 Apr 2021

See all articles by Constantinos Yiallourides

Constantinos Yiallourides

The British Institute of International and Comparative Law (BIICL); Macquarie University - Macquarie Law School (Sydney, Australia)

Date Written: December 20, 2020

Abstract

This chapter combines an examination of international jurisprudence and state practice in addressing three separate legal issues that have arisen in the context of disputes over territory with a special focus on the South China Sea: (1) the applicability of the rules on the use of force to territorial disputes; (2) the legality, or illegality, of establishing a military presence on a disputed territory as a means of coercion; and (3) the implications, as a matter of law, of characterizing such coercive conduct as a prohibited use of force.

Keywords: South China Sea; Territorial Disputes; Use of Force; Coercion; Unilateralism; Status Quo; Military Deployment

Suggested Citation

Yiallourides, Constantinos, International Law, Force and Coercion in the South China Sea (December 20, 2020). in Leszek Buszynski & Do Thanh Hai (eds) The South China Sea From a Regional Maritime Dispute to Geo-Strategic Competition (Routledge 2020) , Available at SSRN: https://ssrn.com/abstract=3523158 or http://dx.doi.org/10.2139/ssrn.3523158

Constantinos Yiallourides (Contact Author)

The British Institute of International and Comparative Law (BIICL) ( email )

Charles Clore House
17 Russell Square
London, WC1B 5JP
United Kingdom

Macquarie University - Macquarie Law School (Sydney, Australia) ( email )

North Ryde
Sydney, New South Wales 2109
Australia

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