Sheena Chestnut Greitens, Isaac B. Kardon, Cameron Waltz
China’s Law of the Sea: The New Rules of Maritime Order
An in-depth examination of the law and geopolitics of China’s maritime disputes and their implications for the rules of the international law of the sea.
Source: Yale University Press
China’s Law of the Sea is the first comprehensive study of the law and geopolitics of China’s maritime disputes. It provides a rigorous empirical account of whether and how China is changing “the rules” of international order—specifically, the international law of the sea.
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.
Isaac B. Kardon examines China’s laws and policies to defend, exploit, study, administer, surveil, and patrol disputed waters. He also considers other claimants’ reactions to these Chinese practices, because other states must acquiesce for China’s preferences to become international rules. China’s maritime disputes offer unique insights into the nature and scope of China’s challenge to international order.
Advance Praise
“Kardon seeks to correct a common misconception about China’s expansive maritime claims. Rather than simply flouting laws, the PRC has sought to minimize the weight of existing laws and shape new ones through its activities. The volume is a carefully argued and brilliant contribution to scholarship on the evolution of ‘global order.’”
—Margaret M. Pearson, University of Maryland, College Park
“Now that China has the world’s largest navy, is it really a threat to the rules-based maritime order? Those who share this concern will find China’s Law of the Sea an essential analysis of Beijing’s practice as well as theory.”
—Jerome A. Cohen, Council on Foreign Relations
“China’s maritime reach and activity will continue to be components of its ambition and power. Isaac Kardon’s perspectives and keen insight into China’s view of maritime order are unmatched. China’s Law of the Sea is an essential read for everyone who depends on the maritime domain and for all who ponder China’s approach to regional and global order.”
—Gary Roughead, Admiral, U.S. Navy (retired), and former U.S. Navy Chief of Naval Operations
“China’s contested maritime claims are a potential flashpoint for Asian conflict. Isaac Kardon systematically explains how China, in pursuing those claims, manipulates, disregards, or violates international legal norms in ways that could have global implications.”
—Thomas J. Christensen, Columbia University and former Deputy Assistant Secretary of State
“China’s rise as a maritime power is a defining element of its ascent. In this carefully researched and insightful book, Kardon documents China’s distinctive approach to the law of the sea that combines legal interpretations, bureaucratic mobilization, and maritime forces on the water. China’s Law of the Sea is a terrific contribution to the literature that illuminates China’s challenge to the international maritime order in East Asia and beyond.”
—M. Taylor Fravel, director of the Security Studies Program, Massachusetts Institute of Technology
About the Author
Senior Fellow, Asia Program
Isaac B. Kardon is a senior fellow for China studies in the Asia Program.
- China’s Foreign Police Training: A Global FootprintPaper
- A New World Cop on the Beat? China’s Internal Security Outreach Under the Global Security InitiativePaper
Sheena Chestnut Greitens, Isaac B. Kardon, Cameron Waltz
Recent Work
Carnegie does not take institutional positions on public policy issues; the views represented herein are those of the author(s) and do not necessarily reflect the views of Carnegie, its staff, or its trustees.
More Work from Carnegie Endowment for International Peace
- The Iran War Is Making America Less SafeCommentary
A conflict launched in the name of American security is producing the opposite effect.
Sarah Yerkes
- Taking the Pulse: Is it NATO’s Job to Support Trump’s War of Choice?Commentary
Donald Trump has demanded that European allies send ships to the Strait of Hormuz while his war of choice in Iran rages on. He has constantly berated NATO while the alliance’s secretary-general has emphatically supported him.
Rym Momtaz, ed.
- India and a Changing Global Order: Foreign Policy in the Trump 2.0 EraResearch
Trump 2.0 has unsettled India’s external environment—but has not overturned its foreign policy strategy, which continues to rely on diversification, hedging, and calibrated partnerships across a fractured order.
- +6
Milan Vaishnav, ed., Sameer Lalwani, Tanvi Madan, …
- Lukashenko’s Bromance With Trump Has a Sell-By DateCommentary
Lukashenko is willing to make big sacrifices for an invitation to Mar-a-Lago or the White House. He also knows that the clock is ticking: he must squeeze as much out of the Trump administration as he can before congressional elections in November leave Trump hamstrung or distracted.
Artyom Shraibman
- The Middle Power Moment?Collection
The world has entered an era of upheaval—a period of heightened geopolitical rivalry, deepening political polarization, quickening technological change, glaring economic inequality, accelerating environmental crises, and eroding respect for international law. This moment of disruption and fluidity is also one of opportunity, however. It provides openings for middle powers, both established and emerging, to exercise unaccustomed agency and influence the future of global order.
Carnegie scholars are analyzing middle power responses to this moment of upheaval and assessing whether—and under what conditions—these states can contribute to practical problem solving. They are asking critical, concrete questions: What countries, precisely, are we talking about when we refer to middle powers? In what issue areas do their priorities converge and diverge, including across North-South divides? In what domains can middle powers pack a punch, rather than produce a whimper? Are they willing to shoulder actual burdens and responsibility? Finally, how can middle powers assert themselves globally, without running afoul of or threatening their relations with the United States or China?