Maritime Disputes,Sovereignty and the Rules‐Based Order in East Asia

In recent years, maritime sovereignty disputes have become highly visible microcosms of broader contests between security orders in East Asia. Escalating tensions over seas provoke questions about how historical and territorial conceptions of sovereignty map onto maritime areas, and the continuing effectiveness of the so‐called “rules‐based order” in maintaining regimes for deciding jurisdiction of islands, rocks and other maritime land features. The paper examines sovereignty claims and the international law of the sea across various cases, including the contested claims over Dokdo/Takeshima, Senkaku/Diaoyu Dao and China's nine‐dash line. These case studies reveal the tensions between two legal regimes: territorial rules of acquisition (sovereignty) and the United Nations Convention on the Law of the Sea (UNCLOS). This article concludes by considering the ways that the symbolic nature of these disputes has implications for the capacities of UNCLOS and other legal instruments in the US‐led “rules‐based order” to establish orderly relations among states in the maritime arena.