The South China Sea as a Challenge to International Law and to International Legal Scholarship

摘要

Times Square in New York City is an unusual venue to expound complex international legal issues. The countless illuminated billboards of this tourist spot usually advertise Broadway productions, sugary soft drinks, or the latest must-have smartphone. Between July 23 and August 3, 2016, however, a three-minute clip by Xinhua, the Chinese State news agency, was shown 120 times a day on one of the giant screens of 2 Times Square. Picturesque images of fishing boats and islets were captioned with commentary describing the Chinese discovery of the South China Sea Islands over two millennia ago, and their subsequent exclusive exploration and exploitation. Rather abruptly, however, the subject changed. The video denounced the vain attempts "of the Arbitral Tribunal ... to deny China's territorial sovereignty and maritime rights and interests". China, it stated, "did not participate in the illegal South China Sea arbitration, nor accepts the Award so as to defend the solemnity of international law." Chinese officials and foreign politicians, diplomats, and observers then elaborated upon these statements, stressing that China was the "only true owner" of the South China Sea Islands, and advocating for a grown-up approach to dialogue by pressing for negotiations between the States directly concerned.