Lawfulness and Lawfare in the South China Sea

This book explores the subject of lawfare (legal warfare) in the South China Sea, analyzing how legal techniques are employed within the context of cognitive and hybrid warfare. The work delves into events, highlighting both aggressive tactics and lawful responses, while also proposing the 3P formula (Publicity, Public Opinion, and Public International Law) as an effective method for mobilizing efforts to protect international law.

The book features numerous illustrations of maritime claims and boundaries, updated to 2025, providing readers with a clear visual perspective. The main benefit of this work is that it offers a comprehensive view with extensive resources and in-depth arguments, making it highly useful for researchers, students, and practitioners. The book is aimed at the shared goal of promoting dispute resolution through fair legal mechanisms, thereby contributing to regional peace and stability.

Explores the concept of Lawfare in the South China Sea Introduces the 3P formulaPublicity, Public opinion and Public International Lawto protect International Law Promotes fair legal mechanisms for dispute resolution, contributing to regional peace and stability

Autorentext

Nguyen Hong Thao, Member of the UN International Law Commission (20172022 and 20232027), is currently teaching as a Senior Lecturer at Ho Chi Minh City University of Law, the Diplomatic Academy of Vietnam, and the National University of Hanoi. Dr. Nguyen received his LLB and Ph.D. degrees from the University of Paris 1 Panthéon-Sorbonne (France) in 1996. His main academic specializations are in public international law, the law of the sea, international organizations, and international humanitarian and environmental law. Dr. Nguyen has also authored a series of works on international law, specifically in the area of maritime dispute resolution. His experience in maritime affairs and diplomacy includes ambassadorial postings in Malaysia (20112014) and Kuwait (20142017). He is a member of the Asian Society of International Law and the Vietnam Society of International Law. He is the Editor-in-Chief of the Vietnamese Yearbook on International Law and serves on the advisory boards of the Asian Yearbook of International Law (AYBIL), the Asian Journal of International Law (AsianJIL), and the Asia-Africa Legal Consultative Organization Journal (AALCO). He is also part of the editorial boards of the Journal of International Law and the Journal of East Asia and International Law. He was elected a member of the International Law Commission of the United Nations for the terms 20172022 and 20232027. In 2018, he was appointed Second Vice-Chairman of the Commission, and in 2023, he was named Rapporteur General of the Commission. In 2020, he was nominated by the Vietnamese Government as an arbitrator under Article 2 of Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS).

Tran Thi Kim Nguyen is a lecturer at the Faculty of Law, Ho Chi Minh City Open University, where she has served since 2021. She holds a Master's degree in Law from the University of Law, Vietnam National University Hanoi, awarded in 2020. From 2016 to 2018, she was a research fellow at the Center for the Law of the Sea and International Maritime Law (University of Law, Vietnam National University Hanoi) and later served as a research assistant at the East Sea Institute (Diplomatic Academy of Vietnam) from 2019 to 2020. Her academic interests focus on Public International Law, with particular emphasis on the Law of the Sea and ASEAN Law.

Inhalt

Chapter 1 - Lawfare and Lawfulness and an overview of South China Sea legal issues.- Chapter 2 - China's Lawfare in the South China Sea: An overview.- Chapter 3 - Lawfulness of Malaysia, Philippines, and Vietnam in the South China Sea: An overview.- Chapter 4 - Lawfulness versus China's Lawfare in the South China Sea.