Issue architecture

The dispute is best understood as several overlapping legal and policy problems.

Sovereignty, maritime entitlement, navigation, resource governance, and crisis management are related, but they should not be collapsed into a single question.

01
Sovereignty

Sovereignty over maritime features

States dispute title over islands, rocks, reefs, shoals, banks, and low-tide elevations. Sovereignty questions are distinct from maritime-zone entitlements under UNCLOS, but the two interact politically and practically.

Key research questions

  • Which features are capable of appropriation as territory?
  • What evidence supports historic title or effective administration?
  • How should occupation, construction, and protest affect legal analysis?
02
UNCLOS

Maritime zones and entitlements

The core legal contest concerns territorial seas, EEZs, continental shelves, historic-rights assertions, and whether particular features can generate zones beyond 12 nautical miles.

Key research questions

  • Do any Spratly features qualify as full islands under Article 121?
  • How do mainland coasts, archipelagic baselines, and offshore features interact?
  • What claims exceed UNCLOS limits?
03
Security

Navigation, overflight, and military activity

Major external and regional powers view the South China Sea as a strategic waterway. Disputes arise over freedom of navigation, military surveys, coast guard operations, and archipelagic sea lanes.

Key research questions

  • What rights do foreign warships and aircraft have in EEZs and archipelagic waters?
  • How should law enforcement vessels avoid dangerous maneuvers?
  • How do alliance commitments affect escalation risks?
04
Resources

Resources, fisheries, and environment

Fisheries, hydrocarbons, coral reefs, and marine scientific research are recurring flashpoints. Environmental harm from dredging and destructive fishing was central to the 2016 award.

Key research questions

  • Which coastal state has sovereign rights over seabed resources?
  • How should traditional fishing be protected around contested features?
  • What duties apply to fragile reef ecosystems?
05
Diplomacy

Crisis management and regional order

ASEAN-China (PRC) diplomacy, confidence-building measures, incidents at sea, and the proposed Code of Conduct shape the dispute even when legal positions remain fixed.

Key research questions

  • What practical effect does the 2002 Declaration on Conduct still have?
  • Can a Code of Conduct reduce coercive conduct without settling sovereignty?
  • How do diplomatic notes and public statements shape customary expectations?