Disputas territoriais no mar do sul da China: análise do caso China versus Filipinas

Abstract

The South China Sea is distinguished by its strategic and economic significance, both due to the presence of crucial maritime trade routes for global commerce and the abundance of natural resources. However, the region also serves as a locus for territorial disputes, posing challenges to the application of the United Nations Convention on the Law of the Sea (UNCLOS). The compatibility of China’s territorial claims with the principles established by UNCLOS is widely contested. In this context, it is essential to assess the effectiveness of International Law of the Sea in regulating and resolving disputes within a highly complex geopolitical environment. The central objective of this study is to analyze how the Law of the Sea, based on UNCLOS, applies to China’s territorial claims in the South China Sea, evaluating its effectiveness in resolving such disputes. The study has three specific objectives: (I) to understand the historical context of territorial and maritime conflicts in the South China Sea, identifying the strategic, economic, and political factors influencing these disputes; (II) to analyze the role of international legal norms and the bodies responsible for adjudicating maritime disputes, focusing on UNCLOS and conflict resolution mechanisms; (III) to assess the applicability of the Law of the Sea through a case study of the arbitral award in the dispute between China and the Philippines, considering the effectiveness of this resolution. For this purpose, a qualitative methodology is employed, involving bibliographic research and documentary analysis. This approach seeks to examine the challenges of applying UNCLOS in light of China’s non-compliance and the ongoing questions regarding its efficacy.