Effective law enforcement in gray zone operations: A Chinese perspective of coastguard law implementation in delimited maritime zones

• Published in: Marine policy Vol. 169; p. 106366
• Main Authors: Cui, Hong-Ming, Zulfiqar, Khadija
• Format: Journal Article
• Language: English
• Published: Elsevier Ltd 01.11.2024
• Subjects: China; Coastguard; Delimited maritime areas; Gray zones; Law enforcement; South China sea; UNCLOS; South China sea; UNCLOS; Delimited maritime areas; Law enforcement; China; Gray zones; Coastguard
• ISSN: 0308-597X
• DOI: 10.1016/j.marpol.2024.106366

The states attempt to claim more areas in maritime zones to control the oceans and their resources effectively. This position has led many states into disputes and conflicts in the maritime zones, and such unsettled zones are known as 'gray zones'. The 'gray zones' of the East China Sea and South China Sea (together East and South China Seas) challenge the effective enforcement of the law because of the ambiguity in the law of the sea and its interpretation by international courts and tribunals. In the East and South China Seas, law enforcement in gray zones has raised many concerns about maritime security, illegal fishing, terrorism, and piracy. The conflict among the states neighboring the East and South China Seas hinders the effective enforcement of the law. Against this backdrop, this research paper suggests that insensitive forces such as the coastguard of states in dispute shall cooperate for effective law enforcement in gray zones. This paper argues that if enforcement actions are legitimate with lawful grounds and reasonable measures, such cooperation will not escalate disputes among states. In the East and South China Seas, the cooperation for effective law enforcement by coastguards will depend on the continuous overcoming of uncertainties in international law until the conflicting states reach a consensus on the competitive interpretation of law by the international courts and tribunals.