The use of ‘Lawfare’ in the South China Sea Disputes: views from the Philippines, Vietnam, and Indonesia

<p dir="ltr">This article will discuss several States’ use of lawfare – particularly the international judiciary – to achieve a political objective, especially in the context of the South China Sea disputes. The article will first discuss the origin of the term ‘lawfare’ and its various interpretations before looking at how the Philippines utilised lawfare through the arbitration proceedings it brought against China in the South China Sea. The article will then look at Vietnam, another South China Sea claimant who did not join the arbitration proceedings, but has not closed the option of utilising such a process to strengthen its position in the dispute. The article will then focus on Indonesia, a non-claimant in the South China Sea dispute, but with a jurisdictional dispute with China, to see if it should consider engaging in lawfare to further its position. Finally, based on the experience of these three countries, the article will analyse whether the use of lawfare is a strategic move that improves the geopolitical and security situation in the South China Sea. </p>