The Lawfare Podcast Lawfare Archive: Hunter Marston on the South China Sea
Apr 19, 2026
Hunter Marston, PhD candidate at Australian National University and Southeast Asia Associate at Nine Dash Line, unpacks the South China Sea's geography and why it matters. He covers maritime law and the 2016 ruling. He describes island-building, naval and coast guard tactics, shifting Philippine and Vietnamese strategies, and rising Chinese coercion. Practical policy moves for the next administration are discussed.
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Presence Tactics Evolved From Flags To Force
- Presence tactics shifted from planting fishermen and flags to state Coast Guard and maritime militia operations.
- Past contests sometimes escalated to deadly clashes like the 1974 Battle of the Paracels, underscoring risk of violence.
Nine Dash Line Conflicts With UNCLOS Rights
- The Nine-Dash Line traces to a 1947 ROC map and was reasserted by Beijing in 2009 to claim 'traditional' maritime rights.
- The line overlaps many neighbors' EEZs despite China's UNCLOS ratification, creating legal friction.
Keep Regular FONOPs To Defend Navigation Rights
- Maintain regular Freedom of Navigation Operations to uphold maritime law and counter excessive claims.
- The U.S. acts neutrally on bilateral disputes but uses FONOPs to defend rule-based navigation even without UNCLOS ratification.