Abstract
As tensions continue to grow across the Taiwan Strait, China is using domestic maritime law to justify an expansion of police power in the international waters of the Taiwan Strait in violation of international law. This Comment will argue that the People’s Republic of China has violated the UN Convention on the Law of the Sea (“UNCLOS”) by implementing non-resource-related police power in waters meant only for resource exploration and management. In comparing the language of China’s domestic maritime law with that of UNCLOS, this Comment will show that the People’s Republic of China has used domestic law to reinterpret and obfuscate its obligations under UNCLOS. As a result, the freedom of navigation granted by UNCLOS to all States has been restricted by China’s policing. To prevent China from using its domestic law to assert increasing control over the Strait, the Tribunal of the Law of the Sea should issue an advisory opinion clarifying the purpose of Exclusive Economic Zones and denouncing China’s noncompliance with UNCLOS. Additionally, foreign States should continue to exercise freedom of navigation through the Taiwan Strait and push China to limit its police activity of the Strait.