U.S. can pressure China within framework of UNCLOS only if it is party to the treaty

Although critics of LOSC rightly argue that the treaty will not bind China’s assertive behavior in the South China Sea,²⁹ evidence suggests that despite attempts to interpret the treaty in ways that promote its own interests, China is willing to work within the LOSC framework. According to one expert, recent statements by the ministry of foreign affairs reaffirm that “China will advance maritime claims that are consistent and compliant with UNCLOS,” which may allow states to press China to clarify its claims through the treaty’s dispute settlement mechanism and bring the region closer to a negotiated settlement.³⁰ However, countries in the region may be reluctant to press China to clarify its claims lest they strain relations with their largest trading partner. As a party to LOSC, the United States could support its partners by pressing China to clarify its maritime claims, which are legitimately tied to U.S. maritime interests in the region, including freedom of navigation rights for the U.S. Navy.