Abstract/Summary

While many have studied the international legal dimensions of South China Sea disputes, few have explored the intersection of human rights and the law of the sea. Yet, this perspective is crucial – especially given China’s claims that its maritime militia fishermen, who controversially advance its maritime strategy, have suffered human rights abuses. Using this issue to theorise the broader relationship between human rights and the law of the sea, we examine Chinese maritime militias through a comparative international law framework. On the one hand, existing legal doctrine – including the United Nations Convention on the Law of the Sea and its implementing agreement on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction – provides strong grounds to critique China’s maritime militia strategy. On the other hand, these militias can be framed as agents of China’s ‘ecological civilisation’ agenda, confronting climate change and advancing human rights under the law of the sea. Ultimately, the Chinese maritime militia question offers deep insights into intersecting legal regimes amid global norm contestations.