Author: Editorial Board (Editorial Board)

Some analysts are predicting that Vietnam will soon file a complaint against China under the U.N. Law of the Sea Convention (UNCLOS) dispute settlement mechanism regarding China’s actions in the South China Sea. For Lawfare, Peter Dutton wrote that because “Vietnam knows it cannot prevail in a standoff with China, international litigation may be an increasingly attractive option to alter trends that are not currently working in Vietnam’s favor.” What would Vietnam gain from bringing suit? Dutton’s answer is “clarity over its legal rights to resources in the region,” leverage to prevent China from interfering with its exploration in Vietnam’s claimed Exclusive Economic Zone (EEZ) and increased “costs to Beijing of its intransigence.” These are reasonable expectations. But the legal obstacles and political blowback could be significant. In addition to potential benefits, Vietnam should also consider what it can lose and ask: is it worth the risk?

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