The Undergraduate Law Review at UC San Diego

International treaty law, while playing a crucial role in keeping states in check with one another, remains flawed both in terms of its procedural and enforcement measures. States are incentivized not to engage with international actors, like the International Court of Justice, instead choosing to avoid or outright ignore international attempts at dispute settlements for political or sovereignty-based reasons. The South China Sea dispute, involving several states in the Asia-Pacific vying for control over the region, serves as a key example of how nation-states have chosen to take advantage of weaknesses in both international judicial institutions and international law as a broader governing structure. This article seeks to analyze the effectiveness of international law and assess its legitimacy by using the South China Sea arbitration case to identify shortcomings in the procedure and enforcement of international law. It will also delve into how international law and treaty enforcement can be strengthened, including recommendations for changes in dispute resolution procedure as well as the establishment of stronger enforcement mechanisms.