China has been making claims to the South China Sea since about 2010 by using some of the elements of the Doctrine of Discovery. China has been claiming sovereignty over the ocean up to 900 miles from its coastline by filling in small atolls and reefs and building military bases and buildings on these artificial islands. China is then, maybe without knowing it, using the Johnson v. M’Intosh (1823) element of “actual occupancy” to claim the South China Sea and is trying to prevent other nations from using the shipping lanes. I’ve written about this interesting development in a couple of blog entries and articles since 2010. Take a look at today’s New York Times and its map of China’s territorial claims to the ocean. I suppose the United Nations and various treaties and politics will ultimately settle this dispute and not Johnson v McIntosh! But it is intriguing to see the Doctrine of Discovery at work today!
Blasting Bullhorns and Water Cannons, Chinese Ships Wall Off the Sea https://www.nytimes.com/2023/09/23/world/asia/china-sea-philippines-us.html?smid=nytcore-android-share
native.america.news 