29 August 2015

Editorial: Who Will ‘Win’ in the Philippines’ South China Sea Case Against China?

By Truong-Minh Vu and Trang Pham

A look at what the case could mean for Asia and Beijing’s ‘peaceful rise.’

China’s military might, economic power, and cultural sway might be enough to make the country a great power. Yet these resources are not sufficient to help Beijing achieve its political and strategic goals through coercion or going it alone. In military terms, China is still behind America. Economically, its power is reliant on other states, especially with neighboring countries.

China’s paradox, therefore, is that while its rising capabilities may seem to afford it the opportunity to pursue alternatives to the existing rules, its reputation and credibility are insufficient to establish new rules altogether which can be widely accepted by its Asian neighbors. Chinese approaches to international institutions and rule of law in the South China Sea, especially with respect to the arbitration case initiated by the Philippines, is one of the most significant examples supporting this argument.

Since the case between Nicaragua and the United States, the situation of non-appearance was virtually non-existent for more than 25 years. Then came the Arctic Sunrise case, with Russia refusing to appear in proceedings in 2013. That same year, the world witnessed another similar case with respect to the South China Sea when Beijing expressed its disinterest in appearing before the Permanent Court of Arbitration at The Hague.

After a series of failed negotiations with China concerning the disputes in the South China Sea, the Philippines decided to employ the Arbitral tribunal under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) to challenge China’s claims. China refused to join the arbitration case and warned that the Philippines’ approach could damage the bilateral relationship.

Read the full story at The Diplomat