South China Sea ruling anniversary and the disregard for the rule of law

Last Friday marked the eighth anniversary of the Philippines-China South China Sea arbitral tribunal ruling. That decision was a win for Manila, but the then-Philippine government refused to press China to honor the verdict. Coupled with Beijing’s disregard for the entire legal procedure, Manila was effectively neutralized from leveraging the case to protect its sovereign interests.

Yet even if a nullity, the case has important implications. China’s response has provided a troubling signal of its intentions. The readiness to flout international legal obligations makes clear Beijing’s unwillingness to accept limits on its power. Many regional governments are indifferent to that fact, however. They refuse to press Beijing to honor international law, a troubling resignation to the brutal reality of pure power politics.

Yet, it’s an own goal, nevertheless, undermining the foundational premise of China’s diplomatic rhetoric — that all nations are equal — and forcing some neighboring governments to take steps, including closer defense relationships, to balance against Beijing. It undercut the charge that anti-Chinese behavior is invariably ideological and instead provides a rallying point for governments troubled by China that is largely neutral — the defense of international law.

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