Will the Permanent Court of Arbitration be
able to “strike down” China?
The Permanent
Court of Arbitration (PCA) has ruled that it has sufficient jurisdiction over
the case of the Philippines against China in the dispute in the East Sea
(internationally known as the South China Sea). The next hearing will take
place from November 24 to 30 in The Hague. VietNamNet’s Hoang Huong talks
with Dr. Zachary Abuza, an American independent analyst who writes on
Southeast Asian politics and security issues.
Observing the developments at the
recent APEC Summit 2015 in the Philippines, what do you think about the
relationships between China and the host country Philippines in terms of
territorial sovereignty?
Of course China wants no discussion
of the East Sea at APEC. It has always been afraid of multilateralizing the
issue. And unlike ASEAN meetings where it can keep some of it off the table
through its influence over Cambodia and others, it has no such leverage at
APEC.
I think President Obama has made
clear that it will be on the table. His ship visit to a Philippine naval
vessel and announcement of $250 million in maritime assistance to Southeast
Asia, including $79m to the Philippines, $40m to Vietnam and $21m to
Indonesia, has set the tone for the meeting. The Philippines has said
that it will not directly raise the East Sea at the meeting, but it certainly
will not be unhappy if the US does.
How has the role of the two sides
changed after the first hearing? Is it a good sign for the Philippines when
the Permanent Court of Arbitration ruled that it has sufficient jurisdiction
over the case of the Philippines against China in the dispute in the East
Sea?
China's strongest arguments were
those in which it challenged the PCA's jurisdiction. But now that the court
ruled that it has standing in the case.
I and the opinions of almost every
other international law expert I have read, indicate that China is likely to
lose on almost every issue in the second phase of the proceedings, the merits
of the case. China's position simply has no basis in international law.
They are constantly trying to evolve
international law to support their view and the facts they have established
on the ground.
China has suffered many setbacks in
terms of its Southeast Asia policy recently. But not entirely. It still holds
sway over Cambodia.
Today there were reports of progress
in joint off shore oil production with Brunei. And of course, China continues
to be a driver of regional economies, especially Indonesia.
So even though I look to all of these
setbacks, that does not mean that China is going to change its policy.
Indeed, I think that they will accept these setbacks, and continue with their
policy.
You said: “The PCA will hear oral
arguments on the merits of the case from November 24-30. And it is widely
expected that they will rule in favor of the Philippines”. Who expects this
besides the Philippines?
International legal experts.
Do you know that China claimed they
“will refuse or will not be affected” by the court’s decision?
Look, great powers have ignored the
rulings of international courts before. The US is a perfect example, when it
tried to avoid the ICJ's jurisdiction in the suit filed by Nicaragua.
The US paid a very heavy price in terms of its public image as the standard
bearer for the rule of law. It looked like a bully in the eyes of many.
The US recovered, and in many ways,
it was able to because it does provide a lot of collective goods (aid, trade
and investment, military assistance, peace and security, leading contributor
to UN and multi-lateral economic bodies, etc.)
My guess is China will simply ignore
the ruling, and accept the damage to its international reputation, hoping
that if it remains the driver of regional economies and it begins to supply
more collective goods, that will ameliorate the situation. I'm not
sure. The US had a track record over four decades.
Moreover, China really seems to be
trying to change international law, not just flout it.
Hoang Huong, VNN
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Thứ Tư, 25 tháng 11, 2015
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