EU Split on South China Sea

For those wondering why China keeps on building seemingly without much hesitation, the inability of the West to show a united front is surely something to note.

It isn’t just the dithering of the United States that emboldens Beijing—Europe’s even greater lack of resolve matters too. [READ MORE]


The South China Sea: Explaining the Dispute

WASHINGTON — After an international tribunal in The Hague ruled emphatically against China in a territorial dispute with the Philippines, many Chinese state media outlets responded on Wednesday by publishing a map.

It showed the South China Sea, with most of the waters encircled with the “nine-dash line” that has long represented China’s claims there. [READ MORE]

Now Back to the Real Power Game in the South China Sea

China’s President Xi Jinping and a number of Western scholars have warned that resisting Beijing’s assertion of control over the South China Sea increases the dangers of the “Thucydides Trap” which posits that rising powers and status quo powers inevitably go to war.

The only way to avoid that trap, they say, is for the United States to accommodate China and accept what Xi calls a “New Model of Great Power Relations” in which Washington and Beijing would determine the future of Asia on an equal basis without America’s allies and partners spoiling the two major powers’ happy condominium. [READ MORE]

Defending David Against the World’s Goliaths in International Court

Paul S. Reichler’s first big break came in the late 1970s, when, not long out of Harvard Law School, he was a litigation associate at a blue-chip Washington law firm.

The Sandinistas had just come to power in Nicaragua, and the partners did not mind putting an idealistic young lawyer to work full time to recover national assets spirited away by the Somoza dictatorship. [READ MORE]

The South China Sea Ruling Against China: What's Really at Stake

This week’s ruling by the Permanent Court of Arbitration endorsing the Philippines’ claim that China’s interpretations of South China Sea maritime boundaries violate the UN Convention on the Law of the Sea (UNCLOS) is being hailed in Washington as a salutary exercise in rules-based international governance—and as validation for resolute U.S. policy.

But conversations with Chinese academics, analysts, and officials suggest that the outcome may trigger backlash in Beijing against Western-backed international institutions, with potentially profound implications for multilateral management of some of the world’s biggest challenges, from forging cooperative regional security architecture in Asia to climate change. [READ MORE]

China’s Challenge to Rule of Law in Asia Will Test Next President

The recent landmark case ruling from the Permanent Court of Arbitration in The Hague stands as a legal victory for the Philippines in their arguments against China’s claim to the seizure of the Scarborough Shoal and other atolls and rocks in the South China Sea, but it also makes clear that China has a responsibility to abide by international law.

The five-judge tribunal's unanimous decision underscores that under the United Nations Convention on the Law of the Sea (UNCLOS), that China has no legal basis to claim historic rights over most of the sea, that it has violated international law by endangering fishing vessels and that it has failed to protect marine life. [READ MORE]

U.S. reiterates support for South China Sea arbitration, peaceful resolution

The United States on Wednesday reiterated its call for the peaceful resolution of territorial disputes in the South China Sea, in response to the setting of a date for a decision in an international court case brought by the Philippines against China.

An arbitration court hearing the dispute between China and the Philippines over the South China Sea will deliver its decision on July 12, it said in a statement on Wednesday. [READ MORE]

US Marines to Deploy Amphibious Battle Group to South China Sea

Portions of the South China Sea are contested by China, the Philippines, Japan and Vietnam, each making overlapping claims on island chains and navigation rights.

China has been constructing artificial islands on top of the coral reef habitats of the Spratly Islands, a group of more than 750 islands and reefs, over the past year. [READ MORE]

Philippines v. China: Decision to Be Released on July 12, 2016

According to a press release issued by the Permanent Court of Arbitration in The Hague, its verdict in the arbitration between the Philippines and China will be made public on Tuesday, July 12, 2016.

The Republic of Philippines v. The People’s Republic of China, the official name of the case, was initiated in January 2013 by the Philippines, following a difficult 2012 stand-off with China over Scarborough Shoal in the South China Sea. [READ MORE]

China's Curious South China Sea Negotiation Policy

There has been a great deal of commentary recently on Beijing’s strident refusal to participate in the Philippines’ arbitration case and the almost desperate vehemence with which it is preparing to greet the tribunal’s final judgment.

This is not terribly surprising, as most analysts agree that the Philippines will win on a number of crucial points, undercutting some, if not all, of China’s maritime claims. [READ MORE]

Why China Both Loves and Fears the Rule of Law

This month, the rule of law and China’s legal profession at large have received a lot of attention.

This is out of recognition that both will be necessary to advance the country’s economic development, and yet both present a challenge to the Chinese Communist Party’s (CCP) domination of China’s political agenda. [READ MORE]

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