Strengthening rules-based order in the Asia–Pacific
The Permanent Court of Arbitration (PCA) in The Hague is currently examining China’s South China Sea claims in a case brought by the Philippines. While China isn’t expected to take part in the case—indeed, it missed the deadline to lodge a defence this week—the Ministry of Foreign Affairs has nonetheless released a position paper outlining their legal objections, one of which is that the PCA lacks jurisdiction. A recent US State Department report into the legality of Beijing’s South China Sea claims refuted the validity of the nine-dash line as a maritime boundary. China rejected the US analysis claiming that it ‘ignores the basic facts and international legal principles’.
Human societies can only enjoy peaceful progress under the rule of law; the same is true of international society. If cooperation and orderly behaviour are to be advanced in the Asia–Pacific, we need strong global norms and legal rules to guide and govern relations among states.
The Asian strategic environment is witness to one of the most important power shifts in history—one that might produce a more cooperative Asia or a more competitive one. The biggest strategic question we face is not simply whether the future of our region will be one of war or peace, it’s also about the nature of that peace. Will it be a peace governed by rules and norms or a peace governed by power and coercion? Read more