Legal moves turn South China Sea into a public image battleground
The Philippines has taken further actions that add to the complexity of the South China Sea status quo. While there haven’t been any official announcements regarding initiating new arbitration hearings against China, reports suggest there have been discussions to that end.
However, the timing and effectiveness of these legal actions suggest countries see international law as a tool for public image campaigns, serving both strategic and diplomatic purposes. This is particularly evident in the South China Sea dispute between the Philippines and China.
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Second, there is the notion that international law provides smaller or less powerful countries with a platform to challenge larger, more powerful adversaries. By emphasising its commitment to principles and international norms, the Philippines aims to offset China’s economic and military strength. The 2016 arbitration panel ruling in the Philippines’ favour seemed to send a message how legal recourse can amplify the voice of smaller nations.
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Meanwhile, using international law as a tool for public image campaigns has its limitations. Countries could be accused of hypocrisy if they invoke international law only when it is convenient. The complexity and interpretative nature of international law allow countries to manipulate legal arguments to fit their narratives.
Another implication is whether China will turn to international litigation or arbitration to pursue its maritime claims. Will China’s conventional approach of bilateral negotiations and consultations remain its preferred method for