By Dan Steinbock

July 18, 2016

"On July 12, the international court in The Hague ruled in the dispute between China and the Philippines over the South China Sea. In international media, the ruling of the Permanent Court of Arbitration (PCA) has been characterized as a sweeping rebuke of Chinese claims in the South China Sea.

But in international relations realism, the ruling and its implications are inherently ambiguous, which means greater uncertainty and possible volatility in the region.

Legal ambiguity, policy realism

Despite the focus of the UN Convention on the Law of the Sea (UNCLOS), the PCA is not a UN agency, as the UN itself noted after the ruling. Nor is its ruling enforceable, even though it is likely to shape regional stances. Second, China refused to participate in the arbitration because, in Beijing's view, the tribunal had no jurisdiction over the case. Yet, China resists militarization in the region and seeks cooperation with the members Association of Southeast Nations (ASEAN). Third, Philippine Foreign Affairs secretary Perfecto Yasay has made clear Manila's readiness to start a conversation with China, though building on the arbitration. The diplomatic refrain was consistent with President Rodrigo Duterte’s pronouncement that Manila would not 'flaunt or taunt' if it is seen to win the arbitration case."

Read more:
http://www.chinausfocus.com/foreign-policy/time-for-reset-and-realism-in-the-south-china-sea/

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