By Tyler Jiang
On July 12, 2016, the Permanent Court of Arbitration in The Hague ruled that there was no evidence that China had any historical claims to the South China Sea. [1] In response, China stated that the ruling will not “affect China's territorial sovereignty and maritime rights and interests in the South China Sea.” [2] Despite China’s dismissive stance, international pressure and possible American action are likely to force them to reconsider.
How can China flaunt The Hague so openly?
The primary issue is that there are no mechanisms in place to enforce the arbitration decision beyond the willingness of the international community to take concerted action. China has disregarded the ruling and has continued to assert its position through increasing the frequency of naval patrols and militarizing islands in disputed waters.
What has the United States done so far to enforce the ruling?
The Obama Administration’s response was lackluster. The White House hoped that regional states, such as Vietnam and the Philippines, would enforce the ruling themselves through naval patrols and diplomatic pressure on China. But even the combined naval and diplomatic leverage of these states is not enough; they need American aid and leadership. Unfortunately, the United States has not taken any serious action to prevent Chinese forays into the South China Sea or to enforce the ruling, which has slowly eroded the Tribunal’s legitimacy.
U.S. Navy strives to ensure freedom of navigation across the globe. In this respect, the United States is falling behind on its duties in the Pacific. Especially given President Obama’s “pivot” to Asia policy, the United States should be taking a more active role in the Pacific.
The United States should take several steps to push the international community to keep pressure on the Chinese government for its actions in the Sea. Though China has not responded to such criticism, policy makers need to recognize that this is a cumulative strategy. China may not immediately change its stance, but this will gradually change over time.
To encourage Chinese compliance, the U.S. needs to take a more active role, increasing freedom of navigation patrols in the South China Sea. These need to be carried out without warning to demonstrate that the South China Sea is international waters, and to prove to China that the United States is ready to uphold international law.
The United States also must embrace the possibility of joint-patrols with its allies, which have rarely occurred in the South China Sea. These patrols would allow for peacetime horizontal escalation with China, which aims to increase risk for China; for example, China has launched provocative actions in the East China Sea against Japan, but if Japan deploys forces to the South China Sea, Japan can put the same pressure back onto China.
Months after the ruling, China’s continued blatant disregard for international law indicates that not enough stress is being levied on the nation. For China to comply with the ruling, additional pressure through patrols in disputed waters by the United States Navy and continued international criticism is needed. The United States needs to step up and do its duty as a global superpower to enforce international law and bring China in line.
Tyler Jiang is a junior at Rowan University studying International Studies and History."
[1] BBC, “South China Sea: Tribunal backs case against China brought by Philippines,” BBC (July 12, 2016). http://www.bbc.com/news/world-asia-china-36771749.
[2] Foreign Ministry Spokesperson Lu Kang's Remarks on Statement by Spokesperson of US State Department on South China Sea Arbitration Ruling, 7/13/2016.
