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Two things to note here. Firstly, China's relative recent international engagement means perception is being formed regarding its behaviour and thumbing against international norms is in fact counter productive in image development. In other words, China do not have strategic depth in its image unlike the US which can afford some dents. Secondly, whilst economics is important, it does have limitation. For example, the Philippines position even in the face of economic coercion. Maslow's hierarchy of needs places security above economics.China may not have a very long history of international involvement, but its economic importance and size as well as its rapid increase in international engagement in recent years and the trend being likely to continue, will definitely be factors to consider as well.
I know it is a common argument that civilian shipping is not threatened but that in my view is simply a shallow reasoning that don't see the implications beyond that horizon. A nation that legally controls the commons has the capacity to turn it on and off at will. Intuitively, nations will not be held hostage to such discretion. What China is saying is trust what we promise but China does not have a long history from which confidence can be derived. If a nation does not observe rule based systems, then on what commitment will it hold to promises?For nations who have strong vested interests in maintaining a good relationship with China, and who do not have vested interests in the SCS issue, they might be willing to not substantially incur "costs" upon China.
I use the term "vested interests" regarding the SCS, because obviously the ability for shipping to transit through the SCS is in the interests of all nations in the world who engage in seaborne trade thus if that were threatened then other nations of the world would obviously be more willing to play ball and incur costs on China... and I also think the ability for civilian shipping to transit through the SCS is the only significant interest that most other nations around the world have in the region... but is the freedom for civilian shipping to travel through the SCS under threat at all to begin with?
That is simply an assertion. The dispute resolution mechanism is an important component of UNCLOS and without it I believe it would not have the broad support of so many nations. In fact, I would venture to say that if China thumbs the arbitration ruling, it might potentially cause the demise of UNCLOS.Possibly, but then the argument could also turned around that excess focus is only being oriented now on the need to "abide" to ICJ because it's... well, China.
The difference has to do with degree. In rule of law, we have exceptions. In rule by law it is far from exception.I think using such broad sweeps is a bit too generalizing, because it suggests that China is unique in "rule by law" (whatever it means), whereas in reality a number of other nations have also ignored ICJ rulings so when it was in their national interests to do so -- and by your argument the scale of the ruling wouldn't matter anyway because if those nations were committed to "rule of law" they would have accepted it. Your position also incorrectly suggests that China would seek to ignore all institutions which inconvenience it, whereas in reality this type of action is by far and away the exception rather than the norm for China.
The difference has to do with Chinese culture and political history. The following article that initially caught my interest regarding the difference.
The root of the problem is that Chinese phrases often lack prepositions, notes David Moser, academic director at the CET Beijing Chinese language program and author of a on the difficulty of learning Mandarin. In the case of 法治, that phenomenon has led to two similar but distinct translations in Chinese-English dictionaries: “rule of law” and “rule by law.”
“The lexicographers seem not be aware of any distinction, and either ‘of’ or ‘by’ seemed appropriate to them,” Mr. Moser says.
While the two phrases may seem like a flip-of-the-coin for dual-language dictionary editors, they actually have very different connotations, scholars say. “Rule of law,” under which the power of political leaders is constrained by laws and regulations, is generally considered a subset of “rule by law,” says Victor Mair, a professor of Chinese language at the University of Pennsylvania.