In an Orwellian totalitarianism, two plus two can be five. But with American hegemony, things can be A and not A at the same time.
Earlier this month, Washington declared war on International Criminal Court (ICC)whose existence, it claims, poses an “unbearable” challenge to American sovereignty. But, giving an example of the international law of the sea, it also led a coalition of 14 countries, especially in the West, to issue joint statement upholding China’s 10-year-old South Sea arbitration ruling against Beijing.
Here’s a question: when they rule against states, don’t arbitral tribunals in The Hague pose as many challenges to their jurisdiction as the ICC or any other international court?
The United States is not a member of the ICC or the United Nations Convention on the Law of the Sea (Unclos) on which the South China Sea arbitration was based. The court was established under Annex VII of Unclos. The Permanent Court of Arbitration served as the registry for the case.
The settlement invalidated most of Beijing’s maritime claims, later known as the nine-dash line.
