Coronavirus lawsuits targeting China may put it off international law for good

Article originally published by South China Morning Post

With the international community pelting canards at China for its failure to act on Covid-19 and states demanding reparation to the tune of billions, the heat is on China to take decisive steps. One fallout of the pandemic may be China’s policy towards international law.

Historically, China’s participation in international law has been “isolationist”. This was predicated on China’s disgruntled experience with colonialism and imperialism. In the sphere of international law adjudication, it is worth noting that China rarely appears before the International Court of Justice (ICJ) and is not a signatory to the International Criminal Court (ICC) statute. China’s past encounters with “unequal treaties” have shaped its apprehension towards the international law mechanism, which China considers tailor-made for Western authoritarianism.

Notwithstanding China’s past passivity in global affairs, its recent approach to issues like space, trade, seabed mining, and climate change manifests a vision for a global order. This is amplified by the fact that China in 2014 inaugurated the annual World Internet Conference, or “Wuzhen Summit”, advocating the concept of “internet sovereignty”, in which each country has the right to regulate its internet space.

Although it’s not active in the ICJ or ICC, China has an enviable track record as a World Trade Organisation member. It is the third most active participant in the WTO’s dispute settlement system from 2002 to 2019. Perhaps the core tenet of China’s perception of international law is best summed up as being “self-centred”. Instances of Chinese participation in the dispute settlement forums are incumbent on national interest . . .