China and International Law: Lawfare or Strategic Application of International Law?

Abstract

The People’s Republic of China (PRC) has been repeatedly accused of employing a sophisticated strategy of lawfare, i.e., a strategic and abusive application of international law to further its aims, especially in connection with South China Sea territorial disputes. This article aims to challenge this widely held view. It first introduces the concept of lawfare and highlights its inherent analytical problems. Then it describes the Chinese historical relationship with international law and doctrinal approach to lawfare. Finally, the article examines the maritime dispute between the PRC and the Philippines that was referred to the Permanent Court of Arbitration to demonstrate that there is little evidence that China engages in methodical warfare, though the PRC undeniably tries to shape the norms of public international law for its own benefit.