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Letters | China is a superpower: naive to think it does not ‘forum shop’ on international law
- China’s lack of participation in international courts is more likely to stem from a calculation of political expediency. The superpower is more than able to marshal its defence against class-action lawsuits
Professor Atul Alexander’s “Covid-19 lawsuits may put China off international law for good” (May 20) appears to be self-contradictory. On the one hand, he argues that China’s apprehensions about international law and dispute settlement forums are historical in nature. But at the same time, he argues that China’s attitude is “best summed up as being ‘self-centred’”.
I would lean in favour of the latter viewpoint. The primary consideration behind a country’s recognition of and participation in international law is one of political expediency, regardless of whether the country was once a colonial master or a subject.
Prof Alexander attributes China’s rare appearance at the International Court of Justice (ICJ) and its non-signatory status at the International Criminal Court (ICC), to the country’s past experiences with “colonialism” and “unequal treaties”. If we were to extend his line of reasoning to its fullest, then India, once a colony of the British Empire, would not have defended itself at the ICJ in the 1955 “right of passage” case against Portugal.
India is not a signatory to the Rome Statute that established the ICC, not because of “colonialism” but because the statute’s Article 8 defines war crimes as including “armed conflict not of international character”. This is prejudicial to India’s military campaigns in Jammu and Kashmir. Article 8 is but one of the many political reasons India rejects the ICC.
I am glad that Professor Alexander mentions China’s active participation in World Trade Organisation (WTO) courts. Of date, China has instituted 21 cases in the WTO. This is an example of how China uses international law when it is expedient to do so, not just as a “plaintiff” but as a “defendant” too.
We can expect China to invoke the defence of state immunity should the justices allow the class-action suits filed against the Communist Party to be heard in American courts.
China may have some unpleasant chapters in its history books. But China today is a superpower. It would be simplistic to think that China does not expediently “forum shop”.
Faisal Maricar, Singapore
Hong Kong has more freedoms than many EU nations
Reinhard Butikofer, the chairman of the European Parliament’s Delegation for Relations with China, recently described China’s leaders as “arrogant and aggressive”. For a diplomat to make such a statement is far from diplomatic, even more so when it does not reflect reality.
The string of violent assaults during protests, the hooliganism and rise of bomb making underscore the need for a strong security law, if not, law and order will completely break down in Hong Kong.
The European Union (EU) should also keep in mind that people living in glass houses should not throw stones. Many EU countries have laws and restrictions that reflect the proposed national security law for Hong Kong.
02:33
China’s top legislature approves national security bill for Hong Kong
China’s top legislature approves national security bill for Hong Kong
In Spain, scores of Catalonian politicians who organised a referendum on independence in 2017 were prosecuted and are now serving heavy prison sentences. In Germany, it is unlawful to burn the German or European Union flag. Burning the German flag is now punishable by up to three years in prison.
Some EU countries go even further. In Poland, a number-one hit song was recently banned by state-run radio broadcasters because it was seen as criticising a leading Polish politician. In France, Muslim women are forbidden to wear a burkini (hybrid of burka and bikini) at the beach. Several countries like France and my own – Belgium – also prohibit the wearing of a full-face Muslim veil. Such restrictions would be unthinkable in Hong Kong. In short, in terms of freedoms, Hong Kong is far more tolerant than many EU countries.
Kristiaan Helsen, Sai Kung
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