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CFR–

The Permanent Court of Arbitration in The Hague rejected critical aspects of Beijing’s claims over waters in the South China Sea on Tuesday. The tribunal’s findings uphold the need for a rules-based order to counter Chinese efforts to establish a modern-day sphere of influence, says the U.S. Naval War College’s Andrew Erickson in a written interview. “It would be best for the

[Asia-Pacific] region, and China’s standing within it, if Beijing exercises restraint and respects the tribunal’s ruling,” says Erickson. For its part, the United States should carry out more robust freedom of navigation operations (FONOPS) to protect international law and norms, he says.

What’s the significance of the UN tribunal’s findings?

The tribunal has upheld an open, rules-based order for a critical portion of the global maritime commons, saying all are welcome to use it without favor or fear. It does so by rejecting the legal basis for the vast majority of Beijing’s sweeping maritime claims in the South China Sea. U.S. State Department Spokesperson John Kirby welcomed the decision as “an important contribution to the shared goal of a peaceful resolution to disputes in the South China Sea.” Still, Washington can make its own contribution by helping to ensure that right prevails over might, and lead by example by finally ratifying the UN Convention on the Law of the Sea, which it already abides by in its maritime operations.

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