Remodeling of International Regimes in Neoliberal Institutionalism Perspective: Case Study of the South China Sea Arbitration

Zhongsheng Shu
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Abstract

Among the various disputes in the South China Sea, the China-Philippines arbitration case embodies the legalization of international conflict resolution. However, after the ruling was issued, China viewed it as a “scrap of paper,” and the Philippines had no intention of restraining China through the ruling. International law is considered a “paper tiger” due to the lack of mandatory enforcement, and international regimes were once seen as dysfunctional and chaotic systems. Then both China and the Philippines put bilateral relations back on track through economic diplomacy and negotiations. It is clear that sovereignty is at the core of maintaining international law and regimes, but it does not mean that states can adopt the principle of “self-help”. How can international regimes be reshaped to be flexible and resilient, and how can a virtuous model of balances between state power and international regimes be achieved in future international conflict resolution? To answer these questions, this study will explore the possibility of transforming and reshaping international regimes, using neoliberal institutionalism as a logical starting point and complex interdependence theory as a model framework. International regimes are not a means for the weaker states to achieve their claims; achieving a win-win situation in economic and power reciprocity is the most direct way to resolve disputes over the South China Sea, and the resilience of international regimes is reflected by expanding from bilateral to multilateral models of shared governance in the South China Sea through alliance politics and economic diplomacy.
新自由主义制度主义视角下的国际制度重塑——以南海仲裁案为例
在南海诸多争议中,中菲仲裁案体现了国际冲突解决的法治化。然而,在裁决发布后,中国将其视为“废纸”,菲律宾无意通过裁决遏制中国。由于缺乏强制性执行,国际法被视为“纸老虎”,国际制度一度被视为功能失调和混乱的系统。随后,中菲双方通过经济外交和谈判,使两国关系重回正轨。显然,主权是维护国际法和国际制度的核心,但这并不意味着国家可以采取“自助”原则。如何重塑国际机制,使其具有灵活性和弹性?如何在未来的国际冲突解决中实现国家权力与国际机制之间平衡的良性模式?为了回答这些问题,本研究将以新自由主义制度主义为逻辑起点,以复杂的相互依存理论为模型框架,探索改变和重塑国际制度的可能性。国际机制不是弱国实现其要求的手段;实现经济和实力互惠共赢是解决南海争端最直接的途径,通过联盟政治和经济外交,南海共同治理模式从双边向多边拓展,体现了国际机制的韧性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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