The Hague Centre for Strategic Studies | Benedetta Girardi, Anna Hoefnagels and Berend Kwak
China is actively reshaping the international legal order, not by outright rejection, but through a strategic application of “lawfare.” A new HCSS report details how Beijing reinterprets existing norms, establishes parallel institutions, and gradually expands its influence across global governance. The report introduces a five-stage framework illustrating how rising powers translate legal strategy into systemic change, from delegitimizing norms to building support for alternative legal arrangements. China's approach is notably advanced in trade governance, where Belt and Road-linked dispute resolution mechanisms offer credible alternatives to Western fora, and is strategically disruptive in maritime security and technology governance. This creates structural asymmetries for Europe, as China treats law as an instrument of competition, exploiting EU fragmentation and eroding normative influence. To counter this, Europe must adopt a more strategic approach, strengthening legal diplomacy, investing in competitive dispute resolution, coordinating responses to extraterritorial legislation, prioritizing international standard-setting, and embedding legal cooperation in external partnerships.
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