4 - Norm Neglect

Summary

This chapter compares the short-lived norm neglect regarding the 2011 no-fly zone over Libya with the longer-lasting, yet fragile, norm neglect of the Philippines and China regarding Scarborough Shoal in the South China Sea (SCS). In these entrenched norm disputes, norm neglect was surprising. This chapter shows that social pressure from in-group members in the Libya case and from the arbitral tribunal and domestic compliance constituencies in the SCS case facilitated claim agreement. While these audience reactions continue to uphold norm neglect in the SCS case, key audiences’ perception that the North Atlantic Treaty Organization (NATO)-led coalition’s implementation lacked output legitimacy led to a norm impasse on Syria.

Moreover, the missing shared normative basis for the claim agreements rendered them fragile. The blurring of responsibility to protect (R2P) and protection of civilians (PoC) reduced the social strength or precision of R2P, as well as its breadth. The decrease in acceptance, and thus depth, of R2P due to the contested implementation of the no-fly zone further reduced the relative strength of R2P. In the SCS case, norm neglect is ongoing and thus the effect on norm strength remains to be seen. The increasing acceptance of the arbitral award and China’s frame rapprochement have slightly strengthened the applicability of United Nations Convention on the Law of the Sea (UNCLOS) norms.