Why the D.C. lawyer suing China for the Philippines still thinks he can win

When the government of the Philippines announced last month it was taking China to court over territorial claims in the South China Sea, it was seen by some as a surprising but savvy move -- a first step toward establishing some sort of law and order in East Asia's waters, which, up until now have been a sort of aquatic Wild West, with nations planting flags on rocks, roping off shoals, and building up tiny reefs to stake their claims.

The hearing was to determine the validity of China's claims to a wide swath of ocean that encompasses waters near the Philippines, Vietnam, Malaysia and Brunei, among other countries. Manila even generated some buzz by hiring D.C. lawyer Paul Reichler to argue its case, a man who's made his name as a "giant-slayer" in the world of international law for his often-successful track record of suing the U.S. Russia, and Britain on behalf of countries like Nicaragua, Georgia and Mauritius.

Then, on Tuesday, China made clear it had no plans to participate in any international court arbitration. Though the hearing will go on without China's participation, the decision, some may think, doesn't bode well for hopes that China might abide by a ruling that doesn't go its way.

Still, Reichler, who was hired by the Philippines last year, thinks the rising power could come around.

"They're very smart people," he said in an interview last week. "And I think they might come to understand that in the long run their best interests are served by being a responsible member of the international community."

Reichler's faith in the power of international law to wrangle even the largest of powers comes from his success suing the United States. He took America to The Hague on behalf of the Sandinista government of Nicaragua in the 1980s, over U.S. support of the Contras, and won -- an effort that earned him the ire of figures like John McCain. As a result of the victory - and the international pressure that accompanied it -- he says, Congress cut off funding for Contra support.

"It's a very high cost to prestige to be branded as an international wrongdoer and then not comply," he said.

The decision not to take part in the arbitration is "unfortunate," Reichler said in an email (China has long said it doesn't want to its territorial conflicts "internationalized").  "They had an opportunity to demonstrate their commitment to the international legal order, to show respect for its procedures, and to agree to be bound by its rules. Had they seized this chance, they would have proven that they are not only a great power, but a responsible one."

But the pressure on Beijing to comply with an unfavorable ruling - even if it doesn't participate - will still be there, Reichler said.

"To me, China has always denounced imperialism, denounced unilateralism, has denounced violations of the U.N. Charter," he said. "This is an opportunity for China to really show its true colors."



Is China fueling the illegal timber trade?

We hear plenty about drugs and conflict diamonds; but the international black market for timber -- a global trade that has been plaguing the forests of South America, Central America, and Asia for years, and one that is estimated to be worth anywhere from 30 to 100 billion dollars a year -- gets a lot less attention.

Illegal wood had a rare moment in the spotlight on Feb. 19, when Interpol reported the results of its first international operation to target timber trafficking. "Operation Lead," which brought together law enforcement agencies from twelve Latin American countries, was carried out over a month late last year and resulted in the seizure of the equivalent of 2,000 truckloads of timber (worth millions of dollars) and the arrests of more than 200 people.

While individual countries in the region, such as Columbia and Brazil, have cracked down on the illegal trade in the past, the transnational nature of the crime makes it difficult for domestic law enforcement agencies, which are limited in their jurisdiction, to be very effective. An international approach has the potential to be more successful. According to the head of Interpol's Environmental Crime Program, Operation Lead has laid the foundations for future efforts to combat the global trade.

So why timber? It is not as lucrative as the drug trade, but it still brings in a fair amount of cash. According to a recent Environmental Investigation Agency (EIA) report, in Laos, rare rosewood logs can fetch $18,000 per cubic meter. The EIA also notes that traffickers can earn $1,700 for a high-quality mahogany tree on the Peruvian black market, and about $1,000 for a cedar tree. In 2006, illegal logging in Peru was bringing up to $72 million in profits per year. Some estimates put the yearly profits in Columbia as high as $200 million.

In Latin America, the drug and timber trades aren't mutually exclusive. Though the extent of the connection is not yet clear, timber trafficking overlaps with organized crime and the drug trade in interesting ways in countries like Colombia and Peru.

For one, it has been suggested that timber offers drug traffickers an opportunity to invest in a new illegal market -- to "diversify their portfolios" -- as some governments become more successful (however slightly) in cracking down on the drug trade.

In Peru, where an estimated 80 percent of total timber exports are illegal, the wood trafficking network has become so sophisticated that drug traffickers are now piggybacking on the timber trade -- literally. In 2006, a U.S. State Department cable (later released by WikiLeaks) reported that drug traffickers in the Andes moving coca paste and opium "appear to be getting involved in transport of illegal timber, for both its profitability and its utility as concealment." In 2010, Peruvian police seized nearly 400 kilos of cocaine and coca base hidden in a single shipment of Sinaloa cedar.

Logging may also be viewed as a profitable way to open land for the farming of coca. According to a 2011 UN report, since 1981, more than 3,000 square miles of Columbia's forests have been cut down illegally to make way for coca crops. In 2008, then Columbian Vice President Francisco Santos Calderon announced, "If you snort a gram of cocaine, you are destroying 4 square meters of rainforest."

All considered, it isn't surprising that the illegal logging trade has taken a violent turn in some countries. Last year in Cambodia, an anti-logging activist and a reporter covering the illegal trade were both murdered. Three Brazilian activists were killed in 2011 -- just three out of dozens that have been murdered over the past several years.

It should be noted that illegal logging is not entirely run by timber kingpins and "wood mafias." Local communities also cut down wood illegally (to use, not to sell), and have probably been doing so for generations.

The countries affected are going to have to take strong action if they want to save their forests, because the problem is not going to fix itself. The world's appetite for high-value wood is high and is only getting higher. In its report entitled "Appetite for Destruction: China's Trade in Illegal Timber," the EIA states that between 2000 and 2011, the quantity of global log imports tripled, with a value that increased fivefold. China -- with wood product exports that have increased almost sevenfold in the past decade, with new construction projects beginning every day, and with a new bourgeoisie that covets fancy rosewood lounge sets (which can cost hundreds of thousands of dollars), cars with wood-embellished interiors, and yachts -- comprises a large part of that demand. According to the EIA, China is the world's top importer of illegal timber. "More than half of China's current supplies of raw timber material are sourced from countries with a high risk of illegal logging and poor forest governance," including Cambodia, Laos, Thailand, Madagascar, Myanmar, and Papua New Guinea.

Nicaragua in particular has seen enormous growth in its illegal timber market thanks to Chinese demand. In 2008, Nicaraguan exports of granadillo totalled about $127,000. In 2011, after other Central American countries enacted stricter wood export regulations, that number grew fifty fold, to $6 million.

China is in the midst of efforts to increase its own forest coverage; but Beijing is certainly going to have to step up its efforts at home if it wants to make up for the damage it is doing abroad.

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