Abstract

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The rise of many emerging states has the potential to shape the international legal system. In both Asia and Africa, the actions of various countries have given rise to the notion of emerging powers undermining the normative implications of international law and, thus, compromising the international legal regime. China and South Africa are two cases in point: the former’s territorial disputes in the South China Sea have seen China reluctant with regard to dispute resolution, while South Africa’s proposed withdrawal of African states from the International Criminal Court and its termination of first generation bilateral investment treaties (BITs) highlight a deviance from the normative order. Both China and South Africa appear generally as firm believers of sovereignty in a traditional sense. Yet, with regard to economic law, China seems to adopt a more liberal approach than South Africa. In the following article, this notion is tested in light of changing approaches to state sovereignty within international economic law.