China has justified the passage of the new law as an ‘objective need’ for national security considering its large cyber infrastructure and its vulnerabilities.
Considering China’s non-appearance, the tribunal must proprio motu take judicial notice of all relevant facts, data, case precedents and public statements not communicated to it, and must apply its ‘arbitral wisdom’ based on international law.
The problem lies not just with the anti-terrorism law’s tough provisions but also the manner of its operation and its implications in terms of tightening political control.