The Malaysian Bar’s International Malaysia Law Conference (“IMLC”) 2026 took place from 27 to 30 Oct 2026 at MITEC, Kuala Lumpur.
By Abby Si Xinyi, Malik Imtiaz Sarwar
This session, titled “New Geopolitical Alliances and the Traditional Rules-Based Order”, examined how shifting geopolitical alliances challenge core principles of international law such as multilateralism and sovereign equality, and assessed the state of the traditional rules-based order in light of contemporary global politics.
The session was moderated by Desmond Ho Chee Cheong, Co-Chairperson, Bar Council International Affairs Committee and Partner, Richard Wee Chambers, who opened the session by observing that trade is increasingly used as an instrument of geopolitics. He asked whether rules continue to constrain powerful states that find them inconvenient, and whether states should pursue alternative alliances or work harder to preserve multilateralism.
The first speaker, Tan Sri Datuk Dr Rebecca Fatima Sta Maria, Former Executive Director, Asia-Pacific Economic Cooperation (“APEC”) Secretariat and Former Secretary General, Ministry of Investment, Trade and Industry Malaysia (“MITI”), argued that multilateralism is not weakening so much as adapting. She likened APEC to a talking circle in which every voice is heard, explaining that legitimacy comes not only from outcomes but from participation. While the system is under strain, the need for rules, dialogue and dispute resolution has not changed; what has changed is merely the size of the circles.
The second speaker, Dr Ong Kian Ming, Former Deputy Minister, MITI, observed that all politics is domestic, and that short-term pressures may undermine long-term goals. He recalled that after Malaysia ratified the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”) in 2022, there were moves to withdraw from it, which would have been disastrous for future trade negotiations. However, with MITI having held the line, Malaysia was able benefit as the agreement expanded. He emphasised that policy consistency requires strong civil service leadership and alignment between ministries, as well as between federal and state governments.
The third speaker, Toby Landau KC, Member, Duxton Hill Chambers, contended that the narrative of a settled rules-based order since the Second World War now giving way to a power-based order misstates history. He explained that the post-1945 system rested on two pillars, namely a body of rules in the United Nations (“UN”) Charter, and a concert of great powers whose balance was built into the Charter itself. He stressed that the system has in fact broken down before during the Cold War, but its structures, comprising vital treaties and institutions, remain.
The final speaker, His Excellency Ajay Sharma CMG, British High Commissioner to Malaysia, British High Commission Kuala Lumpur, agreed that the system has always been dynamic, but stressed the importance of distinguishing between recognising its evolution and dismissing it as not worthwhile. He explained that the United Kingdom (“UK”)’s approach rests on reform of the Security Council and on ensuring compliance with the rules, including calling out violations of international law such as Russian aggression against Ukraine and interference with freedom of navigation in the Strait of Hormuz.
On sovereign equality, Toby Landau KC observed that while it is a recognised legal principle, the architecture of the UN Charter shows that states were never intended to be ‘equal’ in power, and that the realistic aim is to ensure all states have equal access to the rules. Powerful states do not always prevail, as illustrated by the UK and France opposing decolonisation but ultimately losing as international law developed. Tan Sri Rebecca cautioned that policy flexibility under the General Agreement on Tariffs and Trade must be exercised responsibly and transparently. She identified security exceptions and dispute settlement as priorities for World Trade Organization reform, noting that, with the paralysis of the Appellate Body, the Multi-Party Interim Appeal Arbitration Arrangement has preserved the dispute settlement system, but is no substitute for it.
Dr Ong further proposed that Malaysia pursue strategic flexibility, consistency and outreach, including policy innovation to attract investment from frontier technology companies in both China and the United States. He urged key economic ministries to actively seek investment from all partners, positioning Malaysia as a cost-effective base for the region. On the liberalisation of legal services, the High Commissioner suggested that a calibrated opening would bring skills and expertise, support Malaysia’s ambition to become a regional legal hub and give foreign investors greater comfort, drawing on the experiences of the UK and Singapore. Toby Landau KC echoed this, observing that the ‘pie’ grows with the arrival of international practitioners.
In closing, Toby Landau KC emphasised that international law is preserved through the daily operation of dispute resolution, citing the Iran-United States Claims Tribunal, which has functioned for over 40 years despite fractured relations. He urged Malaysian lawyers to build the capacity to participate in international fora. The High Commissioner encouraged Malaysian lawyers to promote Malaysia’s legal potential, while Tan Sri Rebecca highlighted the scope for lawyers to review Malaysia’s older bilateral investment treaties for consistency, and Dr Ong stressed that legal innovation must keep pace with policy innovation.
*This article reports on Breakout Session 11, Stream C: International Law.