Chinese Lawfare in the South China Sea

Posted on July 12, 2022 by Assistant Editor

A Threat to Global Interdependence and Regional Stability

Journal of Political Risk, Vol. 10, No. 7, July 2022

Map of the South China Sea, with 9-dotted line highlighted in green. Source: CIA.

Priscilla Tacujan, Ph.D.
U.S. Department of Defense

China’s expansionism in the South China Sea (SCS) is underway, despite opposition from small littoral states and regional powers in the area. China is seeking to change the legal order governing maritime conduct by engaging in “lawfare”[1] and infrastructure-building on disputed waters as part of its maritime strategy. Lawfare enables Beijing to undermine established elements of international law and delegitimize neighboring states’ maritime claims. Claimant countries and the U.S. have argued for the importance of a rules-based approach that offers clear and uniform rules for maritime conduct. However, in the absence of enforcement mechanisms, China will likely continue to undermine international law, prevent littoral states from advancing their maritime claims, and threaten regional stability and global interdependence. Assessing and improving countermeasures currently in place, including enforcement mechanisms, existing maritime coalitions with regional allies and the U.S., and freedom of navigation (FON) operations may deter Chinese aggression and prevent the escalation of maritime conflicts in the SCS.

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Defeating China: Five Strategies

Posted on April 1, 2020 by admin

Journal of Political Risk, Vol. 8, No. 4, April 2020

Fighter jets of the U.S. Navy Blue Angels demonstration squadron fly over the Lincoln Memorial during the Fourth of July Celebration ‘Salute to America’ event in Washington, D.C., U.S., on Thursday, July 4, 2019. Source: Official White House Photo by Joyce N. Boghosian.

By Anders Corr, Ph.D.
Publisher of the Journal of Political Risk

Since 1989, when China massacred thousands of its own people in Tiananmen Square to stop a pro-democracy protest, the country has arguably grown into the world’s most powerful and centralized state. China’s GDP by purchasing power parity (PPP) is approximately $25.4 trillion, while the U.S. GDP PPP is only about $20.5 trillion.^[1] One man, Chinese President Xi Jinping, has almost total control of China’s economy and a leadership position for life. China’s authoritarian system, most recently, allowed the COVID-19 virus to become a pandemic. By the time it is controlled, it may have killed up to millions of people.

Compared to Xi Jinping, political leaders in democracies have comparatively little economic power. U.S. President Donald Trump, for example, has only partial control of the smaller (by purchasing power parity when compared to China) U.S. economy, and must be reelected in 2020 to continue his tenure for a maximum of an additional four years.

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What The Philippines Must Do To Defend Itself From China

Posted on September 9, 2019 by admin

Journal of Political Risk, Vol. 7, No. 9, September 2019

A U.S. marine watches as Philippine Marines raise their flag over the naval station against the backdrop of the ocean.

A U.S. marine watches as Philippine Marines raise their flag over the naval station, 1992. Source: NARA & DVIDS Public Domain Archive.

Sannie Evan Malala
West Visayas State University

The Philippines is strategically located in Southeast Asia, at the fault-line between Communist China and the democratic nations of the Americas and Europe. In the north is East Asia, full of wealthy market democracies in increasing conflict with China. To the southwest are countries seeking to defend their exclusive economic zones from China, including Indonesia, Vietnam, Malaysia, and Brunei. As China’s power grows, the fault-line is widening and trying to straddle the middle will only result in our falling into the chasm. The Philippines must choose a side – subservience to China or joining a coalition of the willing in defense of each country’s independence and democracy from the Chinese hegemon. The Philippines has yet to take advantage of its full potential and has become economically poor and militarily weak, primarily due to corruption, internal armed struggle, and its growing relationship with China. For the Philippines to avoid being a satellite of China, this is what we must do. Continue reading →

Canada’s Conflict With China Can Be Solved With Joint Tariffs By Democratic Allies

Posted on June 29, 2019 by admin

Journal of Political Risk, Vol. 7, No. 6, June 2019

(Front L-R) Brazil President Jair Bolsonaro, French President Emmanuel Macron, Indonesia President Joko Widodo, Chinese President Xi Jinping, US President Donald Trump, Saudi Arabia’s Crown Prince Salman, Japan Prime Minister Shinxo Abe, Argentine President Mauricio Macri, Russian President Vladimir Putin, Turkish President Recep Tayyip Erdogan, South Korean President Moon Jae-in, South African President Cyril Ramaphosa, Netherlands Prime Minister Mark Rutte, (Second row L-R) Spanish Prime Minister Pedro Sanchez, Egypt President Abdel Fattah el-Sisi, President of the European Commission Jean-Claude Juncker, Australia’s Prime Minister Scott Morrison, British Prime Minister Theresa May, India Prime Minister Narendra Modi, Canada Prime Minister Justin Trudeau, Italian Prime Minister Giuseppe Conte, European Union President of the European Council Donald Tusk, Senegal President Macky Sall, Chile President Sebastian Pinera and Singapore Prime Minister Lee Hsien Loong and third row’s invited guests attend the family photo during the G20 Osaka Summit in Osaka on June 28, 2019. Source: OECD Organisation for Economic Co-operation and Development via Flickr.

Anders Corr, Ph.D.
Publisher of the Journal of Political Risk

Canada is in an awkward dispute with China. On the one hand, it wants two Canadians, Michael Kovrig and Michael Spavor, released from detention, under conditions some would call torture. The lights are left on 24 hours a day, they cannot see loved ones, they undergo daily interrogations without legal counsel present, and they only get short visits from their consular officials once a month. On the other hand, Canada wants to comply with its extradition treaty with the U.S., which wants Meng Wanzhou for alleged lies to financial institutions in order to evade Iran sanctions. Perhaps more urgently, Canada wants to continue its lucrative trade with China. A solution is for other allied democracies, including in the U.S. and Europe, to use their substantial power to impose tariffs on China to help out their fellow democracy, Canada. Our neighbor to the north could do the same, in its own defense. Canadian tariffs against China, linked to demands for the release of Kovrig and Spavor, would likely get them freed overnight.

China is not too subtle about its demands. It wants Meng sent back safe and sound to China. Until then, apparently, the two Canadians will be detained and Canada will undergo increasing difficulty with its agricultural exports to China. All of Canada’s China problems will go away if it just signs on the line and releases her from home detention, according to China and its Canadian intermediaries.

The Kovrig-Spavor predicament is awkward for Canada because it is arguably a result of decades of democracies’ prioritization of trade over human rights issues. That includes Canada. Now that Canadian citizens have been targeted, Canada is wondering whether it is getting the same cold shoulder from its allies that it gave to human rights activists in the past.

The newly-found Canadian human rights concern for Kovrig and Spavor rings hollow after it largely ignored, for purposes of trade, the thousands killed by China at Tiananmen Square in 1989, and the 1-3 million Uyghurs and other Turkic Muslims detained in reeducation camps. By not taking a stronger stand on all of China’s human rights abuse, but instead focusing on just the two Canadians of the millions harmed by China, Canada undermines its own moral authority, and with it, any advocacy for the human rights of the two Canadians.

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China’s Technological and Strategic Innovations in the South China Sea

Posted on March 21, 2019 by admin

Journal of Political Risk, Vol. 7, No. 3, March 2019

Publisher of the Journal of Political Risk

Anders Corr, PhD

This article is a slight revision of a talk given on March 13, 2019, in New York City.

Introduction

A navy ship is depicted in the open ocean.

The Chinese People’s Liberation Army (Navy) (PLA(N) Luang II class guided-missile destroyer Xian (153) arrives at Joint Base Pearl Harbor-Hickam for Rim of the Pacific (RIMPAC), 2016. Source: Picryl.

Thanks very much for the invitation to speak today, and to all the members of the audience. I want to thank my good friend US Navy Captain James Fanell, who was Director of Intelligence for the US Pacific Fleet. He is not here, but he has been a mentor on the issues I’m covering, and assisted with comments to this presentation.

The full presentation is a combination of material from a book I edited that was published last year by the U.S. Naval Institute Press with the title – Great Powers, Grand Strategies: the New Game in the SCS, and my next book, on the strategy of brinkmanship. This presentation, however, will focus on how China is innovating in the South China Sea on technological and strategic levels.

In a short year since the book was published, the South China Sea conflict has heated up. On March 4 and March 7, 2019, USPACOM, which is the Asian equivalent of CENTCOM and for which I used to work, sent nuclear-capable B-52 bombers over the SCS, including one flight revealed today. USPACOM also recently revealed that China’s military activity in the SCS rose over the past year. China occupied a sand bar near the Philippines island of Pagasa, in the Philippine exclusive economic zone, or EEZ, and Chinese boats purposefully rammed and sunk a Vietnamese fishing boat in the Paracel Islands of the north west SCS, islands that both China and Vietnam claim.

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