Category Archives: International Law

How to Block China at the WTO: Use GATT Articles XX-XXI

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Journal of Political Risk, Vol. 7, No. 9, September 2018 

A large naval ship is photographed in the middle of the ocean. A fighter aircraft is seen approaching to land on the ship from behind.

A PLAN Shenyang J-15 carrier-based fighter aircraft is preparing to land on Chinese aircraft carrier PLANS Liaoning (CV-16). Source: Wikimedia Commons.

William R. Hawkins

International Economics and National Security Consultant

The Ministry of Commerce of the People’s Republic of China (PRC) has announced it will file a complaint with the World Trade Organization (WTO) against the U.S. imposition of 25% tariffs on $16 billion worth of Chinese goods in August. This was the second tranche of tariffs imposed by President Donald Trump as the result of the U.S. Trade Representative’s (USTR) “findings of its exhaustive Section 301 investigation that found China’s acts, policies and practices related to technology transfer, intellectual property and innovation are unreasonable and discriminatory and burden U.S. commerce.” This second tranche brought the total of Chinese imports subject to higher duties to $50 billion, as announced in June. Beijing’s response was given by the state-owned People’s Daily: “By launching the complaint under the WTO dispute settlement mechanism, China is to safeguard free trade and multilateral mechanisms as well as its legitimate rights and interests.”

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After China’s Naval Modernization, It Seeks to Rewrite International Law and Exclude the U.S. from the South China Sea

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Journal of Political Risk, Vol. 6, No. 2, February 2018

A PLAN Shenyang J-15 carrier-based fighter aircraft is preparing to land on Chinese aircraft carrier PLANS Liaoning (CV-16). The aircraft carrier is located in the middle of the ocean.

A PLAN Shenyang J-15 carrier-based fighter aircraft is preparing to land on Chinese aircraft carrier PLANS Liaoning (CV-16). Source: Wikimedia Commons.

James E. Fanell

(Capt., USN, Ret.)

The People’s Republic of China (PRC) Ministry of Defense representative reportedly stated at this week’s Munich Security Conference that the PRC now interprets the United Nations Convention on the Law of the Sea (UNCLOS) as stating that naval forces are forbidden to operate in a coastal state’s Exclusive Economic Zone (EEZ) without said state’s prior permission.

This raises the question of why Beijing has now come to this “enlightened” position? Where was the PRC since 1949 as US Navy warships peacefully sailed the waters of the South China Sea over the past 70 years? Or where was the PRC from 1972 to 1982 as China participated in the American-led effort to craft and ratify UNCLOS? More importantly, why did Beijing not complain of US Navy operations in the South China Sea in 1996 when the PRC ratified UNCLOS?

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China’s Compromise of Duterte, the Selling of Philippine Sovereignty, and Risk to Western Market Share in Southeast Asia

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Journal of Political Risk, Vol. 6, No. 2, February 2018

Presidents Rodrigo Duterte (L) and Xi Jinping (R) sit side-by-side at the FIBA opening ceremony. A crowd is visible in the background. Both are wearing suits.

Presidents Rodrigo Duterte (L) and Xi Jinping (R) sit side-by-side at the FIBA opening ceremony. Source: Presidential Communications.

Anders Corr, Ph.D.

Publisher of the Journal of Political Risk

In his visit to China in October 2016, President Duterte of the Philippines broke with the United States and all but pledged allegiance to China. In February 2018, he joked that China could make the Philippines into a Chinese province, “like Fujian.” This joke was made at an event for the Chinese Filipino Business Club Incorporated (CFBCI), members of which stand to benefit from closer China-Philippine ties. Ambassador from China to the Philippines Zhao Jianhua (趙鑒華) reportedly smiled at Duterte’s jokes. Duterte again brought up an unfounded fear of war with China, which serves to justify his negotiations with the country. Duterte’s actions are destabilizing the Philippines and regional stability, and could threaten the regional market share of western companies.

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China Swaggers, But Time Not On Its Side

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Journal of Political Risk, Vol. 6, No. 1, January 2018

A group of People's Liberation Army (PLA) soldiers are photographed jogging in full inform on a plaza. Trees are visible in the background.

Group of People’s Liberation Army (PLA) soldiers in China. Gene Zhang via Flickr.

Arthur Waldron

University of Pennsylvania

I have some thoughts about the “year of doom” 2018 that appeared on the web yesterday. They are as follows:

(1) China has undertaken her dangerous policies for internal reasons. That is how China is. She has no pressing or other need for Scarborough Shoal in the Philippines EEZ, for example.

(2) We know (1) is true because Xi Jin Ping goes on an on about loyalty, reshuffles the army, creates the most boring flag raising ceremony in history, and was reported to get in a fight with a general about whether the army should be made national instead of party. Who after all is going to take a bullet for Xi? We need to get to the root of this domestic phenomenon, but how is an almost impossible question.

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Climate Change: Denialism, or Realism?

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Journal of Political Risk, Vol. 5, No. 6, June 2017

Three men are photographed in suits standing in front of a large poster with the words "EU-China Summit/Brussels 02.06.2017".

EU-China Summit, Brussels, 2017. Source: European Council President via Flickr.

Dave Schroeder
University of Wisconsin-Madison/Naval Officer

Climate change.

This issue is a lot more complex than people suspect for many deemed to be denying the facts.

What many people disagree on in good faith with respect to climate change is not that it’s occurring, nor what the impacts are, or what they may be in the future. Rather, it is what the collective response of the United States should be, and what other concerns — economic, national security, energy policy, diplomatic, etc. — that response should rightly be weighed against.

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