Chinese Lawfare in the South China Sea

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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.

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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Rape: The Russian Tool of Conquest

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Journal of Political Risk, Vol. 10, No. 6, June 2022

Police uncover the body of Karina Yeshiva, 22, in Bucha. A forensics team of 3 is depicted excavating the body with specialised equipment in a sandy ditch.

Police uncover the body of Karina Yeshiva, 22, in Bucha. Witnesses say she was tortured, raped, and shot in the head by Russian soldiers. Source: DW.

Stephanie Wild
University of Cape Town

Since Russia’s invasion of Ukraine in February 2022, at least 4,000 civilians have been killed. Moscow has therefore been accused of targeting civilians. However, this is not the only tactic emerging. Acts of rape and sexual violence are also emerging as a weapon of war. In fact, the Office of the United Nations High Commissioner for Human Rights (OHCHR) released a report on the 3rd of June stating that they had already received allegations of 124 acts of conflict-related sexual assault in Ukraine. These reported assaults have mostly been against women and girls, ranging from gang rape, to coercion, to forcibly bearing witness to acts of sexual violence perpetrated against partners and children. Concerns surrounding human traffickers exploiting existing networks are also on the rise. A United Nations Security Council meeting, in particular, brought this to the attention of the world on June 6. 

Sexual violence being heavily associated with stigma and shame, the concern is that the actual figure is much higher than 124. A more accurate idea of the actual figure will only emerge with an end to the conflict. However, considering the number of reported sexual assaults, it is clear that Ukrainian women are the victims of sexual violence perpetrated by Russian soldiers each day. This points to a weaponization of sexual violence.  

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The Old World Order Endures

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Journal of Political Risk, Vol. 10, No. 6, June 2022

President Joe Biden is depicted addressing the nation in the Roosevelt Room. He is flanked by flags with a painting in the background while he speaks into a microphone with one arm raised.

President Joe Biden addresses the nation in the Roosevelt Room, 2022. Source: CNN.

William R. Hawkins
President of the Hamilton Center for National Strategy

President Joe Biden has been using the term “inflection point” in his speeches. At the U.S. Naval Academy on May 27 he said, “Class of 2022, you are graduating at an inflection point not only in American history but in world history. And I mean it. The challenge we face and the choices we make are more consequential than ever. Things are changing so rapidly that the next 10 years will be the decisive decade of this century, because they’re going to shape what our world looks like and the values that will guide it not just for the immediate future, but for generations to come.” Yet, he didn’t lay out what those changes would be. He moved directly to a discussion of Russia’s invasion of Ukraine, “A direct assault on the fundamental tenets of rule-based international order. That’s what you’re graduating into.” He then told them “You’ll learn to crew the most advanced ships in the world, train the most elite combat units, conduct undetected submarine missions, fly the most advanced fighter planes. But the most powerful tool that you’ll wield is our unmatched network of global alliances and the strength of our partnerships.”

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Implications of China’s Pacific Dream for the United States, Australia, and Allies

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Journal of Political Risk, Vol. 10, No. 6, June 2022

Chinese Foreign Minister, Wang Yi, and Solomons Islands Minister of Foreign Affairs and External Trade. The Solomons Islands and and Chinese flags feature in the background while each minister holds up a red document.

Chinese Foreign Minister, Wang Yi, and Solomons Islands Minister of Foreign Affairs and External Trade, Jeremiah Manele, 2019. Source: cnsphoto

Yan C. Bennett
Princeton University

John Garrick
Charles Darwin University

It is apparent that Xi Jinping’s Chinese Dream now includes the Pacific Ocean where his Foreign Minister Wang Yi has undertaken a Pacific Islands tour of broad scope and ambition. While  China’s economy is stagnating, it nevertheless continues to drive for increasing its world power as Minister Wang aims to finalise the China-Solomons Security agreement and has hosted a Pacific Island Foreign Ministers meeting whilst in Fiji. Wang’s proposals have prompted strong responses from the United States and its allies in the Indo-Pacific, in particular Australia and New Zealand.

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Nixon and Kissinger Talk China: Satire

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Journal of Political Risk, Vol. 10, No. 5, May 2022

A black and white image depicting Former President Nixon and Henry Kissinger engrossed in conversations the White House.

Former President Nixon and Henry Kissinger engrossed in conversation, 1972. Source: Wikimedia.

Tony Zielinski
Attorney at Law

Editor’s note: This satire is meant for purposes of humor and should not be interpreted as historically accurate. 

Henry Kissinger: Mr. President, I suggest we open up formal relations with Communist China and they will be our allies against the Soviet Union.

President Nixon: Do you feel we can trust their leader, Mao Tse Tung?

Henry Kissinger: Mao Tse Tung is the greatest mass murderer in history. He is responsible for more deaths than Adolf Hitler or Joseph Stalin.  He is a ruthless unscrupulous tyrant. So my answer is a most resounding yes.

President Nixon: Yes…I think I understand and can work with someone like that.

Henry Kissinger: A big challenge will be how we deal with Democratic and free Taiwan. They have been great friends and allies.  Communist China regards them as a renegade state and China will not rest until they conquer Taiwan and take away their freedoms. China will subjugate them to unspeakable brutality because they dared to have freedom of speech, freedom of press, and the right to vote for their elected representatives. Mao will never forgive them.

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