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Options for the U.S. to Deter China in the East & South China Seas

Lieutenant Colonel Christopher Curtin is a Field Artillery Officer with over 20 years of experience in the United States Marine Corps, including at the Pacific Division of Plans, Policies, and Operations at Headquarters Marine Corps.  Annie Kowalewski is a Chinese military and defense researcher at Georgetown’s Center for Security Studies. Divergent Options’ content does not contain information of an official nature nor does the content represent the official position of any government, any organization, or any group.

National Security Situation:  Chinese militarization of artificial islands in disputed waters in the East and South China Seas.

Date Originally Written:  March 1, 2018.

Date Originally Published:  March 12, 2018.

Author and / or Article Point of View:  The authors are a military member and a defense researcher.  The authors believe that Chinese actions in the East and South China Sea are destabilizing and threaten to shift the balance of power in the Asia-Pacific region.

Background:  China is showing no evidence of slowing down its territorial aspirations within the “nine dash line” and continues to emplace anti-aircraft guns and close-in weapons systems on its man-made islands in the East and South China Seas[1].  China also uses its maritime militia to bully neighboring countries and extend Chinese fishing rights and territorial reach.  The United States has thus far been unsuccessful in responding to or deterring these Chinese challenges to the status quo.

Significance:  Chinese actions represent a “salami-slicing” strategy aimed at slowly changing regional norms and asserting Chinese dominance in the East and South China Seas.  This strategy allows China to exert influence and establish itself as a regional hegemon, thereby threatening the balance of power and U.S. primacy in the region.  Chinese militarization and power projection also threaten the United States’ allies and security partners, some of which the United States is bound by treaty to offer security assistance.

Option #1:  The United States invests in capabilities-based deterrents that can deter specific Chinese actions.

Risk:  China has objected to the capabilities that provide this type of deterrent, such as the new F-35B fighter operating on naval vessels in the pacific[2].  China may use the deployment of these capabilities as an excuse to finally militarize islands such as the Scarborough Shoal.

Gain:  A capabilities-based deterrent will make Chinese islands in the East and South China Seas vulnerable and, ultimately, a military liability rather than an advantage.  New technologies such as the F-35B allow the United States more flexibility when operating in the Pacific, by providing U.S. and allied commanders with a 5th generation aircraft that is normally only employed off traditional U.S. aircraft carriers.  Option #1 would not only help offset the eventual Chinese People’s Liberation Army Navy (PLA(N)) numerical superiority in the Pacific, but also demonstrate the U.S. commitment to modernizing a capability that has been historically suited for military operations against static, geographically isolated island targets.  This option may help shift China’s risk calculus when deciding how aggressively it hopes to militarize the islands, once it realizes that increased island investment actually increases vulnerability instead of capability.

Option #2:  The United States invests in strategic deterrence by helping boost allies’ and security partners’ amphibious capabilities.

Risk:  Boosting allies’ and security partner amphibious capabilities runs the risk of antagonizing China.  China has already strongly condemned proposed amendments to the Japanese constitution calling for a larger defense budget[3].  China has been known to use economic and political coercion to pressure regional countries to adopt, or abandon, policies.

Gain:  Boosting allies’ and security partner amphibious capabilities will be key to creating a sea force able to challenge an increasingly capable PLA(N).  This option would also allow allies and security partners to better deal with Chinese salami-slicing activities by providing them with the capability to deter or engage the Chinese on their own, rather than rely on U.S. deployments and assistance[4].

Other Comments:  None.

Recommendation:  None.

Endnotes:

[1] Bader, Jeffrey. (2014). The U.S. and China’s Nine-Dash Line: Ending the Ambiguity. Retrieved from https://www.brookings.edu/opinions/the-u-s-and-chinas-nine-dash-line-ending-the-ambiguity/.

[2] Lockheed Martin. (2018). The F-26B Lightning II. Retrieved from https://www.f35.com/about/variants/f35b.

[3] Huang, Kristin. (2017, October 23). China to keep wary watch on Abe’s push to change pacifist constitution. Retreived from http://www.scmp.com/news/china/diplomacy-defence/article/2116635/china-keep-wary-watch-abes-push-change-pacifist.

[4] Erickson, Andrew. (2016, September 21). Seapower and Projection Forces in the South China Sea. Retreived from https://armedservices.house.gov/legislation/hearings/seapower-and-projection-forces-south-china-sea.

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Assessment of the Threat to Southeast Asia Posed by Illegal, Unregulated and Unreported Fishing

Blake Herzinger is a private-sector maritime security advisor assisting the U.S. Pacific Fleet in implementation and execution of the Southeast Asia Maritime Security Initiative and Pacific Command-wide maritime security efforts.  He served in the United States Navy as an intelligence officer in Singapore, Japan, Italy, and exotic Jacksonville, Florida.  His writing has appeared in Proceedings, CIMSEC and The Diplomat.  He can be found on Twitter @BDHerzinger.  Divergent Options’ content does not contain information of any official nature nor does the content represent the official position of any government, any organization, or any group. 

Title:  Assessment of the Threat to Southeast Asia Posed by Illegal, Unregulated and Unreported Fishing

Date Originally Written:  September 24, 2017.

Date Originally Published:  November 27, 2017.

Summary:  Regional conflict brews in Southeast Asia as states vie for access to fish stocks and, increasingly, rely on Illegal, Unreported and Unregulated Fishing (IUUF) to meet national requirements.  IUUF risks the collapse of targeted fish stocks, destroys the maritime environment, degrades internal security, and brings national security forces into increasingly-escalatory encounters.

Text:  Over one billion residents of the Asia-Pacific rely upon fish as their primary source of protein, and the fish stocks of the region are under a relentless assault[1].  Current estimates place IUUF at between 11 and 26 million metric tons (MMT) yearly (total legal capture is approximately 16.6 MMT yearly), with an estimated value loss to regional economies of $10-23.5 billion[2][3].  Over a 25 year period, fish stocks in the South China Sea have declined anywhere from 6 to 33 percent, with some falling as much as 40 percent over the last 5 years.  In 2015, at least 490 million people in Southeast Asia lived in chronic hunger, with millions of children throughout the region stunted due to malnutrition[4].

Illegal fishing’s pernicious by-product is the critical damage done to the maritime environment by those flouting fishery regulations.  As large fish become more scarce as a result of industrial-scale overfishing, smaller-scale fishermen turn to dangerous and illegal practices to catch enough fish to survive.  Blast fishing obliterates coral reefs and kills indiscriminately, but despite prohibitions continues at a rate of nearly 10,000 incidents a day in Philippines alone[5].  Cyanide fishing is also still widespread, despite being banned in several Southeast Asian countries.  Used to stun fish for live capture (for aquariums or regionally popular live fish restaurants), cyanide contributes to the devastation of coral reefs across the SCS.  Giant clam poaching also has deleterious effects on reefs across the region as poachers race to feed Chinese demand for these shellfish.  Reefs throughout the Coral Triangle are interdependent, relying on one another for pollination, and as the reefs are destroyed by poachers seeking short-term gains, or even by small fishermen eking out a subsistence lifestyle, the effects of collapse ripple outward across the region.  The region is approaching an inflection point at which the damage will be irreparable.

The People’s Republic of China (PRC), which accounts for one-third of global fish consumption and is the world’s largest seafood exporter, fittingly leads the way in aggressively protecting its fishing fleets with an overwhelmingly powerful coast guard that dwarfs any other maritime law enforcement body in Asia[6][7].  As IUUF and environmental destruction cut into maritime resources and competition for those increasingly scarce resources escalates, national maritime law enforcement and naval forces are being rapidly expanded and widely deployed to protect natural resources and domestic fishing fleets.  If unmanaged, the friction generated by these fleets’ increasing interaction could easily explode into violent conflict.

For many countries in the region, the state’s legitimacy rests largely upon its ability to provide access to basic necessities and protect its citizens’ livelihoods.  Tens of millions across East Asia and Southeast Asia depend on fisheries for employment and, in many cases, their survival.  Should fish stocks begin to fail, regional states’ foundations will be threatened.  The combination of inadequate food supply and loss of livelihood could reasonably be expected to spur civil unrest.  In a state such as Indonesia, where 54 percent of the population relies on fish as its primary animal protein, historically weak institutions and propensity for military intervention only amplify the potential consequences of food insecurity.  In the PRC, the Chinese Communist Party (CCP) actively encourages illegal fishing to provide its 1.379 billion people with the fish, seafood and marine products that its lower-and-middle-class, as well as elites, expect.  Legitimacy of the CCP, at least in part, is dependent on the continued production of regional fisheries and desire to buttress its legitimacy will continue to drive this vicious cycle.

The above mentioned calamities can occur in isolation, but they are most often interlinked.  For instance, in the infamous 2012 Scarborough Shoal incident, Philippines maritime law enforcement boarded a PRC fishing boat that had been engaged in giant clam and shark poaching, as well as coral reef destruction.  Armed PRC maritime law enforcement vessels intervened and sparked an external dispute that continues in 2017[8].  Ensuing flame wars between Filipino and Chinese hackers and economic measures enacted by the PRC against the Philippines threatened stability in both the domestic and international spheres of both countries.  The threat posed by IUUF is not just about fish, its direct and follow-on effects have the potential to drag Southeast Asia into disastrous conflict.

Endnotes:

[1] Till, G. (2013). Seapower: a guide for the 21st century. London: Routledge Ltd.

[2] Caputo, J. (2017). A Global Fish War is Coming. Proceedings, 143(8), 1,374. Retrieved October 10, 2017, from https://www.usni.org/magazines/proceedings/2017-08/global-fish-war-coming

[3] One of the World’s Biggest Fisheries Is on The Verge of Collapse. (2017, August 02). Retrieved October 25, 2017, from https://news.nationalgeographic.com/2016/08/wildlife-south-china-sea-overfishing-threatens-collapse/

[4] Asia-Pacific region achieves Millennium Development Goal to reduce hunger by half by 2015. (2015, May 28). Retrieved October 25, 2017, from http://www.fao.org/asiapacific/news/detail-events/en/c/288506/

[5] Guy, A. (n.d.). Local Efforts Put a Dent in Illegal Dynamite Fishing in the Philippines. Retrieved October 25, 2017, from http://oceana.org/blog/local-efforts-put-dent-illegal-dynamite-fishing-philippines

[6] Jacobs, A. (2017, April 30). China’s Appetite Pushes Fisheries to the Brink. Retrieved October 25, 2017, from https://www.nytimes.com/2017/04/30/world/asia/chinas-appetite-pushes-fisheries-to-the-brink.html

[7] Asia-Pacific Maritime Security Strategy (Rep.). (2015, August 14). Retrieved https://www.defense.gov/Portals/1/Documents/pubs/NDAA%20A-P_Maritime_SecuritY_Strategy-08142015-1300-FINALFORMAT.PDF

[8] Are Maritime Law Enforcement Forces Destabilizing Asia? (n.d.). Retrieved October 25, 2017, from https://csis-ilab.github.io/cpower-viz/csis-china-sea/

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America First Foreign Policy in the South China Sea

Captain Geoffrey Gage, U.S. Navy, is a Federal Executive Fellow at The Brookings Institution Center for 21st Century Security and Intelligence in Washington, DC.  The views expressed by the author are his own and do not reflect those of the U.S. government, the Department of Defense, or the U.S. Navy.  Divergent Options’ content does not contain information of an official nature nor does the content represent the official position of any government, organization, or group.

National Security Situation:  People’s Republic of China (PRC) land reclamation and coercive maritime activity in the South China Sea (SCS) contradicts international law and threatens U.S. national interests while a nascent U.S. foreign policy and other strategic challenges limit U.S. options.

Date Originally Written:  February 10, 2017.

Date Originally Published:  April 10, 2017.

Author and / or Article Point of View:  The author believes that current U.S. foreign policy, though limited in detail, provides a starting point for addressing the security situation in the SCS.

Background:  Among the competing claims in the SCS, the PRC considers most of the SCS sovereign territory.  Recent PRC maritime interference, land reclamation and fortification in the SCS constitute the most assertive claims and, despite international condemnation, have achieved de facto control of new territory.  More broadly, in dealing with SCS and other international relations issues, the PRC prefers bi-lateral problem solving in search of “win-win” outcomes, while prizing clout that derives from participation in multi-lateral fora, military exercises, and summit meetings[1].

Nascent U.S. foreign policy under the Trump administration, labeled “America First,” prioritizes defeating the Islamic State of Iraq and Syria and rebuilding the military.  “Embracing diplomacy” is a stated intention while better trade deals for the U.S. are a constant theme[2].  Administration statements and actions have generally supported these priorities, though the President’s fiscal year 2017 budget suggests fewer fiscal resources for diplomacy.  In the near term this adds up to an economy of force: military operations focused in the Middle East, managing security commitments elsewhere in order to rebuild readiness, and forging advantageous trade deals.

Significance:  The security situation in the SCS threatens regional stability and the security of sea lanes.  The SCS is the maritime crossroads for trillions of dollars in trade between globally dispersed producers and consumers.  The SCS is also important for U.S. naval forces operating between the Pacific and Indian Oceans in support of regional alliance commitments and, more generally, maintaining freedom of the seas[3].

The SCS is not a vital national interest for the U.S.  The SCS is not as critical to U.S. national security as the prospect of North Korean nuclear armed intercontinental ballistic missiles.  Nevertheless, the security situation in the SCS is very important to the U.S. because of its alliance commitments and the potential for military conflict, indirect economic harm, and degradation of international norms.

The PRC view of the “South Sea” as a vital national interest explains, though does not excuse, their actions.  In addition to vital trade flows, the SCS offers an extension of PRC military capability.  What’s more, Communist Party of China (CPC) legitimacy derives in part from SCS adventurism.  In advance of this year’s 19th CPC Congress, even the status quo gains in the SCS may be sufficient for the party—and President Xi—to claim success and retain tight control.

The April 2017 U.S.-PRC summit will likely focus on basic relationship building, North Korea and trade.  The SCS security situation, if left unaddressed, could be construed as tacit U.S. acceptance.  A reasonable near-term objective may be to maintain the status quo.  Given emerging “America First” foreign policy priorities, U.S. SCS options are captured in two distinct categories, Indirect and Direct.

Option #1:  Indirect Approach.  Leverage issues outside of the SCS to influence the PRC in the SCS.  For example, tie the conditions of trade agreements to PRC actions in the SCS.  Another option is greater U.S. patience on North Korea in exchange for the PRC’s cooperation in the SCS.  A less fraught military option would be to exclude the PRC from participation in combined exercises such as Rim of the Pacific subject to better behavior in the SCS.  This approach hinges on the U.S. “ask,” ranging from maintenance of the status quo to reversal of the PRC’s SCS island reclamation and fortification.

Risk:  Linking largely disparate issues may confuse U.S. priorities and further complicate relations with the PRC.  Option #1, in the case of North Korea, could be perceived by South Korea as a sell-out for a less important issue, creating acrimony between allies and further destabilizing the situation on the Korean peninsula.  Similarly, if the PRC perceives its position in the SCS as an existential one, it may refuse to “give” on trade agreements, sparking a trade war.

Gain:  Option #1 effectively makes the SCS more important to the U.S. from the PRC’s perspective.  Success of this option depends on limited objectives and reasonable demands.  If executed deftly, these indirect levers to stabilize the situation in the SCS could yield progress across a range of mutually important Asia-Pacific challenges while keeping the issue safely on the back burner.

Option #2:  Direct Approach. Focus efforts in the SCS region.  Sustain the long-standing policy of routine military presence, including U.S. Navy freedom of navigation operations (FONOPS) near the contested land features.  Conducting FONOPs and other military operations in the region is an obvious lever, with the option to adjust the frequency and nature of those measures, including land-based exercises with local allied and partner nations.  Drawing “red lines” against further island reclamation or fortification is a logical consideration given past administration statements.  Targeted economic sanctions on PRC entities supporting SCS activities is another lever.  A novel and riskier measure would be to abandon U.S. neutrality with respect to claims in the SCS and endorse a solution—one that might include certain PRC claims.  Finally, the U.S. could tie maintenance of the One China policy to the security situation in the SCS—a direct measure because Taiwan is an SCS claimant whose nationalist forbearers conceived of the nine-dashed line[4].

Risk:  Option #2 presents an array of risks, not least being a military confrontation that could undermine broader U.S. strategic priorities.  In particular, drawing red lines in the SCS would dramatically increase the risk of confrontation, as would linking the One China policy to SCS issues.  Mitigating the risk of a direct approach is done through incremental steps that are mindful of the broader regional situation.

Gain:  Option #2 is unambiguous and reinforces U.S. commitment and resolve on the key issues of freedom of navigation, territorial integrity and treaty obligations.  The direct approach also contains the issue to the SCS, de-linking the matter from higher-priority issues facing the U.S. and the PRC.

Other Comments:  As the new U.S. administration develops a comprehensive national security strategy, foreign challenges and crises will not wait.  Every “environmental monitoring station,” surface-to-air missile site and high seas harassment in the international waters of the SCS constitutes a “win-lose” in the Sino-American relationship.

Recommendation:  None.

Endnotes:

[1]  Foreign Ministry of PRC. (2017). China’s Policies on Asia-Pacific Security Cooperation (http://www.fmprc.gov.cn/mfa_eng/zxxx_662805)

[2]  Trump, Donald J., President. (2017). America first foreign policy. https://www.whitehouse.gov/america-first-foreign-policy

[3]  Mission of the U.S. Navy. http://www.navy.mil/navydata/organization/org-top.asp

[4]  Fisher, M. (2012, November 26). Here’s the Chinese passport map that’s infuriating much of Asia. Retrieved April 08, 2017, from https://www.washingtonpost.com/news/worldviews/wp/2012/11/26/heres-the-chinese-passport-map-thats-infuriating-much-of-asia/

 

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U.S. Options for the People’s Republic of China’s Maritime Militias

Blake Herzinger served in the United States Navy in Singapore, Japan, Italy, and exotic Jacksonville, Florida.  He is presently employed by Booz Allen Hamilton and assists the U.S. Pacific Fleet in implementation and execution of the Southeast Asia Maritime Security Initiative.  His writing has appeared in Proceedings and The Diplomat.  He can be found on Twitter @BDHerzinger.  Divergent Options’ content does not contain information of any official nature nor does the content represent the official position of any government, any organization, or any group. 

National Security Situation:  People’s Republic of China (PRC) Maritime Militias operating in the East China Sea (ECS) and South China Sea (SCS).

Date Originally Written:  February 21, 2017.

Date Originally Published:  April 6, 2017.

Author and / or Article Point of View:  Author believes in freedom of navigation and maintenance of good order at sea in accordance with customary and written law of the sea.  The article is written from the point of view of U.S. sea services leadership toward countering PRC maritime irregulars at sea.

Background:  The PRC employs irregular militia forces at sea alongside naval and maritime law enforcement units.  By deploying these so-called “blue hulls” manned by un-uniformed (or selectively-uniformed) militiamen, the PRC presses its maritime claims and confronts foreign sea services within a “gray zone[1].”  In keeping with national traditions of People’s War, PRC Maritime Militias seek advantage through asymmetry, while opposing competitors whose rules of engagement are based on international law.  The PRC Maritime Militia participated in several of the most provocative PRC acts in the SCS, including the 2009 USNS Impeccable incident, the seizure of Scarborough Shoal in 2012, and the 2014 China National Offshore Oil Corporation (CNOOC) 981 confrontation with Vietnam that also involved the smaller Vietnam Maritime Militia[2].

Significance:  On its surface, employing irregular forces may be an attractive option for a state facing a more powerful opponent, or for a state interested in “a less provocative means of promoting its strategic goal of regional hegemony” such as the PRC[3].  However, incorporating these irregular forces into a hybrid national strategy has deleterious impacts on the structure of the international legal system, particularly in maritime law and the laws of naval warfare[4].  PRC Maritime Militias’ use of “civilian” fishing vessels to support, and conduct, military operations distorts this legal structure by obfuscating the force’s identity and flaunting established international legal boundaries.

Option #1:  U.S. political and military leaders engage the PRC/People’s Liberation Army (Navy) (PLAN) directly and publicly on the existence and operations of the Maritime Militia, insist upon adherence to internationally-accepted legal identification of vessels and personnel[6], and convey what costs will be imposed on the PRC/PLAN if they do not change their behavior.

As an example, the Commander U.S. Pacific Fleet, Admiral Scott Swift, has voiced his frustration with PLAN unwillingness to acknowledge the existence of the PRC Maritime Militia and its relationships with state law enforcement and military forces[5].  In the event that the PRC declines to engage in dialogue regarding the Maritime Militia, discontinuing PLAN participation in the Rim of the Pacific exercise is the suggested response.

Risk:  Without clearly attaching costs to continued use of militia forces in operations against the USN, Option #1 is unlikely to affect PRC behavior.  Conveying possible imposed costs carries risk of further-degrading relations between the U.S. and PRC, but it is precisely PRC perceptions of their behavior as costless that encourages the behaviors exhibited by the PRC’s Maritime Militia[7].

Gain:  Option #1 is an excellent opportunity for the U.S. to underline its commitment to good order at sea and a rules-based maritime order.  By encouraging the PRC to acknowledge the Maritime Militia and its associated command structure, the U.S. can cut through the ambiguity and civilian camouflage under which the Maritime Militia has operated unchallenged.  In the event that the PRC declines to engage, conveying the possible imposition of costs may serve as a warning that behavior negatively affecting good order at sea will not be tolerated indefinitely.

Option #2:  U.S. Pacific Command’s Joint Interagency Task Force West (JIATF-W) assists the Association of Southeast Asian Nations (ASEAN) in developing and implementing an organic maritime domain awareness (MDA) capability with domestic, and international, interagency sharing and response capability.  For the purposes of this article, MDA will be understood to be a host-nation’s ability to “collect, fuse, analyze and disseminate maritime data, information and intelligence relating to potential threats to [its] security, safety, economy or environment[8].”

Risk:  Close to a score of abandoned information portals and sharing infrastructures have been tried and failed in Southeast Asia, a cautionary tale regarding the risk of wasted resources.  Building upon over 20 years of JIATF-W’s experience should help to mitigate this risk, so long as an MDA solution is developed cooperatively and not simply imposed upon ASEAN.

Gain:  By providing focused and long-term support to an ASEAN-led solution, the U.S. can make progress in an area where MDA has been plagued by reticence, and occasionally inability to share vital information across interagency and national borders.  Shared awareness and cooperation at sea will combat the ability of the PRC Maritime Militia to operate uncontested in the SCS by enabling more effective law enforcement and naval response by affected countries.  Working through existing regional institutions such as Singapore’s Information Fusion Centre would add increased value to Option #2.

Option #3:  Utilize U.S. Coast Guard (USCG) to provide law enforcement and maritime safety training support to states bordering the ECS/SCS interested in creating their own maritime militias.

Risk:  Expanding a concept that is damaging the rules-based order may increase the rate of disintegration of good order at sea.  Any observable indication that the U.S. is encouraging the creation of irregular maritime forces would likely be viewed negatively by the PRC.  Option #3 carries risk of engendering diplomatic or military conflict between the U.S. and PRC, or between the PRC and U.S. partners.

Gain:  Option #3 might provide some level of parity for states facing PRC militia vessels.  Vietnam has already made the decision to pursue development of a maritime militia and others may follow in hopes of countering the PRC’s irregular capability.  USCG involvement in the organizational development and training of militias might provide some limited opportunities to shape their behavior and encourage responsible employment of militia forces.

Other Comments:  Encouragement for the expansion of the Code for Unplanned Encounters at Sea (CUES) is not addressed.  The CUES  was adopted during the 2014 Western Pacific Naval Symposium (WPNS) and provides a basis for communications, maritime safety, and maneuvering guidelines for use by ships and aircraft in unplanned encounters at sea.  CUES is not a legally binding document, but an agreed-upon protocol for managing potentially escalatory encounters in the Pacific[9].  This author believes coast guards adjoining the contested areas of the ECS and SCS will continue to resist CUES adoption in order to maintain operational latitude.  Given the reticence of coast guards to accede to the agreement, drawing PRC Maritime Militia into CUES seems an unrealistic possibility.

Recommendation:  None.

Endnotes:

[1]  The South China Sea’s Third Force: Understanding and Countering China’s Maritime Militia, Hearings on Seapower and Projection Forces in the South China Sea, Before the Subcommittee on Seapower and Projection Forces, 114th Cong., 1 (2016)(Statement of Andrew S. Erickson, U.S. Naval War College). http://docs.house.gov/meetings/AS/AS28/20160921/105309/HHRG-114-AS28-Wstate-EricksonPhDA-20160921.pdf

[2]  Conor M. Kennedy and Andrew S. Erickson, “Model Maritime Militia: Tanmen’s Leading Role in the April 2012 Scarborough Shoal Incident,” CIMSEC, 21 April 2016, http://cimsec.org/model-maritime-militia-tanmens-leading-role-april-2012-scarborough-shoal-incident/24573

[3]  James Kraska and Michael Monti, “The Law of Naval Warfare and China’s Maritime Militia,” International Law Studies 91.450 (2015): 465, http://stockton.usnwc.edu/cgi/viewcontent.cgi

[4]  Ibid.

[5]  Christopher Cavas, “China’s Maritime Militia a Growing Concern,” DefenseNews, November 21, 2016,  http://www.defensenews.com/articles/new-website-will-allow-marines-to-share-training-videos

[6]  The South China Sea’s Third Force: Understanding and Countering China’s Maritime Militia, Hearings on Seapower and Projection Forces in the South China Sea Before the Subcommittee on Seapower and Projection Forces, 114th Cong., 1 (2016)(Statement of Andrew S. Erickson, U.S. Naval War College). http://docs.house.gov/meetings/AS/AS28/20160921/105309/HHRG-114-AS28-Wstate-EricksonPhDA-20160921.pdf

[7]  The Struggle for Law in the South China Sea, Hearings on Seapower and Projection Forces in the South China Sea Before the Subcommittee on Seapower and Projection Forces, 114th Cong., 1 (2016) (Statement of James Kraska, U.S. Naval War College).

[8]  Secretary of the Navy Approves Strategic Plan for Maritime Domain Awareness, U.S. Navy, Last updated 8 October 2015, http://www.navy.mil/submit/display.asp? story_id=91417

[9]  Document: Code for Unplanned Encounters at Sea, USNI News, Last updated 22 August 2016, https://news.usni.org/2014/06/17/document-conduct-unplanned-encounters-sea

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Options for the People’s Republic of China following the Taiwan Strait Crisis of 1996

Captain Robert N. Hein is a career Surface Warfare Officer in the U.S. Navy.  He previously commanded the USS Gettysburg (CG-64) and the USS Nitze (DDG-94).  He can be found on Twitter @the_sailor_dog.  Divergent Options’ content does not contain information of an official nature nor does the content represent the official position of any government, any organization, or any group.  

“Hence to fight and conquer in all your battles is not supreme excellence, supreme excellence consists in breaking the enemy’s resistance without fighting, thus the highest form of generalship is to balk the enemy’s plans.”  -Sun Tzu  

National Security Situation:  The People’s Republic of China (PRC) is vying to establish itself as the Asian Hegemon.  What caused this rapid shift in the PRC’s foreign Policy?  Why, after decades of growth, where the PRC was ascribed the long view, has it rapidly accelerated military growth, reorganization, and a diplomatic and economic expansion across the world stage in a scale not seen since Zheng He’s voyages of the 15th century?

Date Originally Written:  February 2, 2017.

Date Originally Published:  April 3, 2017.

Author and / or Article Point of View:  This article is taken from the point of view of the PRC toward the U.S in the two decades following the third Taiwan Straight crisis of 1996.

Background:  In 1995, Taiwan’s president visited the U.S. to attend his graduate school reunion at Cornell.  His visit, coupled with the U.S. sale of F-16s to Taiwan, incensed the PRC at what they viewed as possible changes in the U.S. and Taiwan view of the One China Policy.  The PRC commenced a series of missile tests near Taiwan.  The U.S. responded by sending two aircraft carriers to the vicinity of the Strait of Taiwan[1].  The PRC realized they could do little to respond to U.S. actions and needed a way to ensure they never experienced this humiliation again.

Significance:  The law of unintended consequences often applies to national security.  While U.S. action in 1996 was a clear demonstration of U.S. resolve, the PRC’s response has been to pursue a series of actions to reduce and possibly prevent the ability of the U.S. to influence events in Asia.

Option #1:  After viewing the U.S. way of war against Serbia, Afghanistan, and Iraq, whereby the U.S. consistently pushes its aircraft carriers close to the coast and launches strike fighters and tomahawk land attack missiles against targets ashore, the PRC must find a way to extend its borders out to sea into the ocean.  This can be accomplished by placing relatively cheap long-range anti-ship missile batteries along the shore, increasing the number of ships and submarines in the People’s Liberation Army Navy and, in a bold stroke, build islands in the South China Sea (SCS), and claim the surrounding waters as historical boundaries of the PRC.

Risk:  There is a real danger that the U.S. will react to the build-up of PRC forces and rebuild its navy to maintain global influence.  Previous U.S. administrations justified naval build ups to counter the Soviet threat however, by keeping activities below the threshold of armed conflict, we believe the U.S. will not be able to convince its public of the need for a large military buildup, especially following the years of conflict the U.S. has recently experience in the Middle East.  While Asian nations could turn to the U.S. out of fear, this can be mitigated through strong economic measures.  Asian nations may also attempt to challenge the PRC in the international courts, but the lack of enforcement measures in the international system removes this a real concern.

Gain:  Option #1 will prevent U.S. access to the waters they need to block the PRC from maneuvering against Taiwan.  Due to the proliferation of short-range fighters, and the lack of anti-surface capability of many U.S. warships, the ability of the U.S. to offer a timely response to a forcible re-unification of Taiwan could be prevented.

Option #2:  When we look back to Sun Tzu, and realize the best course of action is to attack the enemy’s strategy, we must determine what other strategy the enemy could impose.  While Option #1 will be effective in countering the U.S. ability to easily execute its traditional means of bombardment from the sea, another option is available to the U.S.; the long-range containment strategy used against the Soviet Union could possibly be executed with a long-range blockade.  By focusing on key choke points such as the Strait of Hormuz and the Bab Al-Mandeb from the Red Sea, an adversary could block much-needed commodities such as oil and rare earth elements needed in the PRC defense industry.  Just as the PRC invoked the historical nine-dash line to establish autonomy in the SCS, revitalizing the historical one belt one road to connect Asia to Europe and Africa will easily stop any means of isolating or containing the PRC.  By continuing investment throughout the world, especially in economically disenfranchised areas, the PRC can prevent the types of alliances used by the U.S. during the Cold War to isolate the Soviet Union.

Risk:  If the PRC moves out too quickly, it spreads itself too thin internationally, and risks alienating the very countries with whom it hopes to partner.  The drain on resources over time will become increasingly difficult.  The PRC’s ability to be a free rider on U.S. security will winnow as other countries will expect the same from the PRC.

Gain:  The PRC establishes itself as a both a regional hegemon, and a global power.  The PRC asserts influence over the global economy and geopolitics to rival the U.S. in a multi-polar world.  Option #2 removes the ability of the U.S. to polarize the eastern hemisphere against the PRC.

Other Comments:  Through a rapid economic development program centered on an export economy in a globalizing world, the PRC has embarked on a multitude of options, covering the diplomatic, informational, military and economic spectrum.  It has employed both above options, which have caused the world to react, often favorably to the PRC.  The question for the PRC now is how to maintain the momentum, solidify their role in a changing world order, and not show their hand too quickly lest they implode.  The question for the U.S. is whether it will continue to pursue the U.S. way of war that has been studied so ably by the PRC, or pursue other options as it both cooperates and competes with the PRC on a rapidly evolving world stage.

Recommendation:  None.

Endnotes:

[1]  Ross, Robert, International Security, Vol 25, No 2 (Fall 2000) p 87 The 1995-96 Taiwan Strait Confrontation

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South China Sea Options: An Alternative Route

“The Black Swan” is an officer and a strategist in the U.S. Army.  He has deployed to Iraq and Afghanistan.  He has been a company commander, and served at the battalion, brigade, division, and Army Command (ACOM) level staffs.  The opinions expressed are his alone, and do not reflect the official position of the U.S. Army, the Department of Defense, or the U.S. Government.  Divergent Options’ content does not contain information of an official nature nor does the content represent the official position of any government, organization, or group.

National Security Situation:  Japan is one of the most stalwart allies of the United States (U.S.) in Asia.  The U.S. guarantees Japanese security and sovereignty.  Japan serves as one of the principal rivals of the People’s Republic of China (PRC) in Asia.  Japan is an island, however, and depends upon seaborne trade routes, especially those that transit through Southeast Asia.  PRC claims of sovereignty over virtually the entire South China Sea (SCS) pose a direct threat to Japanese security.

Date Originally Written:  January 29, 2017.

Date Originally Published:  March 30, 2017.

Author and / or Article Point of View:  This article is written from the point of view of Japan towards PRC claims in the SCS.

Background:  For the greater part of recorded history, Japan has been a rival of the PRC.  All Japanese attempts to dominate the Asian mainland however, have ended in failure.  The defeat of Japan during WWII decisively put an end to Japanese Imperial ambitions.  Since the end of the Allied post-WWII occupation in 1952, Japan has been one of the most stalwart allies of the U.S. in Asia, and a bastion of western values.  Japan is an economic powerhouse, a vibrant democracy, and possesses an extremely formidable military.  For those reasons, as well as historical animosity, Japan is one of, if not the main rival, of the PRC in Asia.

The lifeblood of Japan’s prosperity flows through the Straits of Malacca, and then northeast through the SCS en route to Japan.  The PRC has laid claim to the SCS as sovereign territory throughout modern history, as well as Taiwan, and Japan’s own Senkaku Islands.  Events in the 21st century have reached a culminating point.  While Japan and the U.S. have guaranteed the inviolability of Japan’s claims to the Senkaku Islands, the PRC has gained de facto sovereignty over the SCS.  The PRC has done so by the construction, improvement, and militarization of artificial islands.  The PRC has vowed to defend its claims, and no member of the international community has chosen to challenge them, beyond legal arbitration through the United Nations.  Recent PRC assertiveness has its roots in an impressive regimen of military modernization and diplomatic initiatives colloquially called the “rise of China”.

Significance:  The PRC control of virtually the entire SCS poses a direct threat to Japan.  The PRC could coerce or compel Japan in any number of ways by cutting or hindering maritime traffic to Japan as it transits out of the Straits of Malacca.  In the event of war, Japan would be at a distinct disadvantage for the aforementioned reasons, to say nothing of its close proximity to the PRC.

Option #1:  Japan diverts inbound maritime traffic immediately until such a time as the issue of the SCS reaches an acceptable resolution.  Maritime traffic exiting the Straits of Malacca/Singapore would transit through the Java to Celebes to Philippine Sea route.  Simultaneously, Japan invests in improving Indonesian and Philippine port facilities/infrastructure along the proposed route.

Risk:  Cost and time.  The current route through the SCS is the shortest route and therefore the cheapest.  Option #1 entails a significant increase in the cost of shipping.  Furthermore, it will be a significant diplomatic effort for Japan to induce the Indonesian government to allow transit on this scale through its territorial waters.  Option #1 will require further diplomatic and economic effort to induce the Indonesian and Philippine governments to allow investment in the type of upgrades to their facilities that would be necessary to sustain such traffic.  Also, this option may embolden the PRC and result in a loss of face for Japan, as it will be perceived that the PRC is driving Japan out of the SCS.

Gain:  Safety for shipping bound for Japan.  This option completely skirts all PRC territorial claims.  Option #1 entails the cultivation of alliances with several Southeast Asian nations.  Furthermore, Option #1 establishes a buffer zone by placing multiple nations, and miles of blue water ocean, between the PRC’s navy and Japanese shipping.  In the event of war between the PRC and Japan, this route would be most difficult to interdict.

Option #2:  Japan immediately begins regular freedom of navigation patrols with its maritime self-defense force (M-SDF) through the SCS, with the option to provide armed escorts to critical maritime traffic.  Simultaneously, Japan seeks military cooperation with SCS claimants other than the PRC (e.g. Vietnam, Indonesia, the Philippines) to protect maritime traffic.

Risk:  The regular deployment of M-SDF ships to the SCS would be viewed as an escalation by the PRC, and an infringement on its sovereignty.  The likelihood of a stand-off at sea would be high (especially if this is a coalition of Southeast Asian nations), with the correlating risk of miscalculation in the use of force becoming casus belli.  Additionally, the more M-SDF ships that are deployed away from the home islands are the more ships that are unavailable to defend the Japanese mainland.

Gain:  This option would establish Japan as the leader against PRC encroachment.  The operational experience and partnerships gained would be invaluable.  Most importantly, this option virtually guarantees U.S. support, if Japan is perceived to be burden-sharing, but especially if Japan is threatened or attacked.  Practically, beginning and sustaining such patrols early on gives the PRC the flexibility to adjust to a new status quo without a loss of face.

Other Comments:  It has been well established here, but is a refrain of paramount importance – Japan must have access to maritime shipping to survive.  Japan can rely on U.S. support, but must stand ready to safeguard its own interests.  Both options presented here have cooperation and alliances with other nations as a common theme.  Operationalizing that theme is the best way for Japan to weather events in the SCS.

Recommendation:  None.

Endnotes:

None.

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U.S. Partnership Options in the South China Sea

Brett Wessley is an officer in the U.S. Navy, currently assigned to U.S. Pacific Command.  The contents of this paper reflect his own personal views and are not necessarily endorsed by U.S. Pacific Command, Department of the Navy or Department of Defense.  Connect with him on Twitter @Brett_Wessley.  Divergent Options’ content does not contain information of an official nature nor does the content represent the official position of any government, any organization, or any group.

National Security Situation:  Conflicting territorial claims in the South China Sea (SCS).

Date Originally Written:  January 21, 2017.

Date Originally Published:  March 27, 2017.

Author and / or Article Point of View:  The author is a U.S. Naval Officer serving on staff duty at U.S. Pacific Command.  The article is written from the point of view of U.S. policymakers weighing options in Southeast Asia and the SCS.

Background:  Philippine President Rodrigo Duterte’s decision to table the Hague’s Permanent Court of Arbitration June 2016 ruling was a strategic setback for the U.S.[1].  While the Hague’s ruling legally invalidated the People’s Republic of China (PRC) “Nine Dash Line” under the U.N. Convention on the Law of the Seas (UNCLOS), Duterte’s increased ties to the PRC and deteriorating relationship with the U.S. have led to a potential “fait accompli” in the SCS.  Instead of pressing their claims through international engagement, the Philippines has decided to engage the PRC solely through bilateral forums, and the status quo of the PRC occupying and building islands in the SCS will continue unopposed by the principal aggrieved party.

Significance:  The SCS represents a strategic point of friction between the PRC and the international community, particularly with the U.S.  While territorial disputes in the Senkaku Islands and Taiwan involve major military powers and treaty alliances with the U.S., the international environment in the SCS is more permissive to incremental PRC actions to acquire territory (aka “salami slicing”)[2].  The Philippines is the only regional treaty ally to the U.S., and Duterte’s sidelining of the Hague’s ruling imperils regional neighbors like Vietnam, Malaysia and Indonesia – all of whom have territorial disputes with the PRC’s Nine Dash Line.  The danger for the U.S. is that the PRC may militarize its expansive holdings in the SCS and expand the People’s Liberation Army’s defensive perimeter to the south, thus reinforcing the PRC’s counter-intervention capabilities.

Option #1:  The U.S. repairs relations with Duterte and restore the alliance with the Philippines.

Risk:  Duterte has pushed numerous controversial policies within the Philippines during his short tenure as President, namely the extrajudicial killings of drug-related criminals[3].  Duterte’s rhetoric has been alienating and crude, particularly when involving the U.S. and the previous Obama Administration.  Duterte’s strong feelings about the U.S. are deeply rooted within his personal life and Philippine history, and this bias may be insurmountable through diplomacy.  Furthermore, the PRC has offered Duterte significant economic development and loans, all of which were aimed at dissuading him from aggressively pursuing the Hague’s ruling and improving relations with the U.S.

Even if the U.S. was successful in repairing the relationship with Duterte and the Philippines, doing so may create a perception that the U.S. will accept undermining the rule of law in return for strategic concessions.  This messaging is contrary to the U.S.’ position on the SCS and territorial disputes, in addition to open governance and a rules-based international system.  The greatest risk is that in persuading Duterte to move forward with the Philippine’s legal case against the PRC, the U.S. may be forced to abandon the international principles driving its foreign policy.

Gain:  Improved relations with Duterte and the Philippines would restore the U.S.’ foothold in the SCS for promoting a rules-based international system.  The Philippines is a treaty ally and historical partner of the U.S., and it is unlikely that a closer relationship could be formed with other SCS nations.  Additionally, the Philippines successful legal case against the PRC provides legitimacy to its territorial claims – namely against the illegal PRC seizures of several reefs and fishing grounds in the SCS[4].  Although the weakness of the Philippine Navy and Coast Guard has prevented aggressive patrols of its territorial waters, partnership with the U.S. would provide avenues for equipment and training, in addition to opportunities for intelligence sharing and improved maritime domain awareness.

Option #2:  The U.S. pivots diplomatic and military engagement to Vietnam in the SCS.

Risk:  Although the PRC more recently fought Vietnam during the Sino-Vietnamese War of 1979, the bitter history of U.S. involvement in the Vietnam War will complicate relations between the U.S. and Vietnam.  The nominally communist government of Vietnam, and its rejection of democratic governance in favor of one party rule, will likely be domestically unpopular in the U.S. compared to partnership with the Philippines.  Additionally, Vietnam’s historical partnership with Russia may impede meaningful intelligence sharing with the U.S.

Gain:  When compared to the other SCS claimants competing with the PRC, Vietnam’s investment in maritime defensive capabilities is outstanding.  The legacy of Soviet sea-denial strategies has led to Vietnamese investment in coastal defense cruise missiles, integrated air defense systems, submarines, and patrol craft to defend its SCS territories.  Vietnam has militarized its holdings in the SCS in ways the Philippines and other claimants have been unable or unwilling to do. Vietnam’s geography near the major PRC naval bases on Hainan Island, and its holdings throughout the Spratley Islands, would put PRC military assets at asymmetric risk in any regional conflict [5].

If the U.S. was able to gain basing rights from Vietnam, its ability to conduct Freedom of Navigation Operations would be assisted by a Vietnamese Navy and Coast Guard capable of maintaining a presence in contested waters.  As a military partner to the U.S., the deterrent value of Vietnamese military capabilities in the SCS would be a credible improvement over the status quo.  U.S. pursuit of imposing cost on aggressive PRC expansion in the SCS would be uniquely complimented by Vietnamese military capabilities.

Other Comments:  It is important that the U.S. maintains a regional ally in the SCS with territorial holdings.  As an outside power, the U.S.’ goal of maintaining freedom of navigation in international waters can only be supported by partnership with a legitimate claimant.

Recommendation:  None.

Endnotes:

[1]  Ben Blanchard and Reuters, “Duterte says U.S. has lost, aligns Philippines with China,” CNN Philippines, October 21, 2017.  http://cnnphilippines.com/news/2016/10/20/duterte-cuts-us-ties-aligns-with-china.html

[2]  Robert Haddick, “America Has No Answer to China’s Salami-Slicing,” War on the Rocks, February 06, 2014.  https://warontherocks.com/2014/02/america-has-no-answer-to-chinas-salami-slicing/

[3]  James Hookway, “Rodrigo Duterte Ushers Manila Into a New Era,” The Wallstreet Journal, January 16, 2017.  https://www.wsj.com/articles/outsider-ushers-manila-into-new-era-1484560813

[4]  Jaime Laude, “China takes Philippine atoll,” The Philippine Star, March 02, 2016.  http://www.philstar.com/headlines/2016/03/02/1558682/china-takes-philippine-atoll

[5]  Shang-su Wu, “The Development of Vietnam’s Sea-Denial Strategy,” The Naval War College Review, Winter 2017. https://www.usnwc.edu/getattachment/8756f6bf-78d0-4955-b1c6-ce8ee678f5c0/The-Development-of-Vietnams-Sea-Denial-Strategy.aspx

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Options for the Philippines in the South China Sea

Joshua Urness is an officer in the United States Army who has served both in combat and strategic studies roles.  Divergent Options’ content does not contain information of an official nature nor does the content represent the official position of any government, any organization, or any group. 

National Security Situation:  Sovereign Rights of Economic Exclusion Zones (EEZ)[1] in the South China Sea (SCS) and the legitimacy of the international system to enforce them.

Date Originally Written:  January 18, 2017.

Date Originally Published:  March 23, 2017.

Author and / or Article Point of View:  The author is an active duty officer in the U.S. Army.  This article is written from the point of view of the U.S. towards the Philippines, with a desire to ensure the legitimacy of the international system.

Background:  The People’s Republic of China (PRC) is occupying and developing islands in the SCS based on the historical claim of its nine-dashed line.  These occupations have resulted in the direct challenge of the Philippine EEZ, an internationally recognized right of sovereignty, which fully includes the disputed Spratly Islands (Mischief Reef).  In 2016, the United Nations Convention on the Law of the Sea (UNCLOS) ruled that the Spratly Islands are technically rocks, and upheld that they are wholly within the Filipino EEZ.  Therefore, the PRC is in a “state of unlawful occupation[2].”  Countries especially impacted by the PRC’s expansion in the SCS, Malaysia, Philippines, and Vietnam, do not currently possess the military or political capability to challenge the PRC’s actions independently.

Significance:  The stability of security and diplomatic relations in the SCS is important because of the economic trade routes which pass through the waterway, and the potential value of natural resources in the region.  The PRC’s willingness to ignore the UNCLOS ruling on the sovereignty of the Filipino EEZ is an affront to the legitimacy and credibility of the international system and the security status quo.  Further unchecked aggression by the PRC could embolden other states, creating further instability in other parts of the world.  The PRC’s disregard for the ruling, along with their military modernization and investment in power projection capabilities, will enable them to continue to challenge the sovereignty of EEZs throughout the first island chain.  Because the international system cannot enforce its decision, and the Philippines cannot enforce its own EEZ, the credibility of both international and state authorities will be questioned.

Option #1:  The U.S. facilitates Filipino acquisition of low-cost defensive capabilities which will enable them to enforce their own EEZ.  Examples of low-cost defensive capabilities include anti-ship missiles such as the RBS-16 which has a 100-200 nm range, coast guard equipment, and sensors.

Risk:  If the U.S. is not directly involved in the continued procurement and operations of the weapons given to the Filipinos, there may be an increased risk of mistakes or miscalculations being made by untrained and inexperienced Filipino weapons operators.  This includes the integration of sensors and shooters into an organized system in which commanders, with the authority to decide whether or not to fire a system, have enough information and time to make a good decision.  Because of the potential presence of Filipino Islamist or communist insurgents in areas likely to be chosen for weapon system employment, the security of the weapon sites must be emphasized.  If weapons are stolen or obtained by such actors with malign interests, this could destabilize the regions crucial shipping lanes and local maritime economies.  Additionally, inability or lack of political will on the part of the Philippines to use the capability to protect its citizens, or enforce EEZ claims, may perpetuate internal destabilization of the state.  Also, given the PRC’s positioning of military forces on these islands, the provision of weapons to the Philippines risks war over sea lanes through which 25% of global trade passes.

Gain:  Enforcement of the EEZ would enhance the legitimacy of the international system, even if the Filipinos themselves enforced it, as opposed to an internationally sanctioned coalition.  Option #1 would change the cost/risk calculation for the burgeoning PRC navy that may result in a deterrent effect.  Such a capability may also enable the Filipino government to protect its fishermen and economic interests in the EEZ from harassment from the PRC’s maritime militia.  This option would allow the Filipinos to demonstrate resolve, garnering regional and internal credibility, if they decisively utilize these capabilities to deter or defend.  Land based anti-ship missiles are easily maneuverable and concealable, therefore adding to the survivability and resilience of a force that could be in place for a long time.

Option #2:  A U.S.-led coalition defense strategy composed of states surrounding the SCS that is supported by U.S. foreign military funding centered on facilitating procurement, training and information sharing.

Risk:  A U.S. led coalition of SCS states could polarize the region and lead to a less effective Association of Southeast Asia Nations (ASEAN).  This coalition may also stimulate a regional arms race that would be expensive over time for the U.S., despite the somewhat low-cost of capabilities involved.  The cost of building partner capacity could also be expensive over time where countries such as Malaysia and Indonesia, not accustomed to working with the U.S., would require courtship.  Direct U.S. involvement and partnership in mission command and the integration of sensors and shooters into an organized system would require increases in the forward presence of U.S. forces.  This would expose the U.S. to a higher diplomatic commitment than previously held.  This higher level of presence would be necessary to mitigate the risk of mistakes in the use of the capability, as well as the security and posture of the systems.

Gain:  The primary advantages of a U.S.-led coalition are two-fold; it would ensure the credibility of the international system to assist in the enforcement of edicts (though the U.S. is not a signatory of UNCLOS, it does have a vested interest in the stability of the international system), and it would build a broader foundation of deterrence against further PRC expansion in the SCS.  If the U.S. used a strategy similar to the one for which the RAND Corporation advocates, in their report titled Employing Land-Based Anti-Ship Missiles in the Western Pacific[3], coalition states could work towards building the capacity for a “far blockade” of the first island chain.  This would significantly increase the PRC’s naval risk when operating within firing range of any coalition state, challenging the cost imposition and aggression paradigm, while also building capacity and knowledge that may be useful in future conflict.  Similarly, the U.S. could use such partnerships to develop its own capacity and institutional knowledge in land-based maritime denial systems.

Other Comments:  None.

Recommendation:  None.

Endnotes:  

[1]  China and the Philippines have both signed and ratified the UNCLOS. Part five of the convention, article 55 through 75, cover economic exclusion zones. UNCLOS Part V, Article 56, which can be found at http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf, states that; ” In the exclusive economic zone, the coastal State has:

(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;

(b) Jurisdiction as provided for in the relevant provisions of this Convention with regard to:

(i) The establishment and use of artificial islands, installations and structures;

(ii) Marine scientific research;

(iii) The protection and preservation of the marine environment;

[2]  Graham, E. (2016, August 18). The Hague Tribunal’s South China Sea Ruling: Empty Provocation or Slow-Burning Influence? Retrieved January 07, 2017, from http://www.cfr.org/councilofcouncils/global_memos/p38227

[3]  Kelly, T., Atler, A., Nichols, T., & Thrall, L. (2013). Employing Land-Based Anti-Ship Missiles in the Western Pacific. Retrieved January 07, 2017, from http://www.rand.org/pubs/technical_reports/TR1321.html

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U.S. Options Towards a Rising People’s Republic of China

Captain Brian T. Molloy has served in the U.S. Army in Afghanistan and various posts around the U.S.  He presently works as a Project Manager at the U.S. Army Corps of Engineers in Pittsburgh, PA.  The opinions expressed in this article are his alone and do not reflect the official position of the U.S. Army, the Department of Defense, or the U.S. Government.  Divergent Options’ content does not contain information of an official nature nor does the content represent the official position of any government, any organization, or any group.

National Security Situation:  U.S. options towards the People’s Republic of China (PRC) as it continues to rise and increase its influence in the region surrounding the South China Sea (SCS).

Date Originally Written:  January, 26, 2017.

Date Originally Published:  March 20, 2017.

Author and / or Article Point of View:  Author is an active duty U.S. Army Officer.  Author believes in the use of force as a last resort and where possible, diplomacy should be the primary lever in influencing foreign powers.

Background:  The U.S. and the PRC are currently playing out a classic dyadic relationship according to power transition theory[1].  This power transition theory is playing out in the SCS with the rising PRC asserting itself militarily and the declining U.S. attempting to reassert control of the region by addressing such military action with “balancing” actions.  Recently U.S. balancing actions have utilized the military instrument of power with the Pacific Pivot[2] and freedom of navigation missions as the most visible.  This U.S. response is playing directly into the beginning stages of a conflict spiral that so often follows with a power transition[3].  The idea of a military deterrent is often floated as the logical alternative to war.  In this case, however, both of the major powers are already a nuclear power with a nuclear deterrent in place.  This nuclear deterrent works to ensure that a direct conflict between the two would be unlikely, however, as we saw in the Cold War, this deterrent does not keep the powers from fighting through proxy wars.  The options presented in this article assume rising influence of the PRC and a declining influence of the U.S., both militarily and economically, in the region.  The SCS has become a potential flash point between the two powers as the PRC uses it’s military to claim land that is also claimed by longtime U.S. Allies in the region.

Significance:  In an increasingly multi-polar global environment, regional powers such as the PRC are becoming a larger threat to U.S. interests throughout the world.  The potential for conflict in the SCS represents the opportunity for the U.S. to either assert influence in the region or cede that influence to a rising PRC.  Control of the SCS is essentially a trade-driven power move by the PRC towards its neighbors.  As such, trade could be the primary focus of the response from the U.S.towards the PRC vice a more dangerous military confrontation.

Option #1:  The U.S. and the PRC seek a strong bi-lateral trade agreement to replace the Trans Pacific Partnership (TPP) and the U.S. leverages negotiations on this trade agreement to provide security guarantees to allies in the SCS region.

With the downfall of the TPP the option to enter into a strong bi-lateral trade deal with the PRC is now open.  Negotiating this deal requires nuance and the ability to intertwine defense and trade into an agreement that is both beneficial to all economically, but also sets limits on military actions seen to be provocative to the U.S. and its Allies in the region.  Precedent for this sort of diplomatic economic deterrent action can be seen in post WWII Western Europe with the European Steel and Coal Community (ECSC)[4].  When complete, Option #1 would be an economic deterrent to conflict in the region.  This economic deterrent will utilize trade agreements to ensure the U.S. and the PRC are entwined economically to the point that a military conflict, even a proxy conflict, would be too costly to both sides.  This economic deterrent could be the action that needs to be taken in order rebalance power in the region.

Risk:  The largest risk in entertaining this approach is that it opens the U.S. to the risk of an economic catastrophe if the approach fails.  This risk would likely be unpalatable to the U.S. public and would have to be crafted carefully.  Additionally, under the current administration, a trade deal similar to this could be difficult due to the ongoing rhetoric coming from the White House.  Finally, this approach risks leaving long-time U.S. Allies no way to dispute their claims in the SCS.

Gain:  This agreement gains the lessened risk of a conflict between the U.S. and the PRC and also has the potential for large economic growth for both sides.  A mutually beneficial trade agreement between two of the largest economies in the world has the potential to remove the risk of conflict and simultaneously improve quality of life domestically.

Option #2:  The U.S. can use its trade power to balance PRC influence in the region through encouraging the Association of Southeast Asian Nations (ASEAN) to trade as a bloc.  This is essentially an Asian version of the European Union which can build multilateral trade agreements and also leverage economic sanctions to assert power in the region.  Building ASEAN to be able to handle this would require a more inclusive membership of some of the more powerful Asian countries, Japan, and the Republic of Korea among them.  This effort would require a radical overhaul of the ASEAN bloc but would benefit much smaller countries as they try to address the influence of the PRC.

Risk:  The U.S., particularly under the current administration, is not a proponent of supranational organizations.  In order for Option #2 to work the U.S. must have a stake in the game.  Additionally, the U.S. risks losing influence in the region to the newly formed ASEAN economic power.  There is the possibility that the newly formed ASEAN could forge close ties with the PRC and other trading partners and leave the U.S. out.  Finally, the SCS is fraught with competing claims not only between the PRC and ASEAN members, but among ASEAN members themselves.  Those conflicts must be worked out before the ASEAN bloc could effectively manage the PRC.

Gain:  This option allows the U.S. to leverage the comparative power of an ASEAN bloc of mostly friendly countries to impose sanctions on the PRC on its behalf.  In this way the U.S. is pushing regional allies take care of their own backyard while still maintaining influence in the region.  The U.S. also benefits as it is able to trade effectively with a large number of Asian countries without entering into a free trade agreement like the TPP.

Other Comments:  None.

Recommendation:  None.

Endnotes:

[1]  Garnett, J. (2010). The Causes of War and the Conditions of Peace, in John Baylis et al, Strategy in the Contemporary World: An Introduction to Strategic Studies’ (3rd Edition OUP 2010), (pp. 19–42). Oxford, UK: Oxford University Press; 3rd Edition

[2]  Panetta, L. E., & Obama, B. (2012). Sustaining U.S. global leadership: priorities for 21st century defense. (pp. 2). Washington, D.C.: Dept. of Defense.

[3]  Cashman, G. & Robinson L. (2007). An Introduction to the Causes of War. Patterns of Interstate Conflict from World War I to Iraq. (pp. 1–25). Lanham, MD: Rowman & Littlefield Publishers Inc

[4]  Alter, K, & Steinberg, D. (2007). The Theory and Reality of the European Coal and Steel Community.  Buffet Center for International and Comparative Studies, working paper No. 07-001

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South China Sea Options: The Road to Taiwan

“The Black Swan” is an officer and a strategist in the U.S. Army.  He has deployed to Iraq and Afghanistan.  He has been a company commander, and served at the battalion, brigade, division, and Army Command (ACOM) level staffs.  The opinions expressed are his alone, and do not reflect the official position of the U.S. Army, the Department of Defense, or the U.S. Government.  Divergent Options’ content does not contain information of an official nature nor does the content represent the official position of any government, organization, or group.

National Security Situation:  The Republic of China (Taiwan) exists in a singular position in world affairs.  Taiwan is viewed as a breakaway province by the communist People’s Republic of China (PRC), who controls the Chinese mainland.  However, Taiwan possesses its own government, economy, and institutions, and its nominal independence has been assured by the United States (U.S.) since 1949.  However, the PRC views any move toward actual independence as casus belli under its “One China” policy, which has been in place for decades.  Recognition or even acknowledgement of Taiwanese positions is a veritable geopolitical and diplomatic taboo.

The recent election of Donald Trump as president of the United States (POTUS) potentially undermines the previous order that has been in place since the Nixon Administration.  Campaigning as a change agent, and one to defy convention, President Trump has suggested the U.S. rethink the “One China” policy.  POTUS’ reception of overtures from Taiwan and hard rhetoric towards the PRC brings the question of Taiwan’s status and future to the forefront of geopolitics once again.

Date Originally Written:  January 28, 2017.

Date Originally Published:  March 16, 2017.

Author and / or Article Point of View:  This article is written from the point of view of Taiwan towards PRC claims in the South China Sea (SCS).

Background:  The communist victory during the Chinese Civil War caused the Nationalist government under Chiang Kai-Shek, with 2 million of its supporters, to flee from the Chinese mainland to the island of Taiwan.  The gradual transition of the island to a democratic form of government, its industrialized, capitalist economy, and its reliance on western benefactors for defense established it as a bulwark of western influence in Asia.  As a result of Cold War rivalries and competing ideologies, the independence of Taiwan has been assured in all but name for more than 65 years by the U.S.  A series of crises, most recently in 1996, demonstrated the inability of the PRC to project military force against Taiwan, and the willingness of the U.S. to ensure Taiwan’s independence.  Today, though the PRC is internationally recognized as the government of China, and the “One China” policy is a globally accepted norm, Taiwan still maintains de facto independence.

Events since the onset of the 21st century have caused the balance of power to shift ever more in favor towards the PRC.  Impressive military expansion and diplomatic initiatives on the part of the PRC have emboldened it to challenge U.S. hegemony in Asia, and defy United Nations (UN) mandates.  The most overt of these initiatives has been the PRC’s assertion of sovereignty over the SCS, and the seeming unwillingness of the international community to overtly challenge PRC claims, beyond referring them to legal arbitration.  The emerging policies of the newly elected POTUS may further exacerbate the situation in the SCS, even as they may provide opportunities to assure the continued independence of Taiwan.

Significance:  Taiwan is a democracy, with a dynamic capitalist economy.  It has diplomatic and military ties to the U.S., and other countries, through arms sales and informal partnerships.  It is strategically positioned along major oceanic trade routes from Southwest Asia to Japan and South Korea.  The issue of Taiwanese independence is a global flash point due to PRC adherence to the “One China” policy.  If the U.S. were to abandon Taiwan, it would effectively terminate the notional independence of the island, and end any hopes of preventing the PRC from becoming the regional hegemon.

Option #1:  Taiwan rejects all PRC claims to the SCS, beyond its exclusive economic zone (EEZ), and supports the rulings of the UN Permanent Court of Arbitration, with the goal of gaining international support, especially from the new U.S. administration.

Risk:  The PRC maintains sovereignty over all Chinese affairs.  Such an act would undoubtedly result in a forceful response from the PRC.  The PRC may move militarily to isolate Taiwan and/or attempt to force a change in government through any means necessary.  Depending on the perceived international response, the PRC may resort to war in order to conquer Taiwan.

Gain:  Taiwan must break its diplomatic isolation if it is to survive as an independent state.  This means currying favor with the UN, regional powers such as Japan and South Korea, and other regional nations such as Vietnam and the Philippines.  Moreover, given the new POTUS’ perceived willingness to break from the “One China” policy, there is a chance to induce greater commitment from the U.S. by ensuring Taiwan’s policies match those of the U.S.

Option #2:  Taiwan maintains the status quo and adheres to the “One China” policy, even in the face of tough U.S. rhetoric.

Risk:  If the PRC’s ambitions are not curbed, the status quo will no longer be enough for PRC leaders.  The creation and subsequent defense of artificial islands in the SCS is a relatively low risk activity.  If the response of the international community is found wanting, then it will only embolden the PRC to seek bigger game.  The ultimate conquest of Taiwan, while by no means an easy task, is a logical step in fulfilling the PRC’s regional ambitions.  Conversely, standing with the PRC may infuriate the new POTUS, and result in the withdrawal of U.S. support.

Gain:  The PRC has successfully integrated other economic and governmental systems into its own system before, under the “One Party, Two Systems” policy.  While this led to a loss of political freedom for Macau and Hong Kong, the two former enclaves still maintain their capitalist systems, and enjoy very high standards of living.  Furthermore, Taiwan is culturally and economically closer to the PRC than to any other nation.

Other Comments:  Any conflict between the PRC and Taiwan would be devastating to the island.  The PRC is simply too large and too close.  However, Taiwan has been nominally independent for more than 65 years.  Its people are the descendants of the generations that fought the communists, and stood firm during the Cold War, events that are still in living memory.  Independence from the mainland is the legacy of the island, and is worth fighting for.

Recommendation:  None.

Endnotes:

None.

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Options for Singapore in the South China Sea

Blake Herzinger served in the United States Navy in Singapore, Japan, Italy, and exotic Jacksonville, Florida.  He is presently employed by Booz Allen Hamilton and assists the U.S. Pacific Fleet in implementation and execution of the Southeast Asia Maritime Security Initiative.  His writing has appeared in Proceedings and The Diplomat.  He can be found on Twitter @BDHerzinger. Divergent Options’ content does not contain information of any official nature nor does the content represent the official position of any government, any organization, or any group. 

National Security Situation:  Singapore’s outlook on the South China Sea (SCS) dispute.

Date Originally Written:  January 13, 2017.

Date Originally Published:  March 13, 2017.

Author and / or Article Point of View:  Author believes in freedom of navigation and maintenance of good order at sea in accordance with the customary and written law of the sea.  This article is written from the point of view of Singapore toward the SCS dispute.

Background:  Conflicting territorial claims, as well as opposing interpretations of entitlements provided by the United Nations Convention on the Law of the Sea (UNCLOS), have heightened tensions throughout the SCS.  The maritime order protected by decades of U.S. Navy engagement is being actively challenged by the People’s Republic of China (PRC), which seeks a reorganization of the order without U.S. primacy.  Singapore sits astride the most critical sea-lane in Asia leading into the partially-enclosed SCS, but is not itself a claimant state in the myriad of disputes.  Singapore does have a vested interest in the peaceful and successful rise of its leading trade partner, the PRC, as well as a critical interest in continued deep engagement in the Pacific by its closest defense partner, the U.S.  Although Singapore’s population is nearly 75% ethnic Chinese, the microstate has made every effort to chart an independent, pragmatic course in foreign policy.  However, the PRC has recently increased pressure on Singapore to stay out of the debate on the SCS[1].

Significance:  Freedom of the seas is an “economically existential issue” for Singapore[2].  The rules-based order underpinned by freedom of navigation, and adherence to the UNCLOS, provided decades of economic growth and success in the region, particularly for Singapore.  However, the PRC’s desire to force a reorganization of the maritime order is directly resulting in erosion of accepted international maritime law and the PRC’s resultant conflicts with the U.S. and Association of Southeast Asian Nations (ASEAN) casts a shadow of doubt over the economic future of the region.  For Singapore, the outcome of the SCS dispute(s) may determine its entire economic future.

Option #1:  Singapore continues advocacy for freedom of navigation and pursuit of friendly relations with the U.S. and the PRC, while maintaining a policy of non-alignment.

Risk:  An increasingly powerful PRC constricts the diplomatic space for middle powers trapped between itself and the U.S., as evidenced in the PRC’s behavior toward Singapore over the past year.  The seizure of Singaporean Armed Forces Terrex vehicles in Hong Kong, recent inflammatory language published in China’s Global Times, and ominous warnings by the PRC that smaller states “need not and should not take sides among big countries,” are overt signaling to Singapore to avoid any position contrary to Chinese interests in the SCS[3][4][5].  More plainly, Singapore will suffer consequences if it is seen to side with the U.S.  Despite efforts to balance diplomatically, Singapore’s reliance on freedom of navigation will inevitably lead to confrontation regarding PRC activities in the SCS and, without a Great Power ally, Singapore may be left vulnerable to PRC pressure.

Gain:  In 51 years of statehood Singapore has achieved both the strongest economy in Southeast Asia and the most advanced military.  In this option’s best-case scenario, Singapore would continue to reap the benefits of partnership with both the PRC and the U.S. without either side trying to force the microstate to the sidelines, or into opposition with the other.

Option #2:  Singapore directs support for the PRC’s positions in the SCS.  Singapore could decouple itself from its defense relationship with the U.S. and effectively capitulate to Chinese demands.

Risk:  The opacity of the PRC’s goals for the SCS is the largest risk.  If the PRC succeeds in becoming the dominant power in the area, will freedom of navigation and free trade be protected, or restricted?  Unless Singapore knows the answer to this question, the existential risk posed to Singapore’s future would be catastrophic in scale.  Even if the PRC encourages free trade, by aligning itself with the PRC Singapore stands to lose its reputation for independence, undermining its trusted position as an honest broker and neutral place of business.

Domestic repercussions would be equally damaging.  Singapore’s population may be predominantly Chinese, but it is a multiethnic society with codified policies of racial equality, with the stated ideal that citizens see themselves as Singaporean rather than identifying by their ethic group.  Minority groups would almost certainly interpret a swing toward the PRC as the end of the meticulously guarded Singaporean identity standing as a bulwark against the racial discord that spurred race riots in Singapore’s infancy[6].

As a small, predominantly Chinese state between two large Muslim states historically suspicious of its defense policies, Singapore would also be inviting new friction with Malaysia and Indonesia by appearing to swing toward the PRC.  Furthermore, Singapore would likely lose high-level military training opportunities with the U.S., as well as unilateral training opportunities its forces enjoy on U.S. soil.

Siding with the PRC would significantly degrade the ASEAN structure by departing from the official non-alignment of the organization.  This would be a significant victory for Beijing, which has previously succeeded in driving wedges through ASEAN, but not with a country as vital to the group as Singapore.

Gain:  In the short-term, the PRC would likely reward Singapore for its obedience, possibly in the form of cessation of public castigation, as well as increased economic cooperation.  Should the PRC’s goals include regulation and control of the SCS, Singapore might find itself a beneficiary of PRC largesse as a state that did not block its ambitions.

Option #3:  Singapore begins actively participating in freedom of navigation operations, either unilaterally or multilaterally.

Risk:  Option #3 is the most likely to elicit retaliatory measures from the PRC, where the government would almost certainly interpret the action as siding with the U.S..

Gain:  Option #3 would first and foremost provide reinforcement to the freedom of navigation upon which Singapore itself depends.  Additionally, it could serve to combat the Chinese narrative of U.S. containment, instead highlighting the fact that the PRC’s unilateral actions have taken place “against the rights and freedoms of the international community [7].”

Other Comments:  None.

Recommendation:  None.

Endnotes:

[1]  United States Central Intelligence Agency (2017). The World Factbook – Singapore. Retrieved 15 January, 2017, from https://www.cia.gov/library/publications/the-world-factbook/ geos/sn.html

[2]  Sim, W. (2015, March 5). Freedom of navigation vital to S’pore. The Straits Times. Retrieved from http://www.straitstimes.com/singapore/freedom-of-navigation-key-to-spore-shanmugam

[3]  Ping, C.K. (2016, November 25). China comments on Singapore armored vehicles. The Straits Times. Retrieved from http://www.thejakartapost.com/seasia/ 2016/11/25/ china-comments-on-singapore-armored-vehicles-and-equipment-seized.html

[4]  Loh, S. (2016). Full Text of Ambassador Stanley Loh’s Letter to Global Times Editor-In-Chief Hu Xijin, in response to an article by Global Times (Chinese) dated 21 September 2016. Retrieved from Singapore Ministry of Foreign Affairs website: https://www.mfa.gov.sg/content/mfa/media_centre/press_room/ pr/2016/ 201609/full-text-of-ambassador-stanley-loh-s-letter-to-global-times-edi.html

[5]  The State Council Information Office of the People’s Republic of China. (2017). China’s Policies on Asia-Pacific Security Cooperation. Retrieved from http://news.xinhuanet.com/english/china/2017-01/11/c_135973695.htm

[6]  Han, J (n.d.). Communal riots of 1964. In Singapore Infopedia. Retrieved from http://eresources.nlb.gov.sg/infopedia/articles/SIP_45_2005-01-06.html

[7]  The Struggle for Law in the South China Sea: Hearings before the Seapower and Projection Subcommittee on Seapower and Projection Forces, House of Representatives, 114th Cong. 11 (2016) (Testimony of James Kraska).

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Anti-Access / Area Denial Options in the South China Sea

Ryan Kort is a Strategic Plans and Policy Officer (Functional Area 59) in the U.S. Army.  He currently serves as the Chief of the Strategy Branch at U.S. Army Africa / Southern European Task Force in Vicenza Italy.  He is on Twitter @kort_ryan36.  Divergent Options’ content does not contain information of an official nature nor does the content represent the official position of any government, any organization, or any group.

National Security Situation:  The People’s Republic of China (PRC) creation of islands and militarization of reclaimed islands in the South China Sea (SCS).

Date Originally Written:  February 9, 2017.

Date Originally Published:  March 9, 2017.

Author and / or Article Point of View:   This article, written from the point of view of a U.S. national security staffer, aims to provide both a collective security and an Anti-Access / Area Denial (A2/AD) deterrent option to the U.S. National Security Advisor.

Background:   The PRC adopted a policy of island building over shallow shoals in the SCS.  The PRC forcibly evicted and continues to harass commercial and naval vessels from other SCS claimants such as the Philippines, Vietnam, and Malaysia through use of fisherman ‘militias’ as naval proxies and other means of gray-zone or ‘hybrid’ warfare[1].  The PRC continues the rapid transformation of many of these semi-submerged reefs into islands replete with hard surface runways for strike aircraft and long-range air defense and fires (both tube and missile) capabilities, which pose an A2/AD threat to any actors the PRC may seek to keep out of its claimed ‘9 dash line’ area[2].  

Significance:  Other nations that border the SCS view the PRC’s actions as destabilizing, illegitimate, and threatening to their important national security and economic interests.  Several reclaimed islands are within the Exclusive Economic Zones recognized by the United Nations Convention on the Law of the Seas[3].  The SCS is a critical economic transit route, which approximately 30 percent of all annual maritime trade passes through, including $1.2 Trillion worth of goods destined for U.S. markets[4].  In times of crisis, the People’s Liberation Army, Navy and Airforce could disrupt the free movement of commerce through the area and coerce other nations in the region to recognize PRC dominion over the SCS.

Option #1:  Utilize diplomatic efforts to contain the PRC through the creation of a collective security organization, similar to the now defunct Southeast Asian Treaty Organization also known as SEATO.  This treaty organization would provide a deterrent option aimed at containing PRC adventurism and change PRC strategic calculation on future island building.  

Risk:  The PRC will view this diplomatic effort to isolate their nation as overt containment and respond in a variety of ways with multiple means[5].  At the greatest risk will be those nations the PRC deems vulnerable to coercion that it could peel away from the organization and undermine U.S. legitimacy.  Additionally, this option risks immediate failure if those partners critical to the success of the collective security organization do not join- specifically Australia, the Philippines, Singapore, and Indonesia.  This option also may become obsolete if the PRC completes the construction and garrisoning of the islands it needs to assert complete dominance over the SCS before an alliance to balance against it is in place[6].  

Gain:  The U.S. checks the rise of a regional and potential global peer competitor.  The U.S. stands to gain increased security cooperation and economic ties with the nations in the collective security organization.   

Option #2:  Utilizing a multi-domain concept, the U.S. and select allies create an A2AD challenge for the PRC along both the ‘first’ and ‘second’ island chains in order to negate some of the operational and tactical advantages of PRC bases in the region.  The entire coastline of the PRC is vulnerable to area denial.  A strong foundation of U.S. Army maneuver, fires, and sustainment capabilities would enable the U.S. Navy and U.S. Air Force to operate more effectively within the region, while presenting the additional dilemma of embarked U.S. Marine Expeditionary Forces capable of striking critical facilities.  An archipelagic defense through deterrence by denial would need expanded access to existing bases in Japan, with new footprints in the Philippines, Malaysia and Indonesia[7].  The U.S. could employ a mixture of permanent or rotational forces in the region to demonstrate U.S. capability and resolve.  Additionally, the U.S. must have sufficient forces in the region capable of blockading PRC transit through the Strait of Malacca if required.

Risk:  The key risk associated with this option is vertical and horizontal escalation.  A minor incident could intensify quickly and impact other theaters in the U.S. Pacific Command area of responsibility, such as Korea.  Another risk is loss of or initial refusal to allow access to bases in the nations mentioned earlier, which would unhinge this option.  Additionally, resourcing this A2/AD effort with sufficient forces would commit limited U.S. resources, such as air defense and long-range joint fires, to this single problem set.

Gain:  The U.S. deters conflict through placing PRC assets at risk in both the SCS and across the majority of the Chinese seaboard.  Additionally, this option presents the PRC with a dilemma if it should attempt to utilize hybrid or militia forces due to the increased presence of U.S. and allied forces capable of deterring such ‘hybrid’ aggression at the tactical and operational level.     

Comments:  None.

Recommendation:  None.  

Endnotes:

[1]  De Luce, Dan and McLeary, Paul, In South China Sea, a Tougher U.S. Stance, Foreign Policy, 02 October, 2015, accessed 09 February, 2017  http://foreignpolicy.com/2015/10/02/in-south-china-sea-a-tougher-u-s-stance/

[2]   Kennedy, Connor and Erickson, Andrew, (21 April 2016). Model Maritime Militia- Tanmen’s leading role in the Scarborough Shoal Incident,  Center for International Maritime Security (CIMSEC), accessed 06 January, 2017, http://www.andrewerickson.com/2016/04/model-maritime-militia-tanmens-leading-role-in-the-april-2012-scarborough-shoal-incident/

[3]  Office of the Secretary of Defense, Annual Report to Congress on Military and Security Developments Involving the People’s Republic of China, 2016;  page 7

[4]  Corr, Anders, How the US can help the Philippines Counter China’s occupation of Mischief Reef, Forbes Magazine Online, 28 January 2017, accessed 09 February 2017. http://www.forbes.com/sites/anderscorr/2017/01/28/is-war-against-china-justified/#5066ccc774fb

[5]  Lieberthal, Kenneth and Jisi, Wang, Addressing U.S- China Strategic Distrust, March 2012, Brookings Institute.  Washington’s security ties with other nations in the region and other actions viewed by China as efforts to constrain China.

[6]  Office of the Secretary of Defense, Annual Report to Congress on Military and Security Developments Involving the People’s Republic of China, 2016;  Page i

[7]  Krepinevich, Andrew, Foreign Affairs, Volume 94, Number 2,  How to Deter China- The Case for Archipelagic Defense, pp 78-86, March/April 2015  

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South China Sea: Continuous U.S. Presence or a new Law of the Sea Treaty 

David Mattingly serves on the board of directors for the Naval Intelligence Professionals and is also a member of the Military Writers Guild.  The views reflected are his own and do not represents the United States Government of any of its agencies.  Divergent Options’ content does not contain information of an official nature nor does the content represent the official position of any government, any organization, or any group.

National Security Situation:  The United Nations Convention for the Law of Sea (UNCLOS III) has failed to adequately define a nation’s territorial waters and to create a body which can enforce its judgements on nations involved in arbitration.

Date Originally Written:  February 7, 2017.

Date Originally Published:  March 6, 2017.

Author and / or Article Point of View:  David Mattingly is retired from the U.S. Navy and has sailed with U.S. Navy Carrier Task Groups in the South China Sea (SCS).  He holds a Masters of Arts in National Security Studies where he studied the geopolitics of the SCS and authored “The South China Sea Geopolitics: Controversy and Confrontation.”

Background:  Over the centuries, a few countries with strong navies controlled the world’s oceans.  The outcome of many conflicts fought on land often had a strong maritime element.  Dutch jurist Hugo Grotius first addressed the Law of Sea in his 1609 treatise Mare Liberum in which he established the idea of the freedom of the seas[1].  After  World War II and the emergence of the United Nations, the first Convention of the Law of the Sea (UNCLOS) concluded with four treaties being signed: Convention on the Territorial Sea and the Contiguous Zone (CTS); Convention on the High Seas (CHS); Convention on Fishing and Conservation of the Living Resources of the High Seas (CFCLR); and Convention on the Continental Shelf (CCS); as well as the Optional Protocol of Signature concerning the Compulsory Settlement of Disputes (OPSD)[2].  UNCLOS II convened in Malta to discuss territorial seas and fishery limits, however, the convention ended without agreeing upon a new treaty[3].  Today, UNCLOS III has been accepted by 167 nations and the European Union, however, although the U.S. has agreed in principle to the convention, it has not been ratified by the U.S.[4].  In the last attempt for ratification in 2012, it failed due to the “breadth and ambiguity” of the treaty and because it was not in the “national interest of the United States” to give sovereignty to an international body.  Ratification was overwhelmingly supported by the Department of Defense and the U.S. shipping industry[5][6].

Traditionally, a nation’s territorial boundary was established as a three-mile belt along its coastline based on the distance that a cannon could shoot a projectile.  All waters beyond the three-mile limit were considered international territory.

Today, the SCS is a possible flash point for confrontation over unresolved issues of the UNCLOS III between the Peoples Republic of China (PRC), its neighboring states which have joined to form the Association of Southeast Asian Nations (ASEAN), and the U.S.  The islands in the SCS remained largely uninhabited until the mid-1970s when the PRC began to lay claim to a number islands and shoals which were claimed during the reign of Emperor Yongle of the Ming Dynasty in 1405 and later claimed by the PRC in what has come to be known as the “Nine-dash line[7].”  A map which was produced after World War II extended the PRC’s territorial waters claim deep into the SCS.  France challenged the PRC’s claim in 1931 by claiming the Parcel Islands and the Spratley Islands as territory of French-Indo China which then passed to the government of Vietnam after the Franco-Indo China War ended in 1954[8].

To understand UNCLOS III, it is important to first understand the definitions of terms such as the differences between an island and a rock.  The PRC began an aggressive land reclamation program where soil was dredged from the ocean bottom to create islands, which have standing under UNCLOS III, unlike rocks and shoals which are not recognized.  The islands created by the PRC can support military garrisons, home porting of both military and fishing ships, and extend the PRC’s territorial limits under the “archipelagos concept[9].”  Within UNCLOS III, this concept furthers a nation’s territorial rights by considering the seas between the mainland and the islands claimed by a nation as a connecting, rather than separating, element.  The PRC could therefore declare an emergency and suspend the “right of innocent passage” for its self-protection.

Significance:  Merchant shipping between Asia, the Middle East, and the Americas transverse the SCS and a PRC declaration of emergency which suspended the “right of innocent passage” would have major impact in global shipping.

Option #1:  The U.S. and coalition naval forces create a continuous presence in the SCS and actively challenge PRC naval activities and construction of and on islands and rocks in dispute.

Risk:  The PRC has openly harassed and attacked ships and aircraft of the U.S. and ASEAN member nations.  The PRC has established the SCS as its home waters and had several years to construct military garrisons on the islands which it created.  It is possible that the Peoples Liberation Army Navy (PLAN) has placed surface to air missiles on the larger islands.  Additionally, the PLAN has aggressively modernized its ships and aircraft to include launching its first aircraft carrier.  As such, Option #1 may increase the possibility of a naval confrontation between the U.S. and the PRC.

Gain:  A naval coalition could provide protection for fishing and merchant shipping in the SCS and shape the narrative that the international community will not idly allow the PRC to control one of the most important sea lines of commerce.

Option #2   The U.S. and other nations could call for UNCLOS IV.  As evidenced by recent events in the SCS, UNCLOS III left many gray areas that are open for arbitration and the decisions lack the power of enforcement.  UNCLOS IV would address these gray areas and establish an enforcement framework.

Risk:  Major powers agreeing to a new UNCLOS could perceive that they have lost sovereign rights.  The UN lacks the ability to enforce treaties unless the major powers are onboard thus the text of a new UNCLOS would have to be carefully worded.

Gain:  In creating an agreement that is recognized by the international community, confrontation between the U.S., the PRC, and ASEAN may be avoided.

Other Comments:  None.

Recommendation:  None.

Endnotes:

[1]  Harrison, James. July 5, 2007. Evolution of the law of the sea: developments in law -making in the wake of the 1982 Law of the Sea Convention.

[2]  Treves, Tullio. 1958 Geneva Conventions on the Law of the Sea. United Nations.  http://legal.un.org/avl/ha/gclos/gclos.html

[3]  Second United Nations Convention on the Law of the Sea 17 March – 26 April 1960 Geneva, Switzerland. , January 8, 2017. Washington School of Law, American University. http://wcl.american.libguides.com/c.php?

[4]  The Convention of the Law of Sea. U.S. Navy Judge Advocate Corps. http://www.jag.navy.mil/organization/code_10_law_of_the_sea.htm

[5]  Patrick, Stewart M, June 10, 2012. (Almost) Everyone Agrees: The U.S. Should Ratify the Law of the Sea Treaty. The Atlantic. https://www.theatlantic.com/international/archive/2012/06/-almost-everyone-agrees-the-us-should-ratify-the-law-of-the-sea-treaty/258301/

[6]  Senators Portman and Ayotte Sink Law of the Sea. July 16, 2012. Portman Senate Office, Washington, DC.

[7]  Tsirbas, Marina. , June 2, 2016. What Does the Nine-Dash Line Actually Mean? The Diplomat. http://thediplomat.com/2016/06/what-does-the-nine-dash-line-actually-mean/

[8]  Bautista, Lowell B. 2011.  Philippine Territorial Boundaries: Internal tensions, colonial baggage, ambivalent conformity.  University of Wollongong. New South Wales, http://jati-dseas.um.edu.my/filebank/published_article/3162/035 053%20Lowell%20B.%20Bautista-
 Philippine%20Territorial,%20JATI%20VOL16,%202011-%20new.pdf

[9]  Katchen, Martin H. 1976. The Spratly Islands and the Law of the Sea: “Dangerous ground” for Asian Peace. Presented at the Association of Asian Studies, Pacific Area Conference.  June.  Revised and published in the Asian Survey. 

China (People's Republic of China) David Mattingly Maritime Option Papers South China Sea Treaties and Agreements United States
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Call for Papers: Options in the South China Sea

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Image from Center for Strategic and International Studies (CSIS)

Summary:

Divergent Options is calling for papers related to national security situations in the South China Sea.

Prospective authors can address any national security situation related to the South China Sea large or small.

Please write using our article template.

Please send your article to submissions@divergentoptions.org by February 10, 2017.

If you are not interested in writing on this topic we still welcome individual articles on virtually any national security situation an author is passionate about.  Please do not let our call for papers cause you to hesitate to send us your idea.  We look forward to hearing from you!

More Information:

The Lowy Institute states that “The South China Sea is a critical commercial gateway for a significant portion of the world’s merchant shipping, and hence is an important economic and strategic sub-region of the Indo-Pacific. It is also the site of several complex territorial disputes that have been the cause of conflict and tension within the region and throughout the Indo-Pacific[1].”

Countries bordering the South China Sea include Brunei, Cambodia, China, Indonesia, Malaysia, the Philippines Singapore, Taiwan, Thailand and Vietnam.  Other countries such as the United States and Russia also have interests in the South China Sea.  Business Insider has a great article that may inspire potential authors titled “Tensions in the South China Sea explained in 18 maps” which can be accessed here or downloaded in a PDF here.

Update as of January 8, 2017:

Select articles from the “Options in the South China Sea” call for papers will be republished by the Center for International Maritime Security (CIMSEC).  We are pleased that CIMSEC sought to have a relationship with Divergent Options and we are excited to give our writers the opportunity to reach the CIMSEC audience!

A Few Questions to Inspire Authors:

What options does any country bordering the South China Sea have to address a national security situation related to another country bordering the South China Sea?

What military or non-military capabilities need to be developed by any country bordering the South China Sea to address a national security situation related to another country bordering the South China Sea?

What options does the Philippines have to balance its relationship with China as a dominant economic power with its relationship with the United States as a dominant security partner?

What options are available to address friction caused by China’s Maritime Militia?

What options are available to maintain regional fishing rights in the South China Sea?

What non-military options does the United States have that can be used to overcome Anti-Access / Area Denial threats within the South China Sea?

What options does China have to further establish their Nine-Dash Line territorial claim?

What options does U.S. President Elect Donald Trump have to pursue U.S. interests in the South China Sea[2]?

What options does China have to pursue its interests when Donald Trump becomes the U.S. President[2]?

What options does Iran have in pursuing its interests in within the South China Sea[3]?

Endnotes:

[1]  South China Sea. (n.d.). Retrieved December 23, 2016, from https://www.lowyinstitute.org/issues/south-china-sea

[2]  Cox, T. (2016, June 7). Trump – China’s preferred President? Retrieved December 27, 2016, from http://www.china-cooperative.com/single-post/2016/06/08/Trump-Chinas-preferred-President

[3]  Butch, T. (2016, September 20). China and Iran expand all-around relations. Retrieved December 27, 2016, from http://www.china-cooperative.com/single-post/2016/09/20/China-and-Iran-Expand-All-Around-Relations

Call For Papers South China Sea