Category Archives: Asia-Pacific

Analysis relating to USPACOM.

Losing the Senkakus/Diaoyus Could Win China the 10-Dash Line

LI5229C2F896F4CThe specter of nationalism in the Far East looms over ownership of the Senkaku/Diaoyu Islands.  China and Japan have increased their civilian and military presence around the islands and continue retaliatory actions and declarations.  History in the region has few examples of such situations concluding amicably. 

However realist or idealist one’s perspective, there remains significant room for de-escalation and peaceful resolution.  The path to finding a solution has been the focus of many academics, policy experts, and the media with two scenarios offered in the commentary. 

First is what amounts to a Grand Bargain:  China cedes their claims in the East China Sea to Japan in return for Japan’s support of China’s South China Sea claims.  Those who believe this the most likely outcome are those who give deference to China’s long-view strategies.  While China appears to have the patience and political structure to execute strategies with time horizons far beyond those of the United States, a Grand Bargain would be readily discerned and countered as it ultimately relies on the United States, Korea, Philippines, Vietnam, Indonesia, and others to concede interests or territorial claims to China.  That makes for a strategy not only with a long time horizon but also with very long odds.

The second scenario is that China succeeds to some degree in pressing its claims with Japan, using the dispute in the East China Sea as a proving ground for strategies in the south.  Winning territorial concessions from Japan, China’s primary regional competitor, would not only validate its strategies, it would also strengthen China’s position when dealing with weaker competitors bordering the 10-dash line in the South China Sea. Those who predict this outcome tend to believe China will not relinquish any claims. This may be a bit too binary.  First, the territorial disputes in the two regions have very different histories, interests, and actors.  Second, a resolution seen as offering China concessions in the East China Sea could counter-productively strengthen the resolve of the actors disputing China’s claims in the South China Sea.

However, there is another possible scenario.  China could exploit customary international law to its advantage, creating a precedent in the East China Sea simplifies the complexities surrounding the 10-dash line in the South China Sea.  The precedent that best serves Chinese interests is that a country with administrative control over disputed islands exercises economic rights surrounding the territory, even if that country is Japan.  With China in a strong position to enforce administrative control over the Spratly Islands, Paracel Islands, and Scarborough Shoal, a precedent connecting administrative control of disputed territory to economic rights would greatly benefit China.

So, what else needs to happen to make this other potential scenario a reality?  Nothing.  If China continues to bluster about the Senkaku/Diaoyu Islands and Japan continues to retain administrative control and enforce fishing laws in what would be the territory’s Exclusive Economic Zone, the precedent is established.  Only time is needed for this version of status quo to be considered customary international law.  Interestingly, this path finds a convergence between the long view and expansionist proponents.  China could get access to a lot more territory and natural resources if it is willing to ‘lose a battle to win the war’.

Ryan Leary is a U.S. naval officer and Federal Executive Fellow at The Fletcher School of Law and Diplomacy.  His opinions and views expressed in this post are his alone and are presented in his personal capacity. They do not necessarily represent the views of U.S. Department of Defense, the U.S. Navy, or any command.

Sea Control 13: The Queen’s Shilling

seacontrol1Matt and Chris wax on about the new budget deal and military benefits before finally discussing the incident between the Chinese and American navies, the Pacific balance, robotics, and books for the holidays. Remember to tell a friend and subscribe on Itunes or Stitcher Stream Radio. Leave a rating and a comment. Enjoy, Episode 13 of Sea Control, The Queen’s Shilling (download).

(Updated 9/18) Keeping up with the Senkakus: China Establishing a New Reality on the Ground…er, Sea

UPDATE: 9/18:

Japan’s Coast Guard has its hands full: Latest reports indicate up to 11 Chinese maritime surveillance ships have entered the Senkakus/Diaoyus’ Continguous Zone while a pair of fishermen swam ashore one of the islands before departing.

UPDATE: 9/17:

In addition to the anti-Japanese protests and violence which has flared throughout China this weekend, Chinese state media has indicated the possibility of further reaction to the nationalization of the Senkakus/Diaoyus to come later this week.  Chinese state radio said Monday that “1,000” fishing vessels are headed to the waters near the islands, as a fishing ban comes to an end.  Of note, the report quoted a Chinese source who said the vessels’ activities would be monitored by a “marine observation satellite.”  It is unclear whether this is an attempt to say the six vessels still believed in the vicinity of the islands will attempt to avoid a confrontation with the Japanese Coast Guard on station, or whether it just indicates China will be watching the situation very closely.  Meanwhile, Hong Kong reports that the ship Kai Fung 2, which earlier helped keep the islands in the spotlight, will attempt a return voyage this week as well.

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Hi, Hai Jian!

In the past week, while American attention has largely been diverted, China appears to have taken a number of steps to change the reality of the situation in the Senkakus/Diaoyus (hereafter referred to as Senkakus for brevity’s sake) in a coordinated diplomatic, media, legal, and physical push.

 

With the maelstrom of news emanating from the Muslim world, U.S. media coverage of other, possibly more consequential events inevitably slackened.  Fortunately our international and domestic partners have carried the ball a bit with regards to the disputed islands claimed by Japan, China, and Taiwan.  While we noted the reports on Tuesday of two Chinese ships – the Hai Jian 46 and Hai Jian 49 – dispatched to and arriving outside the islands’ Territorial Waters (TW), the number that arrived eventually totaled six, twice as many ever previously sent by China at one time.  A good account of the stand-off, on pause for now, can be found at The Asahi Shimbun.  Although the Chinese vessels have all left the islands’ TW, they remain in the direct vicinity.

 

The Senkakus are the same five islands, under administrative control of Japan (and populated only by goats), at the center of Japanese Coast Guard clashes with Chinese fishermen and most recently protestors from all claimants.  The Atlantic Council of Canada has a good article on the history of the conflict, but the immediate cause of the Chinese flotilla was the purchase of three of the islands by Japan’s national government (another was already government-owned, and the last owned by another private owner).  The decision to go forward with the purchase was forced by Tokyo’s nationalist metropolitan government, which also attempted to buy the islands but would have furthered their use as a provocative cause célèbre – whereas the central government has mostly sought to play down tensions between the two economic partners.

 

However, with the lead-time given by advance warnings of the sale date on Sept. 11th, China had time to prepare a coordinated response.  As our counterparts @Galrahn and @cdrsalamander noted, this response not only involved the vessels themselves (which, significantly or not are from State Oceanic Administration while previous vessels were from the Ministry of Agriculture) but also articles backing the move ready to run in China’s state media.  Further, these actions appear timed to coincide with the PRC’s announcement of baselines demarcating their claims and the start of weather forecasts for the area.

 

Peaceful…but effective?

Although unprecedented for this particular conflict, China appears to be following a course it charted earlier this summer in the South China Sea, where it has so far successfully established a new reality on the ground with the Philippines-claimed and previously administered Scarborough/Pantang Shoal.  The Philippines Coast Guard pulled back its vessels on June 16th due to bad weather and has yet to return, effectively ceding control to the Chinese civilian maritime agencies, who have maintained a presence in the area and attempted to physically impede any non-Chinese vessels.

 

Back in the East China Sea, as the Christian Science Monitor noted, China likely had to take some action to appease nationalist sentiment at home in reaction to Japan’s moves.  But the paper also said that the movement of the vessels back out of the islands’ TW can be taken as a sign of China’s unwillingness to take things too far.  Here’s hoping they’re right – and that fears of further turmoil before the country’s leadership transition will serve as a break.  But with precedence already established in the South China Sea, and the vessels still loitering in the area, many signs point to the potential for future confrontation – and it may begin as early as next week. 

 

On Friday Xinhua said the vessels will start “patrol and law enforcement around the Diaoyu Islandswhile the catalyst for conflict could begin Sunday, when China’s self-imposed three-and-a-half-month fishing ban in waters near the Senkakus ends (although a typhoon to the east of the islands may further complicate the situation (h/t Galrahn)).  A Bureau of Fisheries official stated: “A large number of fishing boats will leave their ports…We will resolutely protect China’s sovereignty and the safety of fishers and step up controls in marine areas that include the Diaoyu Islands.”  Adding to the fun, Taiwan has also sent two Coast Guard vessels to protect any of its own fishermen brave enough to wade into the waters.

 

Not a pretty kitty. MEOW: Mutual Economic Obliteration Worldwide

From the perspective of the U.S., hoping to de-escalate any conflict between two of its most important trading partners and avoid being dragged in to an armed conflict, it’s clear we need better mechanisms with the PRC in case of emergency.  The threat of MEOW (mutual economic obliteration worldwide) is not enough.  It’s vital to separate the sides in the early stages to prevent a confrontation going past a point of no return – so we need to know who to call, and that they’ll have actual authority to call vessels back.  That is of course easier said than done with a country whose future president can drop of the face of the Earth for over a week at a time.  What the U.S. can work on, however, is building “habits of trust and cooperation,” through increasing partnership opportunities with China – a topic I will return to shortly.

 

If the long-term solution has to be through international diplomacy, China, by demarcating its claims to the specific rocks and islands around the Senkakus – a step experts have called the Chinese to take in the South China Sea – might this week actually have made progress of a sort.  But next week might not be as useful.

 

LT Scott Cheney-Peters is a surface warfare officer in the U.S. Navy Reserve and the former editor of Surface Warfare magazine. He is the founding director of the Center for International Maritime Security and holds a master’s degree in National Security and Strategic Studies from the U.S. Naval War College.

 

The opinions and views expressed in this post are his alone and are presented in his personal capacity. They do not necessarily represent the views of U.S. Department of Defense or the U.S. Navy. 

China’s Maritime Policies: An Opportunity for Canada

China now regards some of the disputed Senkaku/Diaoyu Islands as part of its “core interests.”

By Joelle Westlund

In some ways overshadowed by events elsewhere in its maritime claims, China added fuel the regional fire that has characterized its relations with neighbouring states for the last several decades on July 10th. This time it did so by launching a naval exercise in the waters near the Zhoushan islands in the East China Sea. The maneuver comes as the Chinese Communist Party (CCP) placed a ban on shipping and fishing vessels entering the designated exercise area. The CCP have chosen a heated time to send the Chinese People’s Liberation Army and Navy to practice its ability to operate in contested waters. But the timing of this maneuver was far from fortuitous.

The exercise in the Zhoushan has been interpreted as a demonstration of China’s ability to specifically counter the claims on another set of islands in the East China Sea – Diaoyu in Chinese and Senkaku in Japanese – that have been at the center of an ongoing row between China, Taiwan, and Japan. The territorial dispute over the islands recently resurfaced when Japanese Prime Minister Yoshihiko Noda offered to purchase the chain of islands from their private owners. University of Tokyo professor Akio Takahara pointed out that the offer was submitted in an attempt to “stabilize the situation […] not to escalate the situation.” Logistically, Japan’s acquisition of the island makes sense, given that its central government rents the three islands and keeps them protected through landing restrictions and access to nearby waters. Beijing’s Foreign Ministry spokesman Liu Weimin responded curtly to the proposition by stating, “China’s holy territory is not ‘up for sale’ to anyone.” State-owned news agency, China Daily called for “more aggressive measures to safeguard its territorial integrity […] Should Japan continue to make provocative moves.”

The disputed islands are not the only quarrel in which China finds itself. The Asian superpower is currently locked in a wrangle with Vietnam and the Philippines over the Scarborough Shoal in the South China Sea. Sovereignty claims to the islands are touchy since the islands are believed to provide rich fishing grounds and potentially huge oil and gas reserves. The situation has escalated since the beginning of April when Chinese civilian vessels found themselves in a standoff with the Philippines Coast Guard. Chinese embassy spokesman Zhang Hua stated, “The Chinese side has been urging the Philippine side to take measures to de-escalate the situation.” In response Philippine President Benigno Aquino ordered the withdrawal of its government vessels in “hope[s] this action will help ease the tension.” China, however, has yet to do the same as it still has seven maritime vessels encircling the Shoal and has rejected attempts to resolve the tiff through the employment of the International Tribunal for the Law of the Sea, as recommended by officials of Vietnam and the Philippines.

China is well versed in threatening navigational freedom in territorial waters, making countries such as Malaysia, Singapore, and Indonesia weary, since China appears to have set its sights on the Malacca Strait. The Strait is one of the most critical maritime choke points as over 1,000 ships a day pass through its channels that link the Pacific to the Indian Ocean. At the 10th Shangri-La Dialogue in Singapore, China’s Minister of Defence Liang Guanglie called for China to take a more active role over the management of the Strait of Malacca. For China, which relies on nearly 80 percent of its crude oil imports from the Middle East and Africa, security of the passage is crucial and military involvement offers the opportunity to mitigate terrorist and insurgency risks in the lanes.

But given China’s aggressive posture adopted towards its neighbours, expansion into the Strait warrants concern and suspicion from regional powers. Exactly how states should tackle China’s multiple squabbles dominated discussion among senior diplomats at ASEAN’s latest meeting in Phnom Penh, Cambodia. The 10-member Association of Southeast Asian Nations has continued to look to the United States to increase its role in the area to minimize tension and this year’s gathering echoed a similar appeal. China however, has expressed its distaste for U.S. involvement and “hyping” of the dispute, arguing, “This South China Sea issue is not an issue between China and the U.S. because the U.S. doesn’t have claims over the South China Sea.”

A Role for Canada

To many Asian states, Canada represents an affluent and pluralistic country ripe with opportunity. Its diplomatic engagement in the region has predominately played a supportive and capacity-building role in maritime security initiatives. Canada has sought to expand its role in the area militarily and economically, and has done so most recently with Canadian Defence Minister Peter MacKay’s trip to Singapore. MacKay spent the weekend in talks with Asian defence ministers regarding the enlargement of a Canadian presence and toured potential sites for a ‘hub’ for Canadian military operations. 1,400 Canadian sailors, soldiers, and air force personnel will also be taking part in the biannual ‘Rim of the Pacific’ military exercises held from June 29 to August 3.

This involvement represents an important opportunity for Canada to demonstrate its commitment to the region, but even still, there needs to be a more concrete diplomatic engagement to secure relations. With announcements like U.S. Defence Secretary Leon Panetta’s latest statement that 60 percent of the U.S. Navy fleet will be stationed in the Pacific by 2020, Canada must to buff up its presences before it loses out.

The disputes over the South China Sea, the Scarborough Shoal and the potential strain over the Malacca Strait, opens the door for Canada’s involvement. James Manicom of The Globe and Mailargues that Canada can use its status as an impartial dialogue partner to engage in regional track-two diplomacy. If Canada hopes to expand its economic relations in the region, such engagement outlined by Manicom is necessary. Canada currently stands as the ASEAN’s ninth largest investor and 13th largest trading partner, totaling over $1.6 and $9.8 billion, respectively. The Harper government needs to ditch the reluctance that has defined Canada-Asia relations and push for a peaceful resolution of the current disputes with China. Doing so would allow Canada to gain credibility in the region and supplement U.S.-Japanese-Philippine calls for stability. Further, as China continues its somewhat predacious behavior towards its neighbours, Canada can reassert itself as an agent of peace and diplomacy in the region.

Joelle Westlund is an Asia-Pacific Policy Analyst at The Atlantic Council of Canada. She is currently working towards a Master’s Degree in Political Science at the University of Toronto. Joelle holds a Bachelor’s Degree in International Relations from the University of Toronto and has studied at Masaryk University in the Czech Republic as well as the Hebrew University in Jerusalem. 

Any views or opinions expressed in this article are solely those of the authors and the news agencies and do not necessarily represent those of the Atlantic Council of Canada. This article is published for information purposes only.

Blog cross-posted with our partners at the Atlantic Council of Canada