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US Department of State Seeks to Clarify Meaning of China’s 9-Dash Line Part 1

By Alex Calvo

Introduction

Despite repeatedly stating that it will not take sides in territorial disputes in East Asia, Washington remains keenly interested in the ultimate fate of the South China Sea. In addition to perennial calls to settle disputes peacefully, regular reminders of the importance of freedom of navigation, military aid to regional actors like the Philippines, and support for a more active policy by non-littoral maritime democracies like India and Japan, the US Department of State (DOS) took a further step late last year by issuing a document, part of its “Limits in the Seas” series. The text seeks to explain the different ways in which one may interpret Chinese maritime claims in the South China Sea (“that the dashes are (1) lines within which China claims sovereignty over the islands, along with the maritime zones those islands would generate under the LOS Convention; (2) national boundary lines; or (3) the limits of so-called historic maritime claims of varying types”). It concludes that the “dashed-line claim does not accord with the international law of the sea” unless “China clarifies that” it “reflects only a claim to islands within that line and any maritime zones.” The text includes supporting Chinese official views, without attributing “to China the views of analysis of non-government sources, such as legal or other Chinese academics.” Concerning this latter restriction, although it is of course official sources which may be considered to be most authoritative when it comes to interpreting a government’s position, we should not forget that administrations in different countries will often resort to “two-track diplomacy” or employ semi or non-official back channels to test the waters and lay the groundwork for future formal negotiations.

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The object of this five-part series is to summarize the DOS document, while commenting on some of its most relevant features, and where appropriate going beyond the text and examining related aspects of the South China Sea conflict.

Tyranny of History: Can Washington claim not to take sides on Filipino territorial claims?

Before summarizing the “Limits in the Seas” document, we should note that the American policy of not taking sides concerning the ultimate issue of sovereignty could be challenged given Washington’s past sovereignty over the Philippine Archipelago. While this has not been publicly stressed by Manila to date, it could enter the debate as a means of putting more pressure on Washington to adopt a more robust posture.

Chinese Claims and Possible Interpretations According to International Law

In line with long-standing US demands that Beijing clarify the ultimate nature of her South China Sea claims, the DOS document analyzes those figures within UNCLOS and customary international law which may provide cover to Beijing’s claims. Issued on 5 December 2014, the Department of State paper begins by stressing that “China has not clarified through legislation, proclamation, or other official statements the legal basis or nature of its claim associated with the dashed-line map”, explains the “origins and evolution” of the dashed-line maps, provides a summary of the different maritime zones recognized and regulated by UNCLOS, and then proceeds to explain and discuss three possible interpretations of that claim “and the extent to which those interpretations are consistent with the international law of the sea.” The document contains a number of maps, including (Map 1) that referred to in China’s two May 2009 notes verbales to the UN Secretary General, which stated that “China has indisputable sovereignty over the islands in the South China Sea and the adjacent waters, and enjoys sovereign rights and jurisdiction over the relevant waters as well as the seabed and subsoil thereof. The above position is consistently held by the Chinese government, and is widely known by the international community.”

1
Nine-dash map attached to China’s two 2009 Notes Verbales.

A Look at Chinese Map Quality and Accuracy

The text first outlines the history of China’s maps of the South China Sea containing dashed lines, starting with a 1947 map published by the Nationalist government, noting that later PRC maps “appear to follow the old maps” (see L. Jinming and L. Dexia, “The Dotted Line on the Chinese Map of the South China Sea: A Note”, Ocean Dev’t & Int’l L., Volume 34, 2003, pp. 287-95, p. 289-290) with two significant changes: the removal of two dashes inside the Gulf of Tonkin (in an area partly delimited by Vietnam and the PRC in 2000) and the addition of a tenth dash to the East of Taiwan. These two changes can be interpreted in different ways, to some degree contradictory. On the one hand, the partial delimitation agreement with Vietnam could be seen as evidence of Chinese pragmatism and flexibility, and proof that it is possible for countries in the region to at least partly settle their disputes by diplomacy. On the other, explicitly encompassing Taiwan with an extra dash may be seen as a reinforcement of Chinese claims on the island not necessarily based on the will of her population. Alternatively, it could simply be a way to more comprehensively encompass the waters and features that Beijing (either directly or via Taipei) wishes to master.

The paper then examines successive Chinese maps from a cartographic perspective, stressing that “China has not published geographic coordinates specifying the location of the dashes. Therefore, all calculations in this study relating to the dashed line are approximate.” A similar criticism has sometimes been made of the San Francisco Treaty. The text also notes that “China does not assign numbers to the dashes,” and therefore those in the study are for “descriptive purposes only.” They “are not uniformly distributed,” being “separated from one another by between 106 (dashes 7 and 8) and 274 (dashes 3 and 4) nautical miles (nm).” This section of the paper stresses that “Nothing in this study is intended to take a definitive position regarding which features in the South China Sea are ‘islands’ under Article 121 of the LOS Convention or whether any such islands are ‘rocks’ under Article 121(3).” This is in line with Washington’s refusal to take sides concerning the ultimate sovereignty disputes in the region. The text notes that the “dashes are located in relatively close proximity to the mainland coasts and coastal islands of the littoral States surrounding the South China Sea,” and explains that, for example, Dash 4 is 24 nm from Borneo’s coast, part of Malaysia. Generally speaking, “the dashes are generally closer to the surrounding coasts of neighboring States than they are to the closest islands within the South China Sea,” and as explained later this is significant when it comes to interpreting the possible meaning of China’s dashed line, since one of the principles of the Law of the Sea is that land dominates the sea, and thus maritime boundaries tend as a general rule to be equidistant. That is, maritime boundaries tend to be roughly half way between two shores belonging to different states.

To hammer home this point, the study includes a set of six maps illustrating this. The report criticizes the technical quality of the PRC maps, saying that they are inconsistent, thus making it “complicated” to describe the dashed line, whose dashes are depicted in different maps “in varying sizes and locations.” Again, this is important in light of possible interpretations of Chinese claims, since this lack of consistency and quality not only obfuscates Chinese claims, introducing an additional measure of ambiguity, but also makes it more difficult to ascertain whether historical claims are being made and whether they are acceptable in light of international law.

The dashes change from map to map, with those “from the 2009 map” being “generally shorter and closer to the coasts of neighboring States” than those in the 1947 map. The dashed lines in these two maps are illustrated and compared in Map 5 of the document. The section concludes noting that the 2009 map, which Beijing distributed to the international community “is also cartographically inconsistent with other published Chinese maps.”

Read the next installment here

Alex Calvo is a guest professor at Nagoya University (Japan) focusing on security and defence policy, international law, and military history in the Indian-Pacific Ocean. Region. A member of the Center for International Maritime Security (CIMSEC) and Taiwan’s South China Sea Think-Tank, he is currently writing a book about Asia’s role and contribution to the Allied victory in the Great War. He tweets @Alex__Calvo and his work can be found here.

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Canadian Intelligence Accountability

This article originally featured at the Conference of Defense Associations Institute. It can be read in its original form here

CDA Institute guest contributor Kurt Jensen, retired as Deputy Director of Foreign Intelligence, explores the question of accountability in intelligence activities.

We have nothing to fear but fear itself,” said US President Franklin Roosevelt many years ago. This is no longer true. In the grip of an undefined terrorist threat, we should be very fearful about diminishing our freedoms through unlimited ‘security measures.’

Vague and statistically insignificant fears of terrorism have made us surrender privacy and other rights. But are we any safer? The recent ‘terrorist’ threats and incidents in Canada are unlikely to have been impeded by the enhanced intrusion in our lives to which we are all now subject. To ‘protect’ us, intrusive powers have been given to security agencies with little or no objective accountability. In this, Canadians are largely alone among developed nations. Canadian security and intelligence accountability has withered over the past decade, and is inadequate.

Intelligence staffs are honourable and scrupulous about adhering to the laws. But scrutiny of actions is a necessary tool of democracy. Great power and great secrecy make accountability reasonable and imperative in protecting the rights of citizens. The means employed are less important than how robust and uncompromising the instruments are. As it stands, Canada’s intelligence accountability régime is deficient.

Administrative oversight by bureaucrats and ministers is good – and necessary. But it is not a solution. Remember the old adage of ‘Who will watch the watchers.’ In Canada the answer is no one. The response to public concerns can no longer be ‘Trust us, we’re the good guys.’

We are at a democratic cross-​roads. We cannot rationalize intrusive acts which are against the basic principles of what this country stands for by accepting that the actions taken are legal and sanctioned by Parliament. Nor should we assume that intelligence accountability, which is not at arms-​length, is a solution to concerns about transgressions. Many of the intelligence intrusions into our democratic entitlements are likely here to stay but nothing precludes that citizens be protected by a robust accountability infrastructure.

The new Canadian government has announced that it will review the egregious Bill C-​51 and has proposed the creation of a parliamentary oversight body under MP David McGuinty. This is a good first step but it is not enough.

Parliamentary accountability of intelligence is vital, and now seems inevitable. Canada may follow the British model which has, itself, evolved over time. The British model began as a Committee of Parliamentarians reporting to the Prime Minister. This changed in 2013 when it evolved into the Intelligence and Security Committee of Parliament (ISC), with members appointed by Parliament after considerations of nominations from the Prime Minister. A parliamentary accountability architecture would not conflict with the existing mandates of either the Security Intelligence Review Committee (SIRC) or the Communications Security Establishment Canada (CSEC) Commissioner.

A parliamentary committee should include an active mandate to oversee all authority warranted to infringe the rights of individuals or involve potentially aggressive collection strategies beyond our borders. We cannot afford unwarranted transgressions of the rights of potentially innocent individuals. But we need more than tinkering at the edges to protect rights and freedoms.

Canada does not have adequate accountability of its intelligence activities. The Office of the Canadian Security Intelligence Service (CSIS) Inspector General, a modest but important part of the oversight architecture, was disbanded by the previous government to save a budgetary pittance. Only two organizations, CSIS and CSEC, are subject to any form of arms-​length accountability. While these are Canada’s two major intelligence organizations, quite a few other smaller departments and agencies have niche responsibilities (Global Affairs Canada, National Defence, Canadian Border Security Agency, Transport, Finance, etc.). These are not subject to any arms-​length accountability. A more robust accountability architecture would contribute to public trust.

Equally important is the need for accountability structures to have resources adequate to address realistic challenges. Neither SIRC (for CSIS) nor the small staff of the CSEC Inspector General are adequately resourced. Arms-​length accountability must be credible if public confidence is to exist.

A Super-​SIRC has been discussed to oversee the entire intelligence community. This is not the answer. The intelligence units employ different tradecraft, different operational spheres (domestic and foreign), and face a host of other challenges. However, a Super-​SIRC administrative structure or secretariat might work if it contained separate entities tasked with looking at different intelligence units since the necessary skills to carry out oversight functions would not easily shift from Transport Intelligence to FINTRAC (Financial Transactions and Reports Analysis Centre of Canada), for example. A Super-​SIRC secretariat could oversee common functions such as the protocols involved when review agencies had to connect, share, or consult with each other when appropriate – in a sense, to ‘follow the investigate thread’ when it flows from one agency to another, as has happened between CSIS and CSEC. A second area of commonality would be for a Super-​SIRC secretariat to oversee what data is provided to Canada’s intelligence partners.

An intelligence ombudsman, possibly a sitting or retired federal judge, is required to act as a court of last resort for those perceiving themselves to be penalized by the negative, illegal, or incorrect application of intelligence to their situations. People falling between the ‘intelligence cracks’ have no recourse to justice now. The media regularly reports on violations and injustices, but the media is no solution to insufficient intelligence oversight architecture.

Protecting sources and methods is imperative in the intelligence world but has become an excuse for unnecessary secrecy. Many historical intelligence files can and should be released to Library and Archives Canada for objective and arms-​length evaluation by the public (i.e., mostly academics and the media). Most historical material now being held under restricted access would not compromise security. Indeed, many intelligence files are already available in Library and Archives Canada – including World War II ENIGMA material released decades ago. Releasing historical files is a confidence building measure.

Bad things happen to people who surrender freedoms without accountability. This can’t be sanctioned in a Canadian democracy. Accountability is not to be feared by those engaged in intelligence matters. Its architecture must be balanced, objective and at arms-​length, and must provide an equilibrium between the rights and entitlements of citizens and the needs of national security. We’re not there now.

Dr. Kurt F. Jensen spent his career in the Canadian diplomatic service. He retired as Deputy Director of Foreign Intelligence. He is now an Adjunct Professor at Carleton University teaching courses relating to intelligence matters. (Image courtesy of Jeremy Board/​Flickr.)

Book Review: Andrew Gordon’s The Rules of the Game

Gordon, Andrew. The Rules of the Game: Jutland and British Naval Command. Annapolis: Naval Institute Press, 2013, reprint ed. 708pp. $34.95

9780141980324

By Captain Dale Rielage

There is always interest, and usually value, in reading what the boss is reading. Since General Al Gray established the Marine Corps reading list in the late 1980s, reading lists have proliferated across the military services. The Marine Corps Library website lists more than twenty. While the original Marine Corps reading list bore General Gray’s own unique stamp, today most military reading lists feel like the product of a committee – because most are – developed with an eye towards representing every facet and constituency in their institution. What has personally informed and moved a thoughtful warrior, however, is more interesting than the consensus of any committee…which is why, for example, Admiral Stavridis’s reading recommendations are always worth taking aboard. Earlier this month, one of my colleagues made reference to the classic work The Rules of the Game. His comment sent me back to my bookshelf. There, in the recent Naval Institute reprint edition, I noticed an epigraph that escaped my attention years ago:

This edition has been brought to publication with the generous assistance of VADM John M. Richardson, USN, Commander, Submarine Force, and VADM Peter H. Daly, USN (ret.) CEO, US Naval Institute, in the interest of helping put this book in the hands of current and future naval professionals.

It is one thing for a book to make an official reading list, but when the (then) future Chief of Naval Operations is willing to help a book to remain in print, it bears a second look. What any particular senior officer saw in this volume I can only speculate, but a couple lost weekends later, it is clear that Rules of the Game speaks to the most profound challenges facing the U.S. Navy.

On the surface, a 600-plus page (708 pages with notes and appendixes) book about the Battle of Jutland seems an unlikely means to examine the established order of U.S. Navy command and control. The fight between the British Royal Navy and the German High Sea Fleet in the North Sea on 31 May and 1 June 1916 was the largest naval battle of World War I. This epic clash of dreadnought battleships is widely regarded as a draw, with neither side achieving clear victory. Gordon, however, turns the Royal Navy at Jutland into a long case study of the role of doctrine, training, centralization, initiative, and institutions in naval warfare. He begins his analysis as the fleet engagement at Jutland is starting, with the Battle Fleet and the Battle Cruiser Fleet, the two key combat formations that comprised the Royal Navy’s Grand Fleet, getting underway from their respective homeports 200 miles from each other. So good was British naval intelligence in this era that the Grand Fleet weighed anchor in response to a planned German sortie more than four hours before the German High Sea Fleet reached the open sea.

As the narrative arrives at the moment enemy forces are in contact and key tactical decisions are being made, Gordon shifts his view back a century. In a 200 page excursion, he introduces the competing naval schools of thought and the resulting institutional habits and personal relationships that led to the British fleet acting as it did at Jutland.

Britain left the Napoleonic Wars with a navy second to none and a tradition of victory built on the aligned independence of Nelson’s band of brothers. Nelson’s famous flag hoist opening Trafalgar was the last he made during that battle – not because of his death, but because he needed no other. Shortly after the war, however, new visual signaling systems promised increasing control over the movements of forces in combat. In peacetime drills, these systems yielded reliable execution of complex maneuvers. However, the reality of how this signals system would work in combat was lost over decades. In the breach, smoke from engineering and gunnery, signal masts and halyards destroyed by gunfire, signalmen lost to shot and shell, and the sheer volume of communications in a fleet engagement would conspire to negate centralized command and control. The promise of centralized control and effective coordinated combat action, however, produced a deep influence on the Royal Navy.

In what Gordon memorably dubbed “the long lee of Trafalgar,” the Royal Navy continued to dominate the seas. Its officers retained the expectation of victory bequeathed them by their predecessors. That there had been no major fleet action in living memory was discussed, but rarely with concern. The French or Russian navies occasionally caused alarm, but no “peer competitor” called into question the fundamentals of the system – the rules of the game.

There was good reason for this comfort. By almost every metric, the Royal Navy in the second half of the nineteenth century was extraordinarily successful. Its officers were masters of seamanship and navigation and created the standard for contemporary and modern navies. Operating forward in defense of a worldwide empire, many Royal Navy officers had seen combat and had demonstrated personal courage and resourcefulness. Beatty, commander of the Battle Cruiser Fleet at Jutland, had earned distinction – and favorably impressed a young Winston Churchill – in littoral action using river gunboats to support ground forces in Egypt. Work to understand and incorporate new technologies proceeded apace, with a limited cadre of specialists articulating the new technology to the fleet at large. There were efforts to change operational culture, most prominently spearheaded by the driven and charismatic Admiral Sir George Tyron. Tyron advocated a looser form of control, emphasizing formations following the Commander’s intent as understood or expressed in the movements of his flagship. His untimely death in a collision at sea – ironically and unfairly blamed on his style of signaling – arrested reform efforts for decades.

Having allowed the German Fleet to avoid decisive battle and escape home, the Royal Navy left the field at Jutland with a sense of failure that grew as the war concluded. Denied the decisive fleet action they expected, senior British commanders engaged in decades of controversy over what signals were sent, received, intended, and expected. This controversy colors any discussion of the battle to this day. Gordon, however, seeks to move this discussion to a more profound level. While individual commanders executed the action at Jutland, their failure to exercise initiative at key moments was not truly an individual act. Indeed, Gordon asserts that the sudden exercise of tactical initiative would have been an unnatural rejection of the culture that had nurtured them through their entire professional lives.

In his final chapter, Gordon draws twenty-eight specific observations from the Jutland experience. They are directed toward the Royal Navy of the early 1990s, but will resonate with serving officers today. Gordon rails against command and control being driven by the tools of information processing. Absent deliberate restraint, every increase in the capacity to transmit information produces an increase in the amount of information transmitted – with the capacity of the senior to send information, rather than the capacity of the junior to assimilate information, driving the flow. The focus too easily becomes getting the mechanisms of communications right, believing that with that information dominance achieved, success in command and control ensues. Ready access to information and the ability to transmit orders raises the level of decision making further from the point of action. When these links fail – today from jamming, cyber attack, or destruction of communications satellites – it is folly to expect naval commanders in combat will suddenly be able to shed the culture in which they have been trained.

Gordon also highlights the difficulty of integrating new concepts and technologies into a peacetime navy. In the Royal Navy of 1900, enthusiasts for new technologies drove the stated purpose and design of new weapons – much like our navy today. Their specialized focus ignored or obscured real operational challenges to their systems. Once a new system or platform arrived in the Fleet, however, its integration and employment became the business of fleet officers who were and are often working from different approaches than the cadre of experts who designed it. As practical naval officers, they rarely set a capability aside as too flawed for use, but rather would often “make the best of it,” sometimes using the ship for an entirely different purpose than intended. At Jutland, the Royal Navy Battle Cruiser Fleet consisted of ships designed to mount heavy guns but limited armor. Their superior speed was intended to allow them to manage their range to more heavily protected enemies. In actual combat, managing this thin envelope of safety proved too difficult. 3,300 British sailors died in these ships – ten percent of all the British sailors who participated in the battle – in what Gordon aptly calls “a costly rediscovery of the designer’s terms of reference.”

That insight brings us to Gordon’s overarching theme – how the Royal Navy dealt with a long peace, technological change, and an emerging German challenge to its comfortable dominance of the maritime domain. It is a short leap to ask to what extent the U.S. Navy remains, to paraphrase, in the long lee of Midway. It is a question the service must be comfortable asking, whether or not the answers are comfortable.

Aside from its impact and insight, The Rules of the Game is delightfully written. Gordon has a knack for memorable turns of phrase and admirable clarity (if not economy) of expression that makes the long journey through his thinking as enjoyable as it is intriguing. Every naval professional’s bookshelf should have a well-thumbed copy of this volume.

Captain Rielage serves as Director for Intelligence and Information Operations for U.S. Pacific Fleet, the headquarters where the Midway operation was commanded and controlled. He has served as 3rd Fleet N2, 7th Fleet Deputy N2, Senior Intelligence Officer for China at the Office of Naval Intelligence and Director of the Navy Asia Pacific Advisory Group. His opinions do not represent those of the U.S. Government, Department of Defense, or Department of the Navy.

Twenty-Eight Observations from The Rules of the Game
by Andrew Gordon

Lessons from the Battle of Jutland
31 May to 1 June 1916

1) In times of peace, empirical experience fades and rationalist theory takes its place.
2) The advent of new technology assists the discrediting of empirical doctrine.
3) The purveyors of new technology will be the most evangelizing rationalists.
4) Rationalism, unlike empiricism, tends to assume an accretion of vested interests.
5) The training establishment may try to ignore short bouts of empirical experience to preserve its ‘rationalist’ authority.
6) Military cultures impart doctrine by corporate ambience as much as by explicit teaching.
7) In long periods of peace, ‘ambient’ doctrine may be no more than the habits of years in which war has been forgotten.
8) If doctrine is not explicitly taught, vested interests will probably ensure that wrong doctrine is ambiently learned.
9) In peacetime, doctrine is vulnerable to commandeering by ‘systems lobbyists.’
10) Innovations adopted in accordance with peacetime doctrine may lock the Fleet into both systems and doctrine which will fail the empirical test of war.
11) Purveyors of technical systems will seek to define performance criteria and trials conditions.
12) A service which neglects to foster a conceptual grasp of specialized subjects will have too few warriors able to interrogate the specialists.
13) The volume of traffic expands to meet capacity.
14) Signals ‘capacity’ tends to be defined by how much the senior end can transmit rather than how much the junior end can conveniently assimilate.
15) Signal prioritizing mechanisms become dislocated in times of overload.
16) Incoming traffic can act as a brake on decision-making.
17) The more signals, the more the sun shines on signalers.
18) The ‘center’ must subject its own transmissions to the strictest self-denying ordinance.
19) Signaling promotes the centralization of authority.
20) There is an inverse law between robust doctrine and the need for signaling.
21) Heavy signaling, like copious orders, is symptomatic of doctrinal deficiency.
22) The promise of signaling fosters a neglect of doctrine.
23) War-fighting commanders may find themselves bereft of communications faculties on which they have become reliant in peacetime training.
24) Properly disseminated doctrine offers both the cheapest and the most secure command-and-control method yet devised by man.
25) Every proven military incompetent has previously displayed attributes which his superiors rewarded.
26) Peacetime highlights basic ‘primary’ skills to the neglect of more advanced, more lateral ‘secondary’ abilities, the former being easier to teach, easier to measure, and more agreeable to superiors.
27) The key to efficiency lies in the correct balance between organization and method.
28) Doctrine draws on the lessons of history.

Sea Control 106 – Diver Tough and #Submarinerlife

What’s life like on a US Navy submarine? Do submariners listen to Lauryn Hill? What kind of whiskey do they drink?

In Sea Control: Asia-Pacific’s first podcast for 2016, Natalie Sambhi, Analyst at the Australian Strategic Policy Institute, interviews the very cool dudes from Diver Tough, a weekly podcast series by former US Navy submariners and Navy divers Walter Lyon and Josh Toth. Walt and JT tell us about Diver Tough before sharing their thoughts on #submarinerlife and the best music to listen to underwater, the end of combat exclusion for women, Navy SEALs and female submariners, Star Wars: The Force Awakens and action heroes, and lastly, their favourite scotch and whiskey picks.

DOWNLOAD: Diver Tough and Submariner Life

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