Members’ Roundup Part 14

Welcome back to another edition of the Members’ Roundup where we disseminate the works that CIMSEC members have published elsewhere. This week there is a variety of topics covered by our members and will make interesting reading for the weekend.

Continuing the theme of professional debate about the naval profession, CIMSECian Will Beasely adds some observations from history. From the golden age of professions developing to the think tanks and forums of today, Beasely extracts the issues faced by the ‘Young Turks’ of each generation. Whilst the character of the challenges may be different the fundamental logic remains the same. This article, featured on The Bridge, is certainly an interesting reflection from a civilian navalist on the topic. You can access Will’s article here.

Patrick Truffer returns this week with an article assessing whether NATO’s eastward expansion broke a promise made to the Soviet Union at the time of German reunification. Contemporary Russian analysts have echoed this sentiment and President Vladimir Putin has made similar claims in recent speeches. You can read his article at Offiziere.

This year marks the 100th anniversary of the Singapore mutiny, an event that would be a catalyst for other developments for Asian politics, Singaporean thinking on security, the role of Japan in Asia and nationalist sentiment in Asia. Over at The Diplomat Joseph Hammond explains how this event, costing the lives of 47 British soldiers and civilians to suppress, continues to influence Asia today. You can access his article here.

Earlier this month National Security Advisor Susan Rice unveiled the Obama administration’s National Security Strategy. CIMSECian and Bavevich Fellow at CNAS, Jacob Stokes, provide some initial thoughts on the document. You can access his article here at The National Interest.

Dr Ashton Carter was sworn in as the 25th Secretary of Defense several days ago. CNAS has compiled a report titled ‘Ideas to Action: Suggestions for the 25th Secretary of Defense’ to help the new SECDEF and his team navigate the challenges faced by the Pentagon. Contributors for the report include CIMSECians Jerry Hendrix and Jacob Stokes. You can access the report here.

As many States around the globe continue to modernise their fleets and invest billions in military equipment, Harry Kazianis, asks whether submarines will become obsolete. With advancements in undersea detection technology and the cost of sound-minimisation methods ever increasing, naval planners may have to return to the drawing board and rethink how to plan for undersea warfare. You can access his post here, at The National Interest.

Recent debate of future naval warfare has been dominated by discussion on the role of aircraft carriers (as well as their vulnerabilities). Over at The Diplomat, Himanil Raina, reminds us why it is important to remember the utility of surface warfare combatants.

Dean of the Fletcher School, James Stavridis, returns in this week’s roundup with his assessment of ‘the most dangerous country in the world.’ In Signal, Stavridis explains why the Democratic People’s Republic of North Korea is the most dangerous country in the world at the moment. You can access the article here.

Dave Majumdar returns this week with two articles, both featured online at The Daily Beast. The first discusses a scandal involving a former U.S. Air Force intelligence chief. The second article continues the nuclear debate; the Pentagon continues its campaign of modernizing its nuclear arsenal despite President Obama’s goal of reducing U.S. reliance on its nuclear arsenal for security. That was a goal made during the early days of his presidency and unless his views on the matter have changed then ‘someone forgot to tell his Pentagon about it,’ to use Dave’s word. You can access that article here.

At CIMSEC we encourage members to continue writing, either here on the NextWar blog or through other means. You can assist us by emailing your works to dmp@cimsec.org.

Toward a Harmonious Pacific through China-led, Confucian-based Maritime Law

What goals should the United States seek in the South China Sea?  Trying to preserve the status quo – hoping that each country be ever content with its historic resources and territory – is simply unrealistic, as demographics alter populations and climate change alters fish stocks, river flows, and even the land under one’s feet, as sea levels rise.  The U.S. feints at regional stability; yet advocating for peace while conducting military exercises with China’s neighbors, and arming those neighbors while proposing détente to their larger Pacific roommate, do nothing to turn down the temperature in an already overheated region.

Is there another way?

Interestingly, in response to China’s most recent provocative (or expansive, “salami-slicing”) efforts in the South China Sea, the affected countries have neither used, nor threatened, retaliatory military force.  Perhaps they saw the lack of international military response to Russia’s actions in the Crimea and realized the futility of might against might, facing such a stronger force as China.  Or perhaps they drew lessons from the international community’s decade-plus-long quagmire in the Middle East.  At any rate, they went, instead, to the law, and to the United Nations, with the Philippines filing a 4,000-page case in March 2014, and Vietnam joining the case in early December.  The case pends.

Chinese law is often seen by the Western world as a punitive weapon, wielded bluntly to reinforce the power of those with authority.  I came face-to-face with this stereotype in 2010, when, aboard a U.S. Coast Guard high-endurance cutter, we hosted two Chinese shipriders from the Fisheries Law Enforcement Command (now part of the China Coast Guard), to cooperatively enforce an international moratorium on high-seas driftnet fishing.  The shipriders’ knowledge of Pacific fisheries was extensive, and their insight into local fishing practices highly revealing; yet they were surprised by the professional and non-aggressive way we conducted fisheries boardings.  Excessive force was unnecessary; the rule of law enabled us.

They were not the first shipriders I’ve met who were used to maritime law enforcement being far more aggressive in their home countries. The FLEC shipriders were fascinated to learn that the law not only empowered, but also restrained us: that it protected citizens’ rights, and even the rights of non-citizens.  This is powerful.

Sunset on the South China Sea off Mui Ne village on the south-east coast of Vietnam (Author MikeRussia; Wikimedia Commons)
Sunset on the South China Sea off Mui Ne village on the south-east coast of Vietnam (Author MikeRussia; Wikimedia Commons)

Whence the origins of Chinese law?  The legal tradition in China has grown, over centuries, from two roots: Legalism, which results in the often brutal applications of punishment seen in Western media; and, curiously, Confucian philosophy.  While Legalism posits tough laws and harsh sentences to keep the populace controlled, Confucianism holds that laws should help a community achieve harmony (or “Li”); and that leaders are expected, by virtue of their status, to model the moral behaviors they want their people to emulate.  This Confucian strain in Chinese thought provides an interesting and useful opening for influencing development in a new direction, toward a cooperative and harmonious maritime code of conduct in the Pacific.

How might China be convinced to develop such a code?  After all, they are stronger than their neighbors: why handicap themselves?  Yet economics suggests that selfish or destructive behaviors net a country less long-term economic growth and geopolitical power than mutually beneficial international actions.[1] This is the angle to play, enhanced by emphasizing the inherently Chinese flavor of a Confucian-based legal code.  China has much to benefit by spending less on a military arms race and more on economic development: by cultivating harmonious relationships with their neighbors, they will create a stronger and more willing market for their goods, to keep driving the massive yet near-solitary economic growth engine keeping their political party empowered.

This is, perhaps, an audacious proposal, for it seeks through persuasion and a bit of flattery to encourage China to become a responsible maritime actor, on its own terms, by appealing to its history and pride. The U.S. could say: We can help you develop a comprehensive Pacific maritime legal framework; China-led, Confucian-based, for harmonious interaction with your neighbors and comprehensive regional prosperity.

Overly optimistic?  Not impossible.

It is important here to focus not just on maritime law tactics (how to conduct a law enforcement boarding; how to apply various levels of force) but on strategy: how to build a framework for long-term, harmonious international maritime interaction.  This could start at the military-to-military level, through engagements between China Coast Guard and U.S. Coast Guard counterparts.  China Coast Guard leaders would be invited to observe, not only tactical-level boardings and operational-level maritime law enforcement planning; but also the legal aspects of preparing case packages, reviewing case law, and arguing cases in U.S. court.  Discussions would cover both strengths and shortfalls of the existing U.S. and international maritime legal systems, expanding to cover differences between the type of maritime law enforcement the U.S. Coast Guard conducts, and the similar-but-different, non-law enforcement Maritime Interdiction Operations (MIO) conducted by both the U.S. Navy and U.S. Coast Guard to enforce UN resolutions.  What elements of each should be integrated into a Pacific maritime “code of conduct”?

(Aug. 18, 2007) SHANGHAI, China - The crew from the U.S. Coast Guard Cutter Boutwell trains with the China Coast Guard during the North Pacific Coast Guard Forum. (Coast Guard photo by Petty Officer Jonathan R. Cilley)
(Aug. 18, 2007) SHANGHAI, China – The crew from the U.S. Coast Guard Cutter Boutwell trains with the China Coast Guard as part of the North Pacific Coast Guard Forum. (Coast Guard photo by Petty Officer Jonathan R. Cilley)

One of the benefits of a Confucian-based code of conduct for South China Sea ship interactions would be to assume all parties’ good intentions, rather than their ill-will.  In a specific maritime rulebook supporting this code, potentially aggressive actions would be presumed, unless meeting certain hostile tripwires, to be honest mistakes, prompting mutual retreat.  Furthermore, in order to discourage intentional “gray area” behavior, the tripwires would specifically reflect hostile intent – regardless of whether a military or civilian actor cross them.

Additionally, again based on Confucian philosophy, the greater the power, the more the responsibility to model ideal behavior.  Thus, as the leading power in the region, the onus is on China to set the most moral and harmonious example in its maritime interactions.

This code of conduct would both complement, and expand upon, the existing COLREGS: for where the COLREGS guide navigational interactions, the expanded code of conduct would also cover “exploratory interactions” – when ships are not simply navigating from one port to another, but exploring, patrolling, conducting research, or otherwise operating intentionally but non-navigationally.

Concurrent U.S. Defense-State strategic regional engagement is also recommended, in which reductions in maritime tensions are coupled with increased diplomatic development, where the U.S. encourages countries with competing resource claims to develop bilateral or multilateral agreements for resource sharing and protection.  The goal is to convince Pacific nations that sharing the pie doesn’t mean going hungry: instead, cooperation can reduce each country’s individual share of defense and production, while promoting labor specialization and national pride.[2]  As a bonus for regional stability, the more countries invested cooperatively in an area, the greater their individual and collective desire to avoid any sort of conflict that might harm those resources, or take their production off-line.

Both the U.S. combatant commander and his country team counterparts should cooperatively emphasize Chinese-influenced, Confucian-based legal bases throughout the spectrum of their “defense, diplomacy, and development” engagements, as an overarching strategic theme.  This is one way the U.S. can face China down in their game of “Go”:[3] from every angle, at every opportunity, seeds of a harmonious rule of law will be planted.  While some efforts will be stymied or stifled, some seeds will grow, and ideally, this concept of law will begin to permeate Chinese society deeply enough that it cannot quickly be uprooted.  And why should the Chinese tear it out?  It will underpin their economic growth, protect their military from engagement, and cement their moral status as a 21st-century great power.

Engagement surrounding the rule of law is a long-range play.  The goal is not only a more peaceful, China-influenced, legal framework for the Pacific; but also to sow seeds of change for democratic evolution within China itself.  Raising awareness within Chinese leadership that laws are not just sticks with which to beat opponents, but beacons of moral empowerment; that laws should guide leaders to act justly; that the rule of law can inspire a peaceful, communal patriotism; and that people at all levels of society can trust the law to protect them – these powerful democratic concepts can, over time, drive significant positive change within Chinese society: change that traditional military might not and political posturing never could achieve.

Facilitating a China-led, Confucian based, cooperative maritime-based rule of law could eventually be expanded to other contentious and competitive domains, including space, cyberspace, and even intellectual property – all areas that could benefit from an improved, shared, legal basis. And perhaps, success in this region of the world could be expanded to locally-led and -derived, rule-of-law-based engagements in other combative areas.  After having seen such conflict and destruction on its many shores, we could at last look forward to a new era in which the Pacific is finally peaceful enough to be worthy of its name.


Lt. Heather Bacon-Shone serves in the United States Coast Guard, and has operational afloat experience throughout the Pacific.  The views expressed herein are those of the author and are not to be construed as official or reflecting the views of the U.S. Coast Guard or Department of Defense.

[1] In economic terms, rent-seeking versus profit-seeking.

[2] In other words, a non-zero-sum game.

[3] “To update an old saying, ‘Russians play chess, Chinese play “go,” and Americans play poker.”  In Reveron, Derek S. and James L. Cook.  “Developing Strategists: Translating National Strategy into Theater Strategy,” Joint Force Quarterly, Issue 55, 4th Quarter 2009, p. 21.

#CFAR15 Line-Up Announced

Our readers have spoken, and through nominations and a round of voting selected the following works for their authors to speak at CIMSEC’s Forum for Authors and Readers (CFAR) on Thursday, February 26th. I have the pleasure to moderate a discussion between these six speakers and the audience on their recent works:

Congrats to those selected! To join us, RSVP here. Full details below:

Location: Steptoe & Johnson, LLP, 1330 Connecticut Avenue NW, Washington, DC. Nearest Metro: Dupont Circle. 

Schedule (Thursday, Feb 26th):
– 5:00 – 5:30 Registration with light refreshments
– 5:30 – 6:00 Keynote with LCDR BJ Armstrong and Q+A
– 6:00 – 7:30 CIMSEC contributor presentations and engagement sessions.

Thanks to USNI and Steptoe & Johnson for their generous support in making this event possible.

LCS Versus the Danish Strawman

nils juel 2Many critics have assailed the Littoral Combatant Ship (LCS) program for its high cost in comparison with foreign, supposedly better armed and equipped equivalents. The Danish Iver Huitfeldt and Absalon class frigates are often cited as examples of cheaper, more capable small combatants in comparison with LCS. These claims are not well researched and are based on isolated points of data rather than any systemic analysis. Other nations may be able to build relatively cheap warships, but hidden factors not discussed by critics, rather than U.S. shipbuilding and general acquisition deficiencies make this possible. The Danish Navy, in conjunction with corporate giant A.P. Moeller have produced an outstanding series of warships, but a direct comparison between them with the LCS is one of apples verses oranges. It’s time to stop using this inaccurate strawman argument against LCS.

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The direct comparison of the Danish frigates to LCS is highly misleading due to significant differences in Danish shipbuilding practice and financial accounting. The Danish “StanFlex” system of “plug and play” weapons, sensors and equipment (including cranes!) officially separates these components from the advertised cost of the ship. A 2006 RAND report on the rise in warship costs specifically identified such systems as the principal drivers of warship cost inflation. The Danish concept of separating these more costly systems from their hull gives the appearance of a much less expensive warship. The ships were often accepted by the Danish Navy in an incomplete condition. The Danish Nils Juel, for example, was delivered in 2014 with 76mm guns scavenged from decommissioned ships. Danish figures suggest that the Iver Huitfeldt program used $209 million in reused equipment from scrapped vessels. Reuse, however, could not meet all system requirements. The planned 127mm (5 inch) gun system was deemed too expensive at $50 million a copy. The ship’s close-in weapon system mount was actually a dummy, wooden weapon due to a lack of certification. While equipped with a MK 41 vertical launch missile system (VLS), the ship deployed to the fall 2014 U.S. Bold Alligator exercise without the system certified for use or weapons purchased for eventual outfitting. That same reporting indicated that the ship was delivered with its damage control system incomplete and lacking a secondary steering control center. Much of the ship is built to merchant ship standards which are not as robust as those traditionally provided to warships. In addition, the Danish ship was forced to take on nearly 20 extra crew members when the lean 100 person complement was found insufficient for operational needs.

The Absalon class is more akin to a heavily armed, limited load amphibious ship rather than a surface combatant. It combines a number of warfare and expeditionary capabilities on a single hull, but excels at none of them. It is also significantly slower (at 24 knots maximum speed) than most other surface combatants. Both Absalon and her sister Esbern Snare were also delivered without their full installation of weapons and sensors. In the case of Absalon, this process took over three years. The Danish Navy has been open in regards to these conditions. U.S. advocates of adopting the Absalon or Iver Huitfeldt classes almost always overlook them.

The LCS, by contrast is delivered with significant systems such as its 57mm gun and point defense missile system incorporated into the overall cost. Scavenging of weapons from previous U.S. ships is extremely difficult due to a constant process of upgrades over time. Weapon systems, like ships also have service lives and U.S. ships being decommissioned often have equally aged weapons and supporting electrical, hydraulic and mechanical systems that make a re-installation not cost effective. Unlike the Absalon class which is not equipped to master any one warfare area in any of its configurations, the LCS can be exclusively equipped to master one such discipline. It is purposely designed to operate in tailored flotillas designed to mitigate the risks incurred by one ship like Absalon. Critics often fail to note that both Iver Huitfeldt and Absalon are nearly twice the size of LCS.  Neither has the speed requirements that drove initial LCS design considerations. The size difference alone may explain the Danish ships’ much longer endurance. These differences in Danish and U.S. practices make comparisons difficult at best.

Finally, the Danish Navy contracted the building of both the Iver Huitfeldt and Absalon classes to a single firm, the A.P. Moeller Corporation. This multinational giant derives the vast bulk of its earnings from the more stable commercial market and its warship business is not dependent on government orders, which causes instability and cost overruns in its production process. By contrast, U.S. LCS shipbuilders Lockheed Martin and Austal serve government interests much more than private ones and are more dependent on government contracts to maintain stability in their operations. The 2006 RAND report also identified this process of divided warship construction as another factor in the increased cost of surface combatants.

The LCS program has been beset with a number of technological and systemic problems since its inception that have slowed the program’s progress and likely contributed to some cost overruns. On the surface, the Iver Huitfeldt and Absalon class frigates would appear to be cost effective alternatives to the LCS. Deeper investigation, however, reveals how the Danes achieved these substantially lower figures by separating higher cost equipment from that of the platform, scavenging weapons from decommissioned ships, accepting incomplete warships for service, and purchasing these vessels from a single, robust commercial shipbuilder not dependent on or affected by unstable government ship acquisition processes. In summary, these classes meet Denmark’s needs, but are an unsuitable substitute for U.S. Navy small combatants. LCS critics, however, should not use the Danish ships as strawman LCS substitutes. It is a most unequal comparison.

Steve Wills is a retired surface warfare officer and a PhD student in military history at Ohio University. His focus areas are modern U.S. naval and military reorganization efforts and British naval strategy and policy from 1889-1941. 

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Fostering the Discussion on Securing the Seas.