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Indo-Asia-Pacific

Envisioning a Dystopian Future in the South China Sea

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By Capt. Tuan N. Pham, USN

The setting is the South China Sea (SCS) in 2035. On the Chinese island of Mischief Reef, Senior Captain Chen, the People’s Liberation Army Navy (PLAN) Spratly Islands Commander, considers a Philippines Navy request to conduct a quarterly search and rescue drill in the vicinity of the Chinese island of Scarborough Shoal. At the Philippines Navy HQ in Manila, Captain Arroyo goes over the details of the naval drill and approves its execution pending authorization from the PLAN. Near the Chinese island of San Cay in the middle of the SCS, a lone Vietnamese fishing boat evades a China’s Coast Guard (CCG) patrol craft. The fishing boat captain knows full well the penalties for illegal fishing in Chinese waters – arrest, confiscation, fine, and imprisonment. At the Petronas Corporate HQ in Kuala Lumpur, a Malaysian vice president negotiates a proposed joint development project in the vicinity of the Chinese islands of Natuna with a Chinese counterpart from China’s National Offshore Oil Corporation. Inside the Association of Southeast Asian Nations (ASEAN) Secretariat Building in Jakarta, the staff reworks next month’s meeting agenda based on guidance from Beijing.

While conjectural now, the SCS as China’s de facto home waters may become a reality in a few years. If so, the dystopian future represents a blatant contravention of the United Nations Convention on the Law of the Sea (UNCLOS) and another blow to the weakening rules-based liberal international order that has provided global prosperity and security for over 70 years. The risk is too high to defer action or do nothing on the wishful hope of Chinese benevolence. The time to act is now. It is much easier to slow or stop a large boulder rolling down a steep hill near the top than wait until it gains speed and momentum near the bottom. Inaction, or worse yet, retrenchment further reinforces the ingrained Chinese belief that it is an unstoppable rising power, and the United States is an irreversible waning power.

Beijing’s Gambit

Under the cover of the coronavirus (COVID) pandemic, China took advantage of the outbreak to expand and strengthen its administrative control and jurisdictional authority over the disputed and contested waters and intimidate regional neighbors to acquiesce to its national will. But Beijing misread the geopolitical landscape in 2020 and miscalculated its response. Chinese leaders wrongly assumed that the region and the international community would be distracted with and weakened by COVID, and that they could advance their national interests in the SCS with acceptable political and military risks and costs.

At the onset of COVID, General Secretary of the Chinese Communist Party (CCP) Xi Jinping may have thought something along these lines:

“As the regional countries, the United States, and the international community look inward to deal with the global pandemic and the force readiness of the U.S. Navy (USN) and its allies in the Pacific appears impacted by COVID, now may be an opportune time to advance China’s interests in the SCS. I anticipate a serious backlash from the world as our COVID misinformation campaign fails, so better to have something to bargain with later. I may also have to remind the people that only the CCP and PLA under my leadership can defend Chinese national interests, particularly when it comes to national unity [territorial integrity] and rejuvenation [Chinese Dream].”

Pursue Cumulative Strategy

Although the U.S.-led regional and international response temporarily checked the increased Chinese aggression in the SCS, it will not alter China’s long-term revanchist design for the international waterway or influence its revisionist global ambitions. To do that, the United States should heed Sun Tzu and pursue an enduring cumulative strategy – a series of connected actions that, when taken together, asymmetrically attacks China’s strategy, undermines China’s developing regional partnerships, and prompts China to overreact and overreach. Firstly, the United States should help the other claimants expand and strengthen their footprints in the SCS and advance resource exploration and development in collaboration with multinational corporations and other state actors. Secondly, the United States should promote and support more legal challenges to China’s excessive maritime claims and ratify UNCLOS to better pursue that avenue. Thirdly, the United States should make more investments in maritime domain awareness (MDA) and law enforcement (LE) capabilities for the other claimants and ASEAN countries bordering the SCS. Lastly, the United States should increase and enhance persistent and collective maritime presence in the SCS to include holding the next biennial Rim of the Pacific (RIMPAC) exercise in the strategic waterway.

Why Act

In the context of the SCS, Chinese overreach is any action that empowers Beijing to dictate who can occupy territories, exploit resources, and conduct commercial and military activities in the disputed and contested waters (as illustrated in the dystopian vignette), undermining the rule of law and necessitating a strong response from the United States and the international community. These overreactions include but are not limited to declaring and enforcing an air defense identification zone; requiring notification of (and perhaps permission for) transits and operations; demanding consultation with (and perhaps approval from) Beijing for any hydrocarbon exploration and development; regulating fishing throughout the SCS; policing the SCS as territorial waters; seizing and militarizing the Natuna Islands, militarizing Scarborough Shoal, and further militarizing the Paracel and Spratly Islands (strategic control points within the SCS); demilitarizing the other SCS claimants; and barring ASEAN countries from military activities outside of ASEAN.

The Chinese overreach, or overreactions, may further push the SCS claimants, other ASEAN countries (though not ASEAN as a whole), and the international community to take a more assertive stance against Beijing. The nature, scope, and extent of the pushback may buy more time for Washington to reverse the erosion of U.S. military advantages and unfavorable trends in the SCS, and for the enduring Chinese domestic problems to further weaken the fragile Chinese economy that underpins its maritime activities locally in the SCS and its coercion globally. These potential effects overlap in time, space, force, and value. From a regional perspective, a strengthened America with confident allies and partners advances a maturing Free and Open Indo-Pacific. From a global perspective, actions that uphold global rules and norms reinforce the weakening rules-based liberal international order.

What and How to Act

While some of the following proposed actions have been discussed individually before, both by myself and others, they have not been wholly framed in this targeted, synchronized, and integrated purpose and manner. They span the diplomatic, information, military, and economic (DIME) instruments of national power and are consistent with the U.S. National Defense and National Military Strategies to counter malign influence: “Compete, deter, and win below the level of armed conflict; and be strategically predictable, but operationally unpredictable, and strengthen U.S. alliances and partnerships in the Indo-Pacific.” They asymmetrically attack China’s strategy and undermine its developing partnerships in the SCS by imposing more costs (economic), winning the narratives (information), encouraging greater restraints (diplomatic), and denying the benefits or objectives thereof (military).

As Sun Tzu said: “The supreme importance in war is to attack the enemy’s strategy, next best is to disrupt his alliances, next best is to attack his army, the worst policy is to attack his cities.” It makes more strategic sense to counter Beijing by undercutting its strategy and undermining its regional relations: Operate and compete in the gray zone. Challenge China just below the threshold of armed conflict, but avoid conflict altogether. It is more advantageous and less costly to take risks and deter a conflict than to pay the price of actually fighting one.

Impose More Costs

The most effective and enduring way to dissuade and deter Beijing in the SCS is to impact its economy (pocketbook). This can be done by helping the other claimants expand and strengthen their military, basing, and infrastructure footprints and advance their resource exploration and development in the strategic waterway, thereby raising China’s operating costs in the SCS. China, Vietnam, Philippines, Malaysia, and Taiwan occupy nearly 70 disputed reefs and islets spread across the SCS. China far exceeds them in terms of reclaimed land, built infrastructures, and fielded intelligence surveillance reconnaissance (ISR) and power projection capabilities, but these local advantages come at substantial economic and political costs. To level the playing field, the U.S. should assist the other claimants to reclaim more land and improve infrastructures on their internationally recognized maritime claims. By focusing on the recognized geographic features within their exclusive economic zones (EEZ), the other claimants would steer clear of any inconsistency with the Permanent Court of Arbitration (PCA) fourth ruling that “China aggravated and extended the disputes through its dredging, artificial island-building, and construction activities.”

Another “escalate to de-escalate” strategy option is to promote more oil and gas exploration and development with multinational corporations and other state actors like Russia’s Rosneft and Gazprom, India’s Oil and Natural Gas Corporation, Japan’s Idemitsu Kosan and Teikoku Oil, and Exxon Mobil. By internationalizing and diversifying the SCS issue, Beijing could be compelled to compromise and cooperate with the other claimants for peaceful and equitable sharing of the vast oil and gas resources under the SCS. While there is no specific provision in UNCLOS requiring state-to-state cooperation to manage oil and gas resources, certain UNCLOS articles offer mechanisms to encourage compromise and cooperation in resource development. This development could be done equitably and consistently with international laws and the domestic laws of all involved claimants. 

Win the Narratives

Indonesia, Malaysia, Philippines, and the other ASEAN countries are pushing back in the SCS and pressuring China on the long-stalled SCS Code of Conduct which is set to finalize this year. They were encouraged by Vietnam as the 2020 ASEAN Chair, Vietnam’s strong response to Chinese encroachments into its EEZ in 2020, Hanoi’s consideration to take Beijing to the PCA, and the release of Vietnam’s 2019 Defense White Paper. The fleeting geostrategic conditions present yet another opportunity for America to actively promote and support more legal challenges to China’s excessive maritime claims in the SCS. Hanoi, Kuala Lumpur, and the other SCS claimants could leverage the legal precedent set by the 2016 PCA ruling in favor of Manila and submit their challenges to the PCA for arbitration. Washington should encourage these legal challenges, but to be more effective, America must first ratify UNCLOS if its support is to have international legitimacy and be taken seriously by the other claimants. Washington should also encourage a multilateral “grand bargain” for the other claimants to settle their disputes with each other, and thereby providing a united front to China’s excessive maritime claims.

Encourage Greater Restraints

An integral part of the diplomatic initiatives surrounding the SCS is shared situational awareness of the destabilizing Chinese activities therein. It is in the interest of the SCS claimants and ASEAN countries at large to “maintain MDA of their national maritime boundaries as well as of the adjacent international waterways.” They would largely welcome the transparency. Transparency promotes consensus, enables individual and collective responses, mitigates Chinese information operations against them and within ASEAN itself, and strengthens deterrence against Chinese activities below the threshold of armed conflict. Persistent ISR may also give pause to Beijing if it knows that it is being monitored and that its actions are attributable. Put simply, the other claimants and ASEAN countries cannot act collectively without first knowing what, how, where, and when to act.

Another key diplomatic component to stymie Beijing’s efforts to exert increasing administrative control and jurisdictional authority over the SCS is to build up regional LE capabilities and capacities in terms of people (training), processes (tactics), and things (equipment) and prevent China from dominating the LE domain – as the recently passed CCG law might portend. The new Chinese law authorizes the CCG to demolish foreign constructions on Chinese-claimed maritime features (which implies all such Chinese-claimed maritime features within the SCS) and allows the use of weapons against foreign vessels in carrying out these sovereignty operations. The CCG also has been given the authority to board, search, detain, and expel foreign vessels, and arrest individuals suspected of violating Chinese maritime laws (which implies greater authority over international maritime laws) in the waters under Chinese jurisdiction (which means the whole SCS).

Deny the Benefits or Objectives

The U.S. should deny Beijing’s objectives in the SCS, or at least diminish the benefits of its actions therein. There is still much value in continuing to challenge China’s excessive maritime claims through a deliberate and calibrated campaign of persistent presence operations – transits and overflights, exercises, and freedom of navigation operations (FONOP). In 2019, the USN conducted nine FONOPs, an inaugural U.S.-ASEAN maritime exercise, annual Cooperation Afloat and Readiness and Training drills, and several combined and multinational naval operations. In 2020, the USN conducted 11 FONOPs, a dual-carrier strike group operation, and a trilateral maritime exercise with the Japan Maritime Self-Defense Force and Royal Australian Navy (RAN). To date in 2021, the USN has conducted two FONOPs, a dual-carrier strike group operation, an expeditionary strike group operation, and a bilateral maritime exercise with the RAN. The number of FONOPs in 2019 and 2020 is a dramatic turnaround from the previous years (2015 – two, 2016 – three, 2017 – six, 2018 – five) in terms of operational tempo – despite the COVID impact in 2020.

The U.S. Coast Guard (USCG) has also oriented itself toward China by deploying more cutters and personnel to the region to help train their coast guards. With its developing “regional partnerships and extensive experience strengthening maritime LE regimes,” the USCG is well suited and postured to address the growing need for greater maritime governance in the disputed and contested waters. The United States’ allies and partners have likewise stepped up their presence and operations in the SCS in support of freedom of navigation (FON) – most notably Japan, Australia, India, United Kingdom, and France. Failing to conduct these lawful and routine operations in the aftermath of the landmark 2016 PCA ruling sends the wrong strategic signals to Beijing. The right strategic signals moving forward are more combined and multinational operations and exercises that underscore the universal maritime right of all nations to “fly, sail, and operate wherever international law permits.”

The United States should hold the next RIMPAC exercise in the SCS. The exercise would push back against China’s unilateral militarization of the strategic waterway, reinforce the legal standing of the PCA ruling that invalidated Beijing’s excessive maritime claims, underscore the universal importance of the rule of law and compliance with global norms, and demonstrate that the United States and like-minded nations are willing to collectively stand up for their national interests and shared values. The nature and scope of the exercise could be calibrated to achieve the desired objective. That objective may only require a portion of the exercise to be held in the SCS.

Too Little or Too Much

 For those who view the actions as too little, Washington has more options to dissuade and deter Beijing in the SCS: Build an enduring framework of bilateral and multilateral free trade agreements with ASEAN countries to bind the United States to the regional economies and keep them from moving more toward economic alternatives like the China-led Asian Infrastructure Investment Bank, Belt and Road Initiative, and Regional Economic Comprehensive Partnership. Lay the groundwork for a regionally-sponsored and -led independent environmental assessment detailing the impact of the damaging Chinese dredging, artificial-island building, and over-fishing to the fragile marine ecosystems. Upgrade the bilateral relationships with the Philippines, Vietnam, and Malaysia to strategic partnerships, and advance and accelerate the development of the Quadrilateral Security Framework. Lastly, draw a sharp comparison between Chinese divergent sovereignty positions on and convergent “gray zone” activities in the SCS and the Arctic Ocean to heighten the growing Russian and Nordic concerns of the latter. Then triangulate and bring Russia into the SCS fray to further internationalize and diversify the strategic waterway and asymmetrically check China’s growing Arctic ambitions. These options were not explored for brevity but should be considered in future strategy re-assessment on how best to influence and deter Beijing in the SCS.

Some view these actions as too much, fearing that the recommendations risk pushing Xi (and the CCP) over an invisible red line drawn by “fear, honor, and interest.” The key to the cumulative strategy is for Washington to retain escalation dominance, freedom of movement, and strategic initiative to impose its will on Beijing. As Sun Tzu said, “the clever combatant imposes his will on the enemy but does not allow the enemy’s will to be imposed on him.” Washington should seek to impose costs, deny benefits (objectives), encourage restraints, and win the narratives so that the only acceptable strategic calculus for Beijing is to curb or abandon its ambitious and expansive enterprise in the SCS. Like a rheostat, this diversified approach can adjust the “how” to achieve the desired “what.” The strategy must also offer off-ramps throughout the continuum of competition so that Xi (and the CCP) can spin the domestic narratives and save face with the Chinese people. The strategic objective is deterrence, not regime change. The desired end state is to negotiate terms from a position of advantage like during the U.S.-China trade war. China respects resoluteness (strength) and disrespects vacillation (weakness).

Act Now

It is clear that the status quo or retrenchment will have negative consequences for the United States, the region, and the world. It is equally clear that Washington must act now to turn the tides in the SCS and avert a dystopian future when Beijing exerts administrative control and jurisdictional authority of the strategic waterway. The outlined proposals provide a range of DIME options to prompt overreach by Beijing. Such overreaction may cause regional countries, and the greater global community, to view China’s destabilizing actions for what they truly are – a threat to the rules-based liberal international order.

Captain Tuan Pham is a maritime strategist, strategic planner, naval researcher, and China Hand with 20 years of experience in the Indo-Pacific. The views expressed here are personal and do not necessarily reflect the positions of the U.S. Government or U.S. Navy.

Feature Photo: The Philippine Coast Guard reported that despite repeated demands by Manila that Chinese ships leave Whitsun Reef, at least 240 Chinese vessels remained in the area and surrounding waters. Photo credit: Philippine Coast Guard, 16 Apr 2021.

Indo-Asia-Pacific

Aiki in the South China Sea: Fresh Asymmetric Approaches and Sea Lane Vulnerabilities

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By Christopher Bassler and Matthew McCarton

The Challenge: Growing Uncertainty and Tensions in the South China Sea

Over the last decade, stability in the South China Sea (SCS) has progressively deteriorated because of Chinese Communist Party (CCP) actions. China’s leadership has followed a long-term, multi-pronged strategy. On the military front they have constructed a “Great Wall of Sand”1 through island building, deployed an underwater “Great Wall of Sensors;”2 and completed detailed planning and preparations to establish air defense identification zones3(ADIZ) in the SCS. Despite assurances from the highest levels of the CCP leadership, they have militarized islands in the SCS,4 deployed bombers to the Paracels5 and built up military forces in the region.6 Diplomatically, the CCP has ignored international legal rulings, continued to assert sovereignty over disputed territories,7 and sought to dissuade, protest, and prevent Freedom of Navigation Operations (FONOPS).8 On the commercial front, the CCP has encouraged its large fishing fleet to overfish within other states’ exclusive economic zones (EEZs).9 When confronted, they have often harassed local fisherman and even purposely collided with them, leading to sinking vessels.10

A key feature of the CCP’s approach has been an attempt to calibrate individual disruptive and provocative actions in the SCS (and elsewhere) below the international threshold for armed conflict. As a result, responses from individual states, or coordinated action from nations with common interests, have been limited. The U.S. and other nations have requested clarity from the CCP or simply disregarded China’s unlawful and unfounded maritime claims. The only other notable responses have been the establishment of a Code for Unplanned Encounters at Sea (CUES), a series of FONOPS, and the use of limited but targeted sanctions.11 A recent indicator of the state of increasing tensions in the region is the establishment of a new “crisis communications” mechanism between the U.S. and China,12 as well as reportedly strict orders from CCP leadership to avoid initiating fire,13 in an attempt to avoid sudden armed escalation in the SCS.

With hindsight, it is unmistakably clear that the CCP’s collective actions have been in support of a long-term strategy. It is equally apparent that traditional instruments of diplomacy and military power have had limited practical effect against incremental sub-threshold actions. Because no nation has a desire for escalation, the CCP’s strategy must be countered with sub-threshold asymmetric actions by the U.S. and allies. These actions must capture the CCP leadership’s attention, help them to understand that their provocations are taken seriously, and that there are corresponding negative consequences.

Aiki is a fundamental principle in Japanese martial arts philosophy that encapsulates the idea of using minimal exertion and control to negate or redirect an adversary’s strength to achieve advantage. The legitimacy of the CCP’s leadership rests on a core foundation of economic strength and growth, as well as prestige. Due to China’s geography, the principal artery of this economic growth is through the maritime approaches of the SCS. The most direct way to affect CCP behavior is to consider how the free flow of goods and energy at sea through the maritime approaches of the SCS may be altered. And by alternating these maritime flows, further impacts and restructuring of trade-flows and global supply chains may also occur.

No Good Options: Considering Maritime Asymmetric Strategies

Since the end of World War II, the overwhelming might of the U.S. Navy has guaranteed freedom of the oceans and ever-increasing maritime commercial activity that has lifted countless people out of poverty around the world. However, there are many indications of the American public’s growing desire for a retreat from the forms of global engagement that have been the norm since the Japanese Instrument of Surrender was signed 75 years ago on the USS Missouri in Tokyo Bay.14 Over the last two decades, the ship inventory and material readiness of the U.S. Navy have noticeably declined, while the PLAN has emerged as a regional naval power with increasing capabilities. Future American naval recapitalization efforts are likely to face the twin headwinds of a lack of political will and increasing pressure on defense budgets. Efforts to encourage allies to increase defense spending and concentrate on effective capabilities will continue, while suggestions to “lead from behind” will likely increase. 

The core of American naval strategy will continue to be to fight an “away game” when required. The U.S. Navy will still be the world-leading force with its substantial naval power and effectiveness, even if no longer in quantity, and will contribute massively to global security, despite the growing pressures. However, in the next decade, the U.S. is likely to find it increasingly difficult to project power whenever and wherever it wants, as it had grown accustomed to since the end of the Cold War.

For these reasons asymmetric strategies must be developed by the U.S. and key allies, both as a hedge against decline and to act as force multipliers. The imperative is not new. When the U.S. Navy’s inventory began to first noticeably decline during the 2000s, the idea of a 1,000-ship navy gained prominence.15 This was more of a conceptual framework and a call for expanding cooperation, than a significant change in activities or force structure. The U.S. Navy has for decades used multinational task group exercises and interoperability training with allied navies to increase capability. Concepts have also been developed to use conventional weapons in asymmetric “hedgehog” strategies, particularly by key allies and partners, but these are mainly meant to be used if, and when, a conflict arises. What is needed is for the U.S. to help its allies and key partners to cooperatively develop comprehensive maritime-based asymmetric sub-threshold strategies to respond to the CCP’s activities and incursions.

Since antiquity, the oceans have been a venue for naval powers, big and small, to clash in pursuit of their respective national interests.16 If American maritime power recedes, local power vacuums will eventually be filled. The chances for naval conflict will increase between regional hegemons, like China, and smaller states, especially those with predominantly coastal navies. For the broader Indo-Pacific region, and especially in the SCS, several key factors further increase the odds of conflict. The number of small surface combatants in the Indo-Pacific has greatly increased (Figure 1) as well as the number of nations acquiring and operating them (Figure 2). This growth in small surface combatants is in direct response to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) that gave each nation an incentive to protect its 200-mile Exclusive Economic Zone (EEZ). All navies have the following basic options at their disposal: fleet engagement, blockade, raids on commerce (guerre de course), and raiding (guerre d’razzia).  

Figure 1. Number of Small Naval Surface Combatants (50-4,000 tons displacement), 1980-2014, by Region, with China featured. (Click to expand)17

Most small navies have neither the means nor the strategic interests to seek out a climactic fleet engagement. Traditional sea control is beyond the means of smaller coastally oriented navies. Instead, they seek to defend the sovereignty of their EEZ and maintain a force that is credible enough to deter aggression by being capable of exacting a heavy price from their adversary, even if they have no chance of defeating a larger foe.18 Sea denial approaches typically focus on the use of shore-based missiles and aircraft, sea mines, torpedoes, submarines, and fast attack surface combatants. Technological advances have allowed for increasingly more capable missiles to be effectively deployed on smaller combatants, as well as from land. But these are less useful against sub-threshold actions. Likewise, blockades are difficult to implement effectively and have a high probability of leading to escalation, especially over time.19  

Effective asymmetric strategies are needed. There are options beyond sea control and sea denial, primarily sea disruption or harassment: raids on commerce (guerre de course) and raiding (guerre d’razzia).20

Figure 2: Small Naval Surface Combatants (50-4,000 tons displacement) of Asia, 1980-2014.(Click to expand)21

Commerce raiding is resource-intensive and typically best employed during a protracted war. Historically, it has been carried out by a near-peer navy, or at minimum, a navy that enjoys a specific technological or geographic advantage. The U-boat enabled Germany to use this approach against Great Britain and the U.S during both World Wars. This was also part of the U.S. Navy’s strategy against Japan from 1942-45. The nascent American Navy in both the American Revolution and War of 1812 was no match for a direct confrontation with the Royal Navy, but successfully conducted limited commerce raiding against Great Britain because of favorable geography and the technical superiority of its frigates over their Royal Navy counterparts. Guerre de course does not seek to achieve a direct naval result, but to diminish the national will of an adversary through protracted economic pain. Ultimately, guerre de course is not a good option for a small coastal navy because the convoy is an effective counter-strategy, as has been demonstrated from antiquity, through the Anglo-Dutch Wars, to the Napoleonic Era and 20th Century wars.

Generalized raiding has a long historical tradition as an asymmetric approach to maritime strategy. This was especially prevalent before the modern era, when weaker central governments did not have the resources to maintain highly trained standing navies. With the advent of strong central governments and professional navies, guerre d’razzia fell out of favor with major powers because it was ultimately counterproductive to their respective hegemony. Since the age of steam and steel, the disparity in capabilities between major navies and all others has grown so large that guerre d’razzia became rare and highly localized. Its use dwindled to specific regions where a major power could use a smaller ally as a skirmisher against a major power adversary.

Coupled with longer-term efforts for economic sanctions, increased patrols, direct support, capacity building and collective statements,22 such a guerre d’razzia strategy could be revived in the SCS. A robust asymmetric strategy of guerre d’razzia could include maritime irregulars, privateers/raiders, and proxy forces employed in hit-and-run raids on commercial ships. Maritime raiding requires speed, deniability, non-uniform assets, and the ability to blend back into the local surroundings. Coastal navies could employ these sub-threshold/gray zone tactics to minimize a regional great power’s conventional military response to their provocations. Of course, there would be a certain irony of nations employing maritime “guerrilla tactics” against the CCP. Guerre d’razzia may be enticing to some states, because the economic dimension of Chinese power remains at the forefront of the CCP leadership’s thinking, especially with the continued slowing of the Chinese economy.

However, this would be antithetical and illiberal to the predominant view of an international rules-based order. By upholding a rules-based order in the SCS, the U.S. has been a key enabler of ensuring the conditions for Chinese economic growth and power, as well as gray zone methods of coercion. Until recently, the U.S. has accepted the role as the world’s security guarantor, especially in critically important maritime zones. As a result, the U.S. and key allies have continued to ensure the free flow of commerce across the entirety of the SCS, while the PRC has simultaneously been free-riding and increasingly provocative. But what else can be done?

The Least Bad Option: Rerouting the Sea Lanes

Some have rationalized their acceptance of the militarization of the islands in the SCS on the basis that it was unlikely to affect commercial shipping directly.23 However, the steady deterioration of the situation in the SCS should encourage skepticism of those assumptions. The CCP’s continued provocative actions in the SCS have negatively affected the long-guaranteed security in the region for all. The dependability and predictability of shipping transits through the SCS sea lanes have become increasingly uncertain.

The U.S. and its regional allies and partners should recognize the reality of this major shift and adapt accordingly to establish a new major maritime trade route. This would re-route the preponderance of maritime traffic not destined for China from the Strait of Malacca through the Java Sea and the Makassar Strait, then the Celebes Sea, and north along the east side of the Philippines (Figure 3), instead of around the Spratly Islands. This approach would only increase shipping times by a few days and ensure maritime trade flows to key allies such as Taiwan, South Korea, the Philippines, and Japan. By rerouting shipping around the South China Sea, the volume of maritime traffic that China could threaten or coerce would decrease and correspondingly diminish its leverage.

Figure 3. Shipping Routes Through the South China Sea (CSBA Graphic). Shipping Flows (various cargo types) in the Indo-Pacific (top left ); simplified primary shipping routes used today in the South China Sea (bottom left); proposed alternative primary shipping routes (right).[Click to expand]24
The U.S. should declare that until further notice, it will only ensure the security of shipping trade flows in the southern half of the SCS. Even without immediate crisis or war, the U.S. administration could announce that due to CCP actions, including illegal island building and militarization, the U.S. can no longer guarantee the security of shipping in the specific region of the northern half of SCS (above the Spratly Islands). It should urge China to return to recognizing and adhering to long-standing international norms, or the effect will be a permanent re-routing of key global shipping. The U.S. should be clear that shipping will still be protected for all ASEAN states bordering the SCS (e.g. Vietnam, Malaysia, Thailand, Indonesia, Philippines, and Cambodia), all of which can be accessed via the southern half, and with transits closely following the coastline, particularly in the case of Vietnam and the Philippines. Shipping flows to Taiwan, South Korea, and Japan will continue to be protected, and it will continue to be in their mutual interest to support the establishment and patrols of this alternative route that avoids the most contested parts of the SCS. A corresponding presidential direction to INDOPACOM would ensure that FONOPS would still be conducted throughout the entirety of the SCS, but that protection of shipping is no longer “guaranteed” in the northern half.

By focusing on the southern half of the SCS, potential vulnerabilities from China’s militarization of the Spratly Islands would be minimized, while still ensuring critical shipping flows to regional states. This would prioritize the scope of U.S. Navy and Coast Guard activities,25 while still conducting FONOPS in the northern half of the SCS, as desired. The U.S. must emphasize to Indo-Pacific nations that this is not ceding the SCS to become effectively a Chinese “lake,” but instead reassure them that the objective is to re-route global shipping traffic to a more free, open, predictable, and stable alternative.

Understandably, the main consideration for global shipping is security and stability to enable predictable schedules. The U.S. and like-minded countries should encourage this alternative routing, for stability and predictability, and so maritime forces can be better used to collectively ensure shipping in a much safer and less contentious new route. Inevitable outrage or backlash from the CCP will only help to re-enforce the urgent need for implementing this approach.

By shifting the preponderance of maritime traffic out of the northern half of the SCS, especially those sailing to non-Chinese destinations, this would also make the task of target deconfliction easier in the undesirable event of future hostilities. This is especially important within close proximity to the sophisticated surveillance and weapons capabilities China has deployed on many of the artificial islands.26 Vessels remaining in the northern half of the SCS would likely be destined for Chinese ports, or be military vessels, which would enable other strategies, such as sea denial or blockades to be much easier to execute when necessary. Attempts to disrupt or attack vessels following the alternative shipping route outside of the SCS would be more difficult due to its proximity to allied territory where combined sea, air, and land would be available to provide substantial and effective support and safety.

Some piracy already occurs in the SCS.27 However, without the express guarantee of securing the shipping lanes in the northern half of the SCS, a corresponding increase in piracy and raiding-like activity may follow, concentrating to this geography. An uptick in this activity may be a result of the obvious pursuit of plunder, or potentially some states opportunistically enacting a limited guerre d’razzia strategy. Commerce raiding in the northern SCS would be unlikely to affect the Chinese economy directly, given its massive size. However, the unfortunate occurrence of commerce raiding would likely require the PLAN to become encumbered with dealing with local problems, chasing asymmetric ghosts at sea.

Conclusion

If select states were to employ maritime guerilla warfare in a limited and targeted way in the northern half of the SCS, China would have a clear glimpse of the implications of a world without the U.S. Navy and allies and partners guaranteeing the free flow of shipping. This would be a stark reminder of the key differences between a regional great power and the constructive and rules-based role of a global hegemon. This continued activity would further incentivize the restructure of trade flows and global supply chains, particularly away from the instability associated with transiting to Chinese ports, and instead to ASEAN countries. Key Indo-Pacific nations could more effectively employ their fleets of coast guard vessels and small combatants to support limited-range convoy escorts along the new routes, as well as fisheries patrols, enabling them to contribute more to their own security and the stability of the Indo-Pacific region, while avoiding a hyper-localized region of instability.

It is time for the U.S. and key allies to refocus their efforts and enact an effective response in the South China Sea by re-routing the sea lanes for peace, stability, and freedom for all nations of the Indo-Pacific that adhere to international law and rules-based order.

Christopher Bassler is a Senior Fellow at the Center for Strategic and Budgetary Assessments (CSBA).

Matthew McCarton is a Senior Strategist at Alion Science and Technology Corporation.

References

1. https://www.cpf.navy.mil/leaders/harry-harris/speeches/2015/03/ASPI-Australia.pdf

2. https://www.forbes.com/sites/hisutton/2020/08/05/china-builds-surveillance-network-in-international-waters-of-south-china-sea/#7ad20aef74f3

3. https://www.scmp.com/news/china/military/article/3086679/beijings-plans-south-china-sea-air-defence-identification-zone

4. https://thediplomat.com/2016/12/its-official-xi-jinping-breaks-his-non-militarization-pledge-in-the-spratlys/; and https://www.wsj.com/articles/china-completes-runway-on-artificial-island-in-south-china-sea-1443184818

5. https://timesofindia.indiatimes.com/india/south-china-sea-as-china-deploys-bomber-vietnam-briefs-india-about-deteriorating-situation/articleshow/77682032.cms

6. https://www.usnews.com/news/world-report/articles/2020-07-20/china-us-escalate-forces-threats-in-south-china-sea

7. https://www.nytimes.com/2016/07/13/world/asia/south-china-sea-hague-ruling-philippines.html

8. https://www.nytimes.com/2020/08/27/world/asia/missiles-south-china-sea.html/

9. https://www.nbcnews.com/specials/china-illegal-fishing-fleet/; and https://www.scmp.com/news/china/diplomacy/article/3097929/chinese-fishing-boats-near-galapagos-have-cut-satellite

10. https://csis-ilab.github.io/cpower-viz/csis-china-sea/; and https://maritime-executive.com/article/report-chinese-vessel-rams-vietnamese-fishing-boat-in-s-china-sea

11. https://www.theguardian.com/world/2020/aug/27/south-china-sea-us-unveils-first-sanctions-linked-to-militarisation

12. https://www.express.co.uk/news/world/1321525/South-China-Sea-US-china-Beijing-maritime-conflict-Mark-Esper-Defense-Minister-Wei-Fenghe

13. https://thediplomat.com/2020/08/chinese-military-told-to-prevent-escalation-in-interactions-with-us/

14. Zeihan, Peter, Disunited Nations: The Scramble for Power in an Ungoverned World, Harper Business, 2020.

15. McGrath, Bryan G. “1,000-Ship Navy and Maritime Strategy,” Proceedings, January 2007.

16. Rodgers, William L., Admiral (USN), Greek and Roman Naval Warfare: A Study of Strategy, Tactics, and Ship Design from Salamis (480 B.C.) to Actium (31 B.C.) Naval Institute Press, 1937; Rodgers, William L., Vice Admiral, USN (Ret.), Naval Warfare Under Oars; 4th to 16th Centuries, Naval Institute Press, 1940.

17. McCarton, Matthew, A Brief History of Small Combatants- Their Evolution and Divergence in the Modern Era, Naval Surface Warfare Center Carderock Division (NSWCCD) – Center for Innovation in Ship Design (CISD) report, September 2014.

18. Borresen, Jacob, “The Seapower of the Coastal State,” Journal of Strategic Studies, Volume 17, 1994 -Issue 1: SEAPOWER: Theory and Practice

19. https://nationalinterest.org/blog/buzz/how-massive-naval-blockade-could-bring-china-its-knees-war-50957?page=0%2C1

20. Armstrong, B.J. Small Boats and Daring Men: Maritime Raiding, Irregular Warfare, and the Early American Navy, University of Oklahoma Press, 2019.

21. McCarton, Matthew, A Brief History of Small Combatants- Their Evolution and Divergence in the Modern Era, Naval Surface Warfare Center Carderock Division (NSWCCD) – Center for Innovation in Ship Design (CISD) report, September 2014.

22. https://warontherocks.com/2020/07/what-options-are-on-the-table-in-the-south-china-sea/

23. https://thediplomat.com/2015/05/4-reasons-why-china-is-no-threat-to-south-china-sea-commerce/

24. Top left in Babbage, Ross (ed.), “Which Way the Dragon? Sharpening Allied Perceptions of China’s Strategic Trajectory” CSBA Report, 2020; with data from Kiln and University College London, “Visualization of Global Cargo Ships,” (available at: https://www.shipmap.org/). The passage frequency and routing of different types of ships is indicated by the colored lines. Yellow = container ships, Mid-blue = dry bulk carriers, Red = tankers, Light blue= bulk gas carriers, Pink = vehicle carriers

25. https://news.usni.org/2019/08/27/pacific-deputy-coast-guard-a-continuing-force-multiplier-with-navy-in-global-missions

26. https://www.andrewerickson.com/2020/08/south-china-sea-military-capabilities-series-unique-penetrating-insights-from-capt-j-michael-dahm-usn-ret-former-assistant-u-s-naval-attache-in-beijing/

27. https://cimsec.org/marines-and-mercenaries-beware-the-irregular-threat-in-the-littoral/45409

Featured Image: China’s sole aircraft carrier, the Liaoning, arrives in Hong Kong waters on July 7, 2017, less than a week after a high-profile visit by president Xi Jinping. (Photo via AFP/Anthony Wallace)

Indo-Asia-Pacific

Cooperative Maritime Law Enforcement and Overfishing in the South China Sea

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By Michael Perry

Introduction

Fish are the primary source of animal protein for populations bordering the South China Sea (SCS) and overfishing in the region has emerged as a major threat to food security.1 Over the past 30 years fish stocks have declined by one-third and are expected to decrease an additional 59 percent by 2045 if current practices persist.2

The threat is recognized by all SCS nations but hasn’t been curtailed for three primary reasons. First, the migratory nature of fish requires all SCS nations to jointly agree on constraints. Disagreements have not only made cooperation difficult, but have led to increasingly frequent confrontations between rival Maritime Law Enforcement (MLE) forces and fishermen. Second, even if nations could agree, the presence of Illegal, Unreported, and Unregulated (IUU) fishing creates an MLE challenge. Lastly, the first two challenges coalesce to form a third – disparities in MLE capabilities affect perceptions of fairness and the perceived benefits of cooperation. That is, a nation asked to carry a heavier MLE burden may demand an increased share of fish stocks.

There may be a solution. U.S. MLE assistance can set the conditions for a fair, fully cooperative fishing agreement among SCS nations with minimal risk of escalating the present situation to the level of war.

Challenges to Cooperation

Fisheries economists agree that when nations cooperate to optimize the use of depletable resources, total catch increases because stocks are maintained at high levels.3 However, economists have also demonstrated that nations deviate from this total catch maximization model because there is no clear way to divide the “cooperative surplus” among nations, defined as the excess catch above what’s attained under noncooperation.4 As a consequence, noncooperation leading to overexploitation has been observed time and again.5 The reasoning behind this is simple. If nations unilaterally pursue policies not agreeable to others, the sum of these policies will exceed the optimal cooperative policy, and stocks will become depleted.

The concept of a fair allocation of the cooperative surplus is particularly challenging in the SCS. Expansive claims based on historical discoveries and interpretations, United Nations-defined exclusive economic zones, and the occupation of islands and reefs afar from mainlands leads to a large degree of overlapping jurisdictions.6 The most extreme claim is that of China’s “nine-dash line,” encompassing 80 percent of the SCS.7 Aside from tangible issues of geography and historical discovery, a nation’s ideology can contribute to what’s perceived as “fair.” China views itself as a Middle Kingdom that ought to govern affairs in its area of the world, if not globally. This conflicts with the U.S. view that it occupies the position of global leadership and must “contain” China from becoming too influential.8 Thus, even if China could make a case that its geography, population, MLE capabilities, and so on, warrant a “fair” allocation encompassing its claimed 80 percent of the SCS, established U.S. policy would be to exert influence to alter this balance, which would enrich other SCS nations to the detriment of China.

Were the challenge of a fair allocation of the cooperative surplus to be solved, SCS nations would still face an MLE challenge as IUU fishing is prevalent in the SCS. The current situation under noncooperation is informative for understanding the extent of IUU fishing. The Southeast Asian Fisheries Development Center, an intergovernmental organization including all SCS nations other than China, estimates IUU fishing currently accounts for 8-16 percent of total catch.9 Much of this is Chinese fishing which China doesn’t consider IUU, but it would be naïve to assume that were China to enter a cooperative agreement that curtails its allowable catch, there would be a corresponding decrease in IUU fishing.  A cooperative agreement will place increased constraints on fishing, thus decreasing supply and increasing the incentive to fish illegally. For fishermen suddenly forced out of the legal fishing business, IUU fishing will be a logical, even if risky, line of work. Empirically, past agreements outside the SCS have seen this phenomenon occur.10 Thus, to address the MLE requirements brought by a constrained fishing environment, nations must also engage in security cooperation so MLE effectiveness can be maximized. IUU fishing can only be assumed to decrease following a cooperative agreement if SCS coast guards fully integrate their MLE efforts so there are no weak spots IUU fishermen can exploit.

The final challenge to cooperation is a conglomeration of territorial disputes and IUU fishing, along with China’s supremacy in MLE. China’s coast guard easily surpasses all other SCS nations combined in gross tonnage, with 190,000 tons of coast guard vessels of multiple types.11 In contrast, Vietnam and the Philippines possess 35,000 and 20,000 tons, respectively, while Indonesia possesses about 400 vessels compared to China’s 1,300.12 ISR and aircraft are both force multipliers in MLE and China has superiority in each of these.13 Thus, China possesses great leverage when bargaining over the cooperative surplus. 

Presently, noncooperation persists because China has calculated it is better off using its MLE strength to unilaterally impose its own laws in the SCS, rather than submitting to terms acceptable to the other bordering states. This strategy is evident in repeated instances of the Chinese Coast Guard intervening in fishing disputes with Vietnam near the Paracel Islands, with the Philippines near the Scarborough Shoal (approximately 472 NM from the Chinese mainland), and with Indonesia near Natuna (1151 NM).14 The problem with this unilateral Chinese strategy, aside from a lack of fairness, is that it has failed in the sense that overfishing persists. Despite its superiority in MLE, China hasn’t been able to reverse the observable trend of depleting stocks in the SCS.

In light of these issues, while geography and historical claims are immutable sources of conflict, MLE capabilities are mutable and can be employed by the U.S. to mitigate the threat of overfishing in the SCS. By providing MLE assistance to non-Chinese coast guards, the U.S. can, at minimum, assure China’s attempt to unilaterally control the SCS no longer appears feasible, and may even bring about a fully cooperative agreement.

Shaping the Conditions for Cooperation

An important notion from cooperative game theory is that when the right incentive structure is in place, players who would otherwise be in competition will form a “cooperative coalition” that is beneficial to all. The first objective of U.S. MLE assistance in the SCS should be to provide non-Chinese nations sufficient capabilities to police an area of the SCS that can provide a sustainable level of fish to all nations in the coalition. Lacking this, some nations may acquiesce to Chinese unilateralism as the best option. A fully cooperative agreement would include China, whose MLE capabilities would partially offset needed U.S. assistance to combat IUU fishing, and per economic theory total catch will increase as well. While Chinese cooperation can’t be assumed, it is highly desirable and MLE assistance should be directed toward convincing China the coalition can be an ally vice adversary.

While the coast guard figures cited earlier show a clear capabilities advantage for China, it is not an overwhelming one. Consider, for instance, disparities in population and hence demand for fish. Non-Chinese nations account for only 25 percent of the population bordering the SCS, so coalition MLE may only need to control a comparatively small section of it.15 Further, while China does possess superior air and ISR assets than other SCS nations, they still lag the U.S. in these areas.16 Aircraft and ISR are comparatively cheap relative to large end surface vessels. These facts make it seem promising the U.S. can cost-effectively close the MLE capabilities gap; looking at current coast guard and military aid budgets provides a useful heuristic to assess this more fully. China spent approximately $1.7 billion per year from 2011 through 2015 to modernize its coast guard. In contrast, the U.S. currently spends over $10 billion per year on its coast guard, while Vietnam and the Philippines each spend about $200 million.17 U.S. military aid for fiscal year 2019 allocated $30 million, $12 million, and zero dollars to the Philippines, Vietnam, and Indonesia, respectively. The global mission to improve food security was allocated $518 million.18 Active participation by U.S. Coast Guard assets in the SCS has been virtually nonexistent, though in May 2019 they participated in a combined exercise with the Philippines, perhaps signaling willingness by the U.S. to invest more in MLE assistance.19

Given these figures it is clear a relatively small investment in the modernization of regional coast guards could go a long way. While federal budgeting is competitive and slow to change in the U.S., there are strong reasons to justify increased funding for MLE in the SCS. Aside from the general notion throughout the Department of Defense of a shift in emphasis toward INDOPACOM, there is a growing trend towards gray-zone operations where coast guards are better positioned than navies to play the central security role.20 Further, MLE assistance is ultimately intended to induce security cooperation with China to combat IUU fishing; successful cooperation on the comparatively benign issue of overfishing may pay dividends in resolving contentious issues closer to the level of war.

The above analysis makes it appear feasible the U.S. could provide the necessary MLE assistance to cordon off a section of the SCS sufficient to supply sustainable levels of fish to partners, and at a moderate cost. The problem, however, is that due to the migratory nature of fish this cordoned off area must be larger than what a simple calculation of fish per capita would suggest. Fish stocks intentionally left uncaught by the coalition will migrate to waters not policed by the coalition. In an idyllic world China wouldn’t deplete these migratory resources, but realistically overfishing should be expected as China disagrees with the fairness of the coalition’s policy. To account for expected Chinese excesses the coalition’s area must expand, so not only does required MLE assistance increase, but there is a risk of becoming too provocative and causing China to escalate hostilities to the level of conflict. It is therefore critical to assess the likelihoods of China joining an expanding coalition, and alternatively escalating to war.

The rationale for China joining the coalition in the face of U.S. MLE assistance is that, given the strengthened ability of the coalition to defend its waters, China’s strategy of unilaterally imposing its own laws for sustainable fishing will become clearly impractical. Under the current state of affairs China’s strategy isn’t working yet there’s still no sign of a shift, indicating they still believe aggressive unilateralism can work if they further advance their MLE capabilities. By advancing a regional coalition’s MLE toward first-world standards, U.S. partners can impose costs on Chinese unilateralism and hopefully encourage China to see cooperation as the best option. The suboptimality of unilateral MLE on the part of China is, however, not sufficient to assure cooperation. China has a third option, which is to escalate the dispute over fishing to the level of war. Fortunately, there are multiple reasons to believe China won’t take such action.

A comparison to a similar dispute over fishing laws involving China is informative. In the East China Sea (ECS), China and Japan have an ongoing dispute over fishing rights near the Senkaku Islands. While each continues to proclaim ownership of the Senkakus and surrounding waters, there have been far fewer provocative actions by China than seen in the SCS, and zero instances of the Chinese Coast Guard detaining Japanese fishermen.21 The limited hostilities in the ECS are likely the result of Japan fielding a peer coast guard to China’s.22 In fact, far from leading to war over the Senkakus, Japan’s ability to resist Chinese unilateralism led to an agreement between the two nations on both fishing constraints and MLE cooperation, which was signed in 1997.23

Despite the datapoint that Japan’s peer coast guard successfully curtailed Chinese unilateralism in the ECS, there is a justifiable fear that the interactive effects of China being curtailed in both the ECS and SCS would push it over the edge. It may consider failure to control either the SCS or ECS an unacceptable threat to its aim of becoming a global superpower and opt for war rather than cooperation.24

This is, however, unlikely due to the multitude of internal problems China currently faces that hinder its ability to wage a conventional war against U.S. partners. For example, China is facing a workforce crisis where cheap labor, which was the catalyst for its “economic miracle” that began in the late 1970s, is disappearing. Mortality rates, once in decline, are now on the rise in China.25 The United Nations’ Human Development Index for China also lags far behind first-world standards.26 All these factors negatively effect China’s ability to fund a prolonged, large-scale war. China does have escalation dominance over other SCS nations, so to signal to China that war would in fact be “prolonged” and “large-scale,” the U.S. must maintain its strong naval presence in the region as a sign of its commitment to fight a war if necessary.

Conclusion

U.S. MLE assistance in the SCS can mitigate Chinese unilateralism on fishing rights without provoking war, establish sustainable levels of fishing without Chinese cooperation, and may lead to a fully cooperative agreement with China to combat overfishing. Full cooperation has three key advantages, including a greater total catch, a reduced requirement for the U.S. to provide MLE assistance, and a reduction in the threat of war, even if this is small in the noncooperative case. It is therefore in the U.S.’ and partners’ interests to provide fair terms for an agreement with China rather than one that appears exploitative and pursuant of a containment policy. An agreement that is most likely to be accepted is one that has clearly defined rules on who can fish where and how much, how random fluctuations in catches will be remedied through trade, as well as complete transparency in how these determinations are made.

Michael Perry is a PhD student at George Mason University studying applications of game theory in the security environment. He is also a U.S. Navy Reservist and has deployed to Singapore, Bahrain, and Rota, Spain. The views expressed in this article are his own.

References

1. Zhang, “Fisheries Cooperation in the South China Sea: Evaluating the Options.” Marine Policy 89 (February 2018): 67–76. https://doi.org/10.1016/j.marpol.2017.12.014.

2. Hsiao, Amanda. “Opportunities for Fisheries Enforcement Cooperation in the South China Sea.” Marine Policy, June 2019, 103569. https://doi.org/10.1016/j.marpol.2019.103569.

3. Munro, Gordon R. “Game Theory and the Development of Resource Management Policy: The Case of International Fisheries.” Environment and Development Economics 14, no. 1 (February 2009): 7–27. https://doi.org/10.1017/S1355770X08004671.

4. Kaitala, Veijo, and Marko Lindroos. “Sharing the Benefits of Cooperation in High Seas Fisheries: A Characteristic Function Game Approach.” Natural Resource Modeling 11, no. 4 (1998): 275–99.

5. Munro, Gordon R. “Game Theory and the Development of Resource Management Policy: The Case of International Fisheries.” Environment and Development Economics 14, no. 1 (February 2009): 7–27. https://doi.org/10.1017/S1355770X08004671.

6. Stearns, Scott. “Challenging Beijing in the South China Sea.” Voice of America. State of Affairs (blog), July 31, 2012. https://blogs.voanews.com/state-department-news/2012/07/31/challenging-beijing-in-the-south-china-sea/.

7. “Coastguard Here to Help, US Says to South China Sea Nations.” South China Morning Post, July 11, 2019. https://www.scmp.com/news/china/diplomacy/article/3014006/coastguard-here-help-says-us-south-china-sea-nations.

8. Goodman, Melvin. “The Twin Dangers of Exceptionalism and Mindless Bi-Partisanship.” Counter Punch, June 13, 2019. https://www.counterpunch.org/2019/06/13/the-twin-dangers-of-exceptionalism-and-mindless-bi-partisanship/.

9. “Catch Documentation and Traceability.” Southeast Asian Fisheries Development Center, n.d. https://www.seafdec-oceanspartnership.org/catch-documentation-and-traceability/.

10. Zhang, Hongzhou. “Chinese Fishermen in Disputed Waters: Not Quite a ‘People’s War.’” Marine Policy 68 (June 2016): 65–73. https://doi.org/10.1016/j.marpol.2016.02.018.

11. Morris, Lyle J. “Blunt Defenders of Sovereignty – The Rise of Coast Guards in East and Southeast Asia.” Naval War College Review 70, no. 2 (2017): 38.

12. Morris, “KPLP Director Asks for Effective and Efficient Patrol Boat Management.” Berita Trans, May 7, 2018. http://beritatrans.com/2018/05/07/direktur-kplp-minta-pengelolaan-kapal-patroli-efektif-dan-efisien/. 

Erickson, Andrew S. “Numbers Matter: China’s Three ‘Navies’ Each Have the World’s Most Ships.” National Interest, February 2018.

13. Morris, “The Era of Coast Guards in the Asia- Pacific Is Upon Us”; Morris, “Blunt Defenders of Sovereignty – The Rise of Coast Guards in East and Southeast Asia.”

14. “Are Maritime Law Enforcement Forces Destabilizing Asia?” ChinaPower: Unpacking the Complexity of China’s Rise, 2019. https://chinapower.csis.org/maritime-forces-destabilizing-asia/.

15. “World Population Prospects.” United Nations, 2019. https://population.un.org/wpp/Download/Standard/Population/.

16. Morris, Lyle J. “Blunt Defenders of Sovereignty – The Rise of Coast Guards in East and Southeast Asia.” Naval War College Review 70, no. 2 (2017): 38.

17.Ibid.

18. “Congressional Budget Justification:  Department of State, Foreign Operations, and Related Programs, Fiscal Year 2019.” U.S. Department of State, February 12, 2018.

19. Jennings, Ralph. “Coast Guard Gives US New Tool in Disputed South China Sea.” Voice of America, May 20, 2019. https://www.voanews.com/east-asia/coast-guard-gives-us-new-tool-disputed-south-china-sea.

20. “The Era of Coast Guards in the Asia- Pacific Is Upon Us.” Asia Maritime Transparency Initiative (AMTI), CSIS (March 8, 2017). https://amti.csis.org/era-coast-guards-asia-pacific-upon-us/.

21. Morris, Lyle J. “Blunt Defenders of Sovereignty – The Rise of Coast Guards in East and Southeast Asia.” Naval War College Review 70, no. 2 (2017): 38.

22. Ibid.

23. Hsiao, Amanda. “Opportunities for Fisheries Enforcement Cooperation in the South China Sea.” Marine Policy, June 2019, 103569. https://doi.org/10.1016/j.marpol.2019.103569.

24. Phillips, Tom. “Xi Jinping Heralds ‘new Era’ of Chinese Power at Communist Party Congress.” The Guardian, October 18, 2017. https://www.theguardian.com/world/2017/oct/18/xi-jinping-speech-new-era-chinese-power-party-congress.

25. Chomsky, Noam. “‘Losing’ the World: American Decline in Perspective, Part 1.” Tom Dispatch, February 14, 2012. www.tomdispatch.com/post/175502/tomgram%3A_noam_chomsky%2C_hegemony_and_its_dilemmas/.

26. “Global Human Development Indicators.” United Nations, 2018. http://hdr.undp.org/en/countries.

Featured Image: Fisherman Shi Renping sails a fishing vessel towards a deepwater fish farming base near Meiji Reef of the Nansha Islands of China, July 17, 2016. (Xinhua/Zhao Yingquan)

Indo-Asia-Pacific

False Assumptions May Lead to Counterproductive U.S. Policy in the South China Sea

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By Mark J. Valencia

In his piece, Mr. Pham “lays out recommended ways and means that Washington can regain and maintain the strategic initiative in the Indo-Pacific.” However many of his recommendations are based on false assumptions and if implemented are likely to be ineffective and counterproductive.

Mr. Pham fears that “years of American acquiescence and accommodation may have eroded the international rule of law and global norms; diminished the regional trust and confidence in U.S. preeminence, presence, and constancy; weakened some of the U.S. regional alliances and partnerships; undermined Washington’s traditional role as the guarantor of the global economy and provider of regional security, stability, and leadership; and perhaps even emboldened Beijing to expand its global power and influence and accelerate the pace of its deliberate march toward regional preeminence and ultimately global preeminence.” But the rapid decline of U.S. soft power in the region is not due as much to “American acquiescence and accommodation” to China as it is to American political arrogance, cultural chauvinism, and a general lack of respect for its allies and ‘friends’ in the region  and their peoples. Its hypocrisy, interference in domestic politics, and support of brutal dictators did not help. It is now beginning to experience the inevitable blowback from this attitude and behavior and its reign as regional hegemon may be coming to an end. It may well eventually be replaced by China in the region, but for Mr. Pham to assert that China will attain “global preeminence” is premature at best. Indeed, if China does not learn from the American experience, it may well repeat its mistakes and suffer a similar fate.

Mr. Pham asserts that “Washington cannot back down now in the SCS. To do so would further embolden Beijing to expand and accelerate its desperate campaign to control the disputed and contested strategic waterway through which trillions of dollars of global trade flows each year…”  He assumes first that China can ‘control’ the South China Sea and two that such ‘control’ would threaten commercial freedom of navigation. But as Ralph Cossa, President of Pacific Forum CSIS, says, there is little to worry about, at least for the U.S. :“The South China Sea is not and will not be a Chinese lake and the Chinese, even with artificial islands, cannot dominate the sea or keep the U.S. Navy out of it.”  According to retired Admiral and former Director of U.S. National Intelligence Dennis Blair, “The Spratlys are 900 miles away from China for God’s sake. Those things have no ability to defend themselves in any sort of military sense. The Philippines and the Vietnamese could put them out of action, much less us.” More to the point, retired Admiral Michael McDevitt of the center for Naval Analyses asks skeptically, “What vital U.S. interest has been compromised? Shipping continues uninterrupted, the U.S. continues to ignore… their requirement for prior approval, our MDT with Manila remains in force…”

Regarding freedom of navigation, Mr. Pham and I have debated this before. I will only reiterate here that the two countries – one a ratifier of the 1982 UN Convention on the Law of the Sea – which elaborates the concept – and one not – differ on what activities are and are not encompassed by the term. China has not threatened commercial freedom of navigation nor is it likely to do so in peacetime. But the U.S. and Mr. Pham cleverly conflate the freedom of commercial navigation with the freedom to conduct provocative intelligence, surveillance, and reconnaissance (ISR) probes and then argues that when China challenges these probes it is violating “freedom of navigation.” Mr. Pham ignores the problem that because the Convention was a “package deal,” non-ratifiers like the U.S. cannot credibly or legitimately  pick and choose which provisions they wish to abide by, deem them customary law, and unilaterally interpret and enforce them to their benefit. This is especially so regarding the EEZ regime which UNCLOS introduces as sui generis, and which –contrary to U.S. military advice given to its naval officers – does have some restrictions on “freedom of navigation.” They include the duty to pay “due regard” to the rights of the coastal state including its marine scientific research consent and environmental protection regimes protecting as well as its national security. Moreover, China and the U.S. disagree on the meaning of key terms in UNCLOS relevant to the freedom of navigation and which are not defined in the Convention. Besides “due regard” these terms include  “other internationally lawful uses of the sea”, “abuse of rights”, “peaceful use/purpose”, and “marine scientific research.” The point is that the UNCLOS “rules” regarding freedom of navigation are not “agreed.” 

Another of Mr. Pham’s major assumptions is that “Washington has a moral and global obligation of leadership to further encourage and challenge China to become a more responsible global stakeholder…” The U.S. is no longer the world’s moral leader – if it ever was – certainly not from the perspective of China and much of Asia – if not the world. Moreover Mr. Pham’s statement reflects the cultural arrogance that has drawn the U.S. into endless wars—and should be disregarded on that basis alone.

These false assumptions are accompanied by several misleading statements. For example Mr. Pham alleges that China broke  “a 2002 agreement with the ASEAN not to change any geographic features in the SCS”,  and “…the 2015 agreement between Xi Jinping and Barack Obama to not militarize these Chinese-occupied features.”

First, the 2002 Declaration on the Conduct of the Parties in the South China Sea (DOC) does not contain such language and Mr. Pham is apparently interpreting its language for his own purposes. His interpretation is not shared by China, Vietnam, Malaysia, the Philippines, and Taiwan. All have altered the features they occupy to some degree since the agreement on the DOC. Second, according to China, President Xi Jinping agreed to no such thing. This statement repeats a biased interpretation of China’s President Xi Jinping statement regarding the “militarization” of the features. The original quote in Chinese was translated into English as “Relevant construction activities that China are (sic) undertaking in the island of South (sic)–Nansha (Spratly) Islands do not target or impact any country, and China does not intend [emphasis added] to pursue militarization.” That is considerably more ambiguous than Mr. Pham’s interpretation. Chinese spokespersons have since implied that if the U.S. continues its ISR probes, exercises, and Freedom of Navigation Operations challenging China’s claims there, China will prepare to defend itself. Given that the U.S. has continued these missions, it should come as no surprise that China has responded as it said it would.

Based on false assumptions, Mr. Pham essentially recommends U.S. military confrontation of China in the South China Sea. Such confrontation could lead to war—on behalf of others’ disputed claims to ownership of tiny features and resources there. That would not be in the core national security interest of the U.S.

Mark J. Valencia is an Adjunct Senior Scholar at the National Institute for South China Sea Studies.

Featured Image: Vietnam’s flag flies over the fortified Da Tay Islands in the Spratlys Archipelago. (Reuters)