The following article was originally featured by the National Maritime Foundationand is republished with permission. Read it in its original form here.
By Gurpreet S. Khurana
On 12 July 2016, the Tribunal constituted at the Permanent Court of Arbitration (PCA) at The Hague under Annex VII of the United Nations Convention on Law of the Sea, 1982 (UNCLOS) issued its decision in the arbitration instituted by the Philippines against China. It relates to the various legal issues in the South China Sea (SCS) inter alia pertaining to China’s historic rights and ‘nine-dash line,’ and the status of features and lawfulness of Chinese actions.1
Within hours of the release of PCA Tribunal’s decision, India released a government press release, stating that
“India supports freedom of navigation and over-flight, and unimpeded commerce, based on the principles of international law, as reflected notably in the UNCLOS. India believes that States should resolve disputes through peaceful means without threat or use of force and exercise self-restraint in the conduct of activities that could complicate or escalate disputes affecting peace and stability…”2
However, Beijing has stated that China would not accept the Tribunal’s verdict.3 Furthermore, tensions have rekindled in the SCS with reports indicating that China intends “closing off a part of SCS for military exercises.”4 The issue of Freedom of Navigation (FON) is of immense relevance not merely for the SCS littorals, but for all countries that have a stake in peace and tranquillity in the SCS; and yet bears a significant potential to flare-up into a maritime conflict.
This issue brief aims to examine China’s approach to FON in context of international law, including the verdict of the PCA Tribunal. In this writing, the term ‘FON’ refers to the broader concept of ‘navigational freedoms,’ including the freedom of over-flight. Furthermore, this brief attempts to identify the de jure ramifications – even if not de facto, considering China’s rejection of the verdict – of the PCA Tribunal’s decision on China with regard to FON in the area.
FON is a fundamental tenet of customary international law that was propounded in 1609 by the Dutch lawyer Hugo Grotius, who called it Mare Liberum (Freedom of the Seas). The legal tenet is codified in the UNCLOS, a process that involved over two decades of intense labor of international maritime lawmakers at three brainstorming Conferences. The Third Conference itself (UNCLOS III) spanned nine years, which led to the signing of Convention in 1982 and its subsequent entry into force in 1994. The Peoples’ Republic of China was among the first signatories to the Convention on 10 December 1982 (along with India), and ratified it on 07 June 1996. The key question is whether China – despite the foregoing – is impeding freedom of navigation in the SCS? For a comprehensive answer, the issue would need to be examined separately for the three legal regimes/ areas wherein international law applies differently: China’s Territorial Sea, its Exclusive Economic Zone (EEZ), and the other areas within the ‘nine-dash line.’
Territorial Seas
In a State’s 12-nautical mile (NM) Territorial Sea, the right of ‘Innocent Passage’ provided for in UNCLOS Article 17 applies to both commercial and military vessels. As regards commercial shipping, there is no evidence whatsoever of China denying this right to such ships flying the flag of any nationality. Notably, China is a manufacturing-based and export-led economy, which imports nearly 80 percent of its oil and natural gas via the sea. Therefore, China has tremendous stakes in unimpeded maritime commerce, and does not stand to gain by deliberately impeding the FON of merchant ships.
For foreign warships, however, the ‘yardstick’ of ‘Innocent Passage’ differs. During the UNCLOS negotiations, most developing countries wanted restrictions on foreign warships crossing their Territorial Seas. Many of these States proposed that foreign warships must obtain ‘authorization’ for this from the coastal State. Eventually, however, the proposed amendment was not incorporated in UNCLOS; nonetheless, the States were permitted to take measures to safeguard their security interests. Consequently, and in accordance with UNCLOS Article 3105, like many other States, China made a declaration in June 1996 while ratifying UNCLOS, seeking ‘prior permission’ for all foreign warships intending to exercise the right of Innocent Passage across its Territorial Seas.6 The declaration was based upon Article 6 of China’s national law of 1992.7 It is pertinent to state that about 40 other States – including many developed countries in Europe – made similar declarations seeking ‘prior permission’ for Innocent Passage. (Notably, India seeks only ‘prior notification’. However, the United States does not recognize the right of either ‘prior permission’ or ‘prior notification’).8
It may be recalled that during the Cold War, in 1983, the Soviet Union promulgated rules for warship navigation in its Territorial Seas, which permitted Innocent Passage only in limited areas of Soviet Territorial Seas in the Baltic Sea, the Sea of Okhotsk, and Sea of Japan. This led to a vigorous protest from the United States. Later in 1986 and 1988, the United States Navy conducted Freedom of Navigation Operations (FONOPS) in the Soviet Territorial Sea in the Black Sea.9 In contrast, therefore, China’s stand on navigation of foreign warships through Territorial Seas of ‘undisputed’ Chinese territory is clearly legitimate.
However, the passage of foreign warships within 12-NM of the disputed SCS islands/features – which are occupied and claimed by China – has been highly contentious. Since the United States seeks to prevent any norm-building in favor of China’s territorial claims, it has been undertaking FON operations (FONOPS) in the 12-NM zone of these islands. Notably, since the launch of the U..S “Freedom of Navigation Program” in 1979, the United States has conducted such operations on numerous occasions all around the globe; sometimes even against its closest allies.
From the perspective of China – that is in de facto control of the islands/features – its objection to the U.S. warships cruising within 12-NM of these islands/ features without ‘prior permission’ is as much valid as the U.S. FONOPS to uphold its right of military mobility across the global commons. Hence, until such time that the issue of sovereignty over these islands is settled, the legitimacy of China’s stand on FON in these waters cannot be questioned.
Exclusive Economic Zone
Alike in its Territorial Sea, China has never impeded FON of commercial vessels in its EEZ. However, like many other States, China has been objecting to foreign military activities in its EEZ. It may be recalled that in April 2001, China scrambled J-8 fighters against the U.S. EP-3 surveillance aircraft operating about 60 NM off China’s Hainan Island, leading to a mid-air collision.10
Unfortunately, the UNCLOS does not contain any specific provision, either permitting or prohibiting such activities. According to Articles 58(1) and 87 of UNCLOS, the EEZ is part of ‘International Waters’ wherein all foreign warships may exercise High Seas FON, with certain exceptions that relate to economic/ resource-related uses of the EEZ, such as Marine Scientific Research, which may be conducted only if permitted by the coastal State. Therefore, if a foreign military conducts hydrographic surveys in China’s EEZ, it may be justified as being among the High Seas Freedoms since it may be necessary for safe navigation of warships. However, if a foreign military conducts intelligence collection in the EEZ – as China interprets the objective of U.S. military activities in its EEZ – it may be objectionable, at least in terms of the spirit of UNCLOS, whose Article 88 says that “The high seas shall be reserved for peaceful purposes.” Of course, some may consider ‘intelligence collection’ as a normal peacetime activity of a State to bolster its military preparedness to maintain peace. But this only serves to reinforce the prevailing void in UNCLOS, rather than legally deny China the right of ensuring its own security.
Other Areas within ‘Nine-Dash Line’
China has never explicitly articulated its stand on the legal status of the sea areas within the ‘nine-dash line’, which lie beyond its 12-NM Territorial Sea and the 200-NM EEZ. However, by laying ‘historic’ claim to all SCS features (islands, rocks or reefs), and referring to all these as islands entitled to EEZ and Legal Continental Shelf (LCS), it has implicitly claimed sovereign jurisdiction over the entire sea area enclosed within the nine-dash line. Based on such assumed sovereign rights – though disputed by other claimant States – China has been curtailing FON in these areas, particularly for warships. For example, in the days leading to the International Tribunal’s verdict on the China-Philippines Arbitration, Beijing declared a ‘no sail zone’ in the SCS during a major naval exercise in the area from 4 to 11 July 2016 (see Fig. 1 below).
Figure 1 – China’s ‘No Sail Zone’ in South China Sea, promulgated: 04 July 2016. (DefenseOne.com)
As the map indicates, the ‘prohibited zone’ was a sizable 38,000 sq mile area lying between Vietnam and the Philippines. It encompasses the Paracel Islands, but not the arterial International Shipping Lane (ISL) of the SCS.11 During such exercises in the past, China has imposed such restrictions on navigation in the SCS. While some analysts have referred to such restrictions on FON as violation of maritime law,12 given the susceptibility of prevailing international law to divergent interpretations, China cannot be denied the right to interpret law in a manner that best suits its security interests.
However, the above scenario prevailed prior to 12 July 2016. The verdict of the PCA Tribunal has changed all that. The Tribunal has dismissed China’s claim to ‘historic rights’ within the ‘nine-dash line’, indicating that such claims were incompatible with UNCLOS, and asserted that no feature claimed by it in the SCS is capable of generating an EEZ. At least from the standpoint of international law, therefore, Beijing’s claim to sovereign jurisdiction over these areas is decisively annulled. Henceforth, China will need to concede to unimpeded FON in the SCS, both for commercial shipping and warships. For example, if it needs to conduct a naval exercise in the area, declaring a ‘no sail/ prohibited zone’ would no longer be legally tenable. Instead, China could, at best, merely promulgate a mere ‘advisory’ for the safety of ships and civil aircraft intending to transit through the exercise area.
China could possibly react to the adverse verdict of the International Tribunal by declaring an Air Defence Identification Zone (ADIZ) over the SCS. A resort to this would not be constructive since it would further heighten anxieties in the area. Nonetheless, China’s declaration of an ADIZ would be tenable from the legal standpoint. The promulgation of such Security zones is not prohibited by international law. However, for interpreting it as ‘not prohibited, and hence permitted,’ promulgating such a zone must adhere to the spirit of law in terms of its need for maintaining peace or for self-defense, and that it is not obverse to the overarching principle of freedom of navigation and over-flight.
Concluding Remarks
It is amply clear from the foregoing that the contentions over freedom of navigation and over-flight in the SCS are more a result of the geopolitical ‘mistrust’ between China and the other states, aggravated by the voids and ambiguities of international law, rather than any objective failing on part of China and the other states involved to observe the prevailing tenets of international law.
The geopolitical relationships constitute an aspect that China and the other countries involved need to resolve amongst themselves, and the rest of the international community can do little about it. Further, there is hardly a case for convening a fourth UN Conference on the Law of the Sea to renegotiate the UNCLOS, which already is a result of painstaking efforts of the international community during a period that was geopolitically less complex than it is today.
Nonetheless, it is encouraging that the lingering maritime-disputes in the Asia-Pacific are being arbitrated upon by international tribunals. Over the years, the decisions of international tribunals on cases such as the India-Bangladesh (July 2014)13 and the more recent one between China and Philippines on the SCS would be valuable to fill the legal voids, and would firm up over time to add to the prevailing tenets of international law.
China’s adherence to PCA Tribunal’s decision would not only contribute to peace and prosperity in the region, but would also best serve its own national interest, at least in the longer term. However, it remains to be seen how long Beijing will take to assimilate the ‘new normal’ into its policymaking.
Captain Gurpreet S Khurana, PhD is the Executive Director, National Maritime Foundation (NMF), New Delhi. The views expressed are his own and do not reflect the official policy or position of the Indian Navy, the NMF or the Government of India. He can be reached at [email protected].
3. ‘Statement of the Ministry of Foreign Affairs of the People’s Republic of China on the Award of 12 July 2016 of the Arbitral Tribunal in the South China Sea Arbitration Established at the Request of the Republic of the Philippines,’ Ministry of Foreign Affairs, the People’s Republic of China, 12 July 2016, at http://www.fmprc.gov.cn/mfa_eng/zxxx_662805/t1379492.shtml
5. Article 310 of UNCLOS allows States to make declarations or statements regarding its application at the time of signing, ratifying or acceding to the Convention.
8. Limits in the Seas, US Responses to Excessive Maritime Claims, US Department of State (Bureau of Oceans and International Environmental and Scientific Affairs), No 112, 09 March 1992, p.52
9. Rules for Navigation and Sojourn of Foreign Warships in the Territorial and Internal Waters and Ports of the USSR; ratified by the Council of Ministers Decree No. 384 of 25 Apr 1983, cited in Limits in the Seas, US Responses to Excessive Maritime Claims, US Department of State (Bureau of Oceans and International Environmental and Scientific Affairs), No 112, 09 March 1992, pp.56-57
Featured Image: Pearl Harbor, Hawaii (Sept. 6, 2006) – Chinese Sailors man the rails aboard the destroyer Qingdao (DDG 113) as they arrive in Pearl Harbor. (U.S. Navy photo by Mass Communication Specialist Joe Kane)
The following article is adapted from a report by the U.S.-China Economic and Security Review Commission. Read the original report here.
By Jordan Wilson
Observers of China’s September 2015 military parade witnessed the surprise introduction of a new road-mobile intermediate-range ballistic missile (IRBM), the DF-26, reported to feature nuclear, conventional, and antiship variants and a range of 3,000–4,000 kilometers (km) (1,800–2,500 miles [mi])1—greater than any of China’s current systems except the ICBMs in its nuclear arsenal. This range would cover U.S. military installations on Guam, roughly 3,000 km (1,800 mi) from the Chinese mainland, prompting some analysts and netizens to refer to the missile as the “Guam Express” or “Guam Killer” (derived from the term “carrier killer” used to refer to China’s shorter-range DF-21D antiship ballistic missile).2 Combined with improved air- and sea-launched cruise missiles and modernizing support systems, the DF-26 would allow China to bring a greater diversity and quality of assets to bear against Guam in a contingency than ever before.
China’s reason for developing capabilities to hold locations in the Pacific at risk can be traced to the domestic political interests of its leaders. The Chinese Communist Party (CCP) perceives that its legitimacy in the eyes of China’s citizens is based, in part, on its ability to demonstrate that it is capable of strengthening the nation3 and safeguarding China’s territorial interests and claims.4 Yet the CCP leadership believes the United States’ presence in the Asia Pacific—intended to back the U.S. commitment to defending key interests and upholding global norms in the Asia Pacific, such as the security of allies and partners, the peaceful resolution of disputes, and freedom of navigation5—could interfere with its ability to defend these interests and claims if a regional crisis were to arise.6 This concern has prompted Beijing to develop conventional missile capabilities to target U.S. military facilities in the Asia Pacific in general, and Guam in particular, in order to expand China’s options and improve its capacity to deter or deny U.S. intervention during such a crisis. Guam is referenced in many Chinese academic and military writings as a highly important feature in the purported U.S. “containment” strategy,7 with analysts noting its strategic position,8 and its role as an “anchor” of U.S. forces in the region9 and of the “second island chain”* in particular.10 China has been able to reach Guam with nuclear weapons for decades. It could theoretically employ conventional gravity bombs, naval gunfire, and torpedoes as well, but the same air and naval platforms that would deliver these are now equipped with significantly more advanced cruise missiles. This article thus focuses on the more relevant concerns posed by missiles below the nuclear threshold.
First and Second Island Chains Showing Guam. The precise boundaries of the island chains vary among Chinese sources, and have never been officially defined by China’s government. Andrew S. Erickson and Joel Wuthnow, “Barriers, Springboards and Benchmarks: China Conceptualizes the Pacific ‘Island Chains,’” China Quarterly, January 21, 2016, 3, 7-9, 17. http://journals.cambridge.org/abstract_S0305741016000011. (U.S. Department of Defense)
Multiplying Forces Capable of Striking Guam
Several new conventional platforms and weapons systems developed by China in recent years have increased its ability to hold U.S. forces stationed on Guam at risk in a potential conflict:
Intermediate-Range Ballistic Missiles: The DF-26 is China’s first conventionally-armed IRBM and first conventionally-armed ballistic missile capable of reaching Guam. Its inclusion in the September 2015 parade indicates it has likely been deployed as an operational weapon,11 although only a few have likely been installed thus far. The missile also reportedly has serious accuracy limitations:12 a 2015 report by IHS Jane’s assesses its current circular error probable (CEP)** at intermediate range to be 150–450 meters,13 while China’s DF-15B short-range ballistic missile, for example, is reported to have a CEP of 5–10 meters as a precision guided weapon.14 Practically, this means that many more launches would be required to achieve the same degree of confidence in inflicting damage, pending the improvement of the sensor systems on the missile and the space-based systems providing pre- and post-strike intelligence, surveillance, and reconnaissance (ISR) and position, navigation, and timing data.
Antiship Ballistic Missiles (ASBMs): The DF-26 ASBM version is, like the DF-21D, unproven against a moving target at sea15 but likely to undergo further development.
Air-Launched Land Attack Cruise Missiles (LACMs): China’s newest and most capable bomber, the H-6K, when equipped with up to six recently-developed air-launched CJ-20 LACMs, gives China the ability to conduct precision airstrikes and potentially reach Guam with air-launched weapons for the first time.16 However, these antiquated bombers*** would have a high probability of being detected and intercepted by U.S. aircraft and anti-aircraft systems.17 Such an attack would also outdistance the range of any Chinese escort fighters, according to a 2015 RAND Corporation study,18 and China’s air refueling fleet is still too small to support large-scale, long-distance air combat.19
Air-Launched Antiship Cruise Missiles (ASCMs): The PLA Navy’s H-6 bombers, including its H-6Ks, can carry up to four of China’s new long-range, supersonic YJ-12 ASCMs,20 but would have the same limitations in employing these weapons.
Sea-Launched Land Attack Cruise Missiles: The PLA Navy currently does not have the ability to strike land targets, but China has likely begun to develop a sea-based LACM capability over the last few years.21 The U.S. Department of Defense (DOD) has stated that this capability may involve China’s forthcoming Type 095 nuclear-powered attack submarine (SSN) or new LUYANG-III guided missile destroyer (DDG).22
Sea-Launched Antiship Cruise Missiles: PLA Navy platforms equipped with ASCMs, particularly the new YJ-18, could complicate U.S. naval operations near its Guam facilities, provided the PLA Navy vessels were able to get into position without being detected. China’s quietest submarines, however, are diesel-electric and relatively slow in comparison to other types (see comparison in figure below).
The Expanding Range of China’s Conventional Missiles. Click to enlarge. (U.S.-China Economic and Security Review Commission)
China’s new conventional regional strike weapons, as well as ongoing qualitative improvements to its naval operations and C4ISR (Command, Control, Communications, Computers, Intelligence, Surveillance, and Reconnaissance) systems, provide Beijing with the ability to hold U.S. forces and installations on Guam at greater risk than in the past, despite remaining challenges and gaps that indicate the level of risk is still low. Overall, the efficiency/vulnerability tradeoff between China’s air and naval forces probably factors into why China pursued a third option by developing DF-26 ballistic missiles. Beijing is working to advance its regional strike capabilities across the board, however, indicating concerns will be posed by ground-, air-, and sea-launched types going forward. To evaluate China’s ability to strike Guam in the future, the areas that should be monitored most closely are increased deployments of DF-26 missiles and qualitative improvements to China’s precision strike capabilities, bomber fleet, in-air refueling capability, and submarine quieting technology.
Implications for the United States
Guam is growing in importance to U.S. strategic interests and any potential warfighting operations in the Asia Pacific, even as China’s ability to strike the island is increasing. The island is home to two U.S. military facilities, Apra Naval Base and Andersen Air Force Base, and hosts a total of about 6,000 military personnel23 (with 5,000 more projected to be moved from Okinawa by 202024), as well as four nuclear attack submarines;25 three Global Hawk UAVs;26 continuous rotations of B1, B-2, and B-52 bombers;27 temporary fighter rotations;28 the largest U.S. weaponry storage in the Pacific;29 and a Terminal High Altitude Area Defense (THAAD) missile battery.30 It is also crucial to U.S. preparations for responding to crises, providing valuable basing capacity31 and a location to which the United States can pull back assets from within China’s precision strike range, if needed.
China’s conventional missile force modernization could complicate the United States’ response in a contingency in which Beijing sought to deny or delay a U.S. intervention. An assessment by the RAND Corporation, for example, estimates that with 50 (hypothetically more accurate) IRBMs, “China could keep Andersen AFB closed to large aircraft for more than eight days (assuming missile reliability of 75 percent and eight-hour repair times), even if the PLA is denied battle damage assessment … With 100 IRBMs, the PLA could make a full sweep of all unsheltered aircraft parking areas and then use the rest of its inventory to keep Andersen shut to large aircraft for 11 days.”32 Of additional concern, China’s leaders could also be more willing to resort to military force in an existing crisis if they believed they could successfully hold Guam at risk, diminishing the United States’ ability to deter escalation, although it is difficult to determine the extent to which better operational capabilities might influence strategic thinking in Beijing.
U.S. experts and analysts have proposed several options that could help mitigate these concerns:
Hardening Facilities on Guam: Investing in improved protection for U.S. assets on Guam could increase the costliness and uncertainty of conventional ballistic and cruise missile strikes against these facilities, and thereby work to disincentivize a first strike and increase regional stability, as noted by the U.S.-China Economic and Security Review Commission in its 2015 Report to Congress.33 However, this approach is complicated by the likely high costs of such investments,34 and the potential for China to counter them with an even further buildup of its missile arsenal.
Dispersing U.S. Regional Military Facilities: A greater dispersion of U.S. military facilities throughout the Asia Pacific, or access to an increased number of alternate regional ports and airfields, would multiply the number of targets against which China might employ missile strikes and complicate its ability to disrupt U.S. operations in a contingency, particularly through a first strike.35 This approach does face high financial costs, the possibility that China might respond with further missile deployments, and potential difficulties in obtaining approval and financial support from host countries.36 It also runs counter to efforts to reduce long-term dependence on foreign bases. The United States has nonetheless been able to take steps towards this objective, recently securing access to facilities in the Philippines and entering discussions regarding access to airfields in Australia.37
Investments in New Missile Defense Capabilities: Continued U.S. investments in “next-generation” missile defense initiatives such as directed energy and rail gun technologies, as recommended in the Commission’s 2015 Report to Congress,38 could yield better options for defending U.S. bases and platforms from China’s conventional ballistic and cruise missiles. While current missile defense systems such as THAAD—already stationed on Guam—and PAC-3 (the upgraded Patriot missile system) may help to an extent, they are intended to stop North Korean missiles and would likely not completely protect against an attack from China.39
Revisiting the Intermediate-Range Nuclear Forces (INF) Treaty: China’s missile force modernization has contributed to a U.S. policy debate regarding the United States’ participation in the INF Treaty, particularly given Russia’s recent violations of its Treaty obligations.40 Signed by the United States and Soviet Union in 1987, the INF Treaty required “destruction of both parties’ ground-launched ballistic and cruise missiles with ranges between 500 and 5,500 kilometers (310 and 3,418 miles), along with their launchers and associated support structures and support equipment,” altogether eliminating 846 U.S. and 1,846 Soviet missiles. Although titled a “Nuclear Forces” treaty, INF’s prohibition of conventional systems is the substance of the current debate, as China’s buildup of conventional intermediate-range ballistic and cruise missiles has been a driving force behind concerns regarding the Treaty in recent years.41 As China has engaged in a relatively low-cost buildup of land-based theater-range conventional missiles, including the DF-26, the United States has been prevented under the Treaty from doing so. As policymakers weigh the costs and benefits of continued U.S. participation, three potential actions would allow the United States to carefully explore these questions while remaining in full compliance with the Treaty: reports examining the potential benefits and costs of incorporating ground-launched short-, medium-, and intermediate-range conventional cruise and ballistic missile systems into the United States’ Asia Pacific defensive force structure;42 research and development activities for conventional INF-accountable cruise and ballistic missiles, in preparation for possible changes;43 and discussions with allies regarding whether they would be open to hosting such systems,44 investing in INF-accountable missiles themselves,45 or joining in advocating for a broadened Treaty at the multilateral or global level.46
Maintaining Superiority in Regional Strike Capabilities: The United States could invest in maintaining its ability to strike an adversary’s launchers and support networks as part of its deterrence posture in the Asia Pacific, aiming to prevent conflicts from beginning and to protect U.S. regional assets should one begin.47 Some experts have specifically noted the high number of LACMs carried by some U.S. attack submarines48 and the potential for U.S. procurement programs such as the Long Range Strike Bomber and Virginia payload module (which increases the missile capacity of the Virginia-class SSN) to provide a higher volume of firepower at a more affordable rate than ground-launched missile forces.49 Policymakers could continuously monitor the performance and sustainability of these and other aspects of the U.S. regional force posture to ensure the United States maintains its military edge.
Conclusion
Beijing’s assessment of Guam’s role in the United States’ regional force posture has made it a focal point of developments in China’s conventional regional strike capabilities, although limitations to these systems render the current risk to U.S. forces on Guam in a potential conflict relatively low. At present, the new DF-26 IRBM headlines China’s expanding capabilities, although it likely will remain extremely inaccurate until China successfully extends its precision strike complex. China could also employ surface- and submarine-launched ASCM attacks, should the platforms be able to move into range undetected; while air-launched ASCM and LACM attacks could reach Guam more quickly, but with a high risk of the bombers being detected and intercepted by U.S. aircraft and anti-aircraft systems. The DF-26 ASBM is still unproven, and China has yet to develop a sea-launched LACM capability. China will likely continue to invest in developing these systems, however, even as Guam’s importance to U.S. strategic interests in the Asia Pacific continues to grow. Options such as hardening facilities on Guam, further dispersing U.S. regional military facilities, continuing investments in “next-generation” missile defense capabilities, revisiting the Intermediate-Range Nuclear Forces Treaty (INF) Treaty, and maintaining superiority in regional strike capabilities offer potential avenues for addressing these key security concerns.
Jordan Wilson is a Policy Analyst at the U.S.-China Economic and Security Review Commission, focusing on U.S.-China security and foreign policy issues.
Featured Image: The Los Angeles-class submarine USS Topeka (SSN 754) arrives at its new homeport of U.S. Naval Base Guam in May 2015. Courtesy of Navaltoday.com.
Endnotes
* The first island chain refers to a line of islands running through the Kurile Islands, Japan and the Ryukyu Islands, Taiwan, the Philippines, Borneo, and Natuna Besar. The second island chain is farther east, running through the Kurile Islands, Japan, the Bonin Islands, the Mariana Islands, and the Caroline Islands. Bernard D. Cole, The Great Wall at Sea: China’s Navy in the Twenty-First Century, Naval Institute Press, 2010, 174-176.
** CEP is defined as the radius of a circle, centered about the intended point of impact, whose boundary is expected to include the landing points of 50 percent of the rounds. Oleg Yakimenko, “Statistical Analysis of Touchdown Error for Self-Guided Aerial Payload Delivery Systems,” (American Institute of Aeronautics and Astronautics Aerodynamic Decelerator Systems Conference, Daytona Beach, FL, March 26, 2013), 1.
*** The H-6 design, on which future versions have been based, is a licensed copy of the ex-Soviet Tu-16 “Badger” medium jet bomber, first flown in 1952. U.S. Office of Naval Intelligence, The PLA Navy: New Capabilities and Missions for the 21st Century, April 2015, 18; Encyclopedia Britannica, “Tu-16.” http://www.britannica.com/technology/Tu-16.
Citations
1. U.S.-China Economic and Security Review Commission, Chapter 2, Section 3, “China’s Offensive Missile Forces,” in 2015 Annual Report to Congress, November 2015, 372; Andrew S. Erickson, “Showtime: China Reveals Two ‘Carrier-Killer’ Missiles,” National Interest, September 3, 2015; and Richard D. Fisher, Jr., “DF–26 IRBM May Have ASM Variant, China Reveals at Military Parade,” Jane’s Defence Weekly, September 2, 2015.
5. White House Office of the Press Secretary, Fact Sheet: Advancing the Rebalance to Asia and the Pacific, November 15, 2015. https://www.whitehouse.gov/the-press-office/2015/11/16/fact-sheet-advancing-rebalance-asia-and-pacific; Andrew S. Erickson and Justin D. Mikolay, “Guam and American Security in the Pacific,” in Andrew S. Erickson and Carnes Lord, eds., Rebalancing U.S. Forces: Basing and Forward Presence in the Asia-Pacific, Naval Institute Press, 2014, 17, 25; and Andrew J. Nathan and Andrew Scobell, China’s Search for Security, Columbia University Press, 2012, 357.
6. Alastair Iain Johnston, “The Evolution of Interstate Security Crisis Management Theory and Practice in China,” Naval War College Review 69.1, 2016, 34; Harry J. Kazianis, “America’s Air-Sea Battle Concept: An Attempt to Weaken China’s A2/AD Strategy,” China Policy Institute, 2014, 1-2. http://www.nottingham.ac.uk/cpi/documents/policy-papers/cpi-policy-paper-2014-no-4-kazianis.pdf; Lu Zhengtao, “PRC Article Urges PLA to Boost Air-Sea Force Building for Breaking U.S. ‘Island Chain’ Strategy,” China Youth Daily (Chinese edition), November 19, 2013; Toshi Yoshihara and James R. Holmes, Red Star over the Pacific: China’s Rise and the Challenge to U.S. Maritime Strategy, Naval Institute Press, 2010, 20; and Bi Lei, “Sending an Additional Aircraft Carrier and Stationing Massive Forces: The U.S. Military’s Adjustment of Its Strategic Disposition in the Asia-Pacific Region,” People’s Daily (Chinese edition), August 13, 2004.
7. Song Shu, “Is the DF-26 a ‘Guam Killer?’” Naval Warships (Chinese), December 1, 2014; Li Jie, “U.S. Quickens Construction of ‘Bridgeheads’ of the Second Island Chain,” Global Times (Chinese edition), September 30, 2013; Lin Limin, “A Review of the International Strategic Situation in 2012,” Contemporary International Relations (Chinese), December 2012; Zhang Ming, “Security Governance of the ‘Global Commons’ and China’s Choice,” Contemporary International Relations (Chinese), May 2012; Liu Qing, “New Changes in U.S. Asia-Pacific Strategic Deployment,” Contemporary International Relations (Chinese), May 20, 2011; Liu Ming, “Obama Administration’s Adjustment of East Asia Policy and Its Impact on China,” Contemporary International Relations (Chinese), February 20, 2011; Modern Navy (Chinese), The Island Chains, China’s Navy, October 1, 2007; and Lu Baosheng and Guo Hongjun, “Guam: A Strategic Stronghold on the West Pacific,” China Military Online, June 16, 2003.
8. Qiu Yongzheng, “Second U.S. Aircraft Carrier Likely To Be Deployed to East Asia,” Youth Reference (Chinese), July 21, 2004.
9. Run Jiaqi, “Experts Say China’s Military Power Has Forced the United States to Fall Back from the First Island Chain,” People’s Daily (Chinese edition), October 8, 2014.
10. Andrew S. Erickson and Joel Wuthnow, “Barriers, Springboards and Benchmarks: China Conceptualizes the Pacific ‘Island Chains,’” China Quarterly, January 21, 2016, 9. http://journals.cambridge.org/abstract_S0305741016000011; Li Jie, “U.S. Quickens Construction of ‘Bridgeheads’ of the Second Island Chain,” Global Times (Chinese edition), September 30, 2013; Liu Bin, “The ‘Roadmap’ of the Asia-Pacific Military Bases of the U.S. Military,” People’s Daily (Chinese edition) April 23, 2012; and Modern Navy (Chinese), The Island Chains, China’s Navy, October 1, 2007.
11. Andrew S. Erickson, “Showtime: China Reveals Two ‘Carrier-Killer’ Missiles,” National Interest, September 3, 2015.
15. U.S.-China Economic and Security Review Commission, Hearing on China’s Offensive Missile Forces, written testimony of Dennis Gormley, April 22, 2015; and Ronald O’Rourke, “China Naval Modernization: Implications for U.S. Navy Capabilities—Background and Issues for Congress,” Congressional Research Service, June 1, 2015, 6–7.
16. U.S. Department of Defense, Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China 2015, April 2015, 12, 36, 40; U.S.-China Economic and Security Review Commission, Hearing on China’s Military Modernization and Implications for the United States, written testimony of Lee Fuell, January 30, 2014; and U.S. House Armed Services Subcommittee on Strategic Forces, Hearing on Nuclear Weapons Modernization in Russia and China: Understanding Impacts to the United States, written testimony of Richard D. Fisher, Jr., October 14, 2011.
20. U.S.-China Economic and Security Review Commission, Chapter 2, Section 3, “China’s Offensive Missile Forces,” in 2015 Annual Report to Congress, November 2015, 357, 373.
21. U.S. Department of Defense, Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China 2014, May 2014, 36. U.S.-China Economic and Security Review Commission, Hearing on PLA Modernization and its Implications for the United States, written testimony of Jesse Karotkin, January 10, 2014; Craig Murray, Andrew Berglund, and Kimberly Hsu, “China Naval Modernization and Implications for the United States,” U.S.-China Economic and Security Review Commission, August 26, 2013. http://origin.www.uscc.gov/sites/default/files/Research/Backgrounder_China’s%20Naval%20Modernization%20and%20Implications%20for%20the%20United%20States.pdf.
22. U.S. Department of Defense, Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China 2014, May 2014, 36; U.S. Department of Defense, Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China 2013, May 2013, 6-7.
27. Eric Heginbotham et al., “The U.S.-China Military Scorecard: Forces, Geography, and the Evolving Balance of Power 1996-2017,” RAND Corporation, 2015, 41. http://www.rand.org/content/dam/rand/pubs/research_reports/RR300/RR392/RAND_RR392.pdf; Andrew S. Erickson and Justin D. Mikolay, “Guam and American Security in the Pacific,” in Andrew S. Erickson and Carnes Lord, eds., Rebalancing U.S. Forces: Basing and Forward Presence in the Asia-Pacific, Naval Institute Press, 2014, 20.
29. Andrew S. Erickson and Justin D. Mikolay, “Guam and American Security in the Pacific,” in Andrew S. Erickson and Carnes Lord, eds., Rebalancing U.S. Forces: Basing and Forward Presence in the Asia-Pacific, Naval Institute Press, 2014, 17.
35. U.S.-China Economic and Security Review Commission, Hearing on China’s Offensive Missile Forces, written testimony of Toshi Yoshihara, April 1, 2015; Marcus Weisgerber, “Pentagon Debates Policy to Strengthen, Disperse Bases,” Defense News, April 13, 2014. http://archive.defensenews.com/article/20140413/DEFREG02/304130017/; Andrew S. Erickson and Justin D. Mikolay, “Guam and American Security in the Pacific,” in Andrew S. Erickson and Carnes Lord, eds., Rebalancing U.S. Forces: Basing and Forward Presence in the Asia-Pacific, Naval Institute Press, 2014, 25, 31.
38. U.S.-China Economic and Security Review Commission, Chapter 2, Section 3, “China’s Offensive Missile Forces,” in 2015 Annual Report to Congress, November 2015, 566.
39. Andrew S. Erickson and Justin D. Mikolay, “Guam and American Security in the Pacific,” in Andrew S. Erickson and Carnes Lord, eds., Rebalancing U.S. Forces: Basing and Forward Presence in the Asia-Pacific, Naval Institute Press, 2014, 22.
40. Senate Armed Services Committee, Hearing on Worldwide Threats, statement for the record of Director of National Intelligence James R. Clapper, February 9, 2016, 7. http://www.armed-services.senate.gov/imo/media/doc/Clapper_02-09-16.pdf; U.S.-China Economic and Security Review Commission, Chapter 2, Section 3, “China’s Offensive Missile Forces,” in 2015 Annual Report to Congress, November 2015, 370.
41. U.S.-China Economic and Security Review Commission, Chapter 2, Section 3, “China’s Offensive Missile Forces,” in 2015 Annual Report to Congress, November 2015, 370.
42. Ibid, 566.
43. U.S.-China Economic and Security Review Commission, Hearing on China’s Offensive Missile Forces, oral testimony of Elbridge Colby, April 1, 2015; U.S.-China Economic and Security Review Commission, Hearing on China’s Offensive Missile Forces, oral testimony of Robert Haddick, April 1, 2015.
44. U.S.-China Economic and Security Review Commission, Hearing on China’s Offensive Missile Forces, written testimony of Evan Montgomery, April 1, 2015.
45. U.S.-China Economic and Security Review Commission, Hearing on China’s Offensive Missile Forces, oral testimony of Toshi Yoshihara, April 1, 2015; U.S.-China Economic and Security Review Commission, Hearing on China’s Offensive Missile Forces, oral testimony of Evan Montgomery, April 1, 2015.
46. U.S.-China Economic and Security Review Commission, Hearing on China’s Offensive Missile Forces, oral testimony of Mark Stokes, April 1, 2015.
47. U.S.-China Economic and Security Review Commission, Chapter 2, Section 3, “China’s Offensive Missile Forces,” in 2015 Annual Report to Congress, November 2015, 368-369.
48. U.S.-China Economic and Security Review Commission, Hearing on China’s Offensive Missile Forces, oral testimony of Dennis Gormley, April 1, 2015.
49. U.S.-China Economic and Security Review Commission, Hearing on China’s Offensive Missile Forces, oral testimony of Robert Haddick, April 1, 2015.
Featured Image: USS Topeka at Polaris Point, Guam in 2012. (U.S. Navy)
CDA Institute guest contributor Dave Beitelman, a PhD candidate at Dalhousie University, comments on why Canada should take a stronger position on China’s claims in the South China Sea. This is Part 1 of a two-part series.
It was just announced by Defence Minister Sajjan and Foreign Affairs Minister Dion that Canada will be contributing a battalion-sized force as a key element of NATO’s enhanced Forward Presence in Eastern and Central Europe. With smaller commitments elsewhere, including in Iraq and Ukraine, this is a considerable commitment, and one which will limit the ability of the Canadian Army to deploy elsewhere. To put this new troop commitment in perspective, Canada deployed, on average, 2,500 troops to Afghanistan at any one time – the size and duration of which put an incredible strain on the Canadian Armed Forces (CAF). The new NATO deployment is expected to number approximately 1,000CAF personnel, though the exact number, and their particular responsibilities (infantry, support, etc.,) will not be known until a formal announcement is made at the NATO Summit in Warsaw.
In the official press release, Minister Sajjan is quoted as saying, “As a responsible partner in the world, Canada stands side by side with its NATO Allies working to deter aggression and assure peace and stability in Europe.” As a member of the NATO alliance, it makes sense that Canada would contribute to the mission, and can even be seen as an expansion of the work the CAF have been doing in Ukraine. Beyond the alliance politics, however, the more fundamental point is that Canada’s strategic and economic interests are served by a stable and peaceful Europe. Contributing to that stability is part of being a responsible ally and member of the global community.
Far from the borders of Eastern Europe, however, another challenge to the peace and stability of the global order is unfolding in the Asia-Pacific region, and most pressingly in the South China Sea. On July 12, the Permanent Court of Arbitration (PCA) in The Hague is set to announce its verdict on the maritime jurisdiction dispute between the Philippines and China. China lays claim to nearly the entire South China Sea, while many other states in the region, including Malaysia, Taiwan, Brunei, the Philippines, and Vietnam, have claims of their own. China has said it will not recognize the Court’s ruling, a message the Chinese government has repeated since 2013.
While the circumstances and historical context of Russia’s challenges in Eastern Europe and China’s challenges in the Asia-Pacific are different, the essence is the same. In both cases, Russia and China have used proxy forces to do the pushing, with Russia using ‘volunteers’ and other non-official forces to help push its claims in Crimea and Eastern Ukraine, and China using a mix of coast guard and militia forces to bully its neighbors, while People’s Liberation Army – Navy (PLAN) vessels lurk nearby. By refusing to acknowledge the right of the PCA to hear the case, or even of the Philippines to file it, China has made its preferences well known: the South China Sea belongs to China and any disputes should be discussed and negotiated bilaterally, rather than through third-party mechanisms – particularly non-Asian ones. Notably, China can throw its weight around in bilateral negotiations and coerce its smaller neighbors more easily. This has the other states in the region worried, and rightfully so.
In addition to seeking closer ties to the United States, many states in the region have increased their defence budgets and made public statements denouncing China’s behavior. How China, the U.S., or any other country in the region will react to the PCA’s ruling is anyone’s guess. Some speculate China will unilaterally announce the imposition of an Air Defence Identification Zone (ADIZ) over the South China Sea, supported by the network of radar stations, missile batteries, and airstrips on the islands China has dredged into existence over the years. When China announced an ADIZ over parts of the East China Sea in 2013, the U.S. responded by flying two B-52 bombers through the zone. The stakes in the South China Sea, where the Chinese government has invested significant amounts of both financial and political capital, are much higher. Accordingly, tensions in the region leading up to the July 12th announcement are running high.
Over $5 trillion in trade passes through the South China Sea per year. The Canadian government has made the region a key economic priority, due to its many emerging economies, of which China is clearly the most important. To support its economic ambitions, Canada has also tried to gain membership to the institutions through which the region’s economic and security architecture are created, namely the East Asia Summit (EAS) and the ASEAN Defense Ministers’ Meeting Plus (ADMM-Plus). All that is to say, it is a region of the world where stability is being threatened and where Canada has substantial economic and strategic interests. And yet, while Canada has been vocal in opposing Russian aggression in Eastern Europe, it has been largely silent on Chinese aggression in the South China Sea. Save for two superficial ‘statements of concern’ by former Minister of Foreign Affairs John Baird, Canada has said almost nothing. And that is a mistake which sorely needs correcting.
The reasons for Canada’s silence vary. It has been said that Canada has no ‘real’ strategic interests at stake in the South China Sea or vis-a-vis China, nor any real capacity to influence Chinese behavior, and so Canada has little to gain by ‘rocking the boat.’ What’s more, China is an important economic partner with whom Canada has sought closer engagement. By involving itself in regional politics, Canada risks alienating its second largest trading partner. As I’ve argued elsewhere, these arguments don’t hold water.
Outside of its membership in NATO, what direct interests does Canada have in Eastern Europe or the Baltic states? Members of NATO determine their level of engagement based on the relevance to their national interests (along with other considerations), and so it would not be unusual for Canada to be less active in the region than it has been. And, given its recent long-term engagement in Afghanistan, and its on-going missions in the Middle East to combat ISIS, the argument that Canada isn’t pulling its weight would not be particularly persuasive.
Canada has as much interest in the stability of the Asia-Pacific as it does Eastern Europe, if not more. Not only does Canada have extensive economic interests in the region, the many partners Canada has been attempting to build relationships with do too. Canada’s Five Eyes allies Australia, New Zealand, and the U.S. are directly impacted by the rise of China. Japan, another important economic and defence partner, is at risk. Canada has very clear strategic and economic interests which are currently at risk. More to the point, however, the argument that Canada has few, if any, security interests at stake in the Asia-Pacific region contradict existing Canadian policies and actions– something I will explore in more depth in Part 2.
David A. Beitelman is a PhD Candidate in Political Science at Dalhousie University and a Doctoral Fellow at the Centre for Foreign Policy Studies, where he served as Deputy Director from 2013–14.
Featured Image: (July 12, 2012) – Soldiers from multiple countries (Australia, Canada, Indonesia, Korea, Malaysia, New Zealand, Tonga and United States) get in position on the flight deck to man the rails on amphibious assault ship USS Essex in Honolulu, Hawaii, on July 11 2012. (Canadian Forces photo by : MCpl Marc-Andre Gaudreault, Canadian Forces Combat Camera.)
Welcome to Part One of the July 2016 members’ roundup. Through the first half of July, CIMSEC members examined several international maritime security issues, including the Permanent Court of Arbitration ruling in the South China Sea, Russia’s continued air campaign against ISIS, the U.S. Navy’s procurement objectives for the Virginia-class submarine successor, and the United States’ position on the United Nations Convention on the Law of the Sea (UNCLOS). Here is a roundup of their writings.
Mira Rapp-Hooper and Patrick Cronin, atWar on the Rocks,provide an analysis on the long-anticipated Permanent Court of Arbitration ruling in the Philippines vs. China case over the South China Sea. Using a ‘Choose Your Own Adventure’ format, the authors breaks down the different geopolitical and legal implications of the ruling, including potential Chinese responses, political fallout for China–Philippines relations, and the future of maritime and sovereignty claims in the South China Sea. The authors explain that for China to comply with the Court’s ruling it must not claim any water or airspace from the reefs it occupies or make a 12 nautical mile assertion from any claimed land features. With the ruling being highly unfavorable to China’s maritime objectives, the authors highlight that if Beijing begins to prioritize territorial claims while easing off claims to water and air, it would likely reflect a China looking to move beyond its defeat while saving face.
Armando J. Heredia at U.S. Naval Institute News, examines the tribunal’s decision from the perspective of Manila and how the recent election of Rodrigo Duterte as President of the Philippines will impact regional relations. He explains how the previous administration chose to accelerate the modernization process of the country’s military in response to increased hostility from China while opening the way for American forces to return to the Philippines through the Enhanced Defense Cooperation Agreement (EDCA). He notes that even under the modernization program the Philippines remain weak in terms of kinetic responses to a Chinese incursion. He also notes that any engagement by the Philippines would have to leverage the country’s poorly equipped Coast Guard, which lacks sufficient hulls to establish presence operations near disputed maritime regions and land features.
Jake Bebber, at the U.S. Naval Institute Blog, discusses the centrality of cyberspace operations in the People’s Liberation Army’s (PLA) strategyfor long-term competition with the United States. He discusses aspects of informationized warfare and how the PLA is seeking to position its sources of information power to enable it to win a short, overwhelming victory for Chinese forces in a notional conflict. He notes that in response to China investing large amounts of time, energy, people and resources towards achieving the country’s cyberspace and information warfare objectives, the DoD must ensure that U.S. Cyber Strategy supports the force planning, training, and equipping of cyber forces while integrating advanced technology into information planning and acquisition.
Kyle Mizokami, at Popular Mechanics, provides an overview of Moscow’s decision to deploy the country’s only aircraft carrier to the Mediterranean to carry out airstrikes against the Islamic State until next year. Discussing some of the ship’s features, he explains that the ship’s propulsion system is unreliable and is so prone to breaking down that an oceangoing tugboat always accompanies it on long distance voyages. He also discusses the capabilities the carrier will deploy, including Su-33 air superiority fighters, Su-25UTG ground attack aircraft, and MiG-29KUB two-seater multi-role fighters.
Dave Majumdar, at The National Interest, discusses the U.S. Navy’s procurement objectives for the next-generation SSN(X) successor to the Virginia-class attack submarines. His article argues that one priority, permitting the Navy will have the technological know-how to do so, is to effectively turn the future attack submarine into an underwater platform for unmanned underwater vehicles (UUV). Another objective would be to eliminate noise-generating moving parts such as a propulsor or driveshaft in the propulsion system to decrease the possibility of detection in an increasingly competitive undersea environment.
Members at CIMSEC were also active elsewhere during the first part of July:
Darshana Baruah, at The Interpreter, analyzes India’s perspective on the South China Sea ruling. She explains that statements released by Indian officials indicate that New Delhi recognizes the ruling from the Permanent Court of Arbitration (PCA) and will respect it.
Christian Davenport, for the Washington Post, examines recent controversy surrounding the Pentagon’s B-21 Long-range Strike Bomber program and the stealth aircraft’s producer, Northrop Grumman. The article discusses an effort, led by Sen. John McCain (R-Ariz.), that would have forced the Air Force to reveal the total cost of the program – estimated to be as high as $100 billion.
Mina Pollman, for The Diplomat, discusses the terrorist attack in Dhaka, Bangladesh that killed seven Japanese nationals and how the Japanese government is responding to the incident. She also provides an analysis of traditional Japanese responses to terrorism and the limitations public opinion on the use of the Japan Self-Defense Force as a foreign policy tool has on their ability to proactively contribute to peace.
ADM James Stavridis, USN (Ret.) and Elliot Engel, Ranking Member of the House Committee on Foreign Affairs, provide an opinion piece suggesting that the United States should ratify the UNCLOS convention. The authors explains that since the U.S. is not party to the Law of the Sea convention, Washington lacks an appropriate position to urge governments to stick to their obligations and abide by the Tribunal’s decision in the South China Sea case and others should they arise.
At CIMSEC we encourage members to continue writing, either here on CIMSEC or through other means. You can assist us by emailing your works to [email protected].
Sam Cohen is currently studying Honors Specialization Political Science at Western University in Canada. His interests are in the fields of strategic studies, international law and defense policy.
Featured Image: A view from the deck of the Russian carrier Admiral Kuznetsov (Wikimedia commons)
