Tag Archives: Taiwan

Indo-Asia-Pacific, South America

Taiwanese Navy Friendship Flotilla Visits Latin American and Caribbean Allies

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The Southern Tide

Written by W. Alejandro Sanchez, The Southern Tide addresses maritime security issues throughout Latin America and the Caribbean. It discusses the challenges regional navies face including limited defense budgets, inter-state tensions, and transnational crimes. It also examines how these challenges influence current and future defense strategies, platform acquisitions, and relations with global powers.

“The security environment in Latin America and the Caribbean is characterized by complex, diverse, and non-traditional challenges to U.S. interests.” Admiral Kurt W. Tidd, Commander, U.S. Southern Command, before the 114th Congress Senate Armed Services Committee, 10 March 2016.

By W. Alejandro Sanchez

A three-ship training flotilla belonging to the Republic of China (ROC/Taiwan visited Central American and Caribbean states as Taipei strives to maintain close ties with regional allies. Taiwan regularly sends high-ranking defense officials and flotillas as part of goodwill initiatives in the Western Hemisphere, these initiatives will be even more important as the Dominican Republic announced at the end of April that it would sever relations with Taiwan and establish them with the People’s Republic of China.

 Friendship Flotilla 2018

Taiwan’s friendship flotilla No. 107 (Flotilla de la Amistad in Spanish), is comprised of “Pan Shi, a modern and sleek Fast Combat Support Ship, Pan Chao, an older, U.S.-designed frigate, and Kuen Wing, a more recent, French-made stealth frigate,” according to AFP. There are around 800 personnel on board in total, including an unspecified number of cadets from the ROC Naval Academy who are utilizing the voyage to learn how to operate in the high seas.

The flotilla commenced its training voyage by first visiting the Marshall Islands; while in the Western Hemisphere it visited the Dominican Republic, El Salvador, Guatemala, and Nicaragua. The local and Taiwanese media have covered the visit during each port call. For example, the  Nicaraguan newspaper El Nuevo Diario has noted that the last time a Taiwanese flotilla visited the Central American country was in 2016 while other outlets mentioned that this is the sixth time that such a visit has occurred.

Meanwhile the Minister of Defense of El Salvador, Munguía Payés, reportedly praised bilateral relations, stating that “the armed forces of El Salvador and of Taiwan … are and will always be an important factor not only when it comes to the internal security of our respective nations but also supporters of development and guarantors of democracy.”

Taiwan, China, and Latin America

Even with recent advances in naval technology and the ability to resupply at sea, it is still necessary for vessels traveling far from their nation’s territorial waters to be allowed to dock at friendly ports and conduct exercises with friendly naval forces from other nations. The problem is that Taiwan is running out of ports in the Western Hemisphere to dock its naval platforms and engage in constructive naval initiatives with friendly forces as regional governments switch from recognizing Taipei to Beijing. As previously mentioned the DR switched at the end of April, Panama switched in 2017, while Costa Rica did the same a decade ago, in 2007. The DR’s switch is somewhat embarrassing to Taipei, as the flotilla docked in Santo Domingo in mid-April, only to have the Dominican government switch to Beijing two weeks later.

While Beijing is gaining new allies in the Western Hemisphere, Chinese naval presence in Latin America and the Caribbean is pretty limited: a destroyer Shijiazhuang and the supply ship Hongzehu visited Chile in 2009; four years later, destroyer Lanzhou and frigate Liuzhou visited Argentina in 2013. Additionally, China’s Peace Ark (866 Daishan Dao), a Type 920 hospital ship that is operated by the People’s Liberation Army Navy, has visited the Western Hemisphere as part of “Harmonious Mission 2011” and “Harmonious Mission 2015.” Nevertheless, if more regional governments recognize Beijing (and there are constant rumors about which will be the next country to do so), and as Beijing seeks to project its naval presence well past its borders, there may be a larger Chinese naval presence in the Western Hemisphere in the coming years.

Rear Admiral Wang Fushan (third from right), deputy commander of the North Sea Fleet of the Chinese Navy, holds a meeting with officers from the Chilean naval forces aboard the Chinese destroyer Shijiazhuang, in Valparaiso. (News.cn)

The Flotilla in Context

The visit of the three-vessel Taiwanese flotilla in itself is not meaningful as Taiwan does not have bases in the Western Hemisphere, nor does Taipei have some kind of collective security-type defense treaty with regional countries. In other words, this visit does not signify that Taiwan would come to the aid of one of its regional partners, should one of them be attacked by a third party. Hence, the international media has placed the visit in the context of Taipei-Beijing and Taipei-Washington relations; for example Reuters published a piece titled “Taiwan warships drop anchor in Nicaragua amid sinking ties with China,” while the Strait Times titled its own report on the subject, “China demands halt of U.S. arms sales to Taiwan, as island stresses Central America ties with navy visit.”

Additionally, given ongoing tensions with China, there have been a number of reports about the Taiwanese Navy undergoing  a modernization process to obtain new platforms. There have been similar discussions in Washington regarding what kind of weaponry should the U.S. sell Taiwan. It is worth noting that in 2017 the Taiwanese Navy received two decommissioned Oliver Hazard Perry-class frigates but ongoing Washington-Beijing tensions seem to hint that more modern equipment (including submarine technology) could be sold to Taipei as part of ever-changing geopolitics in Asia.

While the recent visit of a Taiwanese flotilla will not affect Central American or Caribbean geopolitics, its use is more symbolic, as it demonstrates that the Asian nation strives to maintain diplomatic relations with its remaining friends in the Western Hemisphere. Taiwan’s naval diplomacy, unlike similar initiatives by other countries, is not so much about maintaining cordial defense relations, but maintaining diplomatic relations. Countries like El Salvador and Nicaragua still recognize Taiwan, but the recent loss of DR, which occurred right after the flotilla visited the country, is an example that such initiatives, defense and others, must be constant.

W. Alejandro Sanchez is a researcher who focuses on geopolitical, military and cyber security issues in the Western Hemisphere. Follow him on Twitter: @W_Alex_Sanchez.

Featured Image: Nicaraguan students wave Taiwanese flags to welcome three Taiwanese Navy warships at Corinto port, some 149km north-west of Managua, on April 9, 2018. (Photo: AFP)

Asia-Pacific

A Balancing Act: U.S. and the Cross-Strait Relation

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NAFAC Week

By Jenny Chau Vuong

A growing China is shifting the balance of power in East Asia. The question remains: Should the U.S. engage or contain China’s rise? Containing a country of 1.3 billion people will be a costly option, economically and militarily. Joseph Nye at Harvard University warns that if the U.S. continues to treat China as the enemy, then they are certain to have an enemy.1 Thus, it is in the United States’ best interest to pursue positive relation with China.

One of the most pressing issues that stands between the U.S.-China relation is Taiwan. Reunification with Taiwan is deeply rooted within Chinese nationalism, and many see the island as stolen land that needs to be returned to China. On the other hand, with a growing national identity and political differences, Taiwan aims for independence. There are three most likely outcomes in this conflict: Taiwan declaring independence, maintaining the status quo, or reuniting with China. In order to maintain positive relation with China, the U.S. should not bolster Taiwan’s confidence to declare independence.

Cross-Strait Relation: War as a Last Resort

China is bent on reunification because it is essentially their unfinished civil war. Zhu Bang Zao, the spokesperson for the Chinese Foreign Ministry, made their stance very clear: “Taiwanese independence is equal to war.”2 Zhu reaffirms that China wants a peaceful solution to reunify with Taiwan. For that reason, they are patiently relying on the forces of economic integration.

At the same time, the survey conducted by National Chengchi University in Taiwan reports that 80 percent of the respondents prefer the “status quo”3 in relation with China; however, Taiwanese are not willing to pursue independence at all cost. When asked to choose either establishing formal independence or maintaining economic ties with China, 83 percent chose the latter. It is clear that although both parties articulated different futures for Taiwan, neither want an armed conflict. The commitment to a nonviolent solution forces both Taiwan and China to operate within a gray area of quasi-independence. It is not the U.S.’ job nor is it in the U.S.’ interests to define that gray area. U.S. military intervention could ignite a global conflict and push China to be more aggressive than it actually is.

The U.S. Role in the Cross-Strait Relation

Until now, the U.S.’ stance towards Taiwan is best described as a balance of optimism and realism. The United States accepted the One China policy but signed a treaty to defend against Chinese military aggression. Deputy Secretary of State Antony J. Blinken stated that Taiwan “showed the world what a mature, Chinese-speaking democracy looks likes.”4 The U.S. hopes that this beacon of democracy can influence China’s transformation. That is also the exact reason why China is fixed on reclaiming Taiwan – Taiwanese independence threatens the current regime. Despite the admiration, the U.S. is not committed to going to war with China over Taiwan, and for good reasons. Thus, the U.S. should not bolster Taiwan’s confidence by overpromising and underdelivering in the future.

In the foreseeable future, it will be difficult for Taiwan to obtain full independence based on recent trends. Taiwan’s economy has become deeply intertwined with China in the past 15 years. The British Office reported that in 2015, China absorbed around 30 percent of exports, making it the largest trading partner for Taiwan.5

Additionally, China is said to be capable of launching a military invasion by 20206, but that does not mean that they will. Furthermore, China’s actions are consistent with its commitment to a nonviolent solution in Taiwan by adopting the Nuclear No-First-Use policy and relying on the slow but steady economic integration. As Erik Eckholm, Beijing bureau chief for the New York Times states, “the number one principle – if you are a Chinese leader – is not that you have to regain Taiwan in the next five years. It’s that you can’t lose Taiwan.”

Currently, Taiwan spends less than 2 percent of their GDP on military spending.7 Thus, the small island will be relying on foreign powers to come to its defense. If Taiwan, convinced of U.S. support, declares independence, this will lead to war with China. There are two paths with one likely outcome. One, the U.S. fails to come to Taiwan’s defense, and China invades Taiwan, forcing reunification under Chinese terms. In this outcome, the U.S. will lose credibility among allies in the region, and it can cause China to become more belligerent. Two, the U.S. enters the fight to protect Taiwan, draws in the rest of the world, and starts another global conflict. No matter the victor of the war, Taiwan’s economy and infrastructure will be destroyed. It will break the U.S.-China relation, causing an economic slowdown in the global economy. Considering the consequences, the two countries are dedicated to peaceful solution, and the U.S. should follow suit.

In the meantime, the U.S. should avoid instigating aggression from the Chinese towards Taiwan. The U.S. should honor the Taiwan Relation Act in 1979 and promote diplomatic, cultural, and economic exchange; however, the U.S. must not directly engage in armed conflict with China. The U.S. can continue helping Taiwan maintain the status quo by selling weapons and expanding trade treaties. Taiwan has some time to build up their defense and economy to stand on equal footing with China, giving Taiwan more power when negotiating with China about how to define the gray area.

This strategy allows the U.S. to maintain a salvageable relationship with China without completely abandoning Taiwan. The U.S. can rely on regional allies to develop a check against Chinese power by strengthening defense treaties and diplomatic ties. If China throws their weight around, it will naturally encourage check and balance behavior from their neighbors. But without U.S. presence in the region, they are likely to jump on the Chinese bandwagon.

Conclusion

As China grows stronger, it will be more difficult for Taiwan to gain independence. The cost of defending Taiwan will also increase for the United States. The best scenario for Taiwan would be to accept the one country, two systems policy, while negotiating for better terms. The United States’ presence plays a large role in helping Taiwan maintain the status quo. But recognizing that the island’s de facto rule will not last forever, the United States needs to be prepared to lose Taiwan or fight China. Both economies will suffer greatly in an armed conflict. Thus, maintaining good relations with China is a better outcome for everyone. However, losing Taiwan doesn’t mean the U.S. will lose their foo hold in East Asia. As long the U.S. focuses on strengthening ties with regional countries, the U.S. can still plant its feet firmly in East Asia.

Born to Chinese parents in Vietnam, Jenny Vuong naturally developed an interest for international affairs. At the University of California Irvine, Jenny is the student ambassador in the Dean’s Council for the School of Social Sciences. She is also the Resident Advisor to the freshmen Global Perspectives hall. During her second year, Jenny studied abroad in South Korea for a year, where she interned for People for Successful Corean Reunification Organization (PSCORE). In Fall 2017, Jenny will study abroad again in Yokohama, Japan. She is looking to pursue a Ph.D. in international relations with a focus in East Asia. In her free time, Jenny enjoys cooking, learning new languages, and playing tennis.

Bibliography

114th Congress, 2d sess. “Reaffirming the Taiwan Relations Act and the Six Assurances as Cornerstones of United States-Taiwan relations.” Congress. 17 May, 2016. Web. 28 Mar. 2017.

Bang-Zao, Zhu. ” Why the Taiwan Issue is so Dangerous.” Interview. PBS. September 2001.

Keck, Zachary. “China Can Attack Taiwan by 2020, Taipei Says.” The Diplomat. 9 Oct. 2013. Web. 29 Mar. 2017.

Lin, Adela, and Ting Shi. “Taiwan Plans Military Spending Surge to Counter Rising China.” Bloomberg. 16 Mar. 2017. Web. 29 Mar. 2017.

Nye, Joseph. “Only China Can Contain China.” Huffington Post, 2014.

Taiwan Economy: 2016 Q1. Report. British Office. May 24, 2016. Web. 28 Mar. 2017.

Wang, Austin Horng-en, Brian Hioe, Fang-Yu Chen, and Wei-ting Yen. “The Taiwanese see themselves as Taiwanese, not as Chinese.” The Washington Post. January 02, 2017. Web. 29 Mar. 2017.

1. Nye, Joseph. “Only China Can Contain China.” Huffington Post, 2014.

2. Bang-Zao, Zhu. ” Why the Taiwan Issue is so Dangerous.” Interview. PBS. September 2001.

3. Wang, Austin Horng-en, Brian Hioe, Fang-Yu Chen, and Wei-ting Yen. “The Taiwanese see themselves as Taiwanese, not as Chinese.” The Washington Post. January 02, 2017. Web. 29 Mar. 2017.

4. 114th Congress, 2d sess. “Reaffirming the Taiwan Relations Act and the Six Assurances as Cornerstones of United States-Taiwan relations.” Congress. 17 May, 2016. Web. 28 Mar. 2017.

5. Taiwan Economy: 2016 Q1. Report. British Office. May 24, 2016. Web. 28 Mar. 2017.

6. Keck, Zachary. “China Can Attack Taiwan by 2020, Taipei Says.” The Diplomat. 9 Oct. 2013. Web. 29 Mar. 2017.

7. Lin, Adela, and Ting Shi. “Taiwan Plans Military Spending Surge to Counter Rising China.” Bloomberg. 16 Mar. 2017. Web. 29 Mar. 2017.

Featured Image: Supporters of Taipei’s mayoral candidate from Taiwan’s ruling party, the KMT, wave flags during a campaign stop on Oct. 26, 2014. (SAM YEH/AFP/GETTY IMAGES)

Asia-Pacific, Current Operations

Liaoning Raises More Questions for China

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The Red Queen’s Navy

Written by Vidya Sagar Reddy, The Red Queen’s Navy will discuss the The Red Queeninfluence of emerging naval platforms and technologies in the geostrategic contours of the Indo-Pacific region. It identifies relevant historical precedents, forming the basis for various maritime development and security related projects in the region.

“Now, here, you see, it takes all the running you can do, to keep in the same place.”– The Red Queen, Through the Looking Glass, Lewis Carroll.

By Vidya Sagar Reddy

Introduction

China’s sole aircraft carrier, the Liaoning, had put on a display of its skills recently as the carrier group transited the Western Pacific. Liaoning’s excursion, marking Beijing’s core interests, is a political message to the United States and the world as uncertainty grips them. It also marks the beginning of a new episode in the military history of Western Pacific, which has been dominated by American aircraft carriers since the Cold War, especially during the Taiwan Strait crises. Taiwan also believes that Liaoning represents China’s military ability to break through the first island chain.

Historical Context

A recount of Cold War history and Beijing’s narratives of its historical and maritime supremacy in the Western Pacific serves to put this development into a more sober perspective, informing future political and military balance in the region.

China’s civil war led to Communists controlling the mainland territory while the Nationalists retreated to Taiwan. Subsequently, the People’s Republic of China and Republic of China were established on either side of the Taiwan Strait. In the 1950s, the U.S. drew up security and mutual defense treaties with Japan, South Korea, the Philippines, Australia, and New Zealand as a bulwark of its containment policy against the spread of Communism in Asia. The U.S. also extended its diplomatic and military support to Taiwan while confronting China in the Korean and Vietnam Wars.

In the 1950s, China and Taiwan clashed over the control of strategically located islands in the Taiwan Strait. The U.S. deployed its naval assets to the Strait, forcing cessation of hostilities and also signaling its political will to defend Taiwan from military aggression. However, U.S.-China relations improved in the 1970s with the former recognizing the PRC. The diplomatic recognition by the U.S. helped China modernize its industries and expand its economy.

As China’s domestic circumstances and international stature improved, it sought to define its national interests. In 2003, China’s Foreign Minister, Tang Jiaxuan, identified Taiwan as one of China’s “core interests” in his meeting with then U.S. Secretary of State, Colin Powell. The subsequent official writings use terms such as ‘upholding territorial integrity and national sovereignty’ and ‘reunification’ in an attempt to extend China’s sovereignty over Taiwan. The South China Sea was included in the ‘core interests’ in 2010 and the disputed Senkaku/Diaoyu islands in the East China Sea in 2013. China is undertaking reforms and modernizing its military capabilities to attain and defend these core interests.

Admiral Liu Huaqing, called China’s Mahan, was the most influential in lobbying for a blue-water navy for the country. He oversaw the radical modernization of China’s navy in terms of concepts, strategies, and capabilities. He even drew up a timeline for China’s navy to be able to exert sea control within the first island chain by 2000, control second island chain waters by 2020 and project power as a true global navy by 2050. The aircraft carrier is the quintessential military platform that embodies such intentions, particularly for global power projection. The fact that American aircraft carriers operating across the globe, including the Western Pacific, underline this fact to China.

Signaling Capability and Strategic Intent

Liaoning then speaks of Beijing’s political will and ambition to break through the first island chain, which China considers a geographical and political containment of its power. The first island chain is a virtual line drawn from the islands of Japan passing Taiwan and the Philippines and curving at the southern end of the South China Sea between Malaysia and Vietnam. Variations include the line either passing through the west coast or the east coast of Taiwan as well as extension of the line through the Indonesian archipelago to even reach Diego Garcia in the Indian Ocean. In any case, China is bound to come in contact with its immediate neighbors Japan, South Korea, Vietnam, Malaysia, and the Philippines, countries with which it shares a long, complex history of both cooperation and conflict.

China has also shown its knack for picking its moments to send political messages using military means. It took advantage of the world’s fixated attention on the U.S. intervention in Lebanon in 1958 to resume the bombing of Jinmen and Mazu islands in the Taiwan Strait. China’s armed incursion across the Indian border in 1962 coincides with the Cuban Missile Crisis. At present, the domestic political transition phase of the U.S. had lent Liaoning political space to carry out its objectives in support of Beijing’s core interests. Liaoning’s excursion also occurred just as President Trump signaled possible recalibration of ‘One China’ policy before his inauguration. Carrier operations require significant advance preparation, so while President Trump’s comments may not have triggered the Liaoning’s transit, the Chinese surely planned this December deployment well in advance of the U.S. election to send a message to the U.S. president-elect, whomever it would be. 

China has liberally shared photographs and videos of Liaoning’s deck operations, perhaps as an aid to counter the criticism of its minimal experience in carrying out carrier operations in deep seas. Nevertheless, China cannot be expected to master those skills and capabilities inherent to maintaining a carrier strike group as its Asian peer India or the U.S. have acquired over many decades and at considerable costs. Most importantly, before China can earn international prestige, Liaoning or its successors must operate outside the overshadowing Anti-Access/Area Denial protective bubble and sustain their operations to become true power projection assets.

Liaoning operations in December 2016. PLA Navy chief Admiral Wu Shengli is seen shaking hands and speaking to crew members. (CCTV)

Even if it is the intention of China to intimidate its smaller neighbors by parading the Liaoning in the near seas, investing the financial and human resources demanded by an aircraft carrier in the Coast Guard and maritime militia makes better sense. China’s maritime militia deployed on the open seas backed by the Coast Guard and the Navy has emerged as the true instrument of coercion for altering the status quo in the South China Sea, complicating the response mechanisms of disputant countries while the U.S. has yet to officially recognize it as a concentrated force.

Extending the cost-benefit perspective to a wartime situation, it again makes better sense for China to continue investing in its missile capabilities that better serve its sea denial strategy against an adversary advancing over the seas towards its shores. The new classes of China’s destroyers and submarines, owing to their numbers and increasing technological sophistication, are already considered formidable. Even if the carriers are able to extend the reach of China’s military aircraft over the seas, they would tie down some of the aircraft and naval assets for protection against the adversary’s own long-range missile strikes.

Conclusion

In essence, China has made a fine point: it finally possesses a steaming aircraft carrier that has operated without incidents on its first venture over the seas. Beijing successfully highlighted and marked some of its core interests. While Liaoning’s foray into the seas certainly sets a mark in the fluctuating military balance of the Asia-Pacific, China has some decent obstacles to maneuver before it can claim or demand recognition for possessing an aircraft carrier. And given China’s zero tolerance for accidents, it remains to be seen how the cautious approach would help China gain mastery in this domain. As the carrier operations continue and more platforms join the Navy, China will have to determine if these platforms are indeed worth the risk and costs. Even so, China needs to assess the optimum roles that can be assigned to its carriers within the country’s overarching political and military strategies.

Vidya Sagar Reddy is a research assistant in the Nuclear and Space Policy Initiative of the Observer Research Foundation, New Delhi.

Featured Image: Liaoning steams with PLA Navy surface combatants. (Andreas Rupprecht, via China Defense Forum)

Asia-Pacific, Territorial and Law of the Sea Disputes

US Department of State Seeks to Clarify Meaning of China’s 9-Dash Line Part 4

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By Alex Calvo

This is the fourth installment in a five-part series summarizing and commenting the 5 December 2014 US Department of State “Limits in the Seas” issue explaining the different ways in which one may interpret Chinese maritime claims in the South China Sea. It is a long-standing US policy to try to get China to frame her maritime claims in terms of UNCLOS. Read part one, part two, part three. 

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3.- “Dashed Line as a Historic Claim”

The third way to see the dashed-line, according to the Limits in the Seas series paper, would be as a historic claim. Under UNCLOS this can take two forms, “one of sovereignty over the maritime space (‘historic waters’ or ‘historic title’)” or “some lesser set of rights (‘historic rights’) to the maritime space.” The paper devotes much more room to discussing this possibility than to the two previous alternative interpretations. It begins by pointing out that “some Chinese government statements and acts could be read to support a version of this historic claim interpretation”, and by noting that given that “the dashed-line maps pre-date the People’s Republic of China, the views of Taiwan are also of interest.” Concerning the Island’s claims, the text underlines that while in 1993 its “Policy Guidelines for the South China Sea” said that the dashed lines enclosed a “’historic water limit’ within which Taiwan ‘possesses all rights and interests’” (see K-H. Wang, “The ROC’s Maritime Claims and Practices with Special Reference to the South China Sea,” Ocean Development and International Law, Volume 41, 2010, pp. 237-252), Taipei has not stuck to this view. “Subsequent maritime legislation enacted by Taiwan and subsequent public statements, however, suggests that this view may no longer be officially held,” noted the State Department in another Limits on the Seas series issue, published in 2005, devoted to Taiwan. While the text refers to this 2005 paper, the latter’s contents do not discuss in depth ROC claims on the South China Sea, as clear from the fact that the term “South China Sea” only appears three times, whereas “dash” is not to be found. Thus, while the assertion that in studying PRC claims one should pay attention to ROC claims seems logical, this is not followed up, either in the 2005 Limits on the Issues paper devoted to Taiwan, or in the 2014 one dealing with China. In other words, the Department of State does not follow its own advice. How should we read this? On the one hand, the preeminent use of “Taiwan” may seem to amount to a limited recognition of political realities on the ground, in opposition to Beijing’s views, further contradicted by the scant regard for ROC practice as opposed to the PRC’s emphasis on administrative and international legal continuity with the Nationalist regime. An alternative, more Beijing-friendly, interpretation of the DOS approach may be that it is treating Taipei as the de facto authority on the Island, also for law of the sea purposes, while restricting its role in the South China Sea, where the PRC has consistently sought to exclude Taiwan from regional fora, in line with its traditional policy towards the Island. More generally, this may reflect the complex and ambiguous status of Taiwan, with neither the Island itself nor countries like the United States completely sure what it is. To add to the confusion concerning Taiwan in the DOS paper, it states on page 21 that “Many islands and other features in the South China Sea are occupied not just by China, but by … Taiwan,” yet again this is not followed by any detailed examination of Taipei’s claims.

Going back to evidence for the possible interpretation of Beijing’s claims as historic, the report cites as “most notable” China’s “1998 EEZ and continental shelf law, which states [in Article 14] without further elaboration that ‘[t]he provisions of this Act shall not affect the historical rights of the People’s Republic of China’” (emphasis added in the DOS report). China’s 2011 Note Verbale says that Beijing’s claims are supported by “historical and legal evidence,” but while the DOS report adds emphasis to “historical”, one should be careful not to confuse a historical claim with a claim supported by history. A country may put forward historical evidence in both negotiations and arbitration or adjudication in areas where UNCLOS refers to “equitable” solutions. The text also notes how many “Chinese institutions and commentators have considered that the dashed-line maps depict China’s historic title or historic rights.”

The DOS reports explains that “some” Chinese Government actions and statements which are “inconsistent with” UNCLOS, while not amounting to “express assertions of a historic claim, they may indicate that China considers that it has an alternative basis – such as historic title or historic rights – for its maritime claims in the South China Sea,” and provides some examples, such as the assertion by Foreign Ministry Spokesperson Qin Gang on 10 March 2014 that the Second Thomas Shoal (Ren’ai Reef) was under Chinese “sovereignty.” Qin Gang said “It is known to all that China has sovereignty over the Nansha Islands and their surrounding waters, including the Ren’ai Reef.” This mantra about sovereignty, together with repeated appeals to history, could indeed be considered as evidence that what Beijing has in mind is a historic claim. Furthermore, it may well be a claim going beyond the provisions for such term in UNCLOS. The report provides further evidence, beyond statements, to support the view that China may be making a historical claim. First of all, the “periodic oath-taking ceremonies at James Shoal” by Chinese naval vessels “to affirm ‘sovereignty’ over this bank” and the 2012 introduction by the China National Offshore Oil Corporation (CNNOC) of lease blocks in front of Vietnam’s central coast, in “waters under jurisdiction of the People’s Republic of China” according to the company yet with “portions of two of these blocks (BS16, DW04)” extending “without explanation to waters that are beyond 200 nm from any Chinese-claimed island.” The DOS report stresses that the resulting “assertion of maritime jurisdiction … exceeds what is provided for under” UNCLOS.

“Coat of arms of USS Lassen (DDG 82), which has conducted FONOPS in the South China Sea. Experts have criticized their ambiguity and are still debating their exact nature.”
Coat of arms of USS Lassen (DDG 82), which has conducted FONOPS in the South China Sea. Experts have criticized their ambiguity and are still debating their exact nature.

The idea that Chinese claims are “separate from, and additional to” UNCLOS is also suggested by domestic legislation, the DOS report notes. As an example it cites China’s 1999 Law on Marine Environmental Protection, which describes its geographical scope as extending to the country’s “internal waters, territorial sea, contiguous zone, exclusive economic zone, continental shelf of the People’s Republic of China and other sea areas under the jurisdiction of the People’s Republic of China” (emphasis in the DOS report). According to the text, UNCLOS is restricted to maritime zones mentioned in the law, and not to any “other sea areas under the jurisdiction” of the PRC, and “perhaps” this is a reference to “areas where China considers that it has historic claims.” Again, we must remember that this could be understood in two different ways, either China making a claim based on historic facts (recognized to a limited degree by UNCLOS) or China laying down sovereignty over certain areas of the sea based on principles and rules outside UNCLOS, or outside the prevailing interpretation of UNCLOS.

Has China made a historic claim? Next the DOS report examines two issues: whether China has actually “Made a Historic Claim”, and whether it would “have Validity.” Concerning the former, the text states that “China has not actually made a cognizable claim to either ‘historic waters’ or ‘historic rights,’” the reasons being a lack of “international notoriety” and the statement in her 1958 Territorial Sea Declaration that “high seas” separate the Chinese mainland and coastal islands from “all other islands belonging to China”. The text admits that the expression “historic waters” appears in some Chinese legislation and statements, and actually cites some of them, but believes that this does not amount to “notoriety” to a degree sufficient to “at the very least” allow “other states” to “have the opportunity to deny any acquiescence with the claim by protest etc.” (Taken from C.R. Symmons, Historic Waters in the Law of the Sea: A Modern Re-Appraisal, (Leiden: Martinus Nijhoff Publishers, 2008), p. 145) since “no Chinese law, declaration, proclamation, or other official statement” exists “describing and putting the international community on notice of a historic claim.” The text dismisses references to “historic rights” in the 1998 EEZ and continental shelf law as “a savings clause” and “not a statement of a claim itself.” An additional reason put forward by the text is that these could be references to “China’s sovereignty claim to the islands, and not the waters.” The 1947 map does not constitute either, according to the DOS report, a claim, and furthermore even if one had been made, the fact it was published domestically “in the Chinese language” would not amount to “an act of sufficient international notoriety to have properly alerted the international community.” More generally, the text considers that no subsequent Chinese map can be treated as having made a claim either, since they all “lack the precision, clarity, and consistency that could convey the nature and scope of a maritime claim” and cites in support of this view the ICJ “statement of principle” in the Frontier Dispute case between Burkina Faso and Mali, which says that “Whether in frontier delimitations or international territorial conflicts, maps merely constitute information which varies in accuracy from case to case; of themselves, and by virtue solely of their existence, they cannot constitute a territorial title, that is, a document endowed by international law with intrinsic legal force for the purpose of establishing territorial rights.”

Read the next installment here. 

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

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