Tag Archives: Taiwan

Examining the Flaws of the South China Sea Code of Conduct

By Ching Chang

The South China Sea has turned into a hotspot for potential regional conflicts in recent years. Nonetheless, parties concerned have already tried their best efforts to establish certain mechanisms to prevent crisis and reduce tension together. The first significant initiative was the “Declaration on the Conduct of Parties in the South China Sea”, known as the DOC, signed by all the members of the ASEAN and the People’s Republic of China on November 4, 2002.

 Although the Article Ten of the DOC explicitly noted with “The Parties concerned reaffirm that the adoption of a code of conduct in the South China Sea would further promote peace and stability in the region and agree to work, on the basis of consensus, towards the eventual attainment of this objective.”, yet no substantial progress has been achieved since then. On July 20, 2011, another joint statement signed by the ASEAN members states and the PRC known as the “Guidelines for the Implementation of the DOC” was noted as another milestone for “embodying their collective commitment to promoting peace, stability and mutual trust and to ensuring the peaceful resolution of disputes in the South China Sea.” Nonetheless, the Code of Conduct was never mentioned by the later established guidelines. It may also imply the actual pessimistic situation for formulating the South China Sea Code of Conduct.

According to the present structure for negotiating the South China Sea Code of Conduct, there are several arrangements that can be challenged since they may eventually undermine the legitimacy of the COC as an effective mechanism to affect behaviors of every party involved in theSouth China Sea.

 First, the Republic of China now in Taiwan was never invited to join the COC negotiation process. It is obviously opposed by Beijing for negating the ROC presence in the international community. And all ASEAN members follow the “one China” policy as the prior condition when they established the diplomatic relationship with the PRC. It is not surprised to see that the ROC is excluded from the collective effort so far. Nonetheless, the ROC is not only a claimant of the territories and waters of the South China Se,. Taipei is a substantial occupant of a major island, Tai-Ping Island, in the South China Sea. Further, Taiwan also actively conducts various maritime activities in the South China Sea. Without Taipei’s involvement and consent, how can the South China Sea Code of Conduct be a meaningful mechanism to assure the stability and peace in the South China Sea?

The ROC Coast Guard stationed in the South China Sea.
The ROC Coast Guard stationed in the South China Sea.

Compared to Myanmar, Thailand, Cambodia, Singapore and Laos, the Republic of China should have more reasons to be involved in the negotiation process since all these ASEAN states noted above are not adjacent to the South China Sea at all. Taipei should also have the better reason than Jakarta to sit together with other claimants of the territories in the South China Sea since Indonesia is not even a claimant but only concerned of its Economic Exclusive Zone. Although Beijing frequently implies that all Taipei’s privileges and interests in the South China Sea will be guaranteed by the People’s Republic of China, the proposal has never been accepted by Taipei. Any assurance like this will not be recognized by ASEAN member states.

Second, nations’ individual interests in the South China Sea have not been totally covered by the negotiation process. As addressed by the Article Nine of the DOC, “The Parties encourage other countries to respect the principles contained in this Declaration;” how can we expect that states never involved in the negotiation process of the future South China Sea COC can be constrained by a mechanism that they never explicitly accept. Many states use the South China Sea as major sea lanes of communication to serve their maritime interests and supporting their national economic welfare. If we expect the South China Sea COC to be a meaningful document to assure the peace and stability in the South China Sea, it should allow more states to be involved in the codification process and even subsequently signing and ratifying the international decree.

Tai-ping Island in the South China Sea is substantially stationed by the ROC garrison forces after World War II.
Tai-ping Island in the South China Sea is substantially stationed by the ROC garrison forces after World War II.

Based on the flaws already mentioned, the author would like to propose a “Multi-chaptered South China Sea Code of Conduct” in order to make this document can be more sensible and functional also. The South China Sea Code of Conduct should be categorized into several chapters according to participants’ conditions. In another word, it should be modularized by function and status accordingly.

Those who are concerned with the situations in the South China Sea are encouraged to read the contents of the “Declaration on the Conduct of Parties in the South China Sea” and the “Guidelines for the Implementation of the DOC.” It is obvious that many terms are totally irrelevant to some ASEAN member states since they have no position to engage with those activities. To some extent, these ASEAN member states are so innocent to be kidnapped into a process that may not serve their true interests simply because of the plot to use ASEAN to balance the PRC in the South China Sea. On the other hand, for many states actually involved into activities in the South China Sea, the negotiation process does not consider preparing a document for them to participate so that establishing constraints on their behaviors or activities in the South China Sea is unlikely.

A multi-chaptered South China Sea Code of Conduct may allow states using the South China Sea for whatever reason to choose those chapters they would like to sign and promise to follow the code accordingly. Several chapters like environmental protection, fishery regulation, search and rescue, scientific research, climate report, oceanographic survey, anti-piracy and smuggling, nature preservation, sewage and waste process, navigation aid and regulation can be easily established with no controversy. For those codes that intentionally restrict behaviors enhancing future territory claim position, we should consider to replace the term of “claimants” into “occupants” so reducing the de jure proclamation by more objectively expressing the de facto statement.

Eleven dash line map the territory and waters in the South China Sea published by the Republic of China in 1946.
Eleven dash line map the territory and waters in the South China Sea published by the Republic of China in 1946.

This may be the only way to accommodate the Republic of China in Taipei and have it join this mechanism but not provoking Beijing. Beijing is very sensitive to anyone who violates the one China principle by accepting any term that may imply “Two Chinas” or “One China, One Taiwan.” Taipei has no intention to use the South China Sea Code of Conduct as a stage to irritate Beijing. Adopting the term of occupants to replace claimants may allow the specific chapter to be a description of realities in the South China Sea but not a statement of expressing political aspirations. The author would like to remind all the readers that without the Republic of China, the South China Sea Code of Conduct is only a self-deceived paper. Without all other states actually involved in the maritime activities in the South China Sea to promise following the terms noted in the chapters they choose to sign, the South China Sea Code of Conduct cannot be meaningful.

Chang Ching is a Research Fellow with the Society for Strategic Studies, Republic of China. The views expressed in this article are his own.

Deep Accommodation: The Best Option for Preventing War in the Taiwan Strait

Guest post for Chinese Military Strategy Week by Eric Gomez

History has shown that emerging great powers and established or declining great powers are likely to fight major wars in order to determine the balance of power in the international system. There is considerable fear that the U.S. and China are heading towards great power conflict. As Christopher Layne argues, there are “several important — and unsettling — parallels between the Anglo-Germany relationship during the run-up to 1914 and the unfolding Sino-American relationship.” The headline-grabbing dispute in the South China Sea offers an excellent example of one of the several flashpoints that could spark a larger conflict between the U.S. and China. But the probability of great power conflict between the U.S. and China can be reduced if the two states can find ways to better manage interactions in flashpoint areas.

The oldest flashpoint, and the area most important for Chinese domestic politics, is the Taiwan Strait. In 1972, the Shanghai Communique stated that the so-called Taiwan question was the most important issue blocking the normalization of relations between the U.S. and China. This question has yet to be solved, mostly because Taiwan has been able to deter attack through a strong indigenous defense capability backed up by American commitment.

Military Balance in the Taiwan Strait, Forbes.
Military Balance in the Taiwan Strait, Forbes.

The status quo in the Taiwan Strait will be unsustainable as China continues to improve its military capabilities and adopt more aggressive military strategies. If the U.S. wants to avert a war with China in the Taiwan Strait, it must start looking for an alternative to the status quo. Taiwan’s strategy of economic accommodation with China under the Ma Ying-jeou administration has brought about benefits. The U.S. should encourage Taiwan to deepen its military and political accommodation with China. This would be a difficult pill for Taiwan to swallow, but it could offer the most sustainable deterrent to armed conflict in the Taiwan Strait.

For years, Taiwan’s de facto independence from China has relied on a qualitatively superior, defense-focused military that could prevent the landing of a large Chinese force on the island. The growing power of the Chinese military, especially its naval and missile forces, has begun eroding this qualitative advantage. Indeed, some observers have already concluded that “the days when [Taiwan] forces had a quantitative and qualitative advantage over [China] are over.” Taiwan still possesses a formidable military and could inflict high costs on an attacking Chinese force, but ultimately American intervention would likely be necessary to save Taiwan from a determined Chinese attack.

Military intervention by the U.S. on the behalf of Taiwan would be met with formidable Chinese resistance. China’s anti-access/area denial strategy complicates the U.S.’s ability to project power in the Taiwan Strait.  China’s latest maritime strategy document, released in May of this year, states that China’s navy will start shifting its focus further offshore to include open seas protection missions. Such a shift implies an aspirational capability to keep intervening American forces away from Taiwan. American political leaders have not given up on Taiwan, and the 2015 U.S. National Military Strategy places a premium on reassuring allies of America’s commitments. However, the fact that China’s improving military capabilities will make an American military intervention on behalf of Taiwan more and more costly must not be ignored.

Ma Ying-jeou and Xi Jinping, Xinhua News Photo.
Ma Ying-jeou and Xi Jinping, Xinhua News Photo.

The best option for preventing a war in the Taiwan Strait is deepening the strategy of accommodation that Beijing and Taipei have already started. According to Baohui  Zhang, accommodation “relies on expanding common interests, institutionalizing dialogues, promoting security confidence-building and offering assurances to establish mutual trust.” The Ma Ying-jeou administration in Taiwan has tried to use accommodation as a way to lock in the status quo and avoid conflict, but their efforts have been met with more and more popular backlash in Taiwan. China’s military strategy document does acknowledge that “cross-Taiwan Straits relations have sustained a sound momentum of peaceful development, but the root cause of instability has not yet been removed.”

If Taiwan is serious about accommodation as a means of deterring military conflict, then it should cease purchasing military equipment from the U.S. Stopping the arms purchases would send a clear message to Beijing that Taiwan is interested in deeper accommodation. A halt in arms sales would also benefit U.S.-Chinese relations by removing a “major stumbling block for developing bilateral military-to-military ties.” This is certainly a very controversial proposal, and would likely be very difficult to sell to the Taiwanese people, but as I’ve already explained the status quo is becoming more and more untenable.

Getty Images
Getty Images

There are two important things to keep in mind about this proposal which mitigate fears that this is some kind of appeasement to China. First, halting U.S. arms sales does not mean that Taiwan’s self-defense forces would cease to exist. China may be gaining ground on Taiwan militarily, but the pain that Taiwan could inflict on an attacking force is still high. China may be able to defeat Taiwan in a conflict, but the losses its military would take to seize the island would significantly hamper its ability to use its military while it recovers from attacking Taiwan.

Second, there is an easily identifiable off-ramp that can be used by Taiwan if the policy is not successful. Stopping arms purchases is meant to be a way of testing the water. If the Chinese respond positively to the decision by offering greater military cooperation with Taiwan or some form of political concessions then Beijing signals its commitment to the accommodation process. On the other hand, if the Chinese refuse to follow through and meet Taiwan halfway then Beijing signals that it is not actually committed to accommodation. Taiwan would then resume purchasing American weapons with the knowledge that it must find some other way to prevent conflict.

Accommodation by giving up American arms sales is a tough pill for Taiwan to swallow, but it simply does not have many other viable alternatives to preventing conflict. Taiwan could pursue acquiring nuclear weapons, but this would be met by American opposition and would likely trigger a pre-emptive attack by China if the weapons program were discovered. Taiwan could try to avert conflict by increasing military spending to forestall, but this would be difficult to sustain so long as China’s economy and military spending is also growing. Analysts at CSBA have argued for deterrence through protraction, which advocates employing asymmetric guerrilla-style tactics to prevent China from achieving air and sea dominance. This has the highest likelihood of success of the three alternatives mentioned in this paragraph, but it still relies on intervention by outside powers to ultimately save the day.

Taiwan’s military deterrent will not be able to prevent a Chinese attempt to change the status quo by force for much longer. Any conflict in the Taiwan Strait would likely involve a commitment of U.S. forces and could lead to a major war between the U.S. and China. Accommodation could be the best worst option that Taiwan, and the U.S., has for preventing a war with China. Announcing an end to American weapons purchases could bring Taiwan progress on negotiations with China if successful while still providing off-ramps that Taiwan could take if unsuccessful. I admit, the idea of accommodation does have its flaws, and more work needs to be done to flesh out this idea. I hope that this idea of deep accommodation will add to the discussion about the management of the Taiwan Strait issue. The status quo won’t last forever, and a vigorous debate will be needed to arrive at the best possible solution. 

Eric Gomez is an independent analyst and recent Master’s graduate of the Bush School of Government and Public Service at Texas A&M University. He is working to develop expertise in regional security issues and U.S. military strategy in East Asia, with a focus on China. He can be reached at gomez.wellesreport@gmail.com.

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Reviewing Charles Glasers’ “China-U.S. Grand Bargain”

Guest post for Chinese Military Strategy Week by Peter Marino

In May of this year, the PLA released its most expansive defense White Paper ever. Having now firmly left in the past the original missions of the PLA simply to defend the Chinese mainland, the paper imagines a solidly regional, and even global, role for its armed forces to protect Chinese vital interests in economics and politics. This has understandably put additional pressure on US and Western defense planners to review their own strategic postures towards China and reassess how they intend to position themselves against it, as the post-First Cold War international architecture breaks down and a Second Cold War seems to be coming into focus. Squarely in the middle of any reassessment of U.S. strategic posture towards China would undoubtedly be Taiwan policy. Should the US hold to its commitments under the 1979 Taiwan Relations act? Should it strengthen these commitments? Or should it abandon them altogether? China specialists across the spectrum are weighing in. Today, I take a moment to review one such proposal, by Professor Charles Glaser of the Elliott School.1

https://www.youtube.com/watch?v=7fzvxS4R0sw

[1] Charles L. Glaser. “A U.S.-China Grand Bargain? The Hard Choice between Military Competition and Accommodation.” International Relations 39, No. 4, Spring 2015, 49-90.

Peter Marino holds an MSc in Global Politics from The London School of Economics and is a graduate of Norwich University. He lived in Shanghai from 2003 to 2008 and served as head of China development for London-based Aurigon, Ltd. He founded and sold Quaternion, a political risk startup, and is currently establishing a new Think Tank for International Affairs aimed at promoting engagement with the “Millennial Generation.” He also produces Globalogues, a video blog with commentary on global politics and economics. The views expressed in this article are his own.

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From Expediency to the Strategic Chinese Dream?

Guest post for Chinese Military Strategy Week Week by Sherman Xiaogang Lai

China’s Military Strategy, the white paper released by the Chinese Ministry of Defense on 26 May 2015, is a milestone document in the People’s Republic of China’s military history. It marks China’s confidence in its ability to control the potentially explosive issue of Taiwan and its territorial disputes with its neighbors in the East and South China Seas and signals the beginning of China’s advance into overseas markets, where China’s interests have been rapidly expanding since Deng Xiaoping initiated his market-oriented reform by terminating Mao Zedong’s regime of isolation, “self-reliance, and arduous struggle.” China’s Military Strategy states that “the basic point for PMS [preparation for military struggle] will be placed on winning informationized local wars, highlighting maritime military struggle and maritime PMS.” It asserts that the “traditional mentality that land outweighs sea must be abandoned, and great importance has to be attached to managing the seas and oceans and protecting maritime rights and interests.” For the first time in its history, the mission of the People’s Liberation Army (PLA) Navy (PLAN) is defined as jinhai fangyu, yuanhai huwei (“offshore waters defense and open seas protection”), and the PLAN’s focus is on the transition from the former to the latter.

news_chan_flagsThis new military strategy traces its origin to the Military Strategy Guideline of the New Era (MSGNE) of 1993. Although the text of the MSGNE has not been made public, its objective is known to be deterrence of Taiwan from de jure independence. The current strategy is thus significantly different from the MSGNE because of the former’s emphasis on the navy’s role in protecting sea lines of communication (SLOC), which were used by Admiral/General Liu Huaqing, China’s Admiral Sergei Gorshkov, to promote the PLAN as early as 1975, when Mao was alive. That Liu did not engage in the process of the MSGNE’s formation and in fact kept himself at a safe distance from it deserves attention. This reveals China’s strategic dilemma created by Taiwan’s inclination toward de jure independence and China’s growing dependence on international trade. The former demanded that the PLA develop an effective fighting capacity to deter Taiwan and convince the United States that it would pay a price if it did not help China in this effort. The latter required that the PLAN assume a new mission to protect China’s growing overseas interests. The hope was that this dilemma would be solved when China’s rapid economic growth eliminated the huge gap in living standards across the Taiwan Strait, bringing the two sides together. However, despite China’s admirable economic growth, Taiwan shows no sign of surrender. In addition, China’s territorial disputes with its neighbours in the East and South China Seas have escalated. The PLAN’s strategic dilemma thus remains intact. Will China’s tremendously increased economic and military strength help the PLA solve this problem and guide China onto the track toward the “Chinese Dream?” Before answering this question, let us go back to the fall of 1992, when the MSGNE was conceived.

The Economist SCS Claims
South China Sea Claims, The Economist.

By the spring of 1991, the PLAN leaders, including Admiral/General Liu, faced an unprecedented embarrassment: in addition to it being well known that the PLA was armed with obsolete weapons, the Allies’ triumph in the Gulf War demonstrated that the PLA’s operation doctrine was outdated. Making the situation worse was the imminent collapse of the Soviet Union. China, which had been benefiting tremendously from the West-East rivalry, had to face pressure from the United States, Taiwan’s patron, alone. As the island was in the process of rapid democratization and those residents who had fled to the island from the Mainland in 1949 were losing their dominance in politics, Taiwan began to pursue de jure independence and emerged as the fatal threat to the legitimacy of the Chinese Communists’ rule over Mainland China. Having recognized the reality of the changed world, Admiral/General Liu, one of the members of the PLA’s commanding agency, the Central Military Commission (CMC), and other PLA strategy planners began to develop a new strategy. Liu’s efforts coincided with Jiang Zemin’s endeavour to control the PLA. Jiang was a protégé of one of Deng’s rivals and managed to obtain Deng’s trust in the fall of 1992. As Jiang did not serve in the PLA, Deng appointed General Zhang Zhen, the PLA’s most senior officer in active duty, to help Jiang, who then asked Zhang to develop a new military strategy. Zhang tasked General Zhang Wannian, the recently appointed Chief of General Staff, with completing this job. Both generals’ entire careers were devoted to the PLA, and the final fruit of their efforts was the MSGNE approved in 1993.

The MSGNE departed fundamentally from the PLA’s strategic tradition at the time, which was based on ground forces armed with outdated weapons, in two aspects. The first was its shift from continental defence to the immediate challenges off China’s coast: deterring Taiwan’s de jure independence and managing the territorial disputes in the South China Sea. The second was prioritizing development of a few critical weapon systems, the so-called shashoujian, in contrast to the previous emphasis on ideological indoctrination. It is interesting that the MSGNE has not been officially defined and explained, despite it being a watershed strategy in the PLA’s history. Equally interesting is the fact that Admiral/General Liu was away from Beijing when the Generals Zhang were preoccupied there developing this maritime-oriented military strategy. The authors of his official biography cautiously implied that Liu had nothing to do with the creation of the MSGNE.

China’s DF-21D anti-ship ballistic missiles wheeled through a military parade. Internet photo.

Twenty years after the MSGNE was implemented, a PLAN consisting of two very different fleets emerged. The first consists of large surface warships and auxiliary vessels capable of operating as far as the Mediterranean Sea. The second is an anti-access fleet of submarines, fast missile craft, and destroyers supported by the PLAN’s land-based aircraft, the PLA Air Force, and the strategic striking force of the Second Artillery. In 2013, the world’s first anti-ship ballistic missile, the DF-21, with a range of 3,000 km, was reported to be operational. The deployment of the DF-21 means that US fleets, especially its aircraft carriers, are exposed to critical attacks by China’s conventional missiles when they are far
from China’s territorial waters. The DF-21 is a part of the PLA’s shashoujian and alters the naval game in the Pacific. Although it offers Chinese leaders more options in weapon selection, it makes a military solution more tempting and creates a set of challenges to both Chinese and American decision-makers if a cross-Strait conflict breaks out. The Chinese leaders will be able to use the DF-21 against approaching US fleets instead of their nuclear weapons. US leaders will have to make the decision either to risk US aircraft carriers being lost to the DF-21 in international waters and thus being forced into a large-scale war against China or to acknowledge China’s hegemony over the Western Pacific.

Neither Beijing nor Washington wants to make these difficult decisions. But China, the weaker side of this cross-Pacific rivalry, gains much more than it loses from the deployment of DF-21, and this gives it confidence. The PLAN’s new “offshore waters defense and open seas protection” mission is a reflection of this new confidence among the Chinese national and naval leaders over their recent boost in naval strength. This new mission could be regarded as China’s tremendous contribution to world peace if it were irrelevant to the DF-21 and the tension in the South and East China Seas. The intermediate DF-21 is a weapon system of expediency to compensate for China’s lack of command of sea in the case of a cross-Strait war, but it is able to disrupt the status quo of the world if it is used offensively as a shield for its fleets. Admiral/General Liu must have recognized this potential danger, which was in opposition to his dream for a high-seas fleet protecting China’s SLOC. As the founder of China’s modern navy, he knew the PLAN’s inherent deficiencies better than anyone. In striking contrast to the PLAA, which was forged into a formidable fighting machine through numerous victories and defeats, the PLAN was a mosaic of Soviet-trained officers with fragments of the Nationalist navy trained by either the US Navy or the Royal Navy. And it did not experience the forging process that the PLAA did and thus has been plagued with factional struggles and has been vulnerable to the struggle among the PRC leadership. In addition, China’s semi-closed coast places the PLAN in a disadvantageous geographic position if it is involved in a war against the United States. Realizing that its expediency would lead the PLA and China into a cul-de-sac, Liu kept himself out of the MSGNE’s development. If he were alive today, he would be proud of his beloved PLAN while increasingly anxious about its future.

Dr. Sherman Xiaogang Lai is an adjunct assistant professor at the Department of Political Science, Royal Military College of Canada (RMC). Before he immigrated to Canada in 2000, he served as a frontline foot soldier in China’s war against Vietnam, UN military observer and researcher in history and military strategy in the Chinese People’s Liberation Army during 1987-1997. The views expressed in this article are his own.

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