Chinese Lawfare in the South China Sea

A Threat to Global Interdependence and Regional Stability

Journal of Political Risk, Vol. 10, No. 7, July 2022

Map of the South China Sea, with 9-dotted line highlighted in green. Source: CIA.

Priscilla Tacujan, Ph.D.
U.S. Department of Defense

China’s expansionism in the South China Sea (SCS) is underway, despite opposition from small littoral states and regional powers in the area. China is seeking to change the legal order governing maritime conduct by engaging in “lawfare”[1] and infrastructure-building on disputed waters as part of its maritime strategy. Lawfare enables Beijing to undermine established elements of international law and delegitimize neighboring states’ maritime claims. Claimant countries and the U.S. have argued for the importance of a rules-based approach that offers clear and uniform rules for maritime conduct. However, in the absence of enforcement mechanisms, China will likely continue to undermine international law, prevent littoral states from advancing their maritime claims, and threaten regional stability and global interdependence.  Assessing and improving countermeasures currently in place, including enforcement mechanisms, existing maritime coalitions with regional allies and the U.S., and freedom of navigation (FON) operations may deter Chinese aggression and prevent the escalation of maritime conflicts in the SCS.

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Implications of China’s Pacific Dream for the United States, Australia, and Allies

Journal of Political Risk, Vol. 10, No. 6, June 2022

Chinese Foreign Minister, Wang Yi, and Solomons Islands Minister of Foreign Affairs and External Trade, Jeremiah Manele, 2019. Source: cnsphoto

Yan C. Bennett
Princeton University

John Garrick
Charles Darwin University

It is apparent that Xi Jinping’s Chinese Dream now includes the Pacific Ocean where his Foreign Minister Wang Yi has undertaken a Pacific Islands tour of broad scope and ambition. While  China’s economy is stagnating, it nevertheless continues to drive for increasing its world power as Minister Wang aims to finalise the China-Solomons Security agreement and has hosted a Pacific Island Foreign Ministers meeting whilst in Fiji. Wang’s proposals have prompted strong responses from the United States and its allies in the Indo-Pacific, in particular Australia and New Zealand.

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Scientific Publishers Disregard International Law

Journal of Political Risk, Vol. 7, No. 12, December 2019

Republic of China’s 11-dash line, which succeeded the 9-dash line in 1947. Secretariat of Government of Guangdong Province, Republic of China – Made by Territory Department of Ministry of the Interior, printed by Bureau of Surveying of Ministry of Defence. Now in Sun Yat-sen Library of Guangdong Province, People’s Republic of China. Source: Wikimedia

Clive Hamilton
Charles Sturt University

Why are prestigious scientific journals endorsing China’s illegitimate territorial claims?

Times Higher Education reports that journals including Cells, Diversity and Distributions, Molecular Ecology, New Phytologist and Plos One have published maps of China that incorporate the ‘nine-dash line’, hand-drawn on a map in 1947 that marked out China’s claim to virtually all of the South China Sea and the islands and reefs within it.

China’s assertion of jurisdiction within the nine-dash line—including the right to its rich resources and deployment of its navy and maritime militia to force other long-term users out of the sea—has raised military tensions and prompted a series of maritime disputes. Filipino fisherman can no longer trawl around Scarborough Shoal, which is within the Philippines exclusive economic zone. Vietnam has been forced to abandon oil exploration in its zone after pressure from Beijing.

When the Philippines challenged China’s claimed jurisdiction within the nine-dash line, an arbitral tribunal was constituted in The Hague under the United Nations Convention on the Law of the Sea. In July 2016, the tribunal delivered a ‘sweeping rebuke’ of China’s behaviour in the South China Sea. The tribunal ruled that there is ‘no legal basis for China to claim historic rights to resources within the sea areas falling within the “nine-dash line”.’

Yet prestigious scientific journals are disregarding international law and legitimizing China’s claim by publishing maps showing everything within the nine-dash line as belonging to China. This legitimization process is subtle propaganda, part of Beijing’s campaign to slowly and invisibly induce the world to accept its claim.

The maps occur in articles that have no bearing at all on the South China Sea, such as ones covering the distribution of butterflies, trees and grasses in China, and are included solely as political statements.

The insertion of the nine-dash line in an article in Palgrave Communications, owned by Springer Nature, was gratuitous because its subject is the development of agriculture in China since ancient times. As if anticipating objections, the paper carries a ‘publisher’s note’ at the end. It reads: ‘Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.’ Continue reading

Arctic Enterprise: The China Dream Goes North

Journal of Political Risk, Vol. 7, No. 9, September 2019

Arctic Ocean, ship on Barents Sea. Source: Tom Thiel via Wikimedia Commons.

Jonathan Hall
Security and Political Risk Analyst

Until recent years, harsh weather and unmanageable navigation routes have precluded all but the most determined crews from venturing through the Arctic. As climate change continues to take effect, however, warming temperatures are opening up the region to new opportunities. In 2017, for example, merchant ships were able to pass through a shipping lane, known as the Northern Sea Route (NSR), for the first time without icebreaker escort.

The NSR has since been discussed as a logistical windfall that will revolutionize the world of international shipping. The often-cited reasoning is the potential 5,000 mi (8,000 km), or 10-15 days saved in transit, as compared to more traditionally used routes such as the Strait of Malacca, or the Suez Canal. While the NSR is only open three months per year, climatologists predict it will be traversable for 9 months out of the year by 2030, and completely ice free within the next two decades. As these changes are coming into effect, no state seems to understand the geopolitical advantage a strong presence in the Arctic will bring more so than the People’s Republic of China (PRC). Continue reading

What The Philippines Must Do To Defend Itself From China

Journal of Political Risk, Vol. 7, No. 9, September 2019

A U.S. marine watches as Philippine Marines raise their flag over the naval station, 1992. Source: NARA & DVIDS Public Domain Archive.

Sannie Evan Malala
West Visayas State University

The Philippines is strategically located in Southeast Asia, at the fault-line between Communist China and the democratic nations of the Americas and Europe. In the north is East Asia, full of wealthy market democracies in increasing conflict with China. To the southwest are countries seeking to defend their exclusive economic zones from China, including Indonesia, Vietnam, Malaysia, and Brunei. As China’s power grows, the fault-line is widening and trying to straddle the middle will only result in our falling into the chasm. The Philippines must choose a side – subservience to China or joining a coalition of the willing in defense of each country’s independence and democracy from the Chinese hegemon. The Philippines has yet to take advantage of its full potential and has become economically poor and militarily weak, primarily due to corruption, internal armed struggle, and its growing relationship with China. For the Philippines to avoid being a satellite of China, this is what we must do. Continue reading