How to Block China at the WTO: Use GATT Articles XX-XXI

Journal of Political Risk, Vol. 7, No. 9, September 2018 

By William R. Hawkins

The People’s Liberation Army (PLA) Liaoning aircraft carrier, bottom, sails past a container ship in Hong Kong, China, on Friday, July 7, 2017. Photographer: Justin Chin/Bloomberg via Getty Images.

The Ministry of Commerce of the People’s Republic of China (PRC) has announced it will file a complaint with the World Trade Organization (WTO) against the U.S. imposition of 25% tariffs on $16 billion worth of Chinese goods in August. This was the second tranche of tariffs imposed by President Donald Trump as the result of the U.S. Trade Representative’s (USTR) “findings of its exhaustive Section 301 investigation that found China’s acts, policies and practices related to technology transfer, intellectual property and innovation are unreasonable and discriminatory and burden U.S. commerce.” This second tranche brought the total of Chinese imports subject to higher duties to $50 billion, as announced in June. Beijing’s response was given by the state-owned People’s Daily: “By launching the complaint under the WTO dispute settlement mechanism, China is to safeguard free trade and multilateral mechanisms as well as its legitimate rights and interests.”

The USTR report on China’s use of government regulations to force joint ventures (which give majority control to Chinese “partners” of American firms); mandate technology transfers, facilitate “the systematic investment in, and acquisition of, U.S. companies and assets to generate large-scale technology transfer…[and] support cyber intrusions into U.S. commercial computer networks” is not a description of free trade.

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China’s Military Visits Endanger Philippine Sovereignty and Democratic Alliances

Journal of Political Risk, Vol. 7, No. 7, July 2018 

By Anders Corr, Ph.D.

JIANGANAN SHIPYARD, SHANGHAI, CHINA-JANUARY 4, 2012: This December 25, 2012, image shows a probable PLAN Type 052D (DDGHM) destroyer tied up alongside the Yuan Wang 5 (YW-5) space tracking ship, which is docked in the shipyard’s construction basin. The YW-5 is similar to the YW-3 in size and function, including military applications. DigitalGlobe via Getty Images

On the night of July 16, four days after the second anniversary of the July 12 Permanent Court of Arbitration win by the Philippines against China in the Hague, a Chinese missile tracking ship with 远望 Yuan Wang 3 (YW-3) emblazoned on the side, eased up to Sasa Wharf in Davao, Philippines. Davao is the home turf of President Rodrigo Duterte, now in Malacañang Palace, and the ship was likely visiting at his personal invitation. The Chinese characters for Yuan Wang (远望) mean “gazing into the distance”, and are sometimes translated as “long view”.

Last month, two People’s Liberation Army Air Force (PLAAF) Ilyushin-76 (IL-76) military cargo planes visited Davao. They were called a “personal favor” by President Duterte to China, and surprised the Philippine military. The visits were not covered by treaty.

Only the U.S. and Australia have visiting forces agreements that allow, and legally constrain, U.S. and Australian military presence. China has no such public constraints, and for that reason as well as others detailed below, poses a risk to Philippine sovereignty. Last year, Davao also hosted a People’s Liberation Army Navy (PLAN) guided missile destroyer, guided missile frigate, and replenishment ship.

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China’s Targeting of Overseas Chinese for Intelligence, Influence and Drug Trafficking

Journal of Political Risk, Vol. 7, No. 7, July 2018 

By Anders Corr, Ph.D.

Davao City Vice Mayor Paolo Duterte (L), son of Philippine President Rodrigo Duterte, and the president’s son-in-law, Manases Carpio (R), take an oath as they attend a senate hearing in Manila on September 7, 2017.
Paolo Duterte and the president’s son-in-law, Manases Carpio, appeared before the inquiry to deny as “baseless” and “hearsay” allegations linking them to large-scale illegal drugs smuggling. NOEL CELIS/AFP/Getty Images

On June 12, Philippine protesters staged coordinated protests against China in Los Angeles, San Francisco, and Vancouver. Protest organizer Ago Pedalizo said, “Duterte’s government pursues the ‘sell, sell, sell’ approach to sovereignty as a trade-off to all kickbacks he’ll get from the ‘build, build, build’ economic push of China.” His protest group, Filipino American Human Rights Advocates (FAHRA), charged that “Duterte is beholden to the $15-billion loan with monstrous interest rate and China’s investments in Boracay and Marawi, at the expense of Philippine sovereignty. This is not to mention that China remains to be the premier supplier of illegal drugs to the country through traders that include the son, Paolo Duterte, with his P6 billion shabu [methamphetamine] shipment to Davao.” 

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Alleged Corruption in Mongolia’s Resource Extraction Sector

Journal of Political Risk, Vol. 7, No. 7, July 2018 

By Enkhzul Tsatsral

Dump trucks operate in an open pit at the Oyu Tolgoi copper-gold mine, jointly owned by Rio Tinto Group’s Turquoise Hill Resources Ltd. unit and state-owned Erdenes Oyu Tolgoi LLC, in Khanbogd, the South Gobi desert, Mongolia, on Saturday, July 23, 2016. Mongolia exported 817,000 tons of copper concentrate in the first half of the year compared with 663,800 tons a year earlier, an increase of 23.1 percent. Photographer: Taylor Weidman/Bloomberg

The year is 2008 and Ulaanbaatar, the capital city of Mongolia, still resembles a gritty Soviet satellite state with its deteriorating apartment blocks and a statue of Lenin standing bold. Fast-forward a mere four years later and the apartment blocks have deteriorated further while a dazzling 25-story hotel overlooks the shadow of the recently removed statue. Today, with a plethora of Western companies ranging from luxury brands such as Rolex to the familiar Pizza Hut sprouting all over the city, you will be forgiven for mistaking Ulaanbaatar as one of the Four Asian Tigers. Unlike the Four Asian Tigers, which flourished predominately through industrialisation, however, Mongolia’s rapid ‘development’ is mainly attributed to the country’s colossal mineral wealth.

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Tackling the South China Sea Together: British and French Navies Chart a Course

Journal of Political Risk, Vol. 7, No. 6, June 2018 

By Peter M. Solomon

At a September 2015, joint press conference at the White House, China’s President Xi Jinping stood beside U.S. President Barack Obama and said, “China does not intend to pursue militarization” with respect to “construction activities that China are undertaking” on the Spratly Islands in the South China Sea.[1] Since then, China has established several offensive capabilities in the region, including surface-to-air and anti-ship missile systems on three features in the Spratly Islands and the ability to deploy strategic bombers from the Paracel Islands.[2]  In comparison to the United States, which has been a consistent critic of China’s reclamation and militarization and has embarked on numerous freedom of maritime navigation exercises in the region, the European Union (EU) has historically been reserved in its comments regarding China’s activities in the South China Sea. Instead, the EU has limited itself to general comments about the importance of maintaining freedom of the seas and resolving disputes peacefully. While these statements are not without importance, the lack of a more critical, unified EU approach to China’s destabilizing activities has left missing a crucial voice. The tides could soon turn.

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Trade Strategy is a Proper Part of National Security

Journal of Political Risk, Vol. 7, No. 6, June 2018 

By William R. Hawkins

Chinese-chartered merchant ship Cosco Shipping Panama crosses the new Cocoli Locks during the inauguration of the Panama Canal expansion in Panama City on June 26, 2016. A giant Chinese-chartered freighter nudged its way into the expanded Panama Canal on Sunday to mark the completion of nearly a decade of work forecast to boost global trade. Photo: JOHAN ORDONEZ/AFP/Getty Images.

On June 4, the Koch brothers (Charles and David) announced the launch of a “multi-year, multimillion-dollar” campaign against the tariffs and trade restrictions imposed by the Trump administration; especially those levied on China. The billionaire brothers are regularly called “conservatives” because they make large campaign donations to Republican candidates. But they are not conservatives; they are libertarians, a very different breed of cat. And their donations to the GOP are meant to sway the party in their ideological direction, not merely support it. The liberal media tries to tarnish conservatism by placing libertarians on “the Right” even though this is not their intellectual origin. This is done to further the left-wing narrative that “conservatives” are self-interested, greedy individuals who are enemies of organized society and the common good. This is true for libertarians, who doubt the very legitimacy of the nation-state or the “higher” norms of society. Too often they define right and wrong on the basis of whether it turns a profit.

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Hearts and Minds in Afghanistan

Journal of Political Risk, Vol. 6, No. 5, May 2018

By Heath B. Hansen

I opened my eyes. It was still dark, but I could see the night was ending and another day in some village in Afghanistan was beginning. The smell of dip-spit and cigarette smoke betrayed the fact that the platoon was awake and breaking down the patrol base. “Get the f*** up, Hansen,” was the greeting from my team leader. “Get your s*** on the humvee, we’re leaving in a few mikes.” “Roger, Sergeant,” I replied. It was May 31 2005, and time to win over more hearts and minds in the War on Terror.

A cropped photo of Jason Pegg’s bloodied arm following his and the author’s hearts and minds campaign in an Afghan village on May 31, 2005. Source: Facebook.

We listened to the convoy brief. The platoon would be heading to another village, in the middle of nowhere, to help villagers that probably had no idea why Americans were in their country and couldn’t care less about ‘democracy.’ The typical information was passed down about the scope and purpose of the mission followed by the monotone, repetitive, “Keep your heads on a swivel” and, “Make sure we have full, three-sixty security at all times. Remember your battle drills.”

The platoon set out. One by one, the humvees departed the patrol base and entered the dirt road into the village; the mission had officially begun. As we embarked, I noticed not a single villager was outside their mud-hut. Not a single person was in the fields. Not a single child was running alongside our vehicles, screaming, “You give me chocolate,” or “Amereekan, give me one dollar!” Of the dozens and dozens of villagers we had treated the day before during our MEDCAP [Medical Civic Action Program] operation, not a single one was outside to bid us farewell.

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The Price Of Paramount Power: Xi Jinping’s Ascension Could Make China A Much Riskier Place To Do Business

Journal of Political Risk, Vol. 6, No. 3, March 2018

By Richard Hornik

One of the peculiar pathologies of western businessmen active in China is an almost religious reverence for its lack of due process, enthralled by the combination of free(ish) markets and political stability proffered by China’s Market-Leninism (a term coined by Nicholas Kristoff). What they miss, however, is the price that must be paid for such short-term control, and during the course of Chinese history that price has proven to be very high.

The latest convert to this envy for authoritarian efficiency is Tesla’s Elon Musk who has spoken and written extensively about China’s ability to conceive, approve and build enormous infrastructure projects in a matter of a few years – or less[1].  No zoning rules, environmental regulations, cost-benefit analyses — much less property rights — can stand in the way of the gleaming high-speed rail lines, shiny new airports, massive harbors and 12-lane highways and bridges that have covered the Middle Kingdom in the past two decades. Likewise with housing developments and mega industrial installations like petrochemical plants, steel mills and refineries.

The fact that many of these projects made little or no economic sense and often created enormous capital, environmental and human costs for decades to come does little to take the shine off the power to command society and the economy to do the bidding of a brilliant meritocracy. Japan went on a similar splurge in the last three decades of the 20th century, also directed by brilliant technocrats, ending in two decades of economic stagnation, but at least Japan had its flawed democracy to serve as a break and a safety valve, something missing from authoritarian regimes.

A vendor (R) takes a nap next to posters showing the late Chinese chairman Mao Zedong (C) and Chinese President Xi Jinping (L) at a market in Beijing on May 15, 2016. Fifty years after the Cultural Revolution spread bloodshed and turmoil across China, the Communist-ruled country is driving firmly down the capitalist road, but Mao Zedong’s legacy remains — like the embalmed leader himself — far from buried. Credit: AFP / NICOLAS ASFOURI / Getty Images

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After China’s Naval Modernization, It Seeks to Rewrite International Law and Exclude the U.S. from the South China Sea

Journal of Political Risk, Vol. 6, No. 2, February 2018

By James E. Fanell (Capt., USN, Ret.)

The People’s Republic of China (PRC) Ministry of Defense representative reportedly stated at this week’s Munich Security Conference that the PRC now interprets the United Nations Convention on the Law of the Sea (UNCLOS) as stating that naval forces are forbidden to operate in a coastal state’s Exclusive Economic Zone (EEZ) without said state’s prior permission.

This raises the question of why Beijing has now come to this “enlightened” position? Where was the PRC since 1949 as US Navy warships peacefully sailed the waters of the South China Sea over the past 70 years? Or where was the PRC from 1972 to 1982 as China participated in the American-led effort to craft and ratify UNCLOS? More importantly, why did Beijing not complain of US Navy operations in the South China Sea in 1996 when the PRC ratified UNCLOS?

Why is the PRC now making this an issue? I think the answer is very easy to understand. After nearly 20 years of the most robust naval modernization since WW II, the PRC now believes they have a big enough and capable enough Navy and Maritime Law Enforcement force to back up their sovereignty claims to the entirety of the South China Sea.

People’s Liberation Army Navy (PLAN) frigate formation sail during a live-fire drill on August 7, 2017. The live-fire drill took place in the Yellow Sea (aka Huangai Sea) and Bohai Sea. Credit: Pu Haiyang/VCG via Getty Images.

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We Need a New Approach to China Even if We don’t Care About Human Rights and Free Trade

Journal of Political Risk, Vol. 6, No. 2, February 2018

By Ho-fung Hung, Ph.D.

Obama era officials Kurt M. Campbell and Ely Ratner recently published “The China Reckoning: How Beijing Defied American Expectations” in Foreign Affairs, arguing US’ assumption underlying its China Policy over the past several decades has been wrong. They admit that China has not changed in the direction most China hands in the US had expected. Rather than becoming more liberal and democratic, it became more authoritarian; rather than more opening to trade, it became more protectionist. They call for a reorientation of Washington’s approach to China. This article has triggered some internal debate and soul searching in the China watchers’ community.

It is understandable that many who expect China to embrace liberal democracy and more economic openness have been disappointed. What is missing in the discussion is that even many realists and corporations who do not care too much about the ideals and principles of economic and political liberalism are frustrated with China too. Over the last few years, another China reckoning is that China is unable, or never intended, to deliver and keep its promises even on many economic and geopolitical issues that are unrelated to the sensitive areas of political reform and change.

Graffiti depicting a portrait of former Chinese leader Mao Zedong with Chinese yuan signs in his eyes, on a wall in Shanghai on March 1, 2017. Source: JOHANNES EISELE/AFP/Getty Images.

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