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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Nixon and Kissinger Talk China: Satire

Journal of Political Risk, Vol. 10, No. 5, May 2022

Former President Nixon and Henry Kissinger engrossed in conversation, 1972. Source: Wikimedia.

Tony Zielinski
Attorney at Law

Editor’s note: This satire is meant for purposes of humor and should not be interpreted as historically accurate. 

Henry Kissinger: Mr. President, I suggest we open up formal relations with Communist China and they will be our allies against the Soviet Union.

President Nixon: Do you feel we can trust their leader, Mao Tse Tung?

Henry Kissinger: Mao Tse Tung is the greatest mass murderer in history. He is responsible for more deaths than Adolf Hitler or Joseph Stalin.  He is a ruthless unscrupulous tyrant. So my answer is a most resounding yes.

President Nixon: Yes…I think I understand and can work with someone like that.

Henry Kissinger: A big challenge will be how we deal with Democratic and free Taiwan. They have been great friends and allies.  Communist China regards them as a renegade state and China will not rest until they conquer Taiwan and take away their freedoms. China will subjugate them to unspeakable brutality because they dared to have freedom of speech, freedom of press, and the right to vote for their elected representatives. Mao will never forgive them.

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Schumer’s No-Good, Weak-Kneed, Sold-Out, Sorry Excuse For a China Bill

Journal of Political Risk, Vol. 9, No. 5, May 2021

U.S. Senate Photographic Studio/Jeff McEvoy, Public domain, via Wikimedia Commons.

Anders Corr, Ph.D.
Publisher of the Journal of Political Risk

There’s a dump truck of a China bill coming your direction from Congress, and it’s chock-full of cotton balls. Not a pretty sight. Conservatives and some tough-on-China Democrats are not happy. 

Senate Majority Leader Chuck Schumer (D-NY), the symphony conductor driving this cacophonous beast towards a vote in the next few days or weeks, is in bed with big money. Since 2015, he garnered over $14 million from large individual contributors and over $4 million from PACs (including other candidate committees) for his campaigns. Lawyers have given over $1 million, and lobbyists over $600,000. 

Universities spend big on lobbyists, and can have cash-cow satellite campuses in China that they seek to protect. U.S. Education lobbying sometimes reaches over $100 million per year in aggregate. As far back as 2020, companies effectively lobbied against new laws to limit forced Uyghur labor from China in the American supply chains of companies like Nike, Coca Cola, Adidas, Calvin Klein, Costco, H&M, Campbell Soup, Patagonia, and Tommy Hilfiger.

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China’s Rise and the Weaponization of Soft and Hard Power: How the U.S., Japan, India and Australia are Responding

Journal of Political Risk, Vol. 8, No. 9, September 2020

Detail from mural of Xi Jinping and Donald Trump in Berlin, Germany in 2020. Source: Yan Bennett.

John Garrick
Charles Darwin University

Yan Bennett
Princeton University

China has now fully weaponized its entire soft power repertoire and dramatically upgraded its military arsenal. The Middle Kingdom is no longer unwilling to openly challenge U.S. global hegemonic supremacy or coerce less powerful nations that do not accede to its will. The shocks caused by the Covid-19 pandemic have unmasked the Chinese Communist Party’s (CCP) ambition to be at the centre of global power, but at the same time, the CCP also faces uncertainty over China’s chances of achieving its 2017 strategic targets set by General Secretary Xi to ‘comprehensively build a moderately prosperous society’ by 2021.

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