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Vietnam and China are frequently referred to as 'authoritarian regimes,' but in history, political practice, and social governance these two countries are starkly different. This is particularly true of how each government responds to social pressure and civil unrest. Nhu Truong, one of APARC's 2020-21 Shorenstein Postdoctoral Fellows, is researching the root causes of these differences, what they reveal about the specific contexts of each nation's political trajectory, and how they can inform academic discussions of authoritarianism.

Nhu Truong’s dissertation explains how and why the two most similar communist, authoritarian regimes of China and Vietnam differ in their responsiveness to mounting unrest caused by government land seizures. Despite their many similarities, Vietnam has exhibited greater institutionalized responsiveness, whereas China has been relatively more reactive. While at APARC, Nhu has been refining 16 months of fieldwork into a book manuscript. Following her tenure as a Shorenstein Fellow at APARC, she will join the Council for Southeast Asian Studies and the Council for East Asian Studies at Yale University as a postdoctoral associate and has accepted a position as an assistant professor at Denison University starting in 2022.

Nhu sat down to talk more about her research and how the ongoing pandemic has heightened the need to better understand the ways in which different governments implement policy and address social issues. She also shares how she's stayed grounded and positive during an unusual year of change and being a long-distance fellow.

1. Can you give us an overview of your research and the topics you’re investigating?

My research addresses the following question: Why are some authoritarian regimes more responsive to social unrest than others? While it might seem counterintuitive to think of authoritarian regimes in this light, repression and responsiveness often occur in tandem under authoritarian rule. Centered on a comparison between Vietnam and China, I document the steps that each has taken to address social discontent fueled by pervasive government seizures of rural land. In response to societal input between 2003 and 2017, Vietnam enacted comprehensive and programmatic reforms to reduce the permissible scope for government land expropriation whereas those enacted by China were relatively marginal and piecemeal. At the subnational level, this difference has had important implications for land rights and the security of villagers in both countries. In summary, despite their many similarities, the manner and degree of their responsiveness have varied. My research then traces the historical origins that undergird the political development and institutional character of Vietnam and China’s divergent responsiveness to social unrest. 

2. How did you first become interested in these topics?

My interest in the repressive-responsive character of authoritarian regimes stems from my preoccupation with questions of political legitimacy, societal resistance, and institutional dynamics in authoritarian contexts. One particular experience that stoked my interest was my visit to Wukan, Guangdong in 2016. Wukan was once hailed as an emblematic case of grassroots democracy and accommodation by the Chinese state, when villagers’ outcries against the local government’s seizure of their land resulted in the re-election of the village committee in 2012. Yet, when I visited in 2016, villagers expressed that nothing had changed, and that “everything that could be done has already been done.” This experience led me to question what responsiveness means in authoritarian contexts.

3. During the last year, the world has changed significantly because of the pandemic and fluctuating politics in many nations. Have these changing global situations given you any new insights into your research?

The pandemic has underscored the need for a nuanced and contextual understanding of democracies and non-democracies. For instance, the variation in state responses to COVID-19 suggests that there is no clear correlation between responsiveness or the effectiveness of government responses to COVID-19 and regime types. Consider Vietnam’s proactive approach and success at containing the pandemic as opposed to the US. Other recent developments such as the crackdowns on pro-democracy protests in Thailand and mass protests against the recent military coup in Myanmar showcase how quickly state responsiveness to social demands can erode, even in multi-party states.

4. What has your experience as one of our Shorenstein Fellows been like during this unusual period of time when we haven’t physically been together at APARC?

My fellowship has been remote, and I have therefore needed to be much more proactive to stay as engaged as possible. I have consulted with my mentor often over Zoom, and reached out to other scholars for their feedback and advice on my research. I have also especially appreciated the chance to participate in the China Social Science Workshop, where I've shared my work and learned from other presenters. Other postdoctoral fellows at APARC and I have also gotten together virtually to exchange stories and to share our experiences from this unusual year.  

5. What are some of the things you've done during this past year to give yourself a break from work and have some fun?

Due to the pandemic, I have been living back home to Austin, Texas, since March of last year. The last time that I was home for this long must have been after I graduated from college. So, for the first time in a long time, I've planted tomatoes, eggplants, and sunflowers in our garden, and I've really enjoyed watching them bloom and ripen. With everything growing, it feels like I've spent most of my break in our backyard defending our flowers, fruits, and vegetables from squirrels and bunnies! But luckily I also have our two dogs, Wishie and Sushi, to help me!

6. As the state of the pandemic changes and things in academia and our communities, what are some things you are looking forward to both professionally and personally?

I'm certainly looking forward to having conferences in person again! I'm also still not sure when it will be possible and safe for me to visit Asia again, especially Vietnam and China, but I have missed these places. I'm also learning Khmer this summer, and I'm excited to eventually visit Cambodia to pursue my research there.

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[Left] Postdoc Spotlight, Jeffrey Weng, Shorenstein Postdoctoral Fellow in Contemporary Asia, [Right] Jeffrey Weng
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Postdoc Spotlight on Nhu Truong, 2020-21 Shorenstein Fellow
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2020-21 Shorenstein Postdoctoral Fellow Nhu Truong, who studies how authoritarian regimes like China and Vietnam respond to social pressure, explains why understanding differences in governance is crucial in an era of fluctuating politics and pandemic.

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What are China's intentions in the South China Sea? In The 2020-21 Wilson China Fellowship: Essays on the Rise of China and Its Implications, Oriana Skylar Mastro uses a two-part analytical framework to outline why she believes China is trying to establish de facto control over the South China Sea. This means sovereignty over the disputed islands and the ability to dictate the rules of behavior in the surrounding waters. These intentions are detrimental to U.S. and allied interests. Mastro goes on to provide a list of recommended measures the United States can take to prevent Beijing from incrementally advancing its control over the South China Sea including:

  • The United States should expand and increase the tempo of its military operations in the SCS to show that China has not dissuaded the United States by increasing the risk to U.S. forces.
     
  • In the military realm, the United States should prioritize coalition building to ensure a free and open South China Sea.
     
  • The United States should specify that its U.S. alliance commitments extend to protection of countries’ rights within their EEZs.
     
  • To further increase costs to China, the United States could warn Beijing that it may reconsider its neutral position on the sovereignty of the South China Sea disputed islands to support claimants with less expansive and restrictive EEZ claims unless China moderates its EEZ claims and agrees to international law positions on maritime rights.
     
  • The United States should respond immediately to each aggressive act China takes in these waters, regardless of its target. Moreover, the United States should be sure to respond even when a treaty ally is not involved—this would stress that the United States is serious about protecting international norms, regardless of who the transgressors are and what the violation is.
     
  • When China commits an act of aggression or coercion, the Chinese assets or organizations involved should not determine the U.S. response. Instead, the United States should feel free to respond to paramilitary actors as it would to military actors.
     
  • To reconstitute its deterrent, the United States should seek military access to new partner facilities in the SCS. The United States should also improve the quality of other claimants’ maritime reconnaissance and surveillance capabilities and build their defensive capabilities.
     
  • Lastly, the United States should spearhead and prioritize a diplomatic solution to the South China Sea disputes, with or without China. Countries in the region disagree with China’s interpretation of international law. If the rest of the claimants agree about the islands’ sovereignty and the rights granted by those islands and ask the international community to help enforce the agreement, China will have difficulty pushing its claims and pressuring states unilaterally to concede to its demands. If Beijing refuses to follow these rules, Washington should form a coalition to restrict China’s access to technology and related information. Washington should even threaten to expel Beijing from the relevant international regimes.
Read Oriana's essay, "Chinese Intentions on the South China Sea"
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Oriana Skylar Mastro

Oriana Skylar Mastro

Oriana Skylar Mastro is a Center Fellow at the Freeman Spogli Institute for International Studies where she works with APARC and the Center for International Security and Cooperation (CISAC) researching Chinese military and security policy.
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The China Program at Shorenstein APARC had the pleasure of hosting Ryan Hass, Michael H. Armacost Chair in Foreign Policy Studies at the Brookings Institution for the program "Partner, Competitor, and Challenger: Thoughts on the Future of America’s China Strategy." Hass explored cooperation and competition between the United States and China before engaging in a lively Q&A session with the audience. Professor Jean Oi, William Haas Professor of Chinese Politics and director of the APARC China Program, moderated the event.

Presently, China is at once a major and increasingly hostile competitor to the U.S., a formidable challenger to U.S. regional and global leadership, and an important partner on a range of transnational challenges. An important and pressing question for many is whether or not it will be possible for both sides to coexist amidst intensifying competition. In his talk, Ryan Hass explored this question by delving into the present and future of US-China relations, as well as the discourse that shapes and is shaped by that relationship. He also discussed the likelihood of conflict between the two countries, particularly surrounding Taiwan, suggesting that it might not be as likely as many of us fear. Listen now: 

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Ryan Hass, Michael H. Armacost Chair in Foreign Policy Studies at the Brookings Institution, discusses the future of US-China relations. Can we find room for cooperation in this contentious relationship?

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Can China’s aggression towards Taiwan be stopped? Oriana Skylar Mastro joins the Munk Debate podcast to argue affirmatively that Chinese military capability has advanced too far for the United States to credibly deter the PRC through military means alone. Michael Beckley, an associate professor of political science at Tufts University and visiting scholar at the American Enterprise Institute, offers the rebuttal. The full debate is available below.

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Many of China’s military development goals were set with a target date of 2020, which means the PRC is currently in a strong place with its offensive and defensive capabilities. By Mastro’s measure, China now has the most advanced ballistic missile program in the world, including the United States. For Taiwan, this means the reality of an aggressive neighbor who possesses offensive weapons that are very difficult to defend against.

China also has geographic benefits when it comes to offensive maneuvering. If a hot conflict began, neither Taiwan nor the United States has a comparable network of sole-sovereign military bases in the area such as China’s. Not only does this mean China can utilize its air defense capabilities — again, now one of the strongest in the world, by Mastro’s account — but it can also support a robust blockade against Taiwan across the strait and devastate the island both militarily and economically.

As Mastro points out, “Taiwan’s economy completely depends on China, so if China decided to use economic coercion, which is defined as a type of aggression, the United States has absolutely no way of protecting Taiwan from any economic harm coming from the PRC.”

Because of this potential for combined military and economic aggression, Mastro pushed for urgency on deterrence in Taiwan. “The United States and international community do not have forever. The Chinese are not happy with maintaining the status quo, and they will soon believe they have the military capability to [take Taiwan].”

Rather than continuing to act alone, Mastro hopes the United States will lead out in organizing an international coalition that includes other regional partners such as Australia, Japan, and India as actively contributing participants. With the United States no longer seen as a monolith in Beijing, only broad, coordinated cooperation will provide effective deterrence and security for Taiwan.

On another podcast, Conversation Six, Mastro joins Abraham Denmark to discuss China's Taiwan strategy and what the United States can do to deter China from invading Taiwan. The threat of non-military intervention by the United States and its allies is the way forward, she says. "The US needs to do more in non-military realms," she argues.

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China may now be able to prevail in cross-strait contingencies even if the United States intervenes in Taiwan’s defense, Chinese security expert Oriana Skylar Mastro tells the U.S.-China Economic and Security Review Commission. Changes must be made to U.S. military capabilities, not U.S. policy, she argues.
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The United States can no longer rely solely on its own military capability or influence to deter Chinese aggression against Taiwan, argues Oriana Skylar Mastro on a new episode of the Munk Debates podcast. Credible pushback can now only be achieved through international coalitions.

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The China Program at Shorenstein APARC had the privilege of hosting Jude Blanchette, the Freeman Chair in China Studies at the Center for Strategic and International Studies (CSIS). The program, entitled "What’s ‘Communist’ about the Communist Party of China?," explored the goals and ideology of the Chinese Communist Party (CCP), as well as what they might mean for the future of China in the global community. Professor Jean Oi, William Haas Professor of Chinese Politics and director of the APARC China Program, moderated the event.

After the death of Mao Zedong in 1976, the goals of the CCP became less clear. As the country began to adopt market reforms in the 1980s and 1990s, CCP theorists were forced into contortions providing ideological justifications for policies that appeared overtly capitalist. Deng Xiaoping’s concept of “Socialism with Chinese characteristics” came to be seen as a theoretical fig leaf rather than a description of an egalitarian economic system, and by the 2000s, a consensus emerged that the CCP had completely abandoned any pretense of pursuing the Marxist vision it purported to hold. With the rise of Xi Jinping, however, the Party talks with renewed vigor about Marxism-Leninism and the goal of achieving actual, existing socialism. Has the CCP re-discovered communism?  In his talk, Blanchette discussed the abandoned and existing legacies of Mao Zedong, Marxism-Leninism, and the CCP’s vision of socialism. Watch now: 

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On February 24, 2021, the China Program at Shorenstein APARC hosted Dr. Thomas Wright, director of the Center on the United States and Europe and a senior fellow in the Project on International Order and Strategy at the Brookings Institution. Professor Jean Oi, William Haas Professor of Chinese Politics and director of the APARC China Program, moderated the event.

The program, entitled "U.S.-China Relations in the Biden Era," explored the future of US-China relations based on experience from past administrations. Under former President Trump, U.S. relations with China evolved into outright rivalry. In his talk, Dr. Wright discussed whether this rivalry will continue and evolve during a Biden administration by analyzing the roots of strategic competition between the two countries and various strands of thinking within the Biden team. According to Wright, the most likely outcome is that the competition between the two countries will evolve into a clash of governance systems and the emergence of two interdependent blocs where ideological differences become a significant driver of geopolitics. Cooperation is possible but it will be significantly shaped by conditions of rivalry. Watch now:

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Dr. Thomas Wright examines the recent history of US-China relations and what that might mean for the new administration.

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How can the U.S. best manage its relationship with China? The country is at once a major and increasingly hostile competitor to the U.S., a formidable challenger to U.S.’ regional and global leadership, and an important partner on a range of transnational challenges. Will it be possible for both sides to coexist amidst intensifying competition? How great is the risk of US-China conflict, including over Taiwan? Ryan Hass, author of Stronger: Adapting America’s China Strategy in an Age of Competitive Interdependence, will address these questions and more in opening comments before engaging in an open Q&A on the future of the world’s most consequential bilateral relationship.


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Ryan Hass is a senior fellow and the Michael H. Armacost Chair in the Foreign Policy program at Brookings, where he holds a joint appointment to the John L. Thornton China Center and the Center for East Asia Policy Studies. He is also the Interim Chen-Fu and Cecilia Yen Koo Chair in Taiwan Studies. Hass focuses his research and analysis on enhancing policy development on the pressing political, economic, and security challenges facing the United States in East Asia. He is the author of Stronger: Adapting America’s China Strategy in an Age of Competitive Interdependence, published by Yale University Press.

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"Stronger" Book Cover
From 2013 to 2017, Hass served as the director for China, Taiwan and Mongolia at the National Security Council (NSC) staff. In that role, he advised President Obama and senior White House officials on all aspects of U.S. policy toward China, Taiwan, and Mongolia, and coordinated the implementation of U.S. policy toward this region among U.S. government departments and agencies. He joined President Obama’s state visit delegations in Beijing and Washington respectively in 2014 and 2015, and the president’s delegation to Hangzhou, China, for the G-20 in 2016, and to Lima, Peru, for the Asia-Pacific Economic Cooperation (APEC) Leaders Meetings in 2016. Prior to joining NSC, Hass served as a Foreign Service Officer in U.S. Embassy Beijing, where he earned the State Department Director General’s award for impact and originality in reporting. Hass also served in Embassy Seoul and Embassy Ulaanbaatar, and domestically in the State Department Offices of Taiwan Coordination and Korean Affairs. 

 


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This event is part of the 2021 Winter/Spring Colloquia series, Biden’s America, Xi’s China: What’s Now & What’s Next?, sponsored by APARC's China Program.

 

Via Zoom Webinar. Register at: https://bit.ly/3c3v10W

Ryan Hass Senior Fellow, Michael H. Armacost Chair in Foreign Policy Studies, Brookings Institution
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There are strong indications that the Biden administration intends to continue strengthening U.S.-Taiwan ties. The Biden team invited Taiwan's representative Bi-khim Hsiao to the presidential inauguration, supporters of Taiwan now hold senior roles in the administration, and officials have pledged "rock-solid" U.S. commitment to Taiwan, warning that PRC military pressure against Taiwan threatens regional peace and stability. But Cross-strait deterrence is arguably weaker today than at any point since the Korean War, according to Chinese military and security expert Oriana Skylar Mastro, FSI Center Fellow at APARC.

On February 18, 2021, Mastro testified to the U.S.-China Economic and Security Review Commission at a hearing on Deterring PRC Aggression Toward Taiwan. Her testimony on the political and strategic dynamics underpinning deterrence across the Taiwan Strait is available to watch below.

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Beijing has turned to increasingly hostile and combative rhetoric and actions since the democratic election of Taiwan’s president, Tsai Ing-wen. PLA air and water operations around Taiwan, particularly in the Taiwan Strait, have increased significantly in the past year, and concern is growing that the Chinese Communist Party is imminently planning to use force to compel Taiwan to accept unification with mainland China.

Drawing on her expertise in both policy and military security, Mastro explains why deterrence in Taiwan must be based on military capabilities rather than signaling through policy.

Catalysts to Conflict

Foremost, Mastro argues that the basic circumstances of aggression towards Taiwan have changed. In years past, it was accepted that China would launch military operations against Taiwan in response to actions or policy positions taken there or in the United States. However, Mastro believes that China is now primed to force a campaign of reunification regardless of either Taiwan’s or the U.S.’s policies moving forward.

By Mastro’s assessment, China is now in a position where it could prevail in cross-strait military contingencies even if the U.S. intervenes in Taiwan’s defense. The reform overhaul and modernization of China’s military have vastly improved the quality it equipment and confidence in its capability. China now possesses offensive weaponry, including ballistic and cruise missiles, which if deployed, could destroy U.S. bases in the Western Pacific. Sophisticated cyber attacks on domestic infrastructure both in Taiwan and the United States are also a credible threat and viable form of retaliation.

As long as President Xi is confident that the PLA can successfully back a forced unification in Taiwan, Mastro argues that action of some kind against Taiwan is not a matter of if, but of when, and what severity.

Types of Escalation

Failure to reunify Taiwan is too high a political and military cost for the PRC to risk, but there is also growing agitation amongst the mainland Chinese population for a resolution on the half-baked status of the island and its governance. Mastro believes that this pressure will ensure that action will be taken on Taiwan in the next 3 to 5 years.

Since Taiwan cannot withstand a sustained, active assault from China on its own, the deciding factor in when and how China moves against Taiwan is largely dependent on the signals the U.S. sends. And since China is increasingly confident in its own military, the signals the U.S. sends must likewise be ground in military capability, not policy, says Mastro.  

As long as the U.S. does not make significant changes to improve its force posture in the region, China can afford to wait. Until Beijing is ready to take Taiwan by force, its leadership will carefully calibrate responses to U.S. or Taiwan actions so as not to escalate to war.
Oriana Skylar Mastro
FSI Center Fellow

If China believes there will be little or no intervention or support from the U.S., it is likely to follow a graduated plan of attack, using economic blockages and targeted military action to bring about capitulation. If, however, it appears the U.S. will intervene, China is much more likely to move quickly and escalate violence and force rapidly to maximize damage before a full U.S. defense response can be coordinated.

Policy Recommendations

To effectively counter China on Taiwan, Mastro recommends crafting policy that creates doubt over China’s ability to successfully absorb Taiwan through military means. To do this, the United States needs to focus forces and develop operational plans that credibly off-set China’s goals while not triggering a panicked response from Beijing that could escalate into rapid conflict.

Mastro also urges the allocation of more resources toward intelligence, surveillance, and reconnaissance (ISR), base development, and firepower in the Asia-Pacific region. Investing in these signals U.S. commitment to determent and the capacity to follow through if need be.

Finally, Mastro urges additional research into U.S. war termination behavior. Any involvement in Taiwan must be as limited and without the possibility for escalating levels of violence and long term unsustainable, unwinnable commitments. In preparing to potentially fight a war, she reminds policymakers that they need to know how to end one as well.

A recording of the full hearing is available courtesy of the U.S.-China Economic and Security Review Commission.

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Oriana Skylar Mastro testifies to the U.S.-China Economic and Security Review Commission on Taiwan deterrence.
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China may now be able to prevail in cross-strait contingencies even if the United States intervenes in Taiwan’s defense, Chinese security expert Oriana Skylar Mastro tells the U.S.-China Economic and Security Review Commission. Changes must be made to U.S. military capabilities, not U.S. policy, she argues.

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This article by Oriana Skylar Mastro was originally published by the Lowy Institute.

Chinese exercises in the South China Sea last month, and the strong US response, show these disputed waters will not soon be calm. While the focus has largely been on military maneuvers, competition in legal positions has also been heating up. Last year, both the United States and Australia risked China’s wrath by officially stating that China’s claims in the South China Sea are unlawful. Other claimants were pleased by this change of policy, but none voiced it prominently.

The issue, however, is not that China flagrantly violates international law – it is that it does so while simultaneously creating a veneer of legal legitimacy for its position.

The conventional wisdom is that China claims sovereignty over “virtually all South China Sea islands and their adjacent waters.” Its claims are “sweeping” and more expansive than those of any other rival claimant. In 2009, Dai Bingguo, then a top Chinese official, first referred to the South China Sea as a “core interest”, a term often used for Taiwan, Xinjiang, and Tibet. While China has not been specific about the extent of its claims, it uses a “nine-dash line” which “swoops down past Vietnam and the Philippines, and towards Indonesia, encompassing virtually all of the South China Sea”, to delineate its claims.

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On the surface, it appears that Chinese leaders are relying on a historical argument to buttress their claims – China traces its interaction with the South China Sea back to the Western Han Dynasty. Thus, Beijing’s narrative about its claims begins as early as the 2nd century BCE, when Chinese people sailed in the South China Sea and discovered some of the region’s land features.

Scholars have meticulously cataloged the dubious nature of this history. And besides, the UN Convention for the Law of the Sea (UNCLOS) does not grant signatories the right make claims based on historical legacy, and the concept of “historic claims” lacks a clear basis in international law.

But this is not actually how China lays claim to 90% of the South China Sea. China’s abuse and misapplication of international law is a bit more complex. There are four levels that build on one another.

First, China claims it has the same rights as archipelagic states, those countries mainly made up of islands. One of the benefits of archipelagic status is that the waters between islands are considered internal waters, like rivers inside a country. Other countries have no right to transit these waters without permission. This archipelagic status is conferred through the UN, and only 22 nations claim it.

Spoiler alert: China is not one of them.

China is undeniably a continental country, but nevertheless, it drew straight baselines around the Paracel Islands and claimed the waters between the islands to be internal waters. Beijing has not done this explicitly for the Spratly islands area, but its reaction to the activities of other countries suggests that is its interpretation. My discussions with Chinese strategists reveal that China will likely explicitly draw baselines to claim internal waters between the Spratly Islands once it has the military capabilities in place to enforce it. (This is not an easy task, as the Spratlys’ sea zone is 12 times that of the Paracels, covering 160,000 to 180,000 square kilometers of water.)

While international law may support the position of the US and Australia on legal behavior within the EEZs, countries need to work harder to solidify this norm more broadly.
Oriana Skylar Mastro
FSI Center Fellow

China then claims a 12 nautical mile (nm) territorial sea from the Paracel baseline, not from the individual islands, and in the Spratlys from many features that under international law are not awarded this right, such as artificial islands. Moreover, China’s interpretation of the territorial sea is that the state has the exclusive right to make, apply and execute its own laws in that space without foreign interference. But according to UNCLOS, all ships, civilian or military, enjoy the right of innocent passage through other states’ territorial seas. Moreover, the contiguous zone is considered part of international waters, and states do not have the right to limit navigation or exercise any control for security purposes.

Lastly, China claims 200 nm from the end of the territorial sea as its exclusive economic zone (EEZ), where it claims to have the right to regulate military activity. The US insists that freedom of navigation of military vessels is a universally established and accepted practice enshrined in international law – in other words, states do not have the right to limit navigation or exercise any control for security purposes in EEZs. Australia shares this view, but not all countries accept this interpretation. Argentina, Brazil, India, Indonesia, Iran, Malaysia, the Maldives, Oman, and Vietnam agree with China that warships have no automatic right of innocent passage in their territorial seas. Twenty other developing countries (including Brazil, India, Malaysia, and Vietnam) insist that military activities such as close-in surveillance and reconnaissance by a country in another country’s EEZ infringe on coastal states’ security interests and therefore are not protected under freedom of navigation.

In other words, while international law may support the position of the US and Australia on legal behavior within the EEZs, countries need to work harder to solidify this norm more broadly.

Through these three positions alone on internal waters, territorial seas and EEZs, China lays claim to approximately 80% of the South China Sea. Then China uses the nine-dash line to cover the remaining territory and provide redundancy by claiming “historic waters” – i.e., that China has historically controlled this maritime environment – again, a view that has no basis in international law.

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Table comparing the practices of China in the South China Sea verus the norms of international laws

The US has taken steps to challenge the false legal basis of China’s claims. This is the main purpose behind freedom-of-navigation operations, or FONOPS – to demonstrate through action that the US does not accept China’s position that areas are not international waters but internal or territorial waters. In other instances, the US is signaling that it does not accept an area to be in China’s EEZ, although China would not have the right to regulate military activity there anyway.

But undermining China’s false legal claims will take more than military operations and harsh statements. In 2016, the Hague Tribunal ruled that China’s claims of historic rights in the South China Sea lacked legal foundation, China’s actions in the region infringed on the rights of the Philippines, and features in the Spratlys are not entitled to EEZs or territorial zones. Yet Washington’s ongoing refusal itself to ratify UNCLOS undermines the general effectiveness of pushing back against Beijing with legal tools of statecraft. Additionally, Washington squandered an opportunity to support the Philippines in enforcing the international legal tribunal’s 2016 ruling in its favor, further reducing the attractiveness for other claimants to challenge Beijing on legal grounds.

The US should not make the same mistake twice. It should support other claimants that may want to pursue legal action against China (Vietnam is currently considering this course of action). Then, when the tribunal rules once more against China, the US should lead the charge to enforce the ruling.

China is using all the tools of statecraft at its disposal to gain control over this vital strategic waterway. The US and its allies should do the same.

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Beijing’s misapplication of international law in the disputed waters is more complex than it seems on the surface.

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On February 10, 2021, the China Program at Shorenstein APARC hosted Professor Oriana Skylar Mastro, Center Fellow at the Freeman Spogli Institute for International Studies​ for the virtual program "Military Competition with China: Harder to Win Than During the Cold War?" Professor Jean Oi, William Haas Professor of Chinese Politics and director of the APARC China Program, moderated the event.

As US-China competition intensifies, experts debate the degree to which the current strategic environment resembles that of the Cold War. Those that argue against the analogy often highlight how China is deeply integrated into the US-led world order. They also point out that, while tense, US-China relations have not turned overtly adversarial. But there is another, less optimistic reason the comparison is unhelpful: deterring and defeating Chinese aggression is harder now than it was against the Soviet Union. In her talk, Dr. Mastro analyzed how technology, geography, relative resources and the alliance system complicate U.S. efforts to enhance the credibility of its deterrence posture and, in a crisis, form any sort of coalition. Mastro and Oi's thought-provoking discussion ranged from the topic of why even US allies are hesitant to take a strong stance against China to whether or not Taiwan could be a catalyst for military conflict. Watch now: 

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