This article by Oriana Skylar Mastro was originally published in The Interpreter, a publication by the Lowy Institute.

When China began three days of military exercises in the South China Sea’s Gulf of Tonkin back in January, some observers speculated that Beijing was testing the new Biden administration. Harsh words from Beijing accompanied the exercises, with China’s foreign ministry spokesperson Wang Wenbin declaring the drills were “necessary measures to resolutely safeguard national sovereignty and security”.

Even against this backdrop, China’s official position is that it remains committed to a peaceful resolution of the South China Sea issue. And the rhetoric China employs at different times does make for a fascinating contrast. For example, China’s Foreign Ministry asserted in July 2020 that “China is not seeking to become a maritime empire” and that it “treats its neighboring nations on an equal basis and exercises the greatest restraint.”

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How then should we make sense of the mixed messages coming from Beijing? Most China experts find discourse to be informative – if not about China’s intentions, then at least about its aspirations. But which statements are indicative of China’s true position?

I argued recently in research for the Wilson Center that scholars need to evaluate the content and specificity of Chinese national discourse in addition to the position of the author or speaker involved. To that end, I analyzed all public speeches made by members of the Politburo of the Chinese Communist Party from 2013 to 2018. Xi Jinping led both of the Politburos I studied, and each had 25 members. Since some members served in both, this yields speeches by 39 unique individuals.

The speeches related to the South China Sea could be separated into those that mentioned cooperative themes and those with competitive themes. Cooperative themes have two subcategories, cooperation, and political solutions. Competitive themes have five subcategories: sovereignty, military, freedom, tension, and non-regional countries/the United States.

In what might appear good news for regional stability, China’s leaders used more cooperative discourse in public statements about the South China Sea than competitive themes. This might be taken to indicate a willingness to compromise with other claimants – a feature that is especially evident during the first year of each new Party Congress, namely 2013 and 2018.

However, one of the tenets of deriving intentions from discourse is that not all leadership statements are created equal. We need to consider personal power, accountability, and reputation for honesty. This means that statements by Xi, who is described as having “more power and more personal authority than any post-Mao leader”, take precedent.

So here is the bad news. My analysis showed that Xi’s statements accounted for 42.7% of the competitive themes mentioned, even though he is only one of 39 leaders during this period.

There are additional reasons to discount Xi’s cooperative statements: his reputation for dishonesty.

In September 2015, Xi made a public statement at the White House promising not to “militarise” the artificial islands China had been building in the South China Sea. Xi stated that “relevant construction activities that China is undertaking … do not target or impact any country, and China does not intend to pursue militarisation”. While the language at the time was deemed “new”, the pledge remained unclear. Then and subsequently, Xi did not promise to freeze dredging, island-building or activities in the region, nor did he offer any clarity about what “militarisation” meant. In May 2019, then–Chairman of the Joint Chiefs of Staff General Joseph Dunford said that China had “clearly … walked away from that commitment” given the “10,000-foot runways, ammunition storage facilities, routine deployment of missile defence capabilities, aviation capabilities and so forth” on the islands. My analysis in a previous Interpreter article shows that China has indeed militarised these islands to establish control over the islands and the surrounding waters.

Interestingly, China’s foreign ministry also makes more competitive statements than cooperative statements, contrary to what might be the expectation that professional diplomats would lean towards negotiations and reassurance. If soothing language was supposed to mask China’s intentions, ministry statements would be the most likely source. But instead, China seems to prioritise articulating its position on sovereignty and issuing threats to those who violate it over reassurance.

None of this means China will use force in the South China Sea. Xi’s statements calling for a tough stance to protect China’s perceived sovereignty in the South China sea lack specificity – there are no allusions to a timeline or preferred methods. Such ambiguity suggests the leadership wants to have maximum flexibility and avoid being boxed in by its aggressive rhetoric, even if it is popular with the Chinese public. And the Chinese leadership undoubtedly prefers to use diplomatic, legal and economic tools to establish sovereignty over these waters.

But my analysis suggests that China will be unlikely to make the compromises necessary on its expansive territorial claims in these waters to facilitate a viable diplomatic resolution. Instead, China’s leaders hope that political, economic and military power will convince other countries to accommodate China’s position without a fight. And if the other claimants concede to Beijing, it will be harder for the United States or Australia to push back on China’s position.

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.  

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.

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.)

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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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.

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: 

On January 27, 2021, the China Program at Shorenstein APARC hosted Professor Hau L. Lee, The Thoma Professor of Operations, Information & Technology at the Stanford Graduate School of Business for the virtual program “The Pandemic, U.S-China Tensions and Redesigning the Global Supply Chain.” Professor Jean Oi, William Haas Professor of Chinese Politics and director of the APARC China Program, moderated the event.

Professor Lee focused on an important question that has only become more pressing due to the COVID-19 pandemic: How, if at all, should businesses redesign their supply chains? Since the beginning of the pandemic, explains Lee, there has been an increase in calls for “redundancy” in supply chains in order to protect them from the problems they faced early in the pandemic, when China was first hit by shut downs and slowed productivity. Advice has been varied, ranging from the “China Plus One” strategy in which businesses simply add a secondary production location, to completely domesticating supply chains.

Lee warns, however, of the perils of overreaction. There are numerous risks that come along with a fully domestic supply chain, not least the danger of “having all of your eggs in one basket.” Instead, says Lee, businesses should move cautiously and, instead of fully divesting from China, should use the country intelligently. 

Professor Lee’s “In and Out Design” encourages businesses to work from the inside out, securing and strengthening their supply chains by starting at home. Companies must first build “internal supply chain excellence,” after which they can move on to making sure their strategic partners are equally strong and can work to their advantage. Eventually, companies can move on to strengthening the extended value chain and, ultimately, their entire ecosystem. Using strategies like dual response, leveraging “lubricants,” and bolstering capacity-building capabilities, businesses can create a more stable future. 

The session concluded with a fruitful Q&A between Professor Lee and the audience, moderated by Professor Oi.

A video recording of this program is available upon request. Please contact Callista Wells, China Program Coordinator at cvwells@stanford.edu with any inquiries.

The Walter H. Shorenstein Asia-Pacific Research Center (APARC) has broadened its fellowship and funding opportunities to support Stanford students working in the area of contemporary Asia. The Center introduced these expanded offerings in response to the harsh impacts of the COVID-19 pandemic on student’s academic careers and their access to future jobs and valuable work experience, and in recognition of the critical need to make the field of Asian Studies more diverse and inclusive.

APARC’s diversity grant aims to encourage Stanford students from underrepresented minorities (URM) to engage in the study and research of topics related to contemporary Asia and U.S.-Asia relations, including economic, health, foreign policy, social, political, and security issues. The grant, which was first announced in June 2020, is now an ongoing offering. APARC will award a maximum of $10,000 per grant. Current  Stanford undergraduate and graduate students in the URM category from any major or discipline are eligible and encourage to apply.

APARC also invites Stanford Ph.D. candidates specializing in topics related to contemporary Asia to apply for its 2021-22 predoctoral fellowship. Up to three fellowships are available and the application deadline is May 1, 2021.

In addition, APARC continues to offer an expanded array of research assistant internships. The Center is currently seeking highly motivated Stanford undergraduate- and graduate-level students to join our team as paid research assistant interns for the spring and summer quarters of 2021. Applications for spring 2021 research assistant assignments are due on February 22, for summer 2021 assignments on March 8.