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:

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.

While much of the world has been occupied with the COVID-19 pandemic, the Chinese People’s Liberation Army (PLA) has been active in promoting China’s claims in the South China Sea. Is it justified to argue that China is taking advantage of the global pandemic to make military gains?

In a new essay published in the Winter 2020 issue of the China Leadership Monitor, FSI Center Fellow at APARC Oriana Skylar Mastro sheds light on this question. Leveraging Chinese-language sources in addition to her own operational knowledge from over a decade of military experience, Mastro evaluates the PLA activities in the South China Sea over the eight-month period since March 2020. She includes in her analysis PLA statements, military exercises and operations, and deployment of relevant platforms and weapons in the region. Her conclusion is that the PLA has not significantly increased its operational role in the South China Sea but rather its signaling role. “Specifically, the Chinese military seems to be purposefully using, and perhaps even exaggerating, its capabilities and activities to enhance deterrence against the United States,” she argues.

Deployments of Weapons Systems and Military Exercises

After compiling a comprehensive picture of Chinese military activities in the South China Sea that includes both deployments of systems to the Paracels and Spratlys Islands and military exercises in the area, Mastro examines what these activities reveal about the PLA’s role in China’s South China Sea strategy.

PLA deployments in the area suggest it is trying to discourage the United States from countering its attempts to increase control over the South China Sea, she says. “China has been linking its deployments to U.S. activities for signaling purposes […] With new basing on the South China Sea islands and longer-range and more capable aircraft, China now has the option to move these platforms as a way to demonstrate to the United States its capability and resolve.” Over the past eight months, China has also conducted more robust military exercises to prepare for South China Sea contingencies. “But military readiness and preparedness are not the only reasons the PLA conducts exercises, notes Mastro. Instead, she argues that the PLA role has evolved beyond the operational to become a leader in a signaling strategy to bolster Chinese deterrence vis-à-vis the United States.

Chinese Discourse  

One of the strongest indicators that the Chinese military is attempting to leverage its role to signal capability to the United States is how the Chinese official media are capturing the ongoing competition. Having reviewed approximately 80 publications on the South China Sea, Mastro finds that the Chinese media are being used to amplify how capable the PLA has become in conducting complex operations in the South China Sea and to highlight that it is blameless for the current tensions in the region.

Mastro concludes that the PLA has taken a more active role in China’s South China Sea strategy, but not necessarily a more aggressive one. It is the need to enhance deterrence vis-à-vis the United States that has become a priority. “The PLA has become the main vehicle through which China is attempting to convince the United States to moderate its own South China Sea approach.” This sensitivity, and in some cases paranoia, about U.S. strategy, she claims, “suggests we are likely to hear tough talk and ostentatious military activity for some months to come.”