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Policy Analysis

August 28, 2017 | Number 820

A Balanced Threat Assessment of


China’s South China Sea Policy
By Benjamin Herscovitch

U
EX EC U T I V E S UMMARY

.S. lawmakers and analysts see China’s a whole and remains supportive of key elements of the
efforts to control much of the South international system.
China Sea as a serious threat, endangering To avoid needlessly entangling itself in the South China
regional security, freedom of navigation, Sea dispute, the United States should not support the ter-
and the liberal world order. This paper ritorial claims of any state and should make clear that the
finds that political leaders and experts exaggerate the dan- U.S.-Philippine Mutual Defense Treaty does not apply to
gers of China’s South China Sea policy. disputed territory and waters claimed by the Philippines.
As the world’s largest trading nation, China has a deep In addition, the United States should encourage claimant
vested interest in ensuring that trade routes in the South states to agree on de facto jurisdiction over disputed areas
China Sea remain open, and Beijing has no interest in and to jointly exploit resources while more permanent
military conflict with regional powers. Although China’s resolutions are negotiated. Finally, Washington should
South China Sea policy is inconsistent with some of the understand that ratifying the United Nations Convention
norms and institutions of the rules-based liberal world on the Law of the Sea will have little, if any, effect on the
order, Beijing does not seek to undermine this order as South China Sea dispute.

Benjamin Herscovitch is deputy director engagement at the Sea Power Centre–Australia (SPC–A), the Royal Australian Navy’s in-house research
organization. He was previously head of the geopolitics portfolio at the Beijing-based consultancy China Policy and a desk officer at the Department
of Foreign Affairs and Trade. He holds a PhD in political theory from the University of Sydney and a Bachelor of International Studies from the
University of New South Wales. The views expressed in this paper are the author’s alone and do not necessarily reflect those of the SPC–A, the Royal
Australian Navy, or the Australian government.
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HIGH STAKES IN THE public feelings in China, Vietnam, and the
The South SOUTH CHINA SEA Philippines, in particular, and is regularly used
China Sea The South China Sea (SCS) dispute is one by leaders in claimant states to mobilize politi-
of the globe’s most complex and volatile geo- cal support.
dispute looms political flashpoints. Involving a patchwork The SCS dispute looms large as a diplomatic
large as a of overlapping territorial and maritime claims and security challenge for the United States.
diplomatic made by China, Taiwan, Vietnam, the Philip- Claimant states include U.S. allies and part-
and security pines, Malaysia, Brunei, and Indonesia, the ners like the Philippines and Malaysia, as well
dispute centers on numerous atolls and islands as increasingly close friends like Vietnam. It
challenge for and vast tracts of sea, encompassed within also involves China—the United States’ larg-
the United China’s so-called Nine-Dash Line (Jiǔduànxiàn) est trading partner and the only likely mili-


States. (see Figure 1).1 In addition to issues of territorial tary peer competitor of the United States in
sovereignty, maritime jurisdiction, resource the coming decades.3 The SCS conflict has
access, and shipping routes, the SCS dispute already strained ties between Southeast Asian
is driven by nationalist sentiment.2 This con- claimant states and China and has become a
flict rouses widespread and sometimes violent key point of diplomatic and strategic tension

Figure 1
China’s nine-dash line encroaches on rival territorial and maritime claims

Source: Adapted from “Asia-Pacific Maritime Claims,” Asia Maritime Transparency Initiative, https://amti.csis.org/maritime-
claims-map/.
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between China and the United States. Wash- Tribunal assembled at the Permanent Court of
ington and Beijing regularly trade diplomatic Arbitration under the auspices of UNCLOS.11 China has
barbs over the SCS, and the U.S. and Chinese a history of
militaries are accustomed to operating in close Regional and Global Security
and mutually suspicious quarters in SCS waters THREAT LEVEL: LOW. China has a history
using force
and airspace. of using force to advance its territorial and to advance
Although the SCS dispute involves five maritime claims in the SCS, including two its territorial
Southeast Asian states, senior U.S. officials brief naval clashes with Vietnam in 1974 and
and maritime
like former and current secretaries of state 1988 that saw China gain control of disputed
John Kerry and Rex Tillerson focus on China’s maritime features in the Paracel and Spratly claims in the
SCS policy as the primary source of instability Islands, respectively.12 More recently, China South China


and tension.4 Unlike the smaller claims made seized Mischief Reef in 1994 and Scarborough Sea.
by the five Southeast Asian states to portions Shoal in 2012, each located within 135 nautical
of the SCS contiguous to their coasts, China miles of Philippine territory, while coercive
seeks to assert territorial sovereignty and mar- tactics against competing claimant states (e.g.,
itime jurisdiction over the bulk of the SCS— ramming and damaging vessels and evicting
between roughly 62 percent and 90 percent fishermen from contested waters) have
of this sea.5 Combined, Chinese territorial increased in frequency since 2008.13
and maritime demands stretch more than 800 Recent years have also witnessed a series
nautical miles from the Chinese island prov- of confrontations between Chinese vessels
ince of Hainan and encompass islands, rocks, and the U.S. Navy.14 Tensions remain high in
reefs, and waters claimed by Vietnam, the the wake of the long-standing attempted Chi-
Philippines, Malaysia, Brunei, and Indonesia.6 nese naval blockade of the Philippine marines
China’s forceful declarations to so-called stationed on Second Thomas Shoal, the 2014
inviolable historic rights (lìshı̌xìng quánlì) over deployment of a Chinese oil platform approxi-
the SCS are matched by regular forced evic- mately 120 nautical miles off the Vietnamese
tions of fishing vessels from neighboring states coast, and China’s interdiction of Philippine
and numerous cases of naval brinkmanship fishermen entering Scarborough Shoal—which
with Southeast Asian states and nonclaimant satellite imagery suggests may be ongoing
states like the United States and Australia.7 By despite a tentative rapprochement between
dredging up sand onto seven shallow underwa- Manila and Beijing.15
ter features in the Spratly Islands, China creat- Although the likelihood of large-scale mili-
ed more than 3,200 acres of territory between tary conflict between China and one or more
2013 and 2015.8 That amounts to nearly 17 Southeast Asian claimant states is low, the risk
times more land creation in 2 years than all of accidents and small-scale skirmishes escalat-
of the other claimant states combined in the ing to military confrontation remains. If, for
past 40 years.9 With China able to station an example, the China Coast Guard expanded its
expanding arsenal of missiles, fighter jets, and presence around Second Thomas Shoal in a bid
even strategic bombers on its newly created to block Philippine resupply efforts of its mili-
artificial islands, those constructions could tary outpost, the Philippine Navy might deploy
eventually serve as a fleet of “unsinkable air- additional marines and military hardware. An
craft carriers.”10 increased number of Chinese and Philippine
At the same time, China has failed to justify vessels traversing the waterways around Second
its territorial and maritime claims in a manner Thomas Shoal could lead to an elevated likeli-
consistent with the United Nations Conven- hood of collision at sea. If the relevant command-
tion on the Law of the Sea (UNCLOS), and ing officers lacked restraint, such an incident
refuses to recognize the adverse award against could lead to a naval standoff or even a skirmish
it rendered on July 12, 2016, by the Arbitral between Chinese and Philippine forces.
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A Sino-Philippine naval skirmish in turn U.S. Pacific Command Admiral Harry Har-
Beijing has poses the real though small risk of igniting a ris’s suggestion in April 2017 that “we’ll be
thus far been military conflict involving major Asia Pacific doing some soon” indicates that these opera-
powers. With the U.S.-Philippine Mutual tions will likely remain a hallmark of Trump’s
careful to use Defense Treaty calling on the United States to SCS policy.22 The economic dimension of the
force only in “act to meet the common dangers” of any “armed U.S. “pivot” to Asia might have ended with the
circumstances attack” on Philippine “armed forces, public Trump administration’s withdrawal from the
where the risk vessels or aircraft in the Pacific,” the United Trans-Pacific Partnership trade pact, and yet
States is likely to support the Philippines in the harder-edged security aspects of the “pivot”
to regional the event of a Sino-Philippine naval clash.16 look likely to live on in the SCS.23
and global Such a Sino-Philippine military conflict could Notwithstanding China’s record of aggres-
security is also draw in U.S.-allied regional actors, such as sion in the SCS, Beijing has thus far been care-


Japan, South Korea, Australia, and Thailand.17 ful to use force only in circumstances where the
low. The risk of the SCS dispute morphing into risk to regional and global security is low.24 Even
a major military conflict increased with the China’s most aggressive actions in the SCS—
Obama administration’s “pivot” to Asia.18 U.S. its brief naval clashes with Vietnam in January
officials displayed greater willingness to criti- 1974 in the Paracel Islands and in March 1988 in
cize and challenge China’s territorial and mari- the Spratly Islands—were extremely unlikely to
time claims and actions in the SCS. Among spark a larger military conflict.25
other initiatives, the United States stepped up The battle with Vietnam in 1974 was against
its diplomatic opposition to China’s SCS policy, a collapsing and strategically isolated South
reaffirmed its commitment to resolving the Vietnamese regime, which, with the withdraw-
SCS dispute in accordance with international al of the last U.S. combat troops a year earlier,
law, and sought to bolster the maritime sur- had lost its primary means of defense against
veillance and defense capabilities of Southeast the advancing North Vietnamese forces.26
Asian claimant states.19 Meanwhile, the skirmish with communist Viet-
The Trump administration has offered nam in 1988 was against a state whose primary
mixed signals on the SCS, ranging from the strategic and diplomatic partner—the Soviet
critical but measured statements from Sec- Union—was teetering toward dissolution and
retary of State Tillerson to the former White was inwardly focused on severe domestic eco-
House chief strategist Steve Bannon’s provoca- nomic, social, and political challenges.27 These
tive comment before the 2016 presidential elec- considerations by no means justify China’s acts
tion that the United States will go to “war in the of aggression against Vietnam. Yet they point
South China Sea in five to 10 years.”20 It is, how- to a pragmatic and strategically opportunistic
ever, unlikely that President Donald Trump will SCS policy. China may be willing to resort to
moderate President Barack Obama’s strongly military aggression in the SCS, but it has been
critical stance toward China’s SCS policy. Thus willing to do so only against weak or isolated
far, the most authoritative statements from adversaries and when the risk of sparking a
senior Trump administration officials like Sec- large-scale conflict is low.28
retary of Defense James Mattis suggest that the China’s SCS policy continues to exhibit prag-
United States will maintain its forceful rhetori- matism and strategic opportunism. Since the
cal opposition to China’s SCS policy and will reinvigorated U.S. effort to manage the SCS dis-
provide diplomatic and material support to pute in the wake of the Obama administration’s
Southeast Asian claimant states.21 “pivot” to Asia, China’s SCS policy has included a
Although the navy’s requests to conduct suite of what might be described as “soft” forms
freedom of navigation operations in Chinese- of coercion. Featuring prominently are such tac-
claimed waters have reportedly been rebuffed tics as (a) the creation or expansion of disputed
by senior Pentagon officials, Commander of maritime features, (b) the recalibration of China’s
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military command structure to place greater to slowly but surely consolidate and expand its
strategic emphasis on China’s territorial and area of de facto control over the SCS without China’s overall
maritime claims in the SCS, and (c) an increased endangering regional and global security. South China
tempo of naval patrols and surveillance by the Of course, the risk of escalation cannot be
maritime militias (i.e., irregular Chinese navy).29 ruled out. The uptick in China’s island-build-
Sea policy
Other soft forms of coercion include a sophis- ing activities in the SCS has coincided with is weighted
ticated and assertive public relations effort by efforts to integrate Chinese-controlled mari- toward softer
means of the “three warfares” (sān zhǒng zhànfa): time features into China’s defense architec-
forms of


“public opinion warfare” (yúlùn zhàn), “psycho- ture and power projection capabilities. In the
logical warfare” (xīnlı̌ zhàn), and “legal warfare” Spratly Islands, China recently constructed coercion.
(fǎlü� zhàn).30 The three warfares are deployed in airfields and reinforced hangars on Subi, Mis-
the SCS dispute to delegitimize the territorial chief, and Fiery Cross Reefs, which according
and maritime claims of Southeast Asian states, to the Center for Strategic and International
to dissuade members of the international com- Studies, will each soon have hangar space
munity from criticizing China’s SCS policy, and for 24 fighter jets in addition to three to four
to normalize Chinese territorial and maritime larger aircraft.35 These airfields will be able
expansionism. Through its maritime militias, to support a wide range of military aircraft,
fishermen, and coast guard, China admittedly including fighter jets and strategic bombers,
continues to deploy force, including evicting as well as high-tempo, high-sortie-rate mili-
fishermen from competing claimant states and tary operations.36 Combined with the large
blockading the Philippine marines stationed on and well-established airfield on Woody Island
Second Thomas Shoal. However, in addition to in the disputed Paracel Islands, the newly
keeping such uses of force at relatively low levels, constructed airfields in the Spratly Islands
China’s overall SCS policy is weighted toward boost China’s airpower projection capabilities
softer forms of coercion.31 across Southeast Asia and into the Indian and
Rather than, for example, launching naval Pacific Oceans. China has also deployed—and
assaults on Philippine, Vietnamese, or Malaysian then later removed—HQ-9 surface-to-air mis-
outposts in disputed waters, China will probably siles (SAMs) to and from Woody Island and is
continue its pragmatic and strategically oppor- suspected of having deployed YJ-62 anti-ship
tunistic SCS policy. That policy might include cruise missiles (ASCMs) to the same island.37
tactics such as expanding the size and sophisti- The SAMs would allow China to intercept
cation of its artificial islands and taking control missiles and aircraft within roughly 125 miles
of and developing the more than 200 maritime of Woody Island, while the ASCMs would
features that Chinese military officials have said allow China to target any vessel within a range
are still unoccupied in the SCS.32 Such tactics of approximately 250 miles.38
are likely to aggravate regional tensions. Yet, The long-term strategic intent behind
although they can be expected to elicit objec- China’s buildup of military infrastructure in
tions internationally, these forms of soft coer- the SCS is hard to determine precisely, and
cion are unlikely to provoke military conflict.33 there is no guarantee that China’s future SCS
For Southeast Asian claimant states, the United policy will mirror the pragmatism and stra-
States, and other regional powers, China’s island tegic opportunism that have characterized
construction activities are unlikely to cross the it thus far.39 “Black swan” events—such as
threat threshold that would justify economi- mass layoffs in the Chinese state-owned sec-
cally costly and strategically risky responses, tor or a sudden financial shock—could push
such as naval blockades of Chinese outposts, China to use its military infrastructure in the
forcible evictions of Chinese dredging vessels, SCS to sharply escalate the SCS dispute in a
or economic sanctions against China.34 Soft bid to divert public attention from domestic
coercion will therefore probably allow China troubles. China might, for example, use its
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airpower and missile capabilities to directly Those principles are reflected in the body of
China can threaten and even attack a U.S. freedom of international law and multilateral institutions
be expected navigation operation in the SCS or perhaps at the heart of the current rules-based liberal
dislodge a competing claimant state’s forces world order, including the United Nations, its
to carefully from a contested maritime feature. charter, and associated treaties; the World
cali­brate its Although such extreme scenarios are Trade Organization; the International Court of
tactics in the unlikely, the projected pace and scale of China’s Justice; and the International Criminal Court.
South China ongoing economic and military rise mean one These and other multilateral institutions and
cannot assume that Beijing’s SCS policy will conventions regulate the division of territory
Sea to avoid remain pragmatic and strategically opportu- and resources between states, provide mecha-
the kind of nistic.40 If China’s economic influence across nisms for the peaceful resolution of interna-
escalation Asia and the world expands, and its military tional disputes, and call on states to refrain
strength continues to grow, the temptation from the use of force, except in a prescribed
that risks may increase to use that power asymmetry to manner. Beijing has made clear—in both word
culminating achieve a decisive win in the SCS dispute.41 and deed—that its SCS policy will not neces-
in a military The United States and its Asian allies and part- sarily comply with the principles of the rules-
based liberal world order.45
conflict with ners should therefore remain alert to changes
in behavior and possible threats to regional and China has sought to exploit hydrocarbon
a neighbor global security.42 Nevertheless, notwithstand- and fishery resources over which Vietnam,
or great ing a dramatic and unexpected change in pre- the Philippines, Malaysia, Brunei, and Indo-


power. vailing conditions, such threats seem unlikely nesia likely have sole jurisdiction because of
to emerge in the short to medium term. For the location of these resources within their
now, China can be expected to carefully cali- exclusive economic zones (EEZs) that extend
brate its tactics in the SCS to avoid the kind of up to 200 nautical miles from their coasts.46 In
escalation that risks culminating in a military 2016 China also rejected arbitration of the SCS
conflict with a neighbor or great power.43 dispute, immediately dismissing the adverse
award against it by the UNCLOS Arbitral
The Rules-Based Liberal World Order Tribunal.47 That arbitration was initiated by
THREAT LEVEL: LOW. A number of interrelat- the Philippines and considered the legality of
ed liberal principles have guided the evolution China’s Nine-Dash Line, the status of numer-
of the post–World War II international system. ous SCS maritime features, Chinese island
As the Council on Foreign Relations’ Stewart construction within the Philippine EEZ, and
Patrick observes, those include: resource exploitation in disputed waters,
among other issues. In addition to numer-
■■ All sovereign states are entitled to polit- ous other adverse findings against China, the
ical independence, territorial integrity, Arbitral Tribunal concluded that “there was
and freedom from intervention. no legal basis for China to claim historic rights
■■ The use of force—except in cases of to resources within the sea areas falling within
self-defense—requires collective autho- the ‘Nine-Dash Line,’” and that “China had
rization by the United Nations Security violated the Philippines’ sovereign rights in its
Council. EEZ.”48 Meanwhile, senior Chinese officials
■■ Vessels from all states are free to traverse such as former foreign minister Yang Jiechi
the open ocean without hindrance. have implicitly endorsed the illiberal doctrine
■■ The commerce of all nations should be that “might makes right” in the SCS and indi-
accorded nondiscriminatory treatment. cated that Southeast Asian states should adopt
■■ All peoples should be entitled to political a deferential position vis-à-vis China.49
self-determination as well as the enjoy- China’s conduct in the SCS is certainly incon-
ment of fundamental human rights.44 sistent with the principles of the rules-based
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liberal world order. Yet a crucial conceptual and principles in certain instances. For example, the
practical distinction exists between rejecting United States has failed to ratify UNCLOS, the China’s South
the application of these principles to a particu- Comprehensive Nuclear-Test-Ban Treaty, the China Sea
lar conflict or geographic region and seeking to Rome Statute of the International Criminal
undermine the order as a whole. China’s SCS Court, and other key multilateral treaties and
policy should
policy does the former, but it is not clear that has refused to pay reparations to Nicaragua not be seen as
Beijing aims to do the latter. In fact, although that were ordered in 1986 by the International a wholesale
China judges that its national interest is best Court of Justice as compensation for interven-
effort to
served by circumventing international insti- tion in the country’s civil war.55 If even standard-
tutions and norms in a particular geographic bearers of the rules-based liberal world order undermine
region (the SCS) and with respect to a particu- like the United States ignore these principles the current


lar conflict (the SCS dispute), China generally when they conflict with the national interest, order.
supports the existing order elsewhere. Rightly it should be cause for neither great surprise nor
or wrongly, Beijing simply considers disputed great concern when China does the same in a
islands in the SCS to be an “integral part of particular case. Of course, that factor neither
Chinese territory” (Zhōngguó lı̌ngtǔ bùkěfēngē de justifies China’s behavior in the SCS nor implies
yībùfèn).50 Unsurprisingly, China will not allow that the United States and other nations should
its general support for the rules-based liberal not call on Beijing to abide by international
world order to impede its efforts to ensure that institutions and norms at all times.
the SCS becomes Chinese “blue national terri- Defending these principles should not be
tory” (lánsè guótǔ).51 restricted to those countries that meet the bib-
True, Beijing has also long violated the lical admonition, “Let him who is without sin
political and individual rights of its citizens and cast the first stone.” Such an impossible standard
sought to aid Chinese companies with industri- would likely leave no state able to defend these
al espionage and protectionist measures.52 Yet admirable principles. The point is rather that,
in most arenas—from global trade to the United as with U.S. behavior that is inconsistent with
Nations system—China supports and abides by international institutions and norms, China’s
international institutions and norms.53 Notable SCS policy should not be seen as a wholesale
examples include (a) enthusiastically pursuing effort to undermine the current order.
bilateral and multilateral free trade agreements
and membership in the World Trade Organiza- Global Trade
tion, (b) extensively contributing to the ongo- THREAT LEVEL: LOW. An estimated $5.3 tril-
ing multinational anti-piracy operation in the lion worth of trade passes through the SCS each
Gulf of Aden, (c) becoming one of the largest year.56 That number accounts for a significant
financial and personnel contributors to United portion of the manufactured products and
Nations peacekeeping missions, and (d) dem- raw materials entering and leaving East Asia’s
onstrating leadership in post–global financial powerhouse economies of China, Japan,
crisis efforts to govern the global economy South Korea, and Taiwan.57 The downstream
via initiatives like the inaugural G-20 leaders’ connections of those flows of goods and
meeting in 2008.54 Notwithstanding Beijing’s raw materials to the economies of Oceania,
behavior in the SCS, China is overall a strong Southeast and South Asia, Africa, the Middle
supporter of the current international order. East, and Europe make the SCS an important
Moreover, China’s limited rejection of the transit point for global trade.58 On that basis,
principles of the rules-based liberal world notable policy experts, including Michael
order in the SCS and other discrete cases Green and Patrick M. Cronin, argue that
arguably reflects customary international China’s SCS policy is a threat to global trade.59
practice. Great powers typically combine gen- According to this popular view, an outbreak of
eral support with a realpolitik rejection of those conflict may render the SCS unnavigable for
8


commercial vessels, or China may decide to Of course, the economic irrationality of a
Fears about use its expanding military infrastructure in the Chinese commercial shipping blockade is not
the threat SCS to interdict commercial shipping.60 Given enough to discount as impossible scenarios in
the value of this trade corridor for U.S. allies which trade cannot pass through the SCS. If
of China’s and partners like Japan, South Korea, Taiwan, a conflict erupted from a series of accidents
South China Thailand, the Philippines, Singapore, and or miscalculations, it is possible that China
Sea policy to Australia, analysts also claim that China’s SCS may feel it has no other option but to block-
global trade policy poses a severe potential threat to the ade commercial shipping to U.S. allies and the
economic health of the United States’ Asian United States. Alternatively, inadvertent esca-
do not bear


allies and partners.61 lation may render the SCS unnavigable for
scrutiny. Such fears about the threat of China’s SCS commercial vessels despite Chinese efforts to
policy to global trade do not bear scrutiny. Any avoid such an outcome. However, even assum-
disruption to commercial shipping in the SCS ing that China is willing to suffer steep eco-
would first and foremost be disastrous for Chi- nomic costs and either follows through with
na’s own economic and security interests.62 a commercial shipping blockade or allows an
China is the world’s largest trading nation unintended military clash to render the SCS
overall and the largest trading nation of goods unnavigable for commercial vessels, China’s
in particular.63 China is also by far the world’s SCS policy is still unlikely to pose a significant
largest importer of liquid fuels and raw mate- threat to global trade.
rials, such as petroleum and iron ore, and the First, the disputed islands and constructed
largest importer of agricultural products.64 features that are the focus of China’s SCS pol-
Not only is China acutely dependent on global icy would be of limited strategic value in the
trade for its economic health and energy and event of an attempted Chinese anti-shipping
food security, but as much as 90 percent of campaign.67 The relative strategic depth and
global trade is seaborne.65 This Chinese reli- developed military infrastructure of Hainan
ance on maritime trade and the prominence of Island—which is undisputed Chinese territo-
the SCS as a transit point for seaborne trade ry—would make it the fulcrum of any SCS anti-
flows in and out of some of China’s busiest shipping campaign.68 By contrast, the isolated,
ports means that any barriers to commercial small, and strategically vulnerable disputed
shipping in the SCS are likely to adversely islands and constructed features that China
affect China more than any other country.66 controls in the SCS would likely play a subsid-
Conceivably, the security context could iary and comparatively unimportant role.69
change dramatically such that Sino-U.S. rela- Second, and more important, shipping
tions deteriorate to the point of a large-scale would not need to be radically rerouted even
military confrontation in the Western Pacif- if the entirety of the SCS inside China’s Nine-
ic. China might then seek to use control of Dash Line became unnavigable for commer-
the SCS to blockade commercial shipping to cial vessels. To avoid such contested waters,
U.S. allies, such as Japan, South Korea, Thai- shipping routes would need to be moved only
land, the Philippines, and Australia, while slightly west to hug the Vietnamese coast or
also interdicting commercial shipping to the slightly east to follow the coast of the Philip-
United States. Although possible, such a sce- pine islands of Palawan and Luzon.
nario is incredibly far-fetched. If successful, Even for the trade routes that would be most
a Chinese commercial shipping blockade of adversely affected by this rerouting, the increase
this scale that affects so many of China’s most in distance would be relatively small. Roughly
important trading partners would impose 200 more nautical miles would be added to the
colossal economic costs on China itself. That Singapore–Busan route (see Figure 2), while
fact alone makes it highly unlikely that China approximately 250 extra nautical miles would
would ever pursue such a strategy. be added to the Singapore–Kaohsiung route
9


Figure 2
Traversing waters enclosed by the Nine-Dash Line versus bypassing those waters, The trade
Singapore-Busan route
routes of most
importance
to the United
States and its
Asian allies
are likely
to remain
entirely
unaffected
by a Chi­nese
anti-shipping
campaign or
an unintended
military


clash.

Source: Sea-Seek–Google Maps Distance Calculator, http://www.sea-seek.com/tools/tools.php.

(see Figure 3).70 That would amount to only an 8 connecting Australia’s coal country with Japan’s
percent and 16 percent increase in distance for megacities or South Korea’s manufacturing
the Singapore–Busan and Singapore–Kaohsi- centers with markets on the West Coast of the
ung routes, respectively.71 Assuming that vessels United States totally bypass the SCS.
are traveling at the typical average speed of 25 Shipping routes in Southeast and East Asia
knots, such an increase in distance would add would, of course, need to be more extensively
only 8 hours to the Singapore–Busan route and rerouted in the event of a more extreme scenar-
10 hours to the Singapore–Kaohsiung route.72 io in which the entire SCS became unnavigable
Not only would these trade routes be among for commercial vessels. In such a scenario, ves-
the most adversely affected of all the world’s sels would need to traverse the archipelagic
shipping lanes, but the distances of many of the waters of Indonesia and the Philippines to
trade routes of most importance to the United skirt the SCS entirely. That would, for exam-
States and its Asian allies are likely to remain ple, result in adding roughly 850 nautical miles
entirely unaffected by a Chinese anti-shipping to the Singapore–Busan route (see Figure 4)
campaign or an unintended military clash in the and approximately 1,100 nautical miles to the
SCS. For example, crucially important routes Singapore–Kaohsiung route (see Figure 5).73
10


Figure 3
The U.S. Traversing waters enclosed by the Nine-Dash Line vs. bypassing those waters,
Singapore–Kaohsiung route
freedom of
navigation
and overflight
program is
conducted in
territorial seas
and exclusive
economic
zones
without prior


consent.

Source: Sea-Seek–Google Maps Distance Calculator, http://www.sea-seek.com/tools/tools.php.

Those additional nautical miles would amount by the entire SCS becoming unnavigable for
to a 33 percent and 69 percent increase in dis- vessels not destined for or originating from
tance for the Singapore–Busan and Singapore– Chinese ports.
Kaohsiung routes, respectively.74 Assuming
that vessels are traveling at the typical average Freedom of Navigation and Overflight
speed of 25 knots, such an increase in distance of the U.S. Military and Allied Forces
would add 34 hours to the Singapore–Busan THREAT LEVEL: LOW. The U.S. freedom of
route and 44 hours to the Singapore–Kaohsi- navigation and overflight program aims to
ung route.75 assert the freedom of all vessels and aircraft
Although these diversions would be signifi- to conduct innocent passage in and over the
cant, the bulk of shipping routes in Southeast territorial seas of all countries (up to 12 nautical
and East Asia would be much less severely miles from the baseline, which is usually
affected. Moreover, as with the scenario affect- the low-water line of a coastal state).76 This
ing only the areas of the SCS inside China’s program also asserts the freedom of all vessels
Nine-Dash Line, the distances of many of the and aircraft to conduct military exercises,
most important trade routes for the United gather intelligence, and perform other
States and its Asian allies (e.g., between Japan activities inconsistent with innocent passage
and Australia and South Korea and the United in and over the EEZs of all states (between
States) would likely remain totally unaffected 12 and 200 nautical miles from baselines).77
11


Crucially, the U.S. freedom of navigation and precisely the kind of confrontation that it has
overflight program is conducted in territorial for the sake of its own strategic interests hereto- China’s
seas and EEZs without prior consent.78 fore sought to avoid. China would likely need to deployment
China, Argentina, India, Indonesia, Malay- directly attack and inflict serious material dam-
sia, Vietnam, and a number of other states age on U.S. and allied sea and air assets to have
of additional
reject the U.S. interpretation of freedom of a realistic chance of ending these operations.86 military
navigation rights under UNCLOS—a treaty The deep economic and security costs of such capabilities
the United States seeks to comply with despite
not having ratified.79 China insists that inno-
a military confrontation with the world’s great-
est military power and China’s largest trading
to disputed
cent passage within its territorial seas requires partner mean that Beijing has strong prudential maritime
prior permission and strongly opposes foreign grounds to avoid disrupting U.S. and allied free- features does
military vessels and aircraft even approaching dom of navigation and overflight operations.87 not seriously
Chinese-controlled maritime features in the However, China is developing military capa-
SCS.80 China has sought to demonstrate its bilities that will dramatically increase its abil-
threaten
freedom of


opposition to the U.S. freedom of navigation ity to block the vessels and aircraft of the U.S.
and overflight program by publicly objecting military and allied forces. China’s evolving navigation.
to those operations and periodically tailing and anti-access/area denial (A2/AD) capabilities—
harassing U.S. vessels and aircraft.81 China has typically counter-maritime and counter-air
similarly criticized and sought to disrupt U.S. systems designed to destroy surface ships and
allies from conducting freedom of navigation aircraft—are aimed at making power projec-
and overflight operations in the SCS.82 tion into the seas adjoining China costly—if not
China’s tailing, surveillance, and verbal impossible—in the event of military conflict.88
warnings directed at U.S. and allied vessels and Such capabilities could be deployed to seri-
aircraft raise the risks associated with freedom ously threaten the freedom of navigation and
of navigation and overflight operations in the overflight program throughout the first island
SCS.83 Such tactics could easily lead to a repeat chain, which runs from the southern end of the
of the tense diplomatic standoff that followed Japanese island of Kyushu to roughly the south-
the deadly 2001 collision between a U.S. EP- ern tip of China’s Nine-Dash Line, thereby
3E Aries II surveillance aircraft and a Chinese including the bulk of the SCS (see Figure 6).89
fighter jet.84 Notwithstanding the risk of inci- Despite the growing power and sophistica-
dents of this nature, even China’s deployment tion of China’s A2/AD capabilities, they would
of additional military capabilities to disputed pose a genuine threat to freedom of navigation
maritime features does not seriously threaten and overflight only in the extreme scenario
freedom of navigation. Despite periodic cases of a military confrontation on the Chinese
of brinkmanship, including apparent attempts littoral with the United States and its allies.
to interdict the surveillance ship USNS Impec- Short of such a high-stakes conflict in its stra-
cable in 2009 and the guided missile cruiser tegic backyard, China will remain extremely
USS Cowpens in 2013, Chinese challenges to reluctant to make use of its expanding A2/AD
U.S. and allied freedom of navigation and over- capabilities. China certainly views U.S.-led
flight operations have to date not deployed freedom of navigation and overflight opera-
the force sufficient to materially block them.85 tions as unjustified provocations that violate
As previously noted, China’s pragmatic and its sovereignty and strain its relations with the
strategically opportunistic SCS policy seeks to United States, its Southeast Asian neighbors,
expand and consolidate Chinese control over and other regional powers.90
the SCS without provoking a serious military Nonetheless, the fear of sparking a military
confrontation. However, to genuinely threaten conflict means China is unlikely to avail itself of
U.S. and allied freedom of navigation and over- the elements of its A2/AD capabilities that could
flight operations, China would need to risk be deployed to materially block freedom of
12


Figure 4
China may Bypassing the entire South China Sea, Singapore-Busan route
not be able
to threaten
freedom of
navigation
operations
without
risking severe
economic and
security costs,
but Chinese
forces are
still able to
interfere
with those


operations.

Source: Sea-Seek–Google Maps Distance Calculator, http://www.sea-seek.com/tools/tools.php.

navigation and overflight operations (e.g., sink- capabilities in peacetime, allowing China to
ing vessels or shooting down aircraft). China closely monitor and impede FONOPs without
might be able to better surveil and monitor resorting to the use of much more aggressive
vessels and aircraft with some of its nonkinetic and high-cost conventional A2/AD capabili-
A2/AD capabilities, including advanced optical ties.92 In October 2015, for example, maritime
and radar military reconnaissance satellites.91 militia vessels maneuvered dangerously around
Yet the relatively modest nuisance of free- the U.S. destroyer USS Lassen during its FONOP
dom of navigation and overflight operations is in the vicinity of the Chinese artificial island
unlikely to ever justify the colossal economic and on Subi Reef.93 That incident followed similar
security costs associated with China deploying Chinese maritime militia harassment of the
its A2/AD capabilities against an adversary as USNS Impeccable in 2009 and a number of oth-
militarily powerful as the United States. er acts of brinkmanship directed at Vietnamese
Although China may not be able to threaten and Philippine vessels and naval outposts dating
freedom of navigation operations (FONOPs) back decades.94
without risking severe economic and security The freer rein that China gives irregular mari-
costs, Chinese forces are still able to success- time militias to perform risky and provocative
fully interfere with those operations. China’s operations around U.S. and other foreign
expanding irregular navy or “maritime militia” vessels raises the risk of accidents.95 Meanwhile,
(hǎishàng mínbīng) complements China’s A2/AD the ambiguous status of maritime militia within
13


Figure 5
Bypassing the entire South China Sea, Singapore–Kaohsiung route China’s South
China Sea
policy does
not entail a
grave general
threat to the
security of
other claimant


states.

Source: Sea-Seek–Google Maps Distance Calculator, http://www.sea-seek.com/tools/tools.php.

the Chinese navy complicates the international of Southeast Asian claimant states depends
responses to their activities and increases the on whether one supports their territorial
likelihood of misunderstandings and unintend- claims. Asserting that China’s SCS policy
ed escalation.96 With the apparent operational does pose such a threat amounts to a de facto
autonomy to perform much more provocative endorsement of their territorial claims over
maneuvers than the conventional Chinese navy, China’s, meaning their territorial integrity
China’s maritime militia will continue to impede can be assured only if these states gain control
FONOPs while substantially raising the risk of over hotly disputed maritime features. Leaving
accidents at sea and naval standoffs. Maritime aside the vexing question of whether China’s
militia surveillance and harassment will thereby SCS policy threatens the territorial integrity
frustrate FONOPs. Yet these Chinese tactics of the other disputants, it does clearly seek to
fall far short of seriously threatening the viabil- deny claimant states maritime jurisdiction over
ity of the freedom of navigation and overflight waters that likely fall within their EEZs.97
program in the SCS. China’s effort to expand its area of de facto
control over the SCS without submitting the
Security of Southeast Asian dispute to international arbitration also pre-
Claimant States vents claimant states from receiving a fair and
THREAT LEVEL: LOW. Whether China’s SCS legal adjudication of the SCS dispute. More-
policy is a threat to the territorial integrity over, China used outright military aggression
14


Figure 6
The disputed China's first and second island chains
South China
Sea maritime
features are
more valuable
as symbols
of national
sovereignty
than as
substantial
sources
of natural


resources.

Source: Military Power of the People’s Republic of China 2009 (Arlington, VA: Department of Defense, 2009), p. 18.

against Vietnam in 1974 and 1988, and it con- bulk of the SCS is unambiguous: assuming
tinues to use force against competing claim- that other claimant states cannot eventually
ants by evicting fishermen, attempting to be convinced through diplomacy or economic
blockade naval outposts, and ramming ships, inducements to cede control and jurisdiction
among other tactics. over maritime features and waters claimed by
Having insisted that it has “indisputable China, armed expulsions are a necessary long-
sovereignty” (wúkězhēngbiàn de zhǔquán) over term element of a successful SCS policy.
numerous disputed maritime features in the As already noted, China’s track record of
SCS, and privately indicated to U.S. officials pragmatic and strategically opportunistic SCS
that the SCS is a “core national interest” policy makes armed expulsions of competing
(guójiā héxīn lìyì), it is not surprising that China claimants an unlikely tactic for the foreseeable
has periodically intimated that it is prepared future. Nevertheless, China has in a few cases
to again deploy military force to defend what already deployed such coercive tactics to evict
it considers its “blue national territory” (lánsè other states. For example, such actions as Chi-
guótǔ).98 Although it remains unclear when or na’s use of naval clashes to seize territory from
if China will again deploy military force against Vietnam in 1974 and 1988 and China’s naval
Southeast Asian claimant states, the practical standoff with the Philippines to claim Scarbor-
corollary of China’s stated policy objectives ough Shoal in 2012 threaten the territorial and
of exercising control and jurisdiction over the maritime claims of Southeast Asian states.99
15


This ongoing latent threat is underlined by the waters beyond the Nine-Dash Line.105
fact that on disputed maritime features China Successful implementation of China’s SCS U.S.
has deployed fighter jets, SAMs, and anti-ship
cruise missiles and has built helicopter bases,
policy that hands China effective control over
the bulk of the SCS is therefore unlikely to lead
support for
close-in weapons systems, and runways capable to a “Sudetenland moment” in which China is a particular
of handling high-tempo, high-sortie-rate military emboldened to carve off progressively larger claimant
operations and strategic bombers.100 slabs of Vietnamese, Philippine, Malaysian, state could
China’s SCS policy does not, however, entail Bruneian, or Indonesian territory.106 Although
a grave general threat to the security of other China’s SCS policy is a genuine challenge to
embolden
claimant states. China has engaged in only two those states’ territorial and maritime claims, it it to adopt
brief naval clashes with Vietnam in 1974 and 1988 poses only a low threat to their overall security. reckless and
that killed fewer than 120 Vietnamese troops
provocative


and destroyed only a few small Vietnamese ves-
sels and has never battled Philippine, Malay- POLICY RECOMMENDATIONS policies.
sian, Bruneian, or Indonesian forces over the The election of President Trump has pre-
SCS. Moreover, no civilians have been forced to cipitated a period of U.S. policy uncertainty
abandon their homes and flee contested terri- toward the SCS. Senior Trump administration
tory. With only a handful of small isolated settle- officials have articulated inconsistent assess-
ments in their midst, the disputed areas of the ments of the seriousness of the threat of China’s
SCS are not part of the populated homelands of SCS policy and likely U.S. countermeasures.107
any of the claimant states. Although former White House Press Secre-
Meanwhile, the economic costs of China’s tary Sean Spicer said on January 23, 2017, that
SCS policy are limited to difficulty access- the United States would respond to China’s
ing disputed fishing grounds and delays with SCS policy by defending “international territo-
the exploitation of relatively modest hydro- ries from being taken over by one country,” on
carbon reserves.101 Indeed, the disputed SCS February 4, 2017, Secretary of Defense Mattis
maritime features have much more value as stressed the importance of “diplomatic efforts”
symbols of national sovereignty than they and said that the United States sees no “need
do as substantial sources of natural resources for dramatic military moves at all.”108 President
and economic opportunities. Compared with Trump and his cabinet should move quickly to
the security threat that Russia’s proxy war in dispel this ambiguity.
Donbass poses to the Ukraine, for example, As outlined below, the Trump adminis-
China’s SCS policy represents a low security tration should pursue a set of policies that
threat to Vietnam, the Philippines, Malaysia, minimize American liabilities in the SCS and
Brunei, and Indonesia.102 encourage claimant states to peacefully man-
Nor is there any indication that China is age their conflicting territorial and maritime
planning to carve off territory from claimant claims. By emphasizing U.S. neutrality and
states beyond the contested territory within focusing on the prospects of mutually ben-
the Nine-Dash Line. The Nine-Dash Line has eficial cooperation, these policy recommenda-
been at the core of the Chinese nationalist tions reflect the modest threat to U.S. interests
government’s and the territorial and maritime posed by China’s SCS policy.
claims of the Chinese Communist Party (CCP) AVOID SUPPORTING THE TERRITORIAL AND
in the SCS since the 1920s.103 China resolved MARITIME CLAIMS OF ANY CLAIMANT STATE.
its land border dispute with Vietnam in 1999 Consistent with U.S. policy to date,Washington
and has never officially laid claim to areas should maintain an impartial stance on the
of the SCS beyond the Nine-Dash Line.104 territorial and maritime claims of particular
Even hawkish Chinese academics and CCP states—both on national interest grounds and
theorists do not advocate seizing territory or as a matter of fairness.109 U.S. interests are not
16


substantively served by particular claimant 1951, and jurisdiction in subsequent years has
The inflated states realizing their territorial and maritime been debatable.115
threat that ambitions.110 Although the United States Moreover, applying U.S. security guarantees
might, for example, have a significant interest to those features would force the United States
political in the security of alliance partners such as to weigh in on the controversial process of
leaders, the Philippines, it does not have a significant determining precisely which disputed features
policymakers, interest in the Philippines being able to freely are controlled by the Philippines. Consistent
and experts exploit hydrocarbon and fishery resources in with the unambiguous provisions of the U.S.-
all of the waters that Manila claims fall within Philippine treaty, the United States should
associate with the Philippine EEZ. nevertheless make plain that any “armed
China’s South Moreover, supporting the territorial and attack” on Philippine “armed forces, public
China Sea maritime claims of a particular claimant state vessels or aircraft in the Pacific”—whether in
could easily undermine U.S. national interests. disputed waters or elsewhere—would activate
policy risks First, the United States risks harming its rela- the United States’ mutual defense obligations
drawing the tions with one or more of the other claimant toward the Philippines.116
United States states, as they are likely to view support for the ENCOURAGE CLAIMANT STATES TO EXPLOIT

into a search territorial and maritime claims of a particular RESOURCES JOINTLY. SCS claimant states have
claimant state as unfairly partial. Second, U.S. previously taken halting and cautious steps
for a phantom support for a particular claimant state could toward joint exploitation of hydrocarbon
monster to embolden it to adopt reckless and provoca- resources in disputed waters. In 2005, China,


destroy. tive policies, which could further aggravate the the Philippines, and Vietnam agreed to a
SCS dispute.111 If the United States specifically three-year Joint Marine Seismic Undertaking
endorsed Philippine territorial and maritime (JMSU) to assess oil reserves for potential
claims, for example, Manila might pursue con- shared exploitation.117 The JMSU eventually
frontational and destabilizing tactics, such as fell victim to domestic political scandals in
attempting to interrupt Chinese island con- the Philippines and was not renewed after it
struction activities on disputed features. expired in 2008.118
To avoid supporting particular states, free- More recently, Philippine lawmakers have
dom of navigation and overflight operations expressed optimism about the prospect of
should continue to be used to challenge all jointly exploiting resources in the SCS with
excessive maritime claims in the SCS.112 China in the wake of President Rodrigo
CLARIFY THE SCOPE OF THE U.S.-PHILIPPINE Duterte’s October 2016 state visit to Beijing and
MUTUAL DEFENSE TREATY. The U.S.-Philippine warming Sino-Philippine relations.119 Although
Mutual Defense Treaty calls on the United such initiatives will not resolve the underlying
States to “act to meet the common dangers” territorial and maritime disputes, and have to
of an “armed attack on the metropolitan date either failed or remained tentative, they
territory . . . or on the island territories nevertheless have the potential to foster coop-
under [the Philippines’] jurisdiction.”113 The eration and shared interests. The United States
United States should make clear that, for the should therefore encourage claimant states to
purposes of interpreting this treaty, disputed exploit resources jointly so as to foster a shared
Philippine-controlled maritime features in economic stake in cooperation, to improve
the SCS do not count as “island territories diplomatic relations, and to further reduce the
under [the Philippines’] jurisdiction.”114 likelihood of military conflict.120
Applying U.S. security guarantees to disputed CALL ON CLAIMANT STATES TO MUTUALLY
Philippine-controlled maritime features ACCEPT DE FACTO JURISDICTION OVER DISPUTED
would be legally dubious since the Philippines AREAS OF THE SCS. The steadfast determination
had not extended its jurisdiction over these of each claimant state to press territorial and
features at the time the treaty was signed in maritime claims makes a final negotiated
17


settlement of the SCS dispute highly unlikely. jurisdiction, LAC arrangements offer a prom-
In lieu of such a settlement, the United States ising means of dialing down geostrategic ten- A balanced
should call on claimant states to provisionally sions and avoiding accidents and skirmishes threat
agree to demarcate de facto jurisdiction over at sea.
disputed areas of the SCS. That approach would RECOGNIZE THAT THERE IS NO PRESSING NEED
assessment
mean establishing a patchwork of Lines of Actual TO RATIFY UNCLOS. Experts such as Jeffrey Bader suggests
Control (LACs) roughly dividing the Chinese, and Jerome A. Cohen claim the United States China’s policy
Vietnamese, Philippine, Malaysian, Bruneian, should ratify UNCLOS as a precondition for
in the South
and Indonesian areas of de facto jurisdiction a principled and effective response to the SCS
over the disputed areas of the SCS.121 dispute.126 Ratification, they argue, would China Sea
By drawing tacitly accepted LACs, each give additional moral force to U.S.-led efforts poses only
claimant state would recognize the control to encourage all SCS claimant states to act in a modest


of the other parties over certain maritime accordance with UNCLOS.127 By making the
features and waters in exchange for the same United States a more consistent advocate of
danger.
assurances vis-à-vis their own areas of con- the rules-based liberal world order, final Senate
trol. These assurances of mutual noninterfer- approval of UNCLOS would likely lead to a
ence could be applied to the activities that modest improvement in U.S. moral standing.128
are most likely to inflame tensions, including However, given that the United States already
island construction, maritime patrols, fishing, acts in accordance with UNCLOS in the SCS
and natural resource exploration and exploita- and elsewhere around the globe, ratification
tion. A pragmatic LAC model has the advan- would not substantively change U.S. behavior,
tage of not demanding what claimant states thereby making it a largely symbolic gesture.129
are unprepared to concede: acceptance of the Moreover, ratification would not significantly
legitimacy of the other claimant states’ terri- advance the U.S. goals of de-escalating the SCS
torial and maritime claims. dispute and assisting claimant states to reach a
Although coaxing claimant states to even final resolution of their territorial and maritime
agree to LACs may seem unrealistic, such a disputes. The SCS dispute remains intractable
strategy has a successful precedent. Having and a source of ongoing geostrategic tension
traded numerous diplomatic barbs and having as a result of the incompatible territorial and
fought a brief war in 1962 over strategically valu- maritime claims of China and five Southeast
able tracts of the Himalayas, China and India Asian states. Claimant states are unlikely to
reached an LAC agreement in 1993.122 With- modify their territorial and maritime claims
out prejudicing either the Chinese or Indian in any way in the event of U.S. ratification of
claims to disputed territory, this landmark UNCLOS, and they are similarly unlikely to
accord saw China and India agree to restrict modify the tactics they employ to advance
troop movements and air force overflights to those territorial and maritime claims.
their respective sides of the LAC.123 The LAC Admittedly, China would presumably
has been violated many times—particularly by cease reiterating its talking point about the
China—and the precise location of the divid- supposed U.S. double standard of not ratify-
ing line is a matter of debate.124 Yet the LAC ing UNCLOS while calling on other states to
still provides each country with a framework abide by the convention.130 Yet that reaction
for calling for the withdrawal of armed forces would amount to nothing more than a minor
when major transgressions occur.125 rhetorical change in China’s SCS policy. Not-
An LAC model would likely be harder to withstanding the small benefit to the United
implement in the SCS as a result of the fluid States’ international image, U.S. ratification
maritime terrain and the complex jumble of of UNCLOS is unlikely to have any effect on
maritime features in proximity to each oth- either the substantive SCS policies of claimant
er. Even so, by delineating de facto areas of states or the future course of the SCS dispute.
18

A PLEA FOR PERSPECTIVE na and Taiwan agree that the territory and waters
On July 4, 1821, Secretary of State John in the Nine-Dash Line belong to China—albeit
Quincy Adams sketched a powerful noninter- different Chinas—this report focuses on the sub-
ventionist vision of U.S. foreign policy. Adams stantive territorial and maritime disputes between
argued that although “freedom and indepen- China and the five Southeast Asian claimant states.
dence” for other nations invariably elicit U.S.
support, the United States does not go “abroad in 2. The Nine-Dash Line—which despite its name
search of monsters to destroy.”131 Whatever the often includes 10 dashes—encloses the area of
merits of Adams’s injunction against combating the SCS claimed by China. This U-shaped line
living monsters—or, in more common parlance, features in government-issued documents, in-
nations that seek to deny other nations their cluding passports and government-authorized
freedom and independence—the United States maps. See, for example, Jamil Anderlini and
should certainly not concoct imaginary mon- Ben Bland, “China Stamps Passports with Sea
sters to destroy. China’s expansive and uncom- Claims,” Financial Times, November 21, 2012,
promising SCS policy has had a negative net https://www.ft.com/content/7dc376c6-3306-11e2-
effect on international relations. Yet the inflated aabc-00144feabdc0#axzz4I7IP5Cel; and Michelle
threat that political leaders, policymakers, and Florcruz, “China’s New Vertical Map Gives Extra
experts commonly associate with China’s SCS Play to Disputed South China Sea Territories,”
policy risks drawing the United States into just International Business Times, June 25, 2014, http://
such a search for a phantom monster to destroy. www.ibtimes.com/chinas-new-vertical-map-
Contemporary security problems such gives-extra-play-disputed-south-china-sea-terri-
as Russia’s proxy war in Ukraine, the Syrian tories-1611550. The Chinese Communist Party
civil war, and the Islamic State’s occupation inherited what was originally the Eleven-Dash
of Mosul have all exacted steep costs. They Line from its nationalist predecessor, reduc-
have variously displaced populations, imposed ing the number of dashes to nine in 1953 by re-
famine and other forms of material depriva- moving two of the dashes between China and
tion, created global refugee crises, killed hun- Vietnam in the Gulf of Tonkin. See Chris P. C.
dreds of thousands of soldiers and civilians, Chung, “Drawing the U-Shaped Line: China’s
and caused trillions of dollars of damage to Claim in the South China Sea, 1946–1974,”
infrastructure and private property. Any real- Modern China 42 (2015): 19–20.
istic threat posed by China’s SCS policy pales
in comparison—no armies are being launched 3. “Top Trading Partners—November 2016,” For-
into battle, no civilians are being slaughtered, eign Trade website, U.S. Census Bureau, https://
and no cities are being reduced to rubble. The www.census.gov/foreign-trade/statistics/high
United States should remain alert to possible lights/toppartners.html.
security threats emanating from China’s SCS
policy. But a balanced threat assessment sug- 4. See, for example, “Kerry to Beijing: Further
gests that it poses only a modest danger. Provocations in South China Sea ‘Will Force Our
Hand,’” Japan Times, July 1, 2016, https://www.
japantimes.co.jp/news/2016/07/01/asia-pacific/
NOTES politics-diplomacy-asia-pacific/kerry-beijing-
1. The People’s Republic of China inherited the provocations-south-china-sea-will-force-hand/#.
Nine-Dash Line from China’s previous national- WZW6gT6GOUl; and Jesse Johnson, “Behind
ist government, which fled to Taiwan at the con- the Scenes, Tillerson Tones Down Rhetoric on
clusion of the Chinese Civil War. Thus, although South China Sea,” Japan Times, February 7, 2017,
China and Taiwan share the same territorial and http://www.japantimes.co.jp/news/2017/02/07/asia-
maritime claims in the SCS, they each believe these pacific/behind-scenes-tillerson-tones-rhetoric-
claims belong to a different China. Given that Chi- south-china-sea/.
19

5. Department of State, “China: Maritime Claims 7. “People’s Daily: China’s Historical Rights in the
in the South China Sea,” Limits in the Seas, no. South China Sea Must Be Respected by the ‘Con-
143, December 2014, p. 4; Council on Foreign vention,’” China News Service, May 23, 2016, http://
Relations, “China’s Maritime Disputes,” CFR www.chinanews.com/gn/2016/05-23/7879312.shtml;
InfoGuide Presentation, 2017, https://www.cfr. Xin Bin, “Xiangshan Forum Debates China’s Clear
org/asia-and-pacific/chinas-maritime-disputes/ Sovereignty over the South China Sea,” Global
p31345#!/p31345. Times, October 19, 2015, http://world.huanqiu.
com/exclusive/2015-10/7786502.html; “Statement
6. China acknowledges that the Natuna Islands of the Government of the People’s Republic of
are Indonesian territory, and Indonesia insists China on China’s Territorial Sovereignty and
that it does not have a territorial dispute with Maritime Rights and Interests in the South
China. See “China Acknowledges Natuna Owned China Sea,” State Council of the People’s Repub-
by RI,” Kompas, March 23, 2016, http://print. kom lic of China, July 12, 2016, http://www.gov.cn/
pas.com/baca/2016/03/23/China-Acknowledges- xinwen/2016-07/12/content_5090631.htm; M.
Natuna-Owned-by-RI. Nevertheless, China’s Taylor Fravel, Strong Borders, Secure Nation: Coop-
Nine-Dash Line and Indonesia’s claimed ex- eration and Conflict in China’s Territorial Disputes
clusive economic zone (EEZ) overlap for more (Princeton, NJ: Princeton University Press, 2008),
than 34,000 square miles. See M. Taylor Fravel, pp. 267–99; M. Taylor Fravel, “China’s Strategy in
Traditional Fishing Grounds and China’s Historic the South China Sea,” Contemporary Southeast Asia
Rights Claims in the South China Sea (Washing- 33 (2011): 292–319; Council on Foreign Relations,
ton and Seattle: Maritime Awareness Project, “China’s Maritime Disputes”; “Philippine Ship
2016). Moreover, on the basis of claims to “Chi- Dodges China Blockade to Reach South China
nese fishermen’s traditional fishing grounds,” Sea Outpost,” ABC News, March 30, 2014, http://
the Chinese Ministry of Foreign Affairs has www.abc.net.au/news/2014-03-30/an-south-china-
explicitly contested Indonesia’s claimed EEZ, sea/5355154.
stating in June 2016, “China and Indonesia have
overlapping claims for maritime rights and inter- 8. Ronald O’Rourke, Maritime Territorial and
ests.” See “Foreign Ministry Spokesperson Hua Exclusive Economic Zone (EEZ) Disputes Involving
Chunying’s Remarks on Indonesian Navy Ves- China: Issues for Congress (Washington: Congres-
sels Harassing and Shooting Chinese Fishing sional Research Service, 2016), pp. 27–28.
Boats and Fishermen,” Ministry of Foreign Af-
fairs of the People’s Republic of China, June 19, 9. Ibid.
2016, http://www.fmprc.gov.cn/mfa_eng/xwfw_
665399/s2510_665401/t1373402.shtml. Meanwhile, 10. Minnie Chan, “China Withdrew Missiles from
Indonesian President Joko Widodo said in South China Sea Island Ahead of Hague Ruling:
March 2015 that China’s Nine-Dash Line has Report,” South China Morning Post, July 23, 2016,
“no basis in any international law.” See “Indo- http://www.scmp.com/news/china/diplomacy-
nesian President Rejects China’s Nine-Dashed defence/article/1993472/china-withdrew-missiles-
Line,” Maritime Executive, March 23, 2015, http:// south-china-sea-island-ahead; Richard D. Fisher,
www.maritime-executive.com/article/indone “Imagery Suggests China Has Deployed YJ-62
sian-president-rejects-chinas-nine-dashed-line. Anti-Ship Missiles to Woody Island,” IHS Jane’s
Although Indonesia is not a party to territorial Defence Weekly, March 23, 2016; Asia Maritime
disputes to sovereignty over land features in the Transparency Initiative, “Airpower in the South
SCS and has no conflicting maritime claims with China Sea,” July 29, 2015, https://amti.csis.org/
any other claimant state aside from China, this airstrips-scs/; Asia Maritime Transparency
report considers Indonesia a party to the SCS Initiative, “Airstrips Near Completion,” January
dispute on the basis of conflicting Chinese and 14, 2016, https://amti.csis.org/airstrips-near-
Indonesian maritime claims. completion/.
20

11. “Wang Yi: Using the Arbitration to Apply Interest, June 6, 2015, http://nationalinterest.org/
Pressure Is Political Arrogance and Legal Bias,” feature/3-ways-china-the-us-could-go-war-the-
Ministry of Foreign Affairs of the People’s Repub- south-china-sea-13055.
lic of China, April 22, 2016, http://www.fmprc.gov.
cn/web/zyxw/t1357734.shtml; “Chinese Foreign 17. The mutual defense treaties that these states
Minister Wang Yi’s Speech on the So-Called Rul- share with the United States require that they
ing of the South China Sea Arbitration Tribunal,” “consult” with the United States and “act to meet
Ministry of Foreign Affairs of the People’s Re- the common danger” posed by “an armed attack.”
public of China, July 12, 2016, http://www.fmprc. See Treaty of Mutual Cooperation and Security
gov.cn/web/zyxw/t1379787.shtml. between the United States and Japan, January
19, 1960, Ministry of Foreign Affairs of Japan,
12. Fravel, Strong Borders, pp. 267–99. http://www.mofa.go.jp/region/n-america/us/q&a/
ref/1.html; Mutual Defense Treaty between the
13. Council on Foreign Relations, “China’s Mari- United States and the Republic of Korea, Octo-
time Disputes.” ber 1, 1953, Lillian Goldman Law Library, http://
avalon.law.yale.edu/20th_century/kor001.asp;
14. Ibid. Security Treaty between the United States, Aus-
tralia, and New Zealand (ANZUS), September 1,
15. Asia Maritime Transparency Initiative, “Up- 1951, Lillian Goldman Law Library, http://avalon.
dated: Imagery Suggests Philippine Fishermen law.yale.edu/20th_century/usmu002.asp; South-
Still Not Entering Scarborough Shoal,” October east Asia Collective Defense Treaty (Manila
27, 2016, https://amti.csis.org/china-scarborough- Pact), September 8, 1954, Lillian Goldman Law
fishing/; Martin Petty, “Exclusive: At Strategic Library, http://avalon.law.yale.edu/20th_century/
Shoal, China Asserts Power through Control, and usmu003.asp.
Concessions,” Reuters, April 10, 2017, http://www.
reuters.com/article/us-southchinasea-china- 18. Hillary Clinton, “America’s Pacific Century,”
philippines-exclu-idUSKBN17B124; Ely Ratner, Foreign Policy, October 11, 2011, http://foreignpolicy.
“Learning the Lessons of Scarborough Reef,” com/2011/10/11/americas-pacific-century/#sthash.
National Interest, November 21, 2013, http://nation BIgjtHDw.dpbs; White House Office of the
alinterest.org/commentary/learning-the-lessons- Press Secretary, “Remarks by President Obama
scarborough-reef-9442; “China-Philippines to the Australian Parliament,” November 17, 2011,
Navy Spat Captured on Camera,” BBC News, https://obamawhitehouse.archives.gov/the-
March 30, 2014, http://www.bbc.com/news/world- press-office/2011/11/17/remarks-president-obama-
asia-26806924; “China Oil Rig to Keep Drilling australian-parliament; Zheng Wang, Never Forget
in Waters Disputed with Vietnam,” Reuters, National Humiliation: Historical Memory in Chinese
August 25, 2015, http://www.reuters.com/article/ Politics and Foreign Relations (New York: Columbia
us-southchinasea-china-vietnam-idUSKCN0 University Press, 2012), pp. 197–201.
QU0UG20150825.
19. M. Taylor Fravel, The United States in the South
16. Mutual Defense Treaty between the United China Sea Disputes (Berlin: Stiftung Wissenschaft
States and the Republic of the Philippines, August und Politik, 2012).
30, 1951, Lillian Goldman Law Library, http://
avalon.law.yale.edu/20th_century/phil001.asp; 20. Johnson, “Tillerson Tones Down Rhetoric”;
Gregory B. Poling, Grappling with the South China Benjamin Haas, “Steve Bannon: ‘We’re Going
Sea Policy Challenge (Washington: Center for to War in the South China Sea . . . No Doubt,’”
Strategic and International Studies, 2015), p. 3; Guardian, February 2, 2017, https://www.theguard
Robert Farley, “3 Ways China and the U.S. Could ian.com/us-news/2017/feb/02/steve-bannon-
Go to War in the South China Sea,” National donald-trump-war-south-china-sea-no-doubt.
21

21. Phil Stewart, “Mattis Says No Need for Dra- Litai, “China’s Security Agenda Transcends the
matic U.S. Military Moves in South China Sea,” South China Sea,” Bulletin of the Atomic Scientists 72
Reuters, February 3, 2017, http://www.reuters. (2016): 212–21.
com/article/us-usa-trump-southchinasea-mattis
-idUSKBN15J061; Brendan Thomas-Noone, 30. Timothy A. Walton, China’s Three Warfares
Global Mattis: The New Secretary of Defense (Herndon, VA: Delex Systems, 2012).
(Sydney: United States Studies Centre, 2017).
31. David C. Gompert et al., War with China:
22. Erik Slavin, “Despite Navy Requests, No Thinking Through the Unthinkable (Santa Monica,
Operations Near Disputed South China Sea CA: RAND Corporation, 2016), p. 27.
Islands,” Stars and Stripes, May 3, 2017, https://
www.stripes.com/news/despite-navy-requests- 32. Jeff Stein, “Why Beijing Isn’t Backing Down
no-operations-near-disputed-south-china-sea- on South China Sea,” Newsweek, October 10, 2015,
islands-1.466466#.WYzXX1WGOUm; Megan http://www.newsweek.com/why-beijing-not-
Eckstein, “PACOM to Conduct South China backing-down-south-china-sea-381973.
Sea FONOPs ‘Soon,’ but Also Needs China to
Help with North Korea,” USNI News, April 26, 33. These tactics have also been labeled “pas-
2017, https://news.usni.org/2017/04/26/pacom-to- sive assertiveness.” See Townshend and Medcalf,
conduct-south-china-sea-fonops-soon-but-also- Shifting Waters.
needs-china-to-help-with-north-korea.
34. Gompert et al., War with China, p. 27.
23. Peter Baker, “Trump Abandons Trans-Pacific
Partnership, Obama’s Signature Trade Deal,” New 35. Asia Maritime Transparency Initiative, “Build
York Times, January 23, 2017, https://www.nytimes. It and They Will Come,” August 1, 2016, https://
com/2017/01/23/us/politics/tpp-trump-trade-naf- amti.csis.org/build-it-and-they-will-come/.
ta.html?_r=0.
36. Andrew S. Erickson, “Runway to the Danger
24. Christopher Yung and Patrick McNulty, China’s Zone? Lengthening Chinese Airstrips May Pave
Tailored Coercion and Its Rivals’ Actions and Responses: Way for South China Sea ADIZ,” China Analysis
What the Numbers Tell Us (Washington: Center for from Original Sources (blog), April 24, 2015, http://
a New American Security, 2015); Bill Hayton, The www.andrewerickson.com/2015/04/runway-to-
South China Sea: The Struggle for Power in Asia (New the-danger-zone-lengthening-chinese-airstrips-
Haven, CT: Yale University Press, 2014), p. 268. may-pave-way-for-south-china-sea-adiz-2/; Asia Mari-
time Transparency Initiative, “Airpower” (see note 10).
25. Fravel, Strong Borders, pp. 267–99 (see note 7).
37. Chan, “China Withdrew Missiles” (see note 10);
26. Ibid.; Hayton, South China Sea, p. 73. Fisher, “Imagery” (see note 10).

27. Ibid. 38. Chan, “China Withdrew Missiles”; Fisher,


“Imagery.”
28. Fravel, Strong Borders, pp. 267–99; Hayton, South
China Sea, p. 73; Yung and McNulty, China’s Tailored 39. Greg Austin, “Avoiding Groupthink on China,”
Coercion. Diplomat, October 20, 2016, http://thediplomat.
com/2016/10/avoiding-groupthink-on-china/.
29. Ashley Townshend and Rory Medcalf, Shift-
ing Waters: China’s New Passive Assertiveness in Asian 40. Beijing could pull numerous policy levers to
Maritime Security (Sydney: Lowy Institute for In- rally popular support without the risks associated
ternational Policy, 2016); John W. Lewis and Xue with sharply escalatory tactics, such as initiating a
22

military confrontation. Indeed, the most popular China Sea Ruling Could Revive Negotiations,”
policy responses to the SCS dispute identified by In Pursuit of Peace (blog), July 12, 2016, http://
opinion polling in China are relatively moderate blog.crisisgroup.org/worldwide/2016/07/12/
options like international publicity, economic sanc- landmark-south-china-sea-ruling-could-revive-
tions, and mass displays of dissatisfaction. Given negotiations/; International Crisis Group, Stir-
the popularity of these softer policy options—near- ring Up the South China Sea (IV): Oil in Troubled
ly twice as popular as “send in the troops”—they Waters Asia Report (Brussels: International Crisis
would likely allow the Chinese Communist Party Group, 2016); Alan Dupont and Christopher G.
to galvanize popular support in the event of a crisis Baker, “East Asia’s Maritime Disputes: Fishing in
without risking the serious economic and security Troubled Waters,” Washington Quarterly 37 (2014):
costs associated with military conflict. See Andrew 79–98.
Chubb, Exploring China’s “Maritime Consciousness”:
Public Opinion on the South and East China Sea Dis- 47. “Chinese Foreign Minister Wang Yi’s Speech.”
putes (Perth: Perth USAsia Centre, 2014), pp. 38–39.
48. “The South China Sea Arbitration (The Re-
41. Benjamin Herscovitch, Preserving Peace as public of the Philippines v. The People’s Republic of
China Rises II: Preparing for a Post-American Asian China),” news release, Permanent Court of Ar-
Order (Sydney: Centre for Independent Studies, bitration, July 12, 2016, p. 2, https://pca-cpa.org/
2014). wp-content/uploads/sites/175/2016/07/PH-CN-
20160712-Press-Release-No-11-English.pdf.
42. Austin, “Avoiding Groupthink.”
49. See, for example, Daniel Blumenthal, “What
43. Yung and McNulty, China’s Tailored Coercion Happened to China’s ‘Peaceful Rise’?” Foreign
(see note 24). Policy, October 21, 2010, http://foreignpolicy.
com/2010/10/21/what-happened-to-chinas-peace
44. “Charter of the United Nations (1945),” “Uni- ful-rise/.
versal Declaration of Human Rights (UDHR)
(1948),” and “United Nations Convention of the 50. “Ambassador to Sweden Chen Yuming’s Signed
Law of the Sea (LOSC) (1982),” in International Article in the ‘The Swedish Daily Paper’: ‘The Truth
Law and Politics: Key Documents, ed. Shirley V. Scott about the South China Sea,’” Embassy of the Peo-
(Boulder, CO: Lynne Rienner Publishers, 2006); ple’s Republic of China in Sweden, June 17, 2016,
General Agreement on Tariffs and Trade 1994, http://www.chinaembassy.se/chn/sgxw/t1373123.
World Trade Organization, https://www.wto. htm; “China’s Rights and Interests”(see note 7).
org/english/docs_e/legal_e/legal_e.htm; Stewart
Patrick, “World Order: What, Exactly, Are the 51. “Blue National Territory Dream,” CCTV,
Rules?” Washington Quarterly 39 (2016): 11–12. 2011, http://tv.cntv.cn/video/C10316/1b9904f2792
f4852ad80d8bd51d9bf28.
45. Patrick M. Cronin and Alexander Sullivan,
Preserving the Rules: Countering Coercion in Mari- 52. Freedom House, China Profile, “Freedom in
time Asia (Washington: Center for a New Ameri- the World 2017” website, https://freedomhouse.
can Security, 2015). org/report/freedom-world/2017/china; U.S.-China
Economic and Security Review Commission,
46. “The South China Sea Arbitration (The Re- 2016 Report to Congress (Washington: USCC, 2016);
public of the Philippines v. The People’s Republic of Thomas Lee, “Why China Protects Its Home-
China): Award,” Permanent Court of Arbitra- grown Tech Companies,” San Francisco Chronicle,
tion, July 12, 2016, p. 174, http://www.pcacases. October 23, 2015, http://www.sfchronicle.com/
com/pcadocs/PH-CN%20-%2020160712%20 business/article/Why-China-protects-its-home
-%20Award.pdf; Yanmei Xie, “Landmark South grown-tech-companies-6587101.php.
23

53. Lyle J. Goldstein, “China’s Putative Threat to Sea (Washington: Council on Foreign Relations,
U.S. National Security,” in A Dangerous World? Threat 2012), p. 4. Although widely cited in international
Perception and U.S. National Security, ed. Christopher reporting, this figure has an uncertain origin. As
A. Preble and John Mueller (Washington: Cato analysts have noted in relation to Australia’s trade
Institute, 2014), p. 55; Ryan D. Griffith, “States, interests in the SCS, the extreme difficulty of ac-
Nations, and Territorial Stability: Why Chinese curately calculating the value of cargo passing
Hegemony Would Be Better for International through the SCS means that the $5.3 trillion fig-
Order,” Security Studies 25 (2016): 519–45. ure should be considered with a healthy degree of
skepticism. See, for example, Daniel Flitton, “High
54. Andrew S. Erickson and Austin Strange, Seas Risk to Australia’s Trade with Asia Exagger-
“China’s Global Maritime Presence: Hard and Soft ated,” Sydney Morning Herald, February 7, 2016,
Dimensions of PLAN Antipiracy Operations,” http://www.smh.com.au/federal-politics/political-
China Brief 15, May 2015, https://jamestown.org/ news/high-seas-risk-to-australias-trade-with-
program/chinas-global-maritime-presence-hard- asia-exaggerated -20160204-gmltv3.html.
and-soft-dimensions-of-plan-antipiracy-operations/;
“China to Replace Japan as Second-Largest Funder 57. MarineTraffic.com, “Marine Traffic” website,
of U.N. Peacekeeping,” Japan Times, December 22, http://www.marinetraffic.com/en/ais/home/centerx:
2015, http://www.japantimes.co.jp/news/2015/12/22/ -12.0/centery:25.0/zoom:4; UCL Energy Institute
national/politics-diplomacy/china-replace- “Ship Map” website, https://www.shipmap.org/.
japan-second-largest-funder-u-n-peacekeeping/#.
WYzQ6FWGOUm; Ashley Kirk, “UN Peace- 58. Ibid.
keepers: How Many Personnel Does Each Coun-
try Contribute?” Telegraph, September 29, 2015, 59. Michael Green et al., Asia-Pacific Rebalance 2025:
http://www.telegraph.co.uk/news/worldnews/ Capabilities, Presence, and Partnerships (Washington:
asia/china/11898603/UN-peacekeepers-How-many Center for Strategic and International Studies,
-personnel-does-each-country-contribute.html; 2016), p. 19; Patrick M. Cronin, The Challenge
Hugh Jorgensen and Daniela Strube, China, the of Responding to Maritime Coercion (Washington:
G20 and Global Economic Governance (Sydney: Center for a New American Security, 2014), p. 17.
Lowy Institute for International Policy, 2014).
60. Green et al., Asia-Pacific Rebalance, p. 19.
55. “Case Concerning the Military and Paramili-
tary Activities in and against Nicaragua (Nicaragua 61. See, for example, Michael Wesley, “Australia’s
v. United States of America),” International Court of Interests in the South China Sea,” in The South China
Justice, June 27, 1986, http://www.icj-cij.org/docke Sea and Australia’s Regional Security Environment, ed.
t?sum=367&p1=3&p2=3&case=70&p3=5; Mariano Leszek Buszynski and Christopher Roberts (Acton:
Castillo, “Nicaragua May Revive $17 Billion Claim National Security College, 2013), pp. 47–48.
against U.S.,” CNN, July 22, 2011, http://www.cnn.
com/2011/WORLD/americas/07/21/nicaragua. 62. Greg Austin, “Why Beijing Poses No Threat
us.claim/. Other examples of the U.S. failure to act to South China Sea Commerce,” Straits Times,
in accordance with the principles of the rules-based May 28, 2015, http://www.straitstimes.com/opinion/
liberal world order include the 2003 invasion of why-beijing-poses-no-threat-to-south-china-sea-
Iraq and overreach of the United Nations Security commerce.
Council’s mandate in Libya in 2011. See, for exam-
ple, Gareth Evans, “Playing by the Rules in Asia,” 63. Mark Thirlwell, “The World’s Leading Trading
Strategist, April 27, 2016, https://www.aspistrategist. Nations,” Australian Trade and Investment Com-
org.au/playing-by-the-rules-in-asia/. mission, April 22, 2015, https://www.austrade.gov.
au/News/Economics-at-Austrade/the-worlds-
56. Bonnie S. Glaser, Armed Clash in the South China leading-trading-nations.
24

64. U.S. Energy Information Administration, 73. Sea-Seek—Google Maps Distance Calculator.
“China Is Now the World’s Largest Net Import-
er of Petroleum and Other Liquid Fuels,” Today 74. Ibid.
in Energy, March 24, 2014, https://www.eia.gov/
todayinenergy/detail.php?id=15531; “Top Iron 75. Two-Stroke Engines, p. 16.
Ore Exporters, Importers,” Reuters, January
27, 2012, http://in.reuters.com/article/ironore- 76. “Freedom of Navigation Program: Fact
exporters-idINL3E8CK1WK20120127; “China Sheet,” U.S. Department of Defense, March 2015,
Overtakes U.S. as Largest Crop Importer, WTO http://policy.defense.gov/Portals/11/Documents/
Data Show,” Bloomberg News, September 20, gsa/cwmd/DoD%20FON%20Program%20
2012, http://www.bloomberg.com/news/articles --%20Fact%20Sheet%20(March%202015).pdf;
/2012-09 -20/china-overtakes-u-s-as-largest- “United Nations Convention of the Law of the
crop-importer-wto-data-show. Sea (UNCLOS) (1982),” in International Law and
Politics: Key Documents, ed. Shirley V. Scott (Boulder,
65. International Chamber of Shipping, “Shipping CO: Lynne Rienner Publishers, 2006), pp. 723–
and World Trade” website, http://www.ics-shipping. 26 (Articles 17–26).
org/shipping-facts/shipping-and-world-trade.
77. “Freedom of Navigation (FON) Report for
66. World Shipping Council, “Top 50 World Fiscal Year (FY) 2015,” U.S. Department of De-
Container Ports,” http://www.worldshipping.org/ fense, April 19, 2016, http://policy.defense.gov/
about-the-industry/global-trade/top-50-world- Portals/11/Documents/gsa/cwmd/FON_Report_
container-ports; MarineTraffic.com, “Marine Traffic” FY15.pdf.
website; UCL Energy Institute “Ship Map” website.
78. Ibid.
67. Eric Heginbotham et al., The U.S.-China Mili-
tary Scorecard: Forces, Geography, and the Evolving 79. Ibid.
Balance of Power 1996–2017 (Santa Monica, CA:
RAND Corporation, 2015), pp. 117–18, 145; Lyle 80. “Law of the People’s Republic of China Con-
J. Goldstein, “The South China Sea Showdown: cerning the Territorial Sea and Contiguous Zone,”
5 Dangerous Myths,” National Interest, Septem- National People’s Congress of the People’s
ber 29, 2015, http://nationalinterest.org/feature/ Republic of China, http://www.npc.gov.cn/wxzl/
the-south-china-sea-showdown-5-dangerous- wxzl/2000-12/05/content_4562.htm; Jim Sciutto,
myths-13970; Austin, “Beijing Poses No Threat.” “Behind the Scenes: A Secret Navy Flight over
China’s Military Buildup,” CNN, May 26, 2015,
68. Heginbotham et al., Military Scorecard, pp. 117– http://edition.cnn.com/2015/05/26/politics/south-
18, 145; Goldstein, “South China Sea Showdown”; china-sea-navy-surveillance-plane-jim-sciutto/;
Austin, “Beijing Poses No Threat.” “Ministry of Foreign Affairs: China Has Indis-
putable Sovereignty over the Nansha Islands,”
69. Heginbotham et al., Military Scorecard; Austin, Xinhua, January 20, 2016, http://news.xinhuanet.
“Beijing Poses No Threat.” com/world/2016-01/20/c_128646639.htm.

70. Sea-Seek—Google Maps Distance Calculator, 81. See, for example, “Chinese Jets Intercept US
http://www.sea-seek.com/tools/tools.php. Spy Plane over South China Sea, Pentagon Says,”
BBC News, May 19, 2016, http://www.bbc.com/
71. Ibid. news/world-asia-36328464.

72. Propulsion Trends in Container Vessels: Two-Stroke En- 82. “Australia Conducting ‘Freedom of Naviga-
gines (Copenhagen: MAN Diesel & Turbo, 2013), p. 16. tion’ Flights in South China Sea,” BBC News,
25

December 15, 2015, http://www.bbc.com/news/ 88. Christopher J. McCarthy, Anti-Access/Area


world-australia-35099445. Denial: The Evolution of Modern Warfare (New-
port, RI: U.S. Naval War College, 2010); Dean
83. Sam LaGrone, “China Contests Pentagon Ac- Cheng, The U.S. Needs an Integrated Approach to
count of ‘Unsafe’ Intercept of U.S. Navy Surveil- Counter China’s Anti-Access/Area Denial Strategy
lance Plane by PLA Fighters,” USNI News, May (Washington: Heritage Foundation, 2014).
19, 2016, https://news.usni.org/2016/05/19/china-
contests-pentagon-account-unsafe-intercept-u-s- 89. McCarthy, Anti-Access/Area Denial; Cheng,
navy-surveillance-plane-pla-fighters. U.S. Needs an Integrated Approach.

84. Elisabeth Rosenthal and David E. Sanger, 90. “US ‘Freedom of Navigation’ Is Actually
“U.S. Plane in China after It Collides with Chi- ‘Rampant Freedom,’” Global Times, April 28, 2016,
nese Jet,” New York Times, April 2, 2001, http:// http://opinion.huanqiu.com/plrd/2016 - 04/
www.nytimes.com/2001/04/02/world/us-plane- 8830185.html.
in-china-after-it-collides-with-chinese-jet.html?
pagewanted=all; “US Says Sorry, China to Free 91. Anthony H. Cordesman and Joseph Kend-
Crew,” Guardian, April 11, 2001, https://www.the all, “How China Plans to Utilize Space for A2/
guardian.com/world/2001/apr/11/china.usa. AD in the Pacific,” National Interest, August 17,
2016, http://nationalinterest.org/blog/the-buzz/
85. “Pentagon Says Chinese Vessels Harassed how-china-plans-utilize-space-a2-ad-the-pacific-
U.S. Ship,” CNN, March 9, 2009, http://www. 17383.
cnn.com/2009/POLITICS/03/09/us.navy.china/
index.html?iref=24hours; David Alexander and 92. Li Zheng and Zhu Guoming, “Sanya City
Pete Sweeney, “U.S., Chinese Warships Narrowly Yazhou District People’s Armed Forces Advance
Avoid Collision in South China Sea,” Reuters, De- Maritime Militia Construction,” Ministry of Na-
cember 14, 2013, http://www.reuters.com/article/ tional Defense of the People’s Republic of China,
us-usa-china-ships-idUSBRE9BC0T520131214. January 26, 2016, http://news.mod.gov.cn/mili-
tia/2016-01/26/content_4637701.htm; Andrew S.
86. U.S. State Department, “Maritime Security and Erickson and Conor M. Kennedy, China’s Mari-
Navigation” website, https://www.state.gov/e/oes/ time Militia (Arlington, VA: CNA Corporation,
ocns/opa/maritimesecurity/; Luke Kawa, “This Ta- 2016), p. 27.
ble Shows What’s Happening with Chinese Trading
Partners All around the World,” Bloomberg Markets, 93. Simon Tisdall, “Little Blue Men: The Mari-
September 9, 2015, https://www.bloomberg.com/ time Militias Pushing China’s Claims,” Guard-
news/articles/2015-09-09/this-table-shows-what- ian, May 16, 2016, https://www.theguardian.com/
s-happening-with-chinese-trading-partners-all- world/2016/may/16/little-blue-men-the-mari-
around-the-world. time-militias-pushing-chinas-claims-in-south-
china-sea.
87. See, for example, Craig Whitlock, “Pen-
tagon: China Tried to Block U.S. Military Jet 94. Andrew S. Erickson and Conor M. Kennedy,
in Dangerous Mid-Air Intercept,” Washington “Countering China’s Third Sea Force: Unmask
Post, August 22, 2014, https://www.washington Maritime Militia before They’re Used Again,”
post.com/world/national-security/pentagon- National Interest, July 6, 2016, http://nationalin
china-tried-to-block-us-military-jet-in-danger terest.org/feature/countering-chinas-third-sea-
ous-mid-air-intercept/2014/08/22/533d24e8- force-unmask-maritime-militia-16860.
2a1b-11e4-958c-268a320a60ce_story.html?utm_
term=.789aa6e7a00a. 95. Ibid.
26

96. Ibid. the bulk of the SCS’s proven and probable hy-
drocarbon and natural gas reserves lie outside
97. See, for example, “South China Sea Arbitra- disputed territory. See “Contested Areas of
tion,” p. 10 (see note 48). South China Sea Likely Have Few Conventional
Oil and Gas Resources,” Today in Energy, U.S.
98. “Sovereignty over Nansha Islands” (see note Energy Information Administration, April 3,
80); Guo Yuandan, “Chinese Naval Commander 2015, https://www.eia.gov/todayinenergy/detail.
on the Implications of ‘South China Sea Core In- php?id=10651.
terests,’” Global Times, July 21, 2016, http://world.
huanqiu.com/exclusive/2016-07/9209224.html; 102. Jeffrey Bader et al., Keeping the South China
Caitlin Campbell et al., China’s “Core Interests” and Sea in Perspective (Washington: Brookings Insti-
the East China Sea (Washington: U.S.-China Eco- tution, 2014), p. 3.
nomic and Security Review Commission, 2013),
p. 4; Michael D. Swaine, “China’s Assertive Be- 103. Hayton, South China Sea, p. 53 (see note 24);
havior Part One: On ‘Core Interests,’” China Lead- J. Bruce Jacobs, China’s Frail Historical Claims to
ership Monitor 34 (2011): 8–9; “Southern Theater the South China and East China Seas (Washington:
Commander Vows to Defend the Sovereignty of American Enterprise Institute, 2014).
the South China Sea against 3 Possible Enemies,”
SINA, March 2, 2016, http://mil.news.sina.com. 104. Fravel, Strong Borders, p. 148 (see note 7).
cn/china/2016-03-02/doc-ifxpvysx1815900.shtml;
“Blue National Territory Dream” (see note 51); 105. The SCS dispute is qualitatively differ-
“China’s Rights and Interests” (see note 7). ent from the East China Sea dispute. Although
not necessarily indicative of official thinking,
99. Fravel, Strong Borders, pp. 267–99 (see note 7); Chinese academics have suggested that Beijing
Ratner, “Lessons of Scarborough Reef ” (see revisit the history of the Ryukyu Kingdom and
note 15). potentially claim not just the disputed Senkaku/
Diaoyu Islands but also other islands in the
100. Asia Maritime Transparency Initiative, Ryukyu Islands chain, including Okinawa. Harry
“Island Tracker” website, https://amti.csis.org/ Kazianis, “A New Chapter in Senkaku/Diaoyu
island-tracker/; Ashley Townshend, “The Stra- Islands Drama,” The Diplomat, May 10, 2013,
tegic Significance of China’s Woody Island http://thediplomat.com/2013/05/a-new-chapter-
Power Play,” National Interest, March 1, 2016, in-senkakudiaoyu-islands-drama/.
http://nationalinterest.org/blog/the-buzz/the-
strategic-significance-chinas-woody-island-power- 106. Bader et al., Keeping the South China Sea in
play-15363; Sam LaGrone, “China Reclaimed Land Perspective, p. 3; Douglas H. Paal, “Why the South
for South China Sea Anti-Submarine Helicopter China Sea Is Not a ‘Sudetenland Moment,’” The
Base Near Vietnam,” UNSI News, February 15, Diplomat, August 18, 2012, http://thediplomat.
2016, https://news.usni.org/2016/02/15/china- com/2012/08/why-the-south-china-sea-is-not-a-
reclaimed-land-for-south-china-sea-anti-sub- sudetenland-moment/.
marine-helicopter-base-near-vietnam; “China’s
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amti.csis.org/chinas-new-spratly-island-defenses/;
Erickson, “Runway to Danger Zone?”(see note 108. Sam LaGrone, “Spicer South China Sea
36); Asia Maritime Transparency Initiative, “Air- Comments Draw Negative Beijing Response,”
power” (see note 10). UNSI News, January 24, 2017, https://news.usni.
org/2017/01/24/spicer-south-china-sea-comments-
101. Recent authoritative analyses suggest that draw-negative-beijing-response; Stewart, “Mattis
27

Says No Need ” (see note 21); Thomas-Noone, to Boost Relations,” China Daily, January 2, 2017,
Global Mattis (see note 21). http://www.chinadaily.com.cn/china/2017-01/06/
content_27876394.htm.
109. Ted Galen Carpenter and Eric Gomez,
“China and East Asia,” in Our Foreign Policy Choices: 120. Sam Bateman, “Good Fences or Good
Rethinking America’s Global Role, ed. Christopher Neighbours in the South China Sea,” East Asia
A. Preble et al. (Washington: Cato Institute, Forum, August 18, 2016, http://www.eastasiaforum.
2016), p. 19. org/2016/08/18/good-fences-or-good-neighbours-
in-the-south-china-sea/.
110. Bader et al., Keeping the South China Sea in
Perspective, p. 3. 121. For additional details of how LAC agree-
ments would work in the SCS, see Benjamin
111. Carpenter and Gomez, “China and East Asia,” Herscovitch, “Hard-Headed Realism Needed in
p. 19. the South China Sea,” Business Spectator, August 13,
2014, http://www.theaustralian.com.au/business/
112. Lynn Kuok, The U.S. FON Program in the South business-spectator/hardheaded-realism-needed-
China Sea: A Lawful and Necessary Response to Chi- in-the-south-china-sea/news-story/5d5e6c7eec07
na’s Strategic Ambiguity (Washington: Brookings 0d912dca006d4dcbd9b4.
Institution, 2016), pp. 15–18.
122. Agreement on the Maintenance of Peace and
113. U.S.-Philippine Mutual Defense Treaty (see Tranquility along the Line of Actual Control in
note 16). the India-China Border Areas, September 7, 1993,
United Nations, http://peacemaker.un.org/sites/
114. Ibid. peacemaker.un.org/files/CN%20IN_930907_
Agreement%20on%20India-China%20Border
115. Fravel, Strong Borders, p. 279 (see note 7); Hay- %20Areas.pdf.
ton, South China Sea, p. 94 (see note 24); Poling,
Grappling with the South China Sea Policy Challenge, 123. Ibid.
p. 3 (see note 16); Michael McDevitt, “Analysis: Is It
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Shoal?” USNI News, July 19, 2016, https://news.usni. China along LAC since 2010,” Times of India, April
org/2016/07/19/take-position-scarborough-shoal. 23, 2013, http://timesofindia.indiatimes.com/
india/600-border-violations-by-China-along-
116. U.S.-Philippine Mutual Defense Treaty (see LAC-since-2010/articleshow/19687928.cms.
note 16); Poling, Grappling with the South China
Sea Policy Challenge, p. 3 (see note 16). 125. Even China’s 11-mile incursion—or “invasion,”
as it was dubbed by elements of India’s media—into
117. Hayton, South China Sea, pp. 121–50 (see Indian-controlled territory in 2013 resulted in swift
note 24). Chinese disengagement and a rare admission of er-
ror. See “In a First, Chinese Military Acknowledges
118. Ibid. 2013 Ladakh Incursion,” Times of India, July 31,
2014, http://timesofindia.indiatimes.com/india/
119. Roices Naguit, “PH Studying Joint Explo- In-a-first-Chinese-military-acknowledges-
ration of West Philippine Sea with China,” In- 2013-Ladakh-incursion/articleshow/39373721.cms.
terAksyon, January 4, 2017, http://interaksyon.
com/business/135837/watch--ph-studying-joint- 126. Bader et al., Keeping the South China Sea in
exploration-of-west-philippine-sea-with-china; Perspective, p. 9 (see note 102); Jerome A. Cohen,
Li Xiaokun, “Manila May Split S. China Sea Issue “Forecasting the Aftermath of a Ruling on China’s
28

Nine-Dash Line,” Foreign Policy, April 20, 2016, 129. Asia-Pacific Maritime Security Strategy (Wash-
http://foreignpolicy.com/2016/04/20/a-big-ruling- ington: Department of Defense, 2015), p. 2.
on-the-south-china-sea-nine-dash-line-draws-
near-beijing-philippines-japan-taiwan-after 130. Erik Slavin, “China Accuses US of Hypocrisy
math/. for Not Ratifying International Sea Law,” Stars
and Stripes, July 15, 2016, https://www.stripes.
127. Bader et al., Keeping the South China Sea in com/news/china-accuses-us-of-hypocrisy-for-
Perspective, p. 9 (see note 102); Cohen, “Forecast- not-ratifying-international-sea-law-1.419184#.
ing the Aftermath.” WYzKd1 WGOUk.

128. See, for example, Malcolm Jorgensen, “Is 131. John Quincy Adams, “‘She Goes Not Abroad
the US Congress the Main Impediment to a in Search of Monsters to Destroy,’” American
Rules-Based Order?” Interpreter, June 30, 2015, Conservative, July 4, 2013, http://www.theamerican
https://www.lowyinstitute.org/the-interpreter/ conservative.com/repository/she-goes-not-
archive. abroad-in-search-of-monsters-to-destroy/.

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