South China Sea Yes Conflict



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Just Rhetoric

No SCS Warno bloc formation and threats are just rhetoric.


Yilmaz 15 — Serafettin Yilmaz, Ph.D. from the International Doctoral Program in Asia-Pacific Studies at National Chengchi University, 2015 (“The South China Sea Dispute: Protracted but Warless,” Issue Briefings, Vol. 2, Accessible Online at https://storage.googleapis.com/scstt/publications/Issue-Briefings-2015-2-Yilmaz.pdf, Accessed On 07-11-2016)

Conclusion



It seems that the dispute in South China Sea will be a protracted one, but it will fall short of escalating into a major war for two major reasons. First, there has been no bloc formation in the region because of the nature of the dispute, which involves not a pair of actors but multiple parties with conflicting interests. This ensures that any confrontation remains local and small in scale albeit without any resolution in sight. Second, one can observe an obvious discrepancy between actors’ rhetoric and actions, especially as far as overlapping EEZ boundaries and historical island reclamation and development activities are concerned. This takes away most of the legitimacy sought by the parties in the international arena to reinforce their own arguments. Thus, the simultaneous lack of bloc formation and policy integrity have had a conflicting impact on the geopolitics of the SCS by, on the one hand, preventing a quick resolution, which causes the disputes to drag on, and on the other hand, forestalling escalation of the conflict into an armed confrontation in the SCS.

US Retreating

US is retreating in the SCS – we recognized their artificial islands


Cheng 15 – Dean Cheng, Journalist for Breaking Defense, November 29th 2015(“US ‘Steadily Retreating’ in South China Sea Dispute,” Breaking Defense, http://breakingdefense.com/2015/11/us-steadily-retreating-in-south-china-sea-dispute/, Accessed 6/29/16, AJ)

Reality now seems to be mirroring fiction, as the Administration steadily obscures what it means by the “rebalance” to Asia in the six weeks leading to the next episode of the “Star Wars” franchise. American B-52s and the USS Theodore Roosevelt carrier battlegroup both operated in the South China Sea recently, providing ample opportunity to conduct operations within 12 nautical miles of China’s artificial islands, and clearly sending the message to Beijing and the world of the seriousness with which the United States takes freedom of the seas.

960117-N-7729M-002 (December 20, 1995).... The U.S. Navy's aircraft carrier USS Theodore Roosevelt (CVN 71) conducts a weapons on-load with the ammunition ship USS Santa Barbara (AE 28) in the waters off the Virginia-Carolina coast, following her post deployment yard period, at the Norfolk Naval Shipyard, in Portsmouth, Virginia. Official U.S. Navy Photo by Photographer's Mate 2nd. Class Michael Tuemler

USS Roosevelt

After a stymied ASEAN Defense Ministers Meeting Plus, where China battled hard to stop the group from taking any stance on the South China Sea, Southeast Asia is clearly becoming the focal point of growing tensions between the United States and the People’s R epublic of China. As China continues to challenge the United States on the competing principles of sovereignty and freedom of the seas, the reefs, spits, rocks, and islands in the Spratlys have become the center of the battle



For the Chinese, the point is simple. As a Chinese admiral observed recently in London, “The South China Sea, as the name indicates, is a sea area that belongs to China. And the sea from the Han dynasty a long time ago where the Chinese people have been working and producing from the sea.” The issue is one of sovereignty, not only over the land and submerged features, but the waters, the “blue soil” that is encompassed within the “nine-dash line,” now more prominently noted in recent Chinese maps.

For the United States, the point is almost equally straightforward. Washington takes no position on the disputes over sovereignty in the South China Sea, but it is firmly committed to the principle of freedom of the seas. All states may use the high seas as they see fit, as they are free for use by all. Conversely, no state may arbitrarily seek to lay claim to swathes of the ocean—and reefs do not exert any justification for territorial claims, even if one builds an artificial island atop it.

Ostensibly as a show of commitment to the principle of freedom of the seas, the USS Theodore Roosevelt operated in the South China Sea, providing a perfect venue for Secretary of Defense Carter to make a speech on this issue. This comes a fortnight after the Administration finally authorized a US ship to transit waters near China’s artificial islands, five months after it stated that American ships would sail where they wished, and three years after the last freedom of navigation operation (FONOP).

Unfortunately, if several recent reports are to be believed, these American ship transits are demonstrating not strength, but weakness.

As it turns out, the USS Lassen reportedly did not engage in a FONOPS to demonstrate that the islands China has built exert no right to territorial waters reaching out 12 nautical miles. Instead, the U.S. ship reportedly conducted “innocent passage,” turning off its radars and grounding its helicopters as it transited within 12 nautical miles of the islands. Undertaking “innocent passage” is done only in another nation’s territorial waters.

In short, the United States, by its actions, may have actually recognized China’s claims. If the reports are correct, the United States treated the artificial island atop Subi Reef as though it were a naturally occurring feature, and therefore entitled to a 12 nautical mile band of territorial water. This is precisely the opposite of what had been announced.

Further obscuring the message, Administration sources are now claiming that it was both a FONOP and “innocent passage,” because the American ship was transiting waters near other islands occupied by various other claimants as well as going near Subi Reef. It would appear that the Administration was more intent on placating domestic concerns (e.g., the Senate Armed Services Committee) than in sending a clear signal.

Now, according to reports, the USS Theodore Roosevelt did not even sail within 200 nautical miles of the Chinese islands, instead avoiding the waters around them entirely. Similarly, the American B-52s underscoring freedom of navigation in the South China Sea took care to never approach more than 15 nautical miles from the artificial Chinese islands.

It is the final step in a pivot of American statements and actions that have charted a steadily retreating course. It has proceeded like this:

from Secretary of Defense Carter’s declaration at Shangri-La this May that “the United States will fly, sail, and operate wherever international law allows, as U.S. forces do all over the world;”

to the revelation to the Senate Armed Services Committee this summer that the United States, in fact, has not sailed or operated near China’s artificial islands for three years;

to the apparent concession on international law, five months later, by the Lassen’s “innocent passage” transit, effectively acceding to the Chinese version on the key principle of freedom of the seas;

to the apparent decision to have the USS Theodore Roosevelt and American B-52s avoid those waters and airspace altogether, a message that is being sent less than a month after the Lassen

Like it or not, the message that the White House is now repeatedly sending is that the United States, in fact, accepts that the Chinese artificial islands should be treated as national territory, like a natural feature. In short, the United States is acceding to China’s efforts to close off portions of the open ocean. Teddy Roosevelt’s catch-phrase, of course, was “Speak softly, but carry a big stick.” To deliver this craven message via the routing of a ship named for him adds a grotesquely ironic twist to the decision.


No SCS conflict - confrontation severely outweighs the benefits.


Li and Yanzhou 15 – Xue Li, Director of the Department of International Strategy at the Institute of World Economics and Politics, Chinese Academy of Social Sciences, Xu Yanzhou, doctorate from Durham University (UK) in December 2014 and studies international responsibility, South China Sea disputes, and Chinese foreign policy, June 19th 2015(“The US and China won’t see Military Conflict over the South China Sea,” The Diplomat, http://thediplomat.com/2015/06/the-us-and-china-wont-see-military-conflict-over-the-south-china-sea/, Accessed 7/1/16, AJ)

As a global hegemon, the United States main interest lies in maintaining the current international order as well as peace and stability. Regarding the South China Sea, U.S. interests include ensuring peace and stability, freedom of commercial navigation, and military activities in exclusive economic zones. Maintaining the current balance of power is considered to be a key condition for securing these interests—and a rising China determined to strengthen its hold on South China Sea territory is viewed as a threat to the current balance of power. In response, the U.S. launched its “rebalance to Asia” strategy. In practice, the U.S. has on the one hand strengthened its military presence in Asia-Pacific, while on the other hand supporting ASEAN countries, particularly ASEAN claimants to South China Sea territories.

This position has included high-profile rhetoric by U.S. officials. In 2010, then-U.S. Secretary of State Hilary Clinton spoke at the ASEAN Regional Forum in Hanoi about the South China Sea, remarks that aligned the U.S. with Southeast Asia’s approach to the disputes. At the 2012 Shangri-La Dialogue, then-Secretary of Defense Leon Panetta explained how the United States will rebalance its force posture as part of playing a “deeper and more enduring partnership role” in the Asia-Pacific region. In 2014, then-Secretary of Defense Chuck Hagel called out China’s “destabilizing, unilateral activities asserting its claims in the South China Sea.” His remarks also came at the Shangri-La dialogue, while China’s HY-981 oil rig was deployed in the waters around the Paracel Islands. In 2015, U.S. officials have openly pressured China to scale back its construction work in the Spratly islands and have sent aircraft to patrol over islands in the Spratly that are controlled by China. These measures have brought global attention to the South China Sea.

However, if we look at the practical significance of the remarks, there are several limiting factors. The interests at stake in the South China Sea are not core national interests for the United States. Meanwhile, the U.S.-Philippine alliance is not as important as the U.S.-Japan alliance, and U.S. ties with other ASEAN countries are even weaker. Given U.S.-China mutual economic dependence and China’s comprehensive national strength, the United States is unlikely to go so far as having a military confrontation with China over the South China Sea. Barack Obama, the ‘peace president’ who withdrew the U.S. military from Iraq and Afghanistan, is even less likely to fight with China for the South China Sea.

As for the U.S. interests in the region, Washington is surely aware that China has not affected the freedom of commercial navigation in these waters so far. And as I noted in my earlier piece, Beijing is developing its stance and could eventually recognize the legality of military activities in another country’s EEZ (see, for example, the China-Russia joint military exercise in the Mediterranean).

Yet when it comes to China’s large-scale land reclamation in the Spratly Islands (and on Woody Island in the Paracel Islands), Washington worries that Beijing will conduct a series of activities to strengthen its claims on the South China Sea, such as establishing an air defense identification zone (ADIZ) or advocating that others respect a 200-nautical mile (370 km) EEZ from its islands. Meanwhile, the 2014 oil rig incident taught Washington that ASEAN claimants and even ASEAN as a whole could hardly play any effective role in dealing with China’s land reclamation. Hence, the U.S. has no better choice than to become directly involved in this issue.

At the beginning, the United States tried to stop China through private diplomatic mediation, yet it soon realized that this approach was not effective in persuading China. So Washington started to tackle the issue in a more aggressive way, such as encouraging India, Japan, ASEAN, the G7, and the European Union to pressure Beijing internationally. Domestically, U.S. officials from different departments and different levels have opposed China’s ‘changing the status quo’ in this area.

Since 2015, Washington has increased its pressure on China. It sent the USS Fort Worth, a littoral combat ship, to sail in waters near the Spratly area controlled by Vietnam in early May. U.S. official are also considering sending naval and air patrols within 12 nautical miles of the Spratly Islands controlled by China.

Washington has recognized that it could hardly stop China’s construction in Spratly Islands. Therefore, it has opted to portray Beijing as a challenger to the status quo, at the same time moving to prevent China from establishing a South China Sea ADIZ and an EEZ of 200 nautical miles around its artificial islands. This was the logic behind the U.S. sending a P-8A surveillance plane with reporters on board to approach three artificial island built by China. China issued eight warnings to the plane; the U.S. responded by saying the plane was flying through international airspace.

Afterwards, U.S. Defense Department spokesman, Army Col. Steve Warren, said there could be a potential “freedom of navigation” exercise within 12 nautical miles of the artificial islands. If this approach were adopted, it would back China into a corner; hence it’s a unlikely the Obama administration will make that move.

As the U.S. involvement in the South China Sea becomes more aggressive and high-profile, the dynamic relationship between China and the United States comes to affect other layers of the dispute (for example, relations between China and ASEAN claimants or China and ASEAN in general). To some extent, the South China Sea dispute has developed into a balance of power tug-of-war between the U.S. and China, yet both sides will not take the risk of military confrontation. As Foreign Minister Wang Yi put it in a recent meeting with U.S. Secretary of State John Kerry, “as for the differences, our attitude is it is okay to have differences as long as we could avoid misunderstanding, and even more importantly, avoid miscalculation.”

For its part, China is determined to build artificial islands and several airstrips in the Spratlys, which I argue would help promote the resolution of SCS disputes. But it’s worth noting that if China establishes an ADIZ and advocates a 200 nautical miles EEZ (as the U.S. fears), it would push ASEAN claimants and even non-claimants to stand by the United States. Obviously, the potential consequences contradict with China’s “One Belt, One Road” strategy.

In February 2014, in response to reports by Japan’s Asahi Shimbun that a South China Sea ADIZ was imminent, China’s Ministry of Foreign Affairs hinted that China would not necessarily impose an ADIZ. “The Chinese side has yet to feel any air security threat from the ASEAN countries and is optimistic about its relations with the neighboring countries and the general situation in the South China Sea region,” a spokesperson said.

Since the “Belt and Road” is Beijing’s primary strategic agenda for the coming years, it is crucial for China to strengthen its economic relationship with ASEAN on the one hand while reducing ASEAN claimants’ security concerns on the other hand. As a result, it should accelerate the adjustment of its South China Sea policy; clarify China’s stand on the issue, and propose China’s blueprint for resolving the disputes.



The South China Sea dispute has developed a seasonal pattern, where the first half of the year is focused on conflicts, and the second half tends to emphasize cooperation. Considering its timing at the peak of ‘conflict season,’ the Shangri-La Dialogue serves as a hot spot. Since 2012, the Shangri-La Dialogue has become a platform for the U.S. and China to tussle on the South China Sea, with the U.S. being proactive and China reactive. (Incidentally, this partly explains why China is upgrading Xiangshan Forum as an alternative dialogue platform). This year was no exception, as the U.S. worked hard to draw the world’s attention to the Shangri-La Dialogue this year

Empirically Disproven

Reputation costs stop SCS war—no fighting since 88 despite escalating tensions


Huang, 15

(5/13, Chin-Hao, Political Science Professor-Yale, “Security Dimensions of China’s Relations with Southeast Asia,” Testimony before the U.S.-China Economic and Security Review Commission, http://www.uscc.gov/sites/default/files/Huang_Written%20Testimony_5.13.2015%20Hearing.pdf)



In the last few months, with many of the claimant states fortifying their claims in the South China Sea, it is curious that the conflict remains of relatively low frequency and intensity. What does restraint mean in practice, especially with regard to the absence of the use of force by claimant states in the South China Sea? Any proposal to militarize the dispute with the use of force contains great risk because an attempt to change any one aspect could open a Pandora’s Box of issues and bring the rival claimant states to the brink of war. The use of force also carries enormous social repercussions and costs that once triggered would amount to major status-loss, tarnished image and reputation regionally and globally. This aversion to be an outlier and pariah state in the international community alters the claimant states’ consideration on the use of force in settling the territorial disputes in the South China Sea. In particular, for China, the desire to attain the status of a major power also restrains its policy options on the maritime disputes. The identity of major powers has had different status markers. In contemporary international politics, major powers are often seen as those leading and upholding international institutions that contribute to stable interstate relations and global governance, as opposed to major powers of the past that rely purely on military conquests. This incentivizes China to uphold or at least not disrupt the status quo and to give pause or even abandon militarist tendencies. Even in such a high-tension, anarchic security environment, restraint by each of the claimant states may thus help explain why there have been no battle-related deaths between two armed forces in the South China Sea since the Fiery Cross confrontation in 1988. Instead, the claimant states have engaged with one another in other forms low-level contestation. In each year from 1994 to 2013 (see Graph 1 below), the number of incidents, including but not limited to surveillance, arrests, seizures, and expelling remained under double-digits. 1999 saw a total of seven incidents and clashesthe highest number during that timeframe – that occurred between claimant states in the South China Sea. Cumulatively, the Philippines accounted for 14 incidents involving the deployment of its naval vessels and surveillance planes, nearly twice as many times as China’s instigation in such incidents. For a region with what appears to be intensifying regional rivalries, it is remarkably surprising to see the low levels of incidents and minor clashes, let alone direct military confrontation.

No Escalation

No escalation – China and other states are choosing civilian deployments to ensure stability


Huang, 15

(5/13, Chin-Hao, Political Science Professor-Yale, “Security Dimensions of China’s Relations with Southeast Asia,” Testimony before the U.S.-China Economic and Security Review Commission, http://www.uscc.gov/sites/default/files/Huang_Written%20Testimony_5.13.2015%20Hearing.pdf)



More important, China’s more recent approach to enforcing its claims in the South China Sea has relied on the Coast Guard and other civilian agencies, rather than resorting to the People’s Liberation Army Navy (PLAN) forces. The Bureau of Fisheries Administration has increased the number of fleets in the South China Sea and Coast Guard patrols in the high seas have increased as well. But, to date, Beijing remains wary of deploying naval assets to defend its territorial claims, unlike in the late 1980s and early 1990s where it used armed forces as a first resort to resolve its competing claims in the South China Sea. Internally, a number of recent changes occurred to shape the decision-making processes with regards to the South China Sea. The establishment of a Central Leading Small Group on the Protection of Maritime Interests in 2012 drew senior officials from the State Oceanic Administration (SOA), Ministry of Foreign Affairs (MFA), Ministry of Public Security (MPS), Ministry of Agriculture (MOA), and the PLA Navy. Most notably, a majority of the officials in the working group represent civilian agencies and interests and serve as a counterweight to armed and naval forces in the decision-making process. At the National People’s Congress in March 2012, Chinese officials also formalized plans to restructure China’s main maritime law enforcement agencies. In particular, four of the major maritime law enforcement forces (e.g., SOA maritime surveillance forces; MPS coast guard forces; MOA fishery enforcement forces, and custom administration’s maritime antismuggling police) will be merged as part of SOA with operations supervised by MPS. Relying on these civilian agencies appears to be a deliberate choice and suggests that China has sought to limit the potential for escalation through how it chooses to enforce its claims to maritime rights. On the other hand, an explicit shift to using naval assets – and replacing them with civilian and other law enforcement agencies – against fishing vessels and naval forces from other claimant states in the South China Sea would point to greater Chinese assertiveness. Interestingly, the Philippines and Vietnam, two of the key claimant states in the South China Sea, have also been placing greater efforts to build up their coast guards (see Table 1 below) and exercise a greater degree of restraint from deploying their naval forces, all the while military expenditures on hard naval and military assets remain relatively constant in the last ten years from 2005-2014, as measured through defense spending as percentage of key Southeast Asian government’s spending (see Graph 2 below). The Philippines’ Coast Guard, for example, will expand to 10,000 personnel by 2016 and its operational budget of nearly $100 million for 2014. Additionally, the Philippine Coast Guard will continue to make new acquisitions of patrol and coastal combatant equipment from Japan, Australia, and the United States in the coming years. Likewise, Vietnam’s National Assembly recently allocated nearly $750 million from its 2013 State and Central budget for its fisheries surveillance and coast guard forces. Joint training of regional coast guards with countries like Japan has also taken place or is in the planning phases.

That reflects a deep consensus among Chinese strategists


Huang, 15

(5/13, Chin-Hao, Political Science Professor-Yale, “Security Dimensions of China’s Relations with Southeast Asia,” Testimony before the U.S.-China Economic and Security Review Commission, http://www.uscc.gov/sites/default/files/Huang_Written%20Testimony_5.13.2015%20Hearing.pdf)

More important, in China, a number of influential military strategists have also concurred with the need for more robust civilian forces and agencies to help patrol the maritime borders in the South China Sea. In “Notes on Maritime Security Strategy in the New Period in the New Century,” for example, a notable article published in China’s most prestigious military journal, 中国军事科学 [China Military Science] argues, “to safeguard the EEZ, it is not usual to employ military forces. If military forces are employed, they will often expand the scope of the incident, causing the situation to become more and more complicated … To resolve such problems, many countries have coast guards.” Moreover, the piece is quite emphatic in stating that negotiation has been and will remain China’s approach to maritime territorial disputes, asserting that “Since the founding of the new China, under the direction of Mao … Deng … Jiang … and Hu … the Chinese government has used the foreign policy instruments of ‘negotiations, declarations of differences, and adopting measures to build trust’ … which has yielded obvious successes … resolving to a large extent the problems of maritime rivalry and preventing hidden dangers.” The article, published in such a high profile journal on a topic of great sensitivity, reflects the emerging consensus in China’s senior military leadership circle.

China Moderating

China moderating—not escalating—on SCS


Huang, 15

(5/13, Chin-Hao, Political Science Professor-Yale, “Security Dimensions of China’s Relations with Southeast Asia,” Testimony before the U.S.-China Economic and Security Review Commission, http://www.uscc.gov/sites/default/files/Huang_Written%20Testimony_5.13.2015%20Hearing.pdf)



A number of analyses published in China have also been advocating for continuing China’s moderate and non-confrontational stance, and also to work with ASEAN partners for a measured resolution to the South China Sea conflict. For example, such views are evident in an analysis with the title “On the ‘Seeking Joint Development’ Issue in the South China Sea,” published in in the official journal, 海洋 开发与管理 [Ocean Development and Management] of the State Oceanic Administration. The expert suggests, “a policy of ‘joint development’ will help to realize our major objective in the South Sea, and will thus have major significance for our country’s social and economic development.” In a surprisingly candid appraisal of the current situation prevailing in the South China Sea, the author notes: “As China’s comprehensive national strength has increased along with its military capabilities and its requirements for energy resources, so ASEAN states’ anxiety about a China threat has been increasing by the day since independently they have no prospect to balance against China. … [They have taken steps] to unite together in order to cope with China …[But China] has openly stated that it will not be the first to resort to the use of force in the South Sea dispute.” This observation is significant in that it concedes that Beijing needs to heed ASEAN’s anxieties and work collaboratively especially when there is a regional consensus to do so. Most notably, China’s turn in Southeast Asia toward moderation was part of broader evaluation of China’s policies toward the countries and organizations along its periphery. A high-level, closed-door two-day meeting on this subject in late October 2013the first such meeting known to specialistswas attended by all members of the party’s standing committee. After the meeting closed, Xinhua news agency reported on a speech delivered by Chinese President Xi Jinping, though the full deliberations of the meeting remained unavailable. Subsequent official media and experts noted the problems China faced along its eastern periphery, suggesting that the new tack toward Southeast Asia is designed to ease the problems in the South China Sea, especially through working with ASEAN members to set aside the sovereignty question and instead focus on ways to manage and jointly develop and govern the global commons in the South China Sea.

A2 Miscalc

No SCS miscalc - Empirics prove. Increased presence of CG ships actually results in less potential for conflict.


Stashwick, 15

Steven, spent 10 years on active duty as a U.S. naval officer, made several deployments to the Western Pacific, and completed graduate studies in international relations at the University of Chicago. He is a Lieutenant Commander in the U.S. Navy Reserve.2015 (“South China Sea: Conflict Escalation and ‘Miscalculation’ Myths,” The Diplomat, September 25, 2015, Accessible Online at: http://thediplomat.com/2015/09/south-china-sea-conflict-escalation-and-miscalculation-myths/, Accessed 6/30/16, DSF)



In Asia, there is recent and dramatic precedent for restraint, even after an unambiguously hostile local event, which belies theoretical arguments about the risk of miscalculation and unintended escalation. When the South Korean warship Cheonan was sunk in 2010, South Korea determined that North Korea was responsible. Far from a mere ‘incident’ of the sort worried over in the South China Sea, this was a belligerent act against South Korea’s armed forces. And yet, there was no miscalculation-fueled conflict spiral, and instead a strategically calibrated response.

It remains unknown whether the sinking of the Cheonan was ordered by the North Koreans (they continue to deny any responsibility), the act of a renegade, or, perhaps least plausibly, an accident. What is clear is that despite a sunken ship and 46 sailors killed, the incident did not spiral out of control. This suggests that South Korea’s political calculus did not view militarily punishing North Korea worth the risk of a renewed – and potentially nuclear – war, which is to say that an extraordinary but tactical-level event did not trump strategic preferences.

Even so, some take the miscalculation-escalation dynamic so far as to suggest that incidents between fishing vessels and coast guards in the South China Sea might lead to war. In view of the Cold War record and the recent Cheonan example, such propositions are drastically overstated. It is conceivable that a state already resolved to escalate a dispute militarily might view a local maritime incident as a convenient casus belli. But in that emphatically calculated case, no institutional impediments to such incidents would prevent the hostility.

On the contrary, the prevalence of coast guards and fishing vessels is actually a sign of restraint. For a front so often considered a “flashpoint,” it is notable how few incidents in the South China Sea are between naval assets. This is not accident or luck, but instead suggests that regional players deliberately use lightly armed coast guard and other para-military “white hull” vessels to enforce their claims. Because these units do not have the ability to escalate force the way warships do, it in fact signals their desire to avoid escalation. And while “gray hull” naval vessels may be just over the horizon providing an implicit threat of force, they can also provide a further constraint on potential incidents; their very presence compels parties to consider how far to escalate without inviting more serious responses.

As in the Cold War, parties in the South China Sea have sought diplomatic mitigation of maritime incidents, principally through the perennially-stalled Code of Conduct, the year-old Code for Unplanned Encounters at Sea (CUES), and the bilateral Military Maritime Consultative Agreement between the U.S. and China. But underpinning concerns about miscalculation and escalation­, and mitigation efforts like CUES, is the idea that by avoiding incidents the region will avoid war. This belief is dangerous insofar as it conflates the symptoms of the disputes (incidents at sea) with the terms of the dispute itself (maritime rights and sovereignty). Incidents and the activities that precipitate them help establish new and accepted regional norms and “facts on the ground” (bloodlessly, if inelegantly). In that sense, avoiding incidents sets back the de facto resolution of the disputes. Since the balance of these evolving norms and facts on the ground appears to favor China’s efforts (e.g., using its coast guard to eject fishing vessels from disputed waters and island reclamation projects), it is neither surprising that China’s regional rivals propose institutional remedies like CUES and the Code of Conduct, nor that China only agrees to them after negotiating away any legally binding provisions.

The record suggests that miscalculation concerns over incidents in the maritime realm are exaggerated and can artificially increase tensions, raise threat perceptions, and justify arms build-ups. Whether an incident is deliberate, or a true organic accident, if it occurs within a dispute context where neither side desires armed conflict, it will not escalate at the strategic level. However, because of the very seriousness of that perceived escalation threat, the miscalculation narrative can also motivate positive diplomatic efforts like INCSEA, DMA, and now CUES (not to overstate their realistic contribution to resolving disputes).

Further, for all its conceptual and historical problems, and not least its potential to feed narratives of aggression, another possible advantage of focusing on “miscalculation” in the South China Sea is that it allows countries to maintain ambiguity about the real terms of dispute. Avoiding war is a distinct objective from “solving” disputes; war is a dispute resolution mechanism after all. But if peace is the priority, ambiguity may be preferable if all that clarity reveals is just how intractable those disputes may be. Clarity can rob governments of the flexibility to equivocate to their domestic audiences (and competitors) and force a choice between escalating a conflict and backing down from their claims. Then open conflict might become more realistic. Conversely, if all parties are more or less content to live with ambiguity in the region’s maritime claims, then a somewhat mutually dissatisfying peace prevails, but peace nonetheless. Everyone wants to win, but as long as everyone also wants to avoid losing even more, occasional incidents do not have to fuel strategic tension.

A2 Resources

No energy war – trends and structural incentives ensure cooperation


Huang, 15

(5/13, Chin-Hao, Political Science Professor-Yale, “Security Dimensions of China’s Relations with Southeast Asia,” Testimony before the U.S.-China Economic and Security Review Commission, http://www.uscc.gov/sites/default/files/Huang_Written%20Testimony_5.13.2015%20Hearing.pdf)



Vietnam contests China’s occupation of the Paracels even though it lost the battle there against China in 1974, and as such, Hanoi ignores any potential jurisdiction emanating from those features in the Paracels themselves and cites that the Chinese oil rig violates its own coastline’s EEZ of 200 nautical miles. Interestingly, maritime jurisdiction flows from sovereignty over land territory, not the reverse. If Vietnam has no jurisdiction in those particular features in the Paracels (e.g., Triton Island), then it has limited administrative role over the Paracels. Claims of violation of Vietnam’s EEZ may thus be an effort to blur the juridical waters and gain regional and international support for a rather weak sovereignty claim on Hanoi’s part. It appears that China’s tit-for-tat strategy stems from Vietnam’s decision to license oil blocks and concessions in the disputed waters, a number of which took place in the mid- to late-1990s. For example, Vietnam awarded concessions and contracts to at least nine international, major oil and natural gas exploration companies during that period. In the last few years, Vietnam had also invited ExxonMobil to develop the Ca Voi Xanh gas field in the contested Blocks 117, 118 and 119 in the South China Sea, all of which are in close proximity to where the Chinese Haiyang Shiyou 981 oil rig was operating (and hence the islands and features that China has been occupying since 1974). Vietnam has also ongoing joint cooperation and development projects with India’s ONGC Videsh Limited (Block 128), Russia’s Gazprom (Blocks 129-133), and ExxonMobil (Blocks 156-158). What is perhaps most interesting is that these major oil and gas blocks lie in Vietnam’s continental shelf, but a number of them also overlap with China’s actual territorial waters, given its longstanding presence on a number of the islands and features in the Paracels. Moreover, if ramming by fishing boats constitutes as theuse of force,” then both China and Vietnam, engaged in such low-intensity, tit-for-tat strategy during the oil rig incident, appear to have violated UNCLOS. Their behavior also violates such regional norms and agreements as the Treaty of Amity and Cooperation (TAC) in Southeast Asia and the 2002 ASEAN Declaration on the Conduct of Parties in the South China Sea, which bound all claimant states to resolve the territorial and jurisdictional disputes through peaceful means and to exercise self-restraint in the conduct of activities that would complicate or escalate disputes. 10 The extent to which the oil rig imbroglio generated heightened concerns about China’s aggressive territorial ambitions in the South China Sea thus needs to be more carefully analyzed. As discussed, the presence of the oil rig in of itself did not reflect a fundamental shift toward a more zero-sum attitude toward maritime affairs in the South China Sea. And, with regard to the ramming incidents, both sides deployed civilian and fishing ships first, instead of their naval assets to counter and respond to each other’s fishing boats and vessels. The incident escalated bilateral and regional tensions but fell short of drawing in military forces to settle the dispute. Moreover, pundits are quick to point out that as a rising economic powerhouse, China has a voracious appetite for oil, and as such it is taking all means necessary to compete against and eliminate regional rivals and claimant states from gaining access to the oil and other natural resources found in the sea bed of the South China Sea. If such logic holds, then China should be expected to take on more aggressive, unilateral, and coercive measures to protect and pursue its material interests across the entire South China Sea. Contrary to conventional wisdom, however, the data and analysis from the U.S. Energy Information Agency estimates that most fields containing discovered oil and natural gas are clustered in the uncontested parts of the South China Sea, close to shorelines of the coastal countries, and not near the contested outposts in the Spratlys or the Paracel Islands in the South China Sea (see Graph 3 above). The South China Sea may have additional oil and other resources like natural gas in underexplored areas, with an estimate of around 12 billion barrels of oil and 160 trillion cubic feet of natural gas, or just about 3 to 4 percent of the world’s undiscovered conventional oil and gas resources (see Graph 4 above). These resources, however, are not considered commercial reserves at this time, and extracting them bear extremely high costs and risks and are not deemed economically feasible. Interestingly, in Reed Bank, an area in the South China Sea that is claimed by the Philippines, China, Taiwan, and Vietnam and that has nearly one-fifth of the undiscovered resources, the Philippines and China have initiated discussions for joint exploration of the area. While the underlying tensions between the two claimant states have yet to resolved – each side still maintains some form of jurisdiction over Reed Bank – the initial discussions for joint development is a modest approach to shelve territorial disputes temporarily and to focus on joint development.

A2 Core Interest

Its not viewed as a core interest


Huang, 15

(5/13, Chin-Hao, Political Science Professor-Yale, “Security Dimensions of China’s Relations with Southeast Asia,” Testimony before the U.S.-China Economic and Security Review Commission, http://www.uscc.gov/sites/default/files/Huang_Written%20Testimony_5.13.2015%20Hearing.pdf)

Relatedly, in 2010, it was reported that China had labeled the South China Sea as acore interest,” on par with sensitive territorial issues like Tibet, Xinjiang, and Taiwan. Yet, to date, no senior Chinese leader has ever publicly described the South China Sea as a core interest, although it may have been discussed in one or more private meetings between U.S. and Chinese officials. An official report in Xinhua in 2011 indicated that China “has indisputable sovereignty over the (South China) sea’s islands and surrounding waters, which is part of China’s core interests.” In this 7 context, the article to territorial sovereignty over the islands and the related 12nautical mile territorial waters (maritime space over which states exercise immediate sovereignty under UNCLOS), and not to the South China Sea as a whole, furthering the point on the limitations of its nine-dash line claims. Senior Chinese leaders have subsequently reaffirmed that China’s approach to the disputes in the South China Sea should remain based on the former Chinese leaders Deng Xiaoping’s guideline of “sovereignty is ours, set aside disputes, pursue joint development.” Shortly after a summit in July 2011 of Southeast Asian leaders, for example, a high-profile and authoritative collection of essays and thoughts by senior officials affirming Deng’s guiding principles on the South China Sea was publicly released, providing key insights into subtle but important signs of moderation a further effort to reduce tensions.



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