Professional Documents
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Inherency
The U.S. is not enforcing red lines in the SCS now
Jennings 15 (Peter, director of the Australian Strategic Policy Institute, The International
Community & the Strategic Balance in the South China Sea, https://csis-prod.s3.amazonaws.com/s3fspublic/legacy_files/files/publication/151110_Hiebert_ExaminingSouthChinaSea_Web.pdf)
Advantage 1 is Leadership
China is dominating the South China Seas now The U.S.
has not communicated strict red lines to China, focusing
instead on shoring up Southeast Asian competitors That
policy fails & a new diplomatic focus is needed; 2016 is
key
Thomson 3/23 (Jason, staff @ Christian Science Monitor, 2016, China's hold on South
China Sea tightening, http://www.csmonitor.com/World/Global-News/2016/0323/China-s-holdon-South-China-Sea-tightening?cmpid=push004s)
The saga of the South China Sea twists and turns, with a flurry of
developments this week peppering the region that China seeks to
dominate. Taiwan invited international journalists to an island in a bid to
prove it was habitable, and the Philippines agreed to open up five
military bases to station US troops the first to set up house on the
archipelago in almost 25 years. And in what may be the oddest twist, China
had a maritime confrontation with Indonesia, one of the few countries in the
area with whom it previously had no territorial disputes. What were
seeing here is the emergence of the underlying trends were going
to see this year, says Gregory Poling, director of the Asia Maritime
Transparency Initiative at the Center for Strategic and International Studies,
in a telephone interview with The Christian Science Monitor. The big
events of 2016, says Mr. Poling, will be the ruling of an international
tribunal, the Permanent Court of Arbitration in The Hague, on the
Philippines territorial dispute with China (which China intends to ignore ) and
in the next few years is less about pushing the US military out of the
area (though that is the long-term naval strategy), says Poling, but rather
about achieving administrative domination of the seas , so other
Southeast Asian nations can do little without seeking Chinese permission.
And, as The Economist notes, where China used to seek to divide
The
Peoples Liberation Army is keen to develop the ability to push the United
States armed forces beyond the first island chain, the United States is
seeking ways to counter anti-access and area-denial capabilities. The nations
along the first island chain, which comprises the archipelagic Asian countries
from Japan down through maritime Southeast Asia, are in a quandary over
how to defend their own sovereignty in the face of an increasingly capable
Chinese military backed by a regime that may want the rules to be made in
Beijing. The perception of Chinas rise and Americas decline is
fueled by many sources, including the 2008 global financial crisis and
Chinas widely reported success in cyber espionage; coming off protracted
ground wars in Iraq and Afghanistan, the United States looks like a
beyond the straits of the Indonesian archipelago, its waters are both a
strategic waterway and a soft underbelly for China. It is here that Chinese sea
power assertions will be focused in coming years. Asias regional
security outlook has deteriorated steadily since Chinas 2009
promulgation of its so-called Nine-dash line covering 90% of the
South China Sea. This claim is based purely on Chinas interpretation of
history and unrelated to any UNCLOS-based continental shelf or other
maritime jurisdictional claims.
Chinas economic and military rise over the past two decades
has unquestionably increased its influence in the Asia-Pacific region
and beyond. The debate as to whether this will result in cooperation or
military conflict between China and the United States and its regional allies
has been the focus of countless studies, reports, and high-level discussions
among political and military officials. Changes in the relative
The standoff ended when the Philippines and China withdrew these civilian
vessels mid-June. However, the volatile situation in the South China
The United States, its allies, and its partners face an intertwined series of
challenges in the South China Sea. This nested series of issues is most clearly
manifest in Chinas recent (and continuing) island-creation and expansion in
the South China Sea. Chinas island-dredging is itself only a
more versatile platforms are more expensive. In DoD terminology, the Navy
is no certainty it would not utilize the same economic strongarm tactics used against Japan to secure its objectives.
Promoting the rule of law and equal access by all countries to
the maritime commons will require a far more comprehensive
set of activities from the United States. The first need, as noted by
several contributors at War on the Rocks, is that the United States will
need to pursue policies that demonstrate to China that its
actions in the South China Sea risk escalation. As long as China
sees little risk of escalation in its actions, it will have little reason to refrain
from provocation. Second, my colleague Zack Cooper is right that the United
States needs gray hulls for gray zones. To be truly effective, the United
States (and countries in Southeast Asia) will also need more hulls so that they
are present more often for more time. Doing so will require the United States
to carefully consider what the rules of engagement are, and the latitude
given to ship commanders.
Advantage 2 is Reefs
Contradictory messages reinforce Chinese island building,
rather than challenge it
Graham 15 (Euan, PhD, Dir of the Lowy Institute, 10/19, SOUTH CHINA SEA DISPUTE:
US CHALLENGE MAY FALL INTO CHINA TRAP, http://www.lowyinstitute.org/publications/southchina-sea-dispute-us-challenge-may-fall-china-trap)
navigation remains hampered by the Senate's failure to ratify the treaty. Also,
China is not the only Asian state engaged in creeping maritime jurisdiction.
The US has previously conducted FON operations in waters claimed by
several south-east Asian countries. Any US operational assertion in the
Spratlys should also include features occupied by them, to demonstrate that
China is not being singled out arbitrarily. Assuming the US FON action,
or possibly a sustained operational program, goes ahead and achieves its
basic demonstration aims, restoring a measure of US credibility
University of South Florida, said sediment can wash back into the
sea, forming plumes that can smother marine life and could be
laced with heavy metals, oil and other chemicals from the ships
and shore facilities being built. Such plumes threaten the biologically
diverse reefs throughout the Spratlys, which Dr. Muller-Karger said may
have trouble surviving in sediment-laden water.
The daily dumping of landfill with sand dug from nearby reefs
by Chinese laborers upsets the marine ecology of the region,
completely destroying the formed coral reefs aging hundreds of
millions of years, said Le Van Cuong, former director of the Institute for
Strategy and Science and a recognized authority on the South China Sea.
Beijing stakes claim: China has upset its neighbors by moving oil rigs into
disputed territory in the South China Sea. (Associated Press) At the same
time, these actions destroy the habitat of many marine species.
Overfishing occurs when more fish are caught than the population can replace through natural
overfishing
has serious consequences. The results not only affect the balance of life in
the oceans, but also the social and economic well-being of the coastal communities who
depend on fish for their way of life. Billions of people rely on fish for protein, and
fishing is the principal livelihood for millions of people around the world. For centuries, our
reproduction. Gathering as many fish as possible may seem like a profitable practice, but
seas and oceans have been considered a limitless bounty of food. However, increasing fishing efforts over
Without the oceans, Earth is just another rock in space. Human survival
depends on healthy oceans. They produce up to 70% of the oxygen we
breathe, provide essential protein for billions, and absorb vast quantities of
carbon from greenhouse gases. They make our planet habitable. Yet we know
more about the dark side of the moon than the depths of the ocean. While
robots patrol Mars and billion-dollar missions probe deeper into space, 95% of
our oceans remain unexplored and largely unknown. We know with certainty,
however, that our oceans are sick. Mass displacement of marine species from
warming seas, expanding dead zones from chemical pollution, eight-million
tons of animal-choking plastic garbage dumped every year, rapidly increasing
acidification, and gross overfishing all threaten the extinction of entire
ecosystems in our lifetime. Meanwhile, rising sea levels risk overwhelming
coastal metropolises and weather-inflicted catastrophes are growing in force
and frequency. These are symptoms of serious illness. Untreated, Earth will
become uninhabitable.
present suffering. Can you explain why? Bostrom: Well suppose you have a moral view that
counts future people as being worth as much as present people . You might say that
fundamentally it doesn't matter whether someone exists at the current time or at
some future time, just as many people think that from a fundamental moral point of view, it
doesn't matter where somebody is spatially---somebody isn't automatically worth less
because you move them to the moon or to Africa or something. A human life is a human life. If
you have that moral point of view that future generations matter in proportion to their population
ordinary standards.
Its not too late for a diplomatic solution to save reefs &
recover fish stocks
Holmes 15 (Oliver, 6/28, staff @ The Guardian, South China Sea Images reveal impact on coral of
Beijing's military bases, http://www.theguardian.com/world/ng-interactive/2015/sep/17/south-china-seaimages-reveal-impact-on-coral-of-beijings-military-bases)
Prof Terry Hughes, a coral specialist, says the image of Subi Reef is
particularly worrying. Building new manmade islands on top of
shallow reefs is smothering them with sediment, and turning clear
water muddy the environmental damage is substantial and unprecedented
in scale, he says. Coral reefs in the South China Sea are
increasingly threatened by overfishing and climate change, and
now they will struggle to cope with this additional impact of massive amounts
of dredging to create new military outposts. What we need is a
Plan
The United States federal government will convey through
diplomatic channels to the Peoples Republic of China
that:
*If China or any other party fails to abide by the expectations of the United
Nations Convention of the Law of the Sea in the South China Sea, the United
States will take diplomatic and economic action to sanction those parties; if
those actions involve hostilities, the United States military will intervene;
*The United States will not involve itself in commercial or non-military
diplomatic disputes in the South China Sea. Those disputes should be settled
by the claimants through any UNCLOS-consistent means, including bilateral
talks;
*If China or another claimant escalates hostilities in the South China Sea
against United States allies, the United States military will intervene.
Conversely, the United States will not initiate hostilities against any claimant,
including China, involved in peaceful development or commercial shipping;
*The United States will conduct Freedom of Navigation Operations in the
South China Sea within the 12-mile nautical zone of any disputed claim,
including reclaimed Chinese islands, and outside the 12-mile nautical zone
of undisputed claims, using typical innocent passage procedures in the latter,
and;
*If China and other claimants establish and abide by joint development
norms, cease new military development in, and establish and abide by a
Code of Conduct for the maritime areas of South China Sea, the United States
will support UNCLOS-consistent, legally disclosed Chinese territorial claims in
the South China Sea. If claimants interfere with legitimate, UNCLOSconsistent Chinese territorial claims, the United States will take diplomatic
and economic action to sanction those parties. If those actions involve
hostilities, the United States military will intervene.
Solvency
The plan solves by clarifying the U.S. diplomatic stance,
disentangling maritime & territorial claims, &
emphasizing non-military solutions through UNCLOS & a
maritime Code of Conduct
Swaine 15 (Michael, Senior Associate, Asia Program Carnegie Endowment for
International Peace, 7/23, Americas Security Role in the South China Sea,
http://docs.house.gov/meetings/FA/FA05/20150723/103787/HHRG-114-FA05-Wstate-SwaineM20150723.pdf)
U.S. needs to focus like a laser on its two only real interests in the South China Sea,
and connect its statements and actions to them as much as possible.
The first interest is freedom of navigation (FON), meaning access by the U.S.
Navy to areas outside any legally established territorial waters surrounding islands or other features,
including the so-called Exclusive Economic Zone (EEZ) that extends for 200 nautical miles beyond such
Such actions would inevitably generate a much greater level of tension across the region and push it
toward an emphasis on military rivalry over peaceful economic growth. Both Washington and Beijing have
a vital interest in preventing an escalating spiral of violence over disputed rocks and islands. Washington
needs to end its vague opposition to undefined coercion by Beijing or others in the South China Sea and
used to justify 12nm territorial seas and EEZs that can then be used to limit naval access; 2) whether a
coastal state with EEZs can demand that foreign militaries notify them before transiting or engaging in ISR
or similar military activities; and 3) the threat or resort to force over disputed territories. Regarding the first
too often it also makes statements that give the impression that it is opposed to Chinese land reclamation
Land reclamation in itself is meaningless. Virtually every claimant has engaged in it,
The issue is about what China does
with its reclaimed land. In addition, the lack of Chinese clarity
per se.
activities) outside of legal 12 nm territorial waters. At the same time, Washington should reduce the
frequency of its monitoring activities within Chinas EEZs. It is my understanding, based on discussions
with former U.S. officials, that the U.S. military does not need to conduct such ISR activities at high levels.
The third point (an unprovoked threat or use of force) would constitute a clear violation of the UN Charter
prohibiting such behavior. Any sustained attempt by China to forcibly threaten or remove other claimants
from disputed territories without any clear appeal to self-defense would seriously disrupt peace and
generate a strong regional and international response. Beijing must recognize that such an outcome would
undermine its entire peaceful development policy and put at risk its relations with the West and many
regional states. Although China has stated many times that it is committed to a peaceful process of
negotiation over the disputed areas and signed the 2002 Declaration on the Conduct of Parties in the
South China Sea---in which all parties agreed to resolve their territorial and jurisdictional disputes by
peaceful means, without resorting to the threat or use of force,---it has never clearly disavowed an
unprovoked use of force. Moreover, China has employed force in the past to eject other claimants from
disputed South China Sea territories, and at present it (along with many ASEAN states) seems to offer little
China and others could not make such a pledge without damaging its sovereignty claims in the South
consequences are
avoidable if Beijing makes its non-use-of force- pledge
contingent on similar pledges by other claimants and defines
its pledge clearly as a confidence building measure that in no
way imperils its sovereignty claims. In addition to the above near-term actions in
support of its two interests in the South China Sea, Washington should also
undertake several specific actions to prevent the further
deterioration of the situation over the long term. First.
Washington should stop emphasizing military deterrence methods
China Sea or undermining its future negotiating leverage. However, such
to prevent changes in the status quo (thus freezing the situation into one of constant potential conflict)
Washington
should make it clear to Beijing that such hedging would require
a significant improvement in U.S. defense relations and
presence with, and the provision of armaments to Manila, as well
as Hanoi and Malaysia. However, this augmented level of U.S. activity should
be made contingent on China clarifying its claims and entering
into negotiated codes of conduct with other claimants. Beijing
the area and to employ force, possibly against an ally (the Philippines). Third ,
must also clearly affirm, through its words and actions, that there is no
military solution to these disputes and that it will never seek to dislodge rivals forcefully from
occupied areas in an unprovoked manner. It should also refrain from deploying significant power projection
Washington
should make it clear that, if China undertakes such actions and
pledges, the U.S. would suspend the above hedging activities,
but would restart them if China violates its commitment.
capabilities on its occupied islands in the Spratly Islands, such as advanced fighters.
A coherent and effective policy toward the South China Sea must include two
objectives: (1) to help the disputants to generate the political will to engage
in a negotiating process, and (2) to maintain the credibility of the U.S. intent
to deter any one (or group of) claimants from unilaterally asserting a solution
by force of arms. The immediate US interests in the South China Sea disputes include maintaining
peace and stability in the South China Sea, maintaining freedom of navigation, and upholding international
law, including the UN Convention on the Law of the Sea. These points were emphasized in a May 10, 1995,
statement by the U.S. Department of State on the Spratly Islands and the South China Sea. While
maintaining its neutral position on the legal merits of the various territorial claims, the United States
expressed concern over destabilizing unilateral actions in the region, declared that maintaining freedom of
navigation is in the fundamental interest of the United States, and strongly urged that the disputants
peacefully resolve the dispute among them- selves consistent with international law, including the UN
its neutrality and avoid mediating the dispute on behalf of any single party.
The National People's Congress (NPC) ratified the UN Convention on the Law of the Sea in May 1996, a
move that specialists hailed as a major step forward in clarifying the rules under which China will consider
its claim, as only islands and rocks above water at high tide generate maritime zones. Simultaneously, the
NPC declared straight baselines from which Chinese claims to an EEZ and continental shelf will presumably
be measured, including some baselines surrounding the Paracel Islands that deviate from conventional
practice, in which only archepelagic states may draw baselines enclosing groups of islands. As part of its
interest in upholding the generally accepted interpretations of the Law of the Sea,
it is likely that
the same time, the fact that China responded at the ARF meeting in Brunei to the major U.S. concerns
region is essential in implementing the second aspect of U.S. policy toward the South China Sea by deterring the use of
military force by any of the disputants. A regular U.S. naval presence in the South China Sea area underscores the nation's
interest in stability and rein- forces the prevailing interpretation that a significant part of the South China Sea outside of
the immediate area of the Spratly Islands is categorized as high seas, where no party exercises territorial jurisdiction. In
the event of destabilizing unilateral actions by any party to the Spratly Islands dispute, the U.S. Navy has an interest in
playing its balancing role in the Asia-Pacific area by undertaking an augmented presence in international waters
proportional to the severity of any unilateral provocation.
The most constructive role for the United States may be in urging
the parties to muster the political will necessary to find peaceful solutions
while continuing to discourage a military resolution of future disputes. Most important,
involvement.
the United States might support preventive diplomacy by the parties involved by underscoring positive
precedents such as the decision by Great Britain and Argentina to enter into negotiations over Falkland
A steady U.S.
policy of "active neutrality"- combined with a "forward-leaning" posture to deter potentially
Islands boundaries without prejudice to the claims made by the disputants themselves.
destabilizing military aggression and stepped-up support for an expeditious and peaceful resolution of the
parties' conflicting claims consistent with the Law of the Sea- is