13 January 2018

Newest Edition of O’Rourke’s CRS Report—“China’s Maritime Territorial & Exclusive Economic Zone (EEZ) Disputes”—Compiles Reporting on Maritime Militia

Ronald O’Rourke, Maritime Territorial and Exclusive Economic Zone (EEZ) Disputes Involving China: Issues for Congress, R42784 (Washington, DC: Congressional Research Service, 12 December 2017).

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KEY EXCERPTS:

1972 CONVENTION ON PREVENTING COLLISIONS AT SEA (COLREGs)………………………………… 14

p. 14

1972 Convention on Preventing Collisions at Sea (COLREGs)

China and the United States, as well as more than 150 other countries (including all those bordering on the South East and South China Seas other than Taiwan),34 are parties to an October 1972 multilateral convention on international regulations for preventing collisions at sea, commonly known as the collision regulations (COLREGs) or the “rules of the road.”35 Although commonly referred to as a set of rules or regulations, this multilateral convention is a binding treaty. The convention applies “to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels.”36 It thus applies to military vessels, paramilitary and law enforcement (i.e., coast guard) vessels, maritime militia vessels, and fishing boats, among other vessels. …

 

USE OF CHINA COAST GUARD SHIPS, FISHING BOATS/MARITIME MILITIA, OIL PLATFORMS ………………………………………………………………………………………. 32

p. 32

Use of Coast Guard Ships, Fishing Boats/Maritime Militia, Oil Platforms

Coast Guard Ships

China makes regular use of China Coast Guard (CCG) ships to assert and defend its maritime territorial claims, with Chinese Navy ships sometimes available over the horizon as backup forces.82 China has, by far, the largest coast guard of any country in the region, and is currently building many new ships for its Coast Guard.83 Many CCG ships are unarmed or lightly armed, but can be effective in asserting and defending maritime territorial claims, particularly in terms of confronting or harassing foreign vessels that are similarly lightly armed or unarmed.84 In addition to being available as backups for CCG ships, Chinese navy ships conduct exercises that in some cases appear intended, at least in part, at reinforcing China’s maritime claims.85

Maritime Militia

China also uses civilian fishing ships as a form of maritime militia, as well as mobile oil exploration platforms, to assert and defend its maritime claims. U.S. analysts in recent years have paid increasing attention to the role of China’s maritime militia as a key tool for implementing China’s salami-slicing strategy.86 DOD states that     (continued…)

82 See Department of Defense, Annual Report to Congress [on] Military and Security Developments Involving the People’s Republic of China 2015, pp. 3, 7, and 44, and Department of Defense, Asia-Pacific Maritime Security Strategy, undated but released August 2015, p. 14.

83 See, for example, Office of Naval Intelligence, The PLA Navy, New Capabilities and Missions for the 21st Century, 2015, pp. 44-46.

84 See, for example, Megha Rajagopalan and Greg Torode, “China’s Civilian Fleet A Potent Force in Asia’s Disputed Waters,” Reuters.com, March 5, 2014.

85 See, for example, Trefor Moss and Rob Taylor, “Chinese Naval Patrol Prompts Conflicting Regional Response,” Wall Street Journal, February 20, 2014.

86 See, for example, Andrew S. Erickson, “Understanding China’s Third Sea Force: The Maritime Militia,” Fairbank Center, September 8, 2017; Andrew Erickson, “New Pentagon China Report Highlights the Rise of Beijing’s Maritime Militia,” National Interest, June 7, 2017; Ryan Pickrell, “New Pentagon Report Finally Drags China’s Secret Sea Weapon Out Of The Shadows,” Daily Caller, June 7, 2017; Conor M. Kennedy and Andrew S. Erickson, “Hainan’s Maritime Militia: All Hands on Deck for Sovereignty Pt. 3,” Center for International Maritime Security, April 26, 2017; Conor M. Kennedy and Andrew S. Erickson, “Hainan’s Maritime Militia: Development Challenges and Opportunities, Pt. 2” Center for International Maritime Security, April 10, 2017; Andrew Erickson, “Hainan’s Maritime Militia: China Builds A Standing Vanguard, Pt. 1,” Center for International Maritime Security, March 25, 2017; Conor M. Kennedy and Andrew S. Erickson, China’s Third Sea Force, The People’s Armed Forces Maritime Militia: Tethered to the PLA, China Maritime Report No. 1, China Maritime Studies Institute, U.S. Naval War College, Newport, RI, March 2017, 22 pp.; Michael Peck, “‘Little Blue Sailors’: Maritime Hybrid Warfare Is Coming (In the South China Sea and Beyond),” National Interest, December 18, 2016; Peter Brookes, “Take Note of China’s Non- Navy Maritime Force,” The Hill, December 13, 2016; Christopher P. Cavas, “China’s Maritime Militia a Growing Concern,” Defense News, November 21, 2016; Christopher P. Cavas, “China’s Maritime Militia—Time to Call Them Out?” Defense News, September 18, 2016; Conor M. Kennedy and Andrew S. Erickson, “Riding A New Wave of Professionalization and Militarization: Sansha City’s Maritime Militia,” Center for International Maritime Security, September 1, 2016; John Grady, “Experts: China Continues Using Fishing Fleets for Naval Presence Operations,” USNI News, August 17, 2016; David Axe, “China Launches A Stealth Invasion in the South China Sea,” Daily Beast, August 9, 2016; Andrew S. Erickson and Conor M. Kennedy, “Countering China’s Third Sea Force: Unmask Maritime Militia Before They’re Used Again,” National Interest, July 6, 2016; Andrew S. Erickson and Conor M. Kennedy, “China’s Maritime Militia, What It Is and How to Deal With It,” Foreign Affairs, June 23, 2016.

 

(continued…)

 p. 33

The CMM [China Maritime Militia] is a subset of China’s national militia, an armed reserve force of civilians available for mobilization to perform basic support duties. Militia units organize around towns, villages, urban sub-districts, and enterprises, and vary widely from one location to another. The composition and mission of each unit is based on local conditions and personnel skills. In the South China Sea, the CMM plays a major role in coercive activities to achieve China’s political goals without fighting, part of broader PRC military doctrine that states that confrontational operations short of war can be an effective means of accomplishing political objectives.

A large number of CMM vessels train with and support the PLAN and CCG in tasks such as safeguarding maritime claims, protecting fisheries, logistics, search and rescue (SAR), and surveillance and reconnaissance. The government subsidizes various local and provincial commercial organizations to operate militia vessels to perform “official” missions on an ad hoc basis outside of their regular commercial roles. The CMM has played significant roles in a number of military campaigns and coercive incidents over the years, including the 2011 harassment of Vietnamese survey vessels, the 2012 Scarborough Reef standoff [with the Philippines], and the 2014 Haiyang Shiyou-981 oil rig standoff [with Vietnam].

In the past, the CMM rented fishing vessels from companies or individual fishermen, but it appears that China is building a state-owned fishing fleet for its maritime militia force in the South China Sea. Hainan Province, adjacent to the South China Sea, has ordered the building of 84 large militia fishing vessels for Sansha City.87

 

87 Department of Defense, Annual Report to Congress [on] Military and Security Developments Involving the People’s Republic of China 2017, p. 56. See also pp. i, 12.

 

REPORT SUMMARY

China’s actions for asserting and defending its maritime territorial and exclusive economic zone (EEZ) claims in the East China (ECS) and South China Sea (SCS) have heightened concerns among observers that China may be seeking to dominate or gain control of its near-seas region, meaning the ECS, the SCS, and the Yellow Sea. Chinese domination over or control of this region could substantially affect U.S. strategic, political, and economic interests in the Asia-Pacific region and elsewhere.

China is a party to multiple territorial disputes in the SCS and ECS, including, in particular, disputes over the Paracel Islands, Spratly Islands, and Scarborough Shoal in the SCS, and the Senkaku Islands in the ECS. China depicts its territorial claims in the SCS using the so-called map of the nine-dash line that appears to enclose an area covering roughly 90% of the SCS. Some observers characterize China’s approach for asserting and defending its territorial claims in the ECS and SCS as a “salami-slicing” strategy that employs a series of incremental actions, none of which by itself is a casus belli, to gradually change the status quo in China’s favor.

In addition to territorial disputes in the SCS and ECS, China is involved in a dispute, particularly with the United States, over whether China has a right under international law to regulate the activities of foreign military forces operating within China’s EEZ. The dispute appears to be at the heart of incidents between Chinese and U.S. ships and aircraft in international waters and airspace in 2001, 2002, 2009, 2013, and 2014.

The U.S. position on territorial and EEZ disputes in the Western Pacific (including those involving China) includes the following elements, among others:

The United States supports the principle that disputes between countries should be resolved peacefully, without coercion, intimidation, threats, or the use of force, and in a manner consistent with international law.

The United States supports the principle of freedom of seas, meaning the rights, freedoms, and uses of the sea and airspace guaranteed to all nations in international law. The United States opposes claims that impinge on the rights, freedoms, and lawful uses of the sea that belong to all nations.

The United States takes no position on competing claims to sovereignty over disputed land features in the ECS and SCS.

Although the United States takes no position on competing claims to sovereignty over disputed land features in the ECS and SCS, the United States does have a position on how competing claims should be resolved: Territorial disputes should be resolved peacefully, without coercion, intimidation, threats, or the use of force, and in a manner consistent with international law.

Claims of territorial waters and EEZs should be consistent with customary international law of the sea and must therefore, among other things, derive from land features. Claims in the SCS that are not derived from land features are fundamentally flawed.

Parties should avoid taking provocative or unilateral actions that disrupt the status quo or jeopardize peace and security. The United States does not believe that large-scale land reclamation with the intent to militarize outposts on disputed land features is consistent with the region’s desire for peace and stability.

The United States, like most other countries, believes that coastal states under UNCLOS have the right to regulate economic activities in their EEZs, but do not have the right to regulate foreign military activities in their EEZs.

U.S. military surveillance flights in international airspace above another country’s EEZ are lawful under international law, and the United States plans to continue conducting these flights as it has in the past.

The Senkaku Islands are under the administration of Japan and unilateral attempts to change the status quo raise tensions and do nothing under international law to strengthen territorial claims.

China’s actions for asserting and defending its maritime territorial and EEZ claims in the ECS and SCS raise several potential policy and oversight issues for Congress, including whether the United States has an adequate strategy for countering China’s “salami-slicing” strategy, whether the United States has taken adequate actions to reduce the risk that the United States might be drawn into a crisis or conflict over a territorial dispute involving China, and whether the United States should become a party to the United Nations Convention on the Law of the Sea (UNCLOS). …

 

CLICK BELOW FOR THE FULL TEXT OF SOME OF THE PUBLICATIONS CITED IN O’ROURKE’S CRS REPORT:

Peter A. Dutton and Andrew S. Erickson, “When Eagle Meets Dragon: Managing Risk in Maritime East Asia,” RealClearDefense, 25 March 2015.

Andrew S. Erickson, “Understanding China’s Third Sea Force: The Maritime Militia,” Harvard Fairbank Center Blog Post, 8 September 2017.

Andrew S. Erickson, “New Pentagon China Report Highlights the Rise of Beijing’s Maritime Militia,” The National Interest, 7 June 2017.

Conor M. Kennedy and Andrew S. Erickson, “Hainan’s Maritime Militia: All Hands on Deck for Sovereignty, Pt. 3,” Center for International Maritime Security (CIMSEC), 26 April 2017.

Conor M. Kennedy and Andrew S. Erickson, “Hainan’s Maritime Militia: Development Challenges and Opportunities, Pt. 2,” Center for International Maritime Security (CIMSEC), 10 April 2017.

Conor M. Kennedy and Andrew S. Erickson, “Hainan’s Maritime Militia: China Builds a Standing Vanguard, Pt. 1,” Center for International Maritime Security (CIMSEC), 26 March 2017.

Conor M. Kennedy and Andrew S. Erickson, China’s Third Sea Force, The People’s Armed Forces Maritime Militia: Tethered to the PLA, China Maritime Report 1 (Newport, RI: Naval War College China Maritime Studies Institute, March 2017).

Conor M. Kennedy and Andrew S. Erickson, “Riding a New Wave of Professionalization and Militarization: Sansha City’s Maritime Militia,” Center for International Maritime Security (CIMSEC), 1 September 2016.

Andrew S. Erickson and Conor M. Kennedy, “Countering China’s Third Sea Force: Unmask Maritime Militia before They’re Used Again,” The National Interest, 6 July 2016.

Andrew S. Erickson and Conor M. Kennedy, “China’s Maritime Militia: What It Is and How to Deal With It,” Foreign Affairs, 23 June 2016.

Andrew S. Erickson and Austin M. Strange, “Pandora’s Sandbox: China’s Island-Building Strategy in the South China Sea,” Foreign Affairs, 13 July 2014.

Andrew S. Erickson and Emily de La Bruyere, “Crashing Its Own Party: China’s Unusual Decision to Spy on Joint Naval Exercises,” China Real Time Report (中国实时报), Wall Street Journal, 19 July 2014.

Andrew S. Erickson and Emily de La Bruyere, “China’s RIMPAC Maritime-Surveillance Gambit,” The National Interest, 29 July 2014.

Andrew S. Erickson, “PRC National Defense Ministry Spokesman Sr. Col. Geng Yansheng Offers China’s Most-Detailed Position to Date on Dongdiao-class Ship’s Intelligence Collection in U.S. EEZ during RIMPAC Exercise,” China Analysis from Original Sources 以第一手资料研究中国, 1 August 2014.