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1. Hamstringing a Hegemon: Examining the Effectiveness of Lawfare in the South China Sea Disputes

Author:
Rodelio Cruz Manacsa
Publication Date:
07-2017
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
The South China Sea is the locus of a tense political struggle for territorial control between an increasingly aggressive regional power and a host of small states and their own respective sets of allies. In such a scenario, we can expect that China, the hegemonic state, will attempt to steer the discussions towards bilateral negotiations since its power projection and military capabilities tend to carry greater leverage against weaker states when talks are conducted on a one-on-one basis. In an international system characterized by the absence of a global government, power bends the arc of contention towards the hegemon. On the other hand, small states in the region like the Philippines, Vietnam, and Brunei have a plethora of strategies and tactics for dealing with regional powers.[1] Their menu of options ranges from direct military balancing on one end and appeasing and bandwagoning on the other.[2], [3] This analysis will focus on the strategy that was chosen by the Philippines against China, which will be characterized as “lawfare.” The paper will proceed as follows: First, it will seek to define the concept of “lawfare” as a strategy and then map out the conditions under which it can succeed and fail. Second, it will apply the framework that was developed in the initial section to the conflict between China and the Philippines in the South China Sea. Finally, the consequences of lawfare use will be assessed, with the end goal of understanding how the Philippines’ victory in the Permanent Court of Arbitration (PCA) inexplicably led to reticence and bandwagoning, a case of historic success morphing into strategic retreat...
Topic:
Bilateral Relations, Territorial Disputes, Law, Negotiation, and Oceans and Seas
Political Geography:
China, Vietnam, Philippines, South China, and Brunei

2. The Littoral World

Author:
Howard J. Fuller
Publication Date:
07-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
The role of seapower in nurturing American security and prosperity has long been exaggerated, if not wholly misrepresented. Throughout the nineteenth century, the nation’s first generations of leaders exhibited a healthy skepticism toward free trade and the maritime hegemony of the British Empire. By focusing on domination of the country’s littoral space during the Civil War, the U.S. Navy succeeded in shielding the Union from European interference. It was not the assumption of the British mantle that safeguarded the nation; rather, U.S. preeminence was secured by rejection of maritime overreach. Strong anti-British tariffs and industrial protectionism were the cornerstones of sustained commercial growth and genuine national independence. The unique problem with seapower, even in the contemporary period, is how easily we can glorify it. We love the sea, and mighty ships, and we tend to flaunt what we love, but this relationship has no place in a grand strategy that acknowledges the limited historical contribution of free trade to the American economy.
Topic:
Security, History, Economy, Maritime, Oceans and Seas, Trade, and Seapower
Political Geography:
Britain, North America, United States of America, and Oceans