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1. Incident Prevention and Mitigation In The Asia Pacific Littorals: Framing, Expanding, and Adding to Cues

Author:
Graham Ong-Webb, Collin Koh, and Bernard Miranda
Publication Date:
08-2017
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies (NTS)
Abstract:
This paper explores the possibility of South China Sea claimants and regional countries playing an active role in developing measures to prevent untoward incidents involving government (including naval and maritime law enforcement) and non-government vessels while political negotiations take place with respect to the proposed Code of Conduct between ASEAN and China. It argues that such a comprehensive incident prevention and mitigation plan must be multidimensional and multilevel in its approach, cascading from the political, strategic, operational, to tactical levels. This study breaks down into three main sections. The first examines the framing of the existing Code for Unplanned Encounters at Sea (CUES) and its expansion as well as any new prevention and mitigation initiatives. The center of gravity and theory of success for CUES must be at operational and tactical levels, this paper highlights, while also proposing that CUES should be expanded to include sub- surface and aerial- based actions as other potential triggers for unplanned encounters and unintended escalations at sea. The end-state calls for a comprehensive CUES in light of the multidimensional nature of the SCS maritime landscape. The second section of this paper assesses the prospects for an expanded CUES, focusing on maritime law enforcement and irregular forces. It examines the viability of expanding this mechanism through what this paper terms as “Phased” and “Blanket” Approaches, which is dependent on the regional political climate. The third, final section raises two proposals at the strategic level, and six proposals pegged at the operational and tactical levels of planning and activity to build on and enhance the existing slate of such mechanisms as CUES to promote navigational safety and risk reduction in regional waters.
Topic:
Regional Cooperation, Military Strategy, Non State Actors, Maritime, Conflict, and ASEAN
Political Geography:
China, Indonesia, Malaysia, Asia, Vietnam, Philippines, Cambodia, Singapore, Thailand, Laos, Myanmar, South China, and Brunei

2. 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

3. The Next Big Thing? The Trans-Pacific Partnership Latin America

Author:
Jeffrey J. Schott and Barbara Kotschwar
Publication Date:
04-2014
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
The hottest topic in world trade these days is the Trans-Pacific Partnership (TPP). Hailed as a state-of-the-art free trade agreement (FTA), it will unite 11 countries—Australia, Brunei, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam—with a combined GDP of almost $21 trillion (about 30 percent of world GDP) and $4.4 trillion in exports of goods and services, or about a fifth of total world exports. If you add Japan and South Korea—who are actively exploring entry later this year—TPP would cover 40 percent of world GDP and nearly a third of world exports.
Political Geography:
United States, Malaysia, Canada, Latin America, Singapore, Peru, New Zealand, and Brunei

4. The Trans-Pacific Partnership Agreement (TPP) Negotiations: Overview and Prospects

Author:
Deborah Elms and C. L. Lim
Publication Date:
02-2012
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies, S. Rajaratnam School of International Studies
Abstract:
The Trans-Pacific Partnership (TPP) is a trade agreement currently under negotiation between nine countries in three continents, including Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, United States and Vietnam. In late 2011 three additional countries--Japan, Canada and Mexico--announced their intention to join as well. The TPP has always been called a "high quality, 21st century" agreement that covers a range of topics not always found in free trade agreements. This includes not just trade in goods, services and investment, but also intellectual property rights, government procurement, labor, environment, regulations, and small and medium enterprises. This paper traces the complex negotiations and evolution of the talks since the early 2000s to the present.
Topic:
Economics, Environment, International Trade and Finance, Treaties and Agreements, Labor Issues, and Intellectual Property/Copyright
Political Geography:
United States, Japan, Malaysia, Canada, Israel, Vietnam, Latin America, Australia, Australia/Pacific, Mexico, Singapore, Chile, Peru, New Zealand, and Brunei

5. Armed Clash in the South China Sea

Author:
Bonnie S. Glaser
Publication Date:
04-2012
Content Type:
Policy Brief
Institution:
Council on Foreign Relations
Abstract:
The risk of conflict in the South China Sea is significant. China, Taiwan, Vietnam, Malaysia, Brunei, and the Philippines have competing territorial and jurisdictional claims, particularly over rights to exploit the region's possibly extensive reserves of oil and gas. Freedom of navigation in the region is also a contentious issue, especially between the United States and China over the right of U.S. military vessels to operate in China's two-hundred-mile exclusive economic zone (EEZ). These tensions are shaping—and being shaped by—rising apprehensions about the growth of China's military power and its regional intentions. China has embarked on a substantial modernization of its maritime paramilitary forces as well as naval capabilities to enforce its sovereignty and jurisdiction claims by force if necessary. At the same time, it is developing capabilities that would put U.S. forces in the region at risk in a conflict, thus potentially denying access to the U.S. Navy in the western Pacific.
Topic:
Conflict Prevention, Security, Arms Control and Proliferation, Oil, Natural Resources, and Territorial Disputes
Political Geography:
United States, China, Malaysia, Israel, Taiwan, Vietnam, Southeast Asia, and Brunei

6. Stirring up the South China Sea (II): Regional Responses

Publication Date:
07-2012
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
The South China Sea dispute between China and some of its South East Asian neighbours – Vietnam, the Philippines, Malaysia and Brunei – has reached an impasse. Increasingly assertive positions among claimants have pushed regional tensions to new heights. Driven by potential hydrocarbon reserves and declining fish stocks, Vietnam and the Philippines in particular are taking a more confrontational posture with China. All claimants are expanding their military and law enforcement capabilities, while growing nationalism at home is empowering hardliners pushing for a tougher stance on territorial claims. In addition, claimants are pursuing divergent resolution mechanisms; Beijing insists on resolving the disputes bilaterally, while Vietnam and the Philippines are actively engaging the U.S. and the Association of Southeast Asian Nations (ASEAN). To counter diminishing prospects of resolution of the conflicts, the countries should strengthen efforts to promote joint development of hydrocarbon and fish resources and adopt a binding code of conduct for all parties to the dispute.
Topic:
Conflict Prevention, Maritime Commerce, Natural Resources, and Food
Political Geography:
China, Malaysia, Israel, Vietnam, Southeast Asia, and Brunei