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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. China’s United Front Strategy and its Impacts on the Security of Taiwan and Asia-Pacific Region

Author:
Michael M. Tsai and Po-Chang Huang
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
In 1949, Mao Zedong, leader of the Communist Party of China (CCP), defeated Chiang Kai-shek’s Kuomintang (KMT) troops and succeeded in establishing the communist dictatorship of the People’s Republic of China out of the “barrel of a gun.” At the beginning of its rule, the CCP believed that the use of violent instruments as provided by the People’s Liberation Army (PLA) was in and of itself sufficient to both suppress “reactionaries” at home and defeat “invaders” from abroad. ​ In this vein, during the Korean War of the early 1950s, the CCP regime sent a million-strong “Volunteer Army” into the Korean Peninsula and fought against the U.S.-led United Nations forces, thus cementing the political division of Korea and its complications that linger to this day. Between 1958 and 1960, PLA troops heavily bombarded the Chiang Kai-shek-controlled island of Kinmen, resulting in significant casualties on both sides. Between the 1960s and 1980s, the PLA and militia troops engaged in a series of border conflicts and clashes with the Soviet Union, India, and Vietnam. Throughout this period, the CCP regime still believed that military force alone was sufficient to serve as the primary bargaining chip and policy instrument in its dealing with other states.[1] ​ However, from the late 1980s to 1990s, the collapse of Soviet Union and Eastern Bloc marked the end of Cold War and the confrontation between two global superpowers. The CCP’s strategy in the international arena evolved from an overreliance on hard military force to one that utilizes both “soft power” and the “carrot and stick.” ​ From the Chinese perspective, the concept of “soft power” encompasses the exploitation of any policy or tool outside the traditional definition of “hard” military power to achieve its desired political, economic, and diplomatic objectives. Such exploitation takes place via political, societal, commercial, economic, legal, psychological, cultural, and other means. Mass media and even tourist groups could all be used as a means of penetration to funnel and support Chinese agents deep inside enemy territory and to create conditions that are conducive to achieving China’s desired outcome. This is the essence of China’s strategy of the “United Front.” ​ This article examines the United Front strategy and the ways in which China’s deployment of this strategy impacts the national security of Taiwan as well as neighboring countries such as Japan, Vietnam, the Philippines, and even the United States.[2] The article concludes with proposed policy recommendations for how Taiwan can counter such strategies...
Topic:
Security, Defense Policy, Cold War, History, Military Strategy, and Soft Power
Political Geography:
Japan, China, Taiwan, Soviet Union, Vietnam, Philippines, and United States of America