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China Maritime Report No. 35: Beyond Chinese Ferry Tales: The Rise of Deck Cargo Ships in China\u27s Military Activities, 2023
Get PDFThis report provides a comprehensive assessment of Chinese civilian shipping support to the People’s Liberation Army (PLA), examining civil maritime-military activities in 2023. As of 2023 and probably through at least 2030, the PLA’s reserve fleet of civilian ships is probably unable to provide the amphibious landing capabilities or the over-the-shore logistics in austere or challenging environments necessary to support a major cross-strait invasion of Taiwan. However, 2023 activity has demonstrated significant progress toward that end. In addition to the extensive use of civilian ferries, this report identifies the first use of large deck cargo ships to support PLA exercises. While not as capable as large, ocean-going ferries, China’s civil fleet boasts dozens of large deck cargo ships and may provide the PLA with the lift capacity necessary to eventually support a large crossstrait operation. This report also discusses other civil maritime-military activities including “surge lift events,” coordination and synchronization of multi-theater events, floating causeway developments, and the dedicated use of civilian ships for intra-theater military logistics.https://digital-commons.usnwc.edu/cmsi-maritime-reports/1034/thumbnail.jp
Another Missed Opportunity to Adopt a Universally Accepted Maritime Treaty
Get PDFIn March 2023, an intergovernmental conference adopted the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement). Inspired by a resurgence of the New International Economic Order (NIEO), the BBNJ Agreement contains numerous provisions that will have the practical effect of making ratification of the agreement untenable for the industrialized nations. Similar provisions were included in the original Part XI of the United Nations Convention on the Law of Sea (UNCLOS). As a result, industrialized nations refused to sign or ratify UNCLOS when it was opened for signature in 1982. UNCLOS did not enter into force until Part XI was amended by an implementing agreement in 1994 to eliminate the NIEO-inspired provisions that were objectionable to the developed nations. Unfortunately, the international community is seeing history repeat itself with the negotiation and adoption of the BBNJ Agreement. In its current form, the BBNJ Agreement repeats many of the mistakes of Part XI and will never receive the required votes for advice and consent in the U.S. Senate. Unless these provisions are amended, the result will be that genetic resources, like deep seabed minerals, will not be exploited for the benefit of mankind
Chapter 1: Legal Divisions of the Oceans and Airspace
Get PDFThe Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, international law has evolved, and the underlying sources and context have grown considerably. Judge advocates have long used the Annotated Supplement as a resource alongside the Commander’s Handbook and as a point of departure for further inquiry. This 2024 updated Annotated Supplement excerpts numerous U.S. government sources to provide clarity and fidelity to the text of the Handbook, including U.S. legislation and executive branch policy proclamations and the Department of Defense Law of War Manual
CMSI Translations #4: Charging into Battle—A Deeply Entwined Network: A Profile of Wang Chengfei, Director of a Research Office at the Naval Research Academy
Get PDFWang Chengfei, Director of a research office and senior engineer at the Naval Research Academy, has presided over the initiation and evaluation of several major comprehensive information system equipment projects. He has compiled a development guide and technical requirements for Navy unmanned intelligent equipment technology systems, filled many specifications gaps, won a second- class Military Science and Technology Progress Award, obtained eight national defense patents, and was once awarded a third-class citation.https://digital-commons.usnwc.edu/cmsi-translations/1003/thumbnail.jp
The Defense of Taiwan: Possible Legal Justifications
Get PDFThis article examines four possible interconnected legal arguments that can be used by the United States and its allies and partners to justify the defense of Taiwan in the event of a Chinese invasion of the island. First, the United States could recognize Taiwan as an independent nation. Second, the three joint communiqués between the United States and China are premised on an understanding that the Taiwan issue will be resolved by “peaceful” means. A Chinese invasion of Taiwan would certainly breech that understanding and allow the United States to recognize Taiwan as a sovereign State. Third, a Chinese invasion of Taiwan would constitute a concrete threat to the peace and security of the Western Pacific. States could therefore act in collective self-defense of Taiwan until the Security Council takes the “measures necessary to maintain international peace and security.” The Taiwan Relations Act cautions that any effort to determine the future of Taiwan by “other than peaceful means,” would be considered a threat to the peace and security of the Western Pacific area and of “grave concern” to the United States. Finally, the United States and its allies and partners could intervene to protect their nationals living in Taiwan
Narrowing “The Gap”: Counter Gray Zone Operations
Get PDFChina is exploiting The Gap by conducting provocative Gray Zone operations to challenge its neighbors\u27 sovereignty and sovereign rights, as well as their navigational rights and freedoms, in waters off their coast in the East China Sea, Taiwan Strait, and South China Sea. By engaging in malign activities that fall below the threshold of an armed attack, China anticipates it can incrementally advance its interests without eliciting a military response from the targeted States. Diplomatic protests and third-party dispute settlement have not convinced China to halt its aggressive behavior. This article suggests States should use non-lethal counter-piracy tactics, techniques, and procedures that fall below the threshold of a use of force or armed attack as lawful countermeasures to induce China to modify its behavior and comply with its international legal obligations