In January, the French historian Benjamin Stora filed a report commissioned by the French President Emmanuel Macron aimed at “reconciliation of memories between France and Algeria,” which France ruled as the jewel of its colonial empire for more than 130 years.

Read the rest at Bulletin of the Atomic Scientists

The Doomsday Clock is a metaphor. It moves closer to midnight depending on how close we are to human-made global catastrophe through climate change, nuclear weapons, and pandemics fueled by misinformation and failed leadership. Y’know, the typical folly of humankind. Find out what time it is from Sharon Squassoni and Herb Lin, two members of the Bulletin of Atomic Scientists. READ MORE

 

This article by Oriana Skylar Mastro was originally published in The Interpreter, a publication by the Lowy Institute.

When China began three days of military exercises in the South China Sea’s Gulf of Tonkin back in January, some observers speculated that Beijing was testing the new Biden administration. Harsh words from Beijing accompanied the exercises, with China’s foreign ministry spokesperson Wang Wenbin declaring the drills were “necessary measures to resolutely safeguard national sovereignty and security”.

Even against this backdrop, China’s official position is that it remains committed to a peaceful resolution of the South China Sea issue. And the rhetoric China employs at different times does make for a fascinating contrast. For example, China’s Foreign Ministry asserted in July 2020 that “China is not seeking to become a maritime empire” and that it “treats its neighboring nations on an equal basis and exercises the greatest restraint.”

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How then should we make sense of the mixed messages coming from Beijing? Most China experts find discourse to be informative – if not about China’s intentions, then at least about its aspirations. But which statements are indicative of China’s true position?

I argued recently in research for the Wilson Center that scholars need to evaluate the content and specificity of Chinese national discourse in addition to the position of the author or speaker involved. To that end, I analyzed all public speeches made by members of the Politburo of the Chinese Communist Party from 2013 to 2018. Xi Jinping led both of the Politburos I studied, and each had 25 members. Since some members served in both, this yields speeches by 39 unique individuals.

The speeches related to the South China Sea could be separated into those that mentioned cooperative themes and those with competitive themes. Cooperative themes have two subcategories, cooperation, and political solutions. Competitive themes have five subcategories: sovereignty, military, freedom, tension, and non-regional countries/the United States.

In what might appear good news for regional stability, China’s leaders used more cooperative discourse in public statements about the South China Sea than competitive themes. This might be taken to indicate a willingness to compromise with other claimants – a feature that is especially evident during the first year of each new Party Congress, namely 2013 and 2018.

However, one of the tenets of deriving intentions from discourse is that not all leadership statements are created equal. We need to consider personal power, accountability, and reputation for honesty. This means that statements by Xi, who is described as having “more power and more personal authority than any post-Mao leader”, take precedent.

So here is the bad news. My analysis showed that Xi’s statements accounted for 42.7% of the competitive themes mentioned, even though he is only one of 39 leaders during this period.

There are additional reasons to discount Xi’s cooperative statements: his reputation for dishonesty.

In September 2015, Xi made a public statement at the White House promising not to “militarise” the artificial islands China had been building in the South China Sea. Xi stated that “relevant construction activities that China is undertaking … do not target or impact any country, and China does not intend to pursue militarisation”. While the language at the time was deemed “new”, the pledge remained unclear. Then and subsequently, Xi did not promise to freeze dredging, island-building or activities in the region, nor did he offer any clarity about what “militarisation” meant. In May 2019, then–Chairman of the Joint Chiefs of Staff General Joseph Dunford said that China had “clearly … walked away from that commitment” given the “10,000-foot runways, ammunition storage facilities, routine deployment of missile defence capabilities, aviation capabilities and so forth” on the islands. My analysis in a previous Interpreter article shows that China has indeed militarised these islands to establish control over the islands and the surrounding waters.

Interestingly, China’s foreign ministry also makes more competitive statements than cooperative statements, contrary to what might be the expectation that professional diplomats would lean towards negotiations and reassurance. If soothing language was supposed to mask China’s intentions, ministry statements would be the most likely source. But instead, China seems to prioritise articulating its position on sovereignty and issuing threats to those who violate it over reassurance.

None of this means China will use force in the South China Sea. Xi’s statements calling for a tough stance to protect China’s perceived sovereignty in the South China sea lack specificity – there are no allusions to a timeline or preferred methods. Such ambiguity suggests the leadership wants to have maximum flexibility and avoid being boxed in by its aggressive rhetoric, even if it is popular with the Chinese public. And the Chinese leadership undoubtedly prefers to use diplomatic, legal and economic tools to establish sovereignty over these waters.

But my analysis suggests that China will be unlikely to make the compromises necessary on its expansive territorial claims in these waters to facilitate a viable diplomatic resolution. Instead, China’s leaders hope that political, economic and military power will convince other countries to accommodate China’s position without a fight. And if the other claimants concede to Beijing, it will be harder for the United States or Australia to push back on China’s position.

There are strong indications that the Biden administration intends to continue strengthening U.S.-Taiwan ties. The Biden team invited Taiwan's representative Bi-khim Hsiao to the presidential inauguration, supporters of Taiwan now hold senior roles in the administration, and officials have pledged "rock-solid" U.S. commitment to Taiwan, warning that PRC military pressure against Taiwan threatens regional peace and stability. But Cross-strait deterrence is arguably weaker today than at any point since the Korean War, according to Chinese military and security expert Oriana Skylar Mastro, FSI Center Fellow at APARC.

On February 18, 2021, Mastro testified to the U.S.-China Economic and Security Review Commission at a hearing on Deterring PRC Aggression Toward Taiwan. Her testimony on the political and strategic dynamics underpinning deterrence across the Taiwan Strait is available to watch below.

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Beijing has turned to increasingly hostile and combative rhetoric and actions since the democratic election of Taiwan’s president, Tsai Ing-wen. PLA air and water operations around Taiwan, particularly in the Taiwan Strait, have increased significantly in the past year, and concern is growing that the Chinese Communist Party is imminently planning to use force to compel Taiwan to accept unification with mainland China.

Drawing on her expertise in both policy and military security, Mastro explains why deterrence in Taiwan must be based on military capabilities rather than signaling through policy.

Catalysts to Conflict

Foremost, Mastro argues that the basic circumstances of aggression towards Taiwan have changed. In years past, it was accepted that China would launch military operations against Taiwan in response to actions or policy positions taken there or in the United States. However, Mastro believes that China is now primed to force a campaign of reunification regardless of either Taiwan’s or the U.S.’s policies moving forward.

By Mastro’s assessment, China is now in a position where it could prevail in cross-strait military contingencies even if the U.S. intervenes in Taiwan’s defense. The reform overhaul and modernization of China’s military have vastly improved the quality it equipment and confidence in its capability. China now possesses offensive weaponry, including ballistic and cruise missiles, which if deployed, could destroy U.S. bases in the Western Pacific. Sophisticated cyber attacks on domestic infrastructure both in Taiwan and the United States are also a credible threat and viable form of retaliation.

As long as President Xi is confident that the PLA can successfully back a forced unification in Taiwan, Mastro argues that action of some kind against Taiwan is not a matter of if, but of when, and what severity.

Types of Escalation

Failure to reunify Taiwan is too high a political and military cost for the PRC to risk, but there is also growing agitation amongst the mainland Chinese population for a resolution on the half-baked status of the island and its governance. Mastro believes that this pressure will ensure that action will be taken on Taiwan in the next 3 to 5 years.

Since Taiwan cannot withstand a sustained, active assault from China on its own, the deciding factor in when and how China moves against Taiwan is largely dependent on the signals the U.S. sends. And since China is increasingly confident in its own military, the signals the U.S. sends must likewise be ground in military capability, not policy, says Mastro.  

If China believes there will be little or no intervention or support from the U.S., it is likely to follow a graduated plan of attack, using economic blockages and targeted military action to bring about capitulation. If, however, it appears the U.S. will intervene, China is much more likely to move quickly and escalate violence and force rapidly to maximize damage before a full U.S. defense response can be coordinated.

Policy Recommendations

To effectively counter China on Taiwan, Mastro recommends crafting policy that creates doubt over China’s ability to successfully absorb Taiwan through military means. To do this, the United States needs to focus forces and develop operational plans that credibly off-set China’s goals while not triggering a panicked response from Beijing that could escalate into rapid conflict.

Mastro also urges the allocation of more resources toward intelligence, surveillance, and reconnaissance (ISR), base development, and firepower in the Asia-Pacific region. Investing in these signals U.S. commitment to determent and the capacity to follow through if need be.

Finally, Mastro urges additional research into U.S. war termination behavior. Any involvement in Taiwan must be as limited and without the possibility for escalating levels of violence and long term unsustainable, unwinnable commitments. In preparing to potentially fight a war, she reminds policymakers that they need to know how to end one as well.

A recording of the full hearing is available courtesy of the U.S.-China Economic and Security Review Commission.

This article by Oriana Skylar Mastro was originally published by the Lowy Institute.

Chinese exercises in the South China Sea last month, and the strong US response, show these disputed waters will not soon be calm. While the focus has largely been on military maneuvers, competition in legal positions has also been heating up. Last year, both the United States and Australia risked China’s wrath by officially stating that China’s claims in the South China Sea are unlawful. Other claimants were pleased by this change of policy, but none voiced it prominently.

The issue, however, is not that China flagrantly violates international law – it is that it does so while simultaneously creating a veneer of legal legitimacy for its position.

The conventional wisdom is that China claims sovereignty over “virtually all South China Sea islands and their adjacent waters.” Its claims are “sweeping” and more expansive than those of any other rival claimant. In 2009, Dai Bingguo, then a top Chinese official, first referred to the South China Sea as a “core interest”, a term often used for Taiwan, Xinjiang, and Tibet. While China has not been specific about the extent of its claims, it uses a “nine-dash line” which “swoops down past Vietnam and the Philippines, and towards Indonesia, encompassing virtually all of the South China Sea”, to delineate its claims.

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On the surface, it appears that Chinese leaders are relying on a historical argument to buttress their claims – China traces its interaction with the South China Sea back to the Western Han Dynasty. Thus, Beijing’s narrative about its claims begins as early as the 2nd century BCE, when Chinese people sailed in the South China Sea and discovered some of the region’s land features.

Scholars have meticulously cataloged the dubious nature of this history. And besides, the UN Convention for the Law of the Sea (UNCLOS) does not grant signatories the right make claims based on historical legacy, and the concept of “historic claims” lacks a clear basis in international law.

But this is not actually how China lays claim to 90% of the South China Sea. China’s abuse and misapplication of international law is a bit more complex. There are four levels that build on one another.

First, China claims it has the same rights as archipelagic states, those countries mainly made up of islands. One of the benefits of archipelagic status is that the waters between islands are considered internal waters, like rivers inside a country. Other countries have no right to transit these waters without permission. This archipelagic status is conferred through the UN, and only 22 nations claim it.

Spoiler alert: China is not one of them.

China is undeniably a continental country, but nevertheless, it drew straight baselines around the Paracel Islands and claimed the waters between the islands to be internal waters. Beijing has not done this explicitly for the Spratly islands area, but its reaction to the activities of other countries suggests that is its interpretation. My discussions with Chinese strategists reveal that China will likely explicitly draw baselines to claim internal waters between the Spratly Islands once it has the military capabilities in place to enforce it. (This is not an easy task, as the Spratlys’ sea zone is 12 times that of the Paracels, covering 160,000 to 180,000 square kilometers of water.)

China then claims a 12 nautical mile (nm) territorial sea from the Paracel baseline, not from the individual islands, and in the Spratlys from many features that under international law are not awarded this right, such as artificial islands. Moreover, China’s interpretation of the territorial sea is that the state has the exclusive right to make, apply and execute its own laws in that space without foreign interference. But according to UNCLOS, all ships, civilian or military, enjoy the right of innocent passage through other states’ territorial seas. Moreover, the contiguous zone is considered part of international waters, and states do not have the right to limit navigation or exercise any control for security purposes.

Lastly, China claims 200 nm from the end of the territorial sea as its exclusive economic zone (EEZ), where it claims to have the right to regulate military activity. The US insists that freedom of navigation of military vessels is a universally established and accepted practice enshrined in international law – in other words, states do not have the right to limit navigation or exercise any control for security purposes in EEZs. Australia shares this view, but not all countries accept this interpretation. Argentina, Brazil, India, Indonesia, Iran, Malaysia, the Maldives, Oman, and Vietnam agree with China that warships have no automatic right of innocent passage in their territorial seas. Twenty other developing countries (including Brazil, India, Malaysia, and Vietnam) insist that military activities such as close-in surveillance and reconnaissance by a country in another country’s EEZ infringe on coastal states’ security interests and therefore are not protected under freedom of navigation.

In other words, while international law may support the position of the US and Australia on legal behavior within the EEZs, countries need to work harder to solidify this norm more broadly.

Through these three positions alone on internal waters, territorial seas and EEZs, China lays claim to approximately 80% of the South China Sea. Then China uses the nine-dash line to cover the remaining territory and provide redundancy by claiming “historic waters” – i.e., that China has historically controlled this maritime environment – again, a view that has no basis in international law.

The US has taken steps to challenge the false legal basis of China’s claims. This is the main purpose behind freedom-of-navigation operations, or FONOPS – to demonstrate through action that the US does not accept China’s position that areas are not international waters but internal or territorial waters. In other instances, the US is signaling that it does not accept an area to be in China’s EEZ, although China would not have the right to regulate military activity there anyway.

But undermining China’s false legal claims will take more than military operations and harsh statements. In 2016, the Hague Tribunal ruled that China’s claims of historic rights in the South China Sea lacked legal foundation, China’s actions in the region infringed on the rights of the Philippines, and features in the Spratlys are not entitled to EEZs or territorial zones. Yet Washington’s ongoing refusal itself to ratify UNCLOS undermines the general effectiveness of pushing back against Beijing with legal tools of statecraft. Additionally, Washington squandered an opportunity to support the Philippines in enforcing the international legal tribunal’s 2016 ruling in its favor, further reducing the attractiveness for other claimants to challenge Beijing on legal grounds.

The US should not make the same mistake twice. It should support other claimants that may want to pursue legal action against China (Vietnam is currently considering this course of action). Then, when the tribunal rules once more against China, the US should lead the charge to enforce the ruling.

China is using all the tools of statecraft at its disposal to gain control over this vital strategic waterway. The US and its allies should do the same.

Grandparents have an endearing position of high stature in Mexican culture. Grandchildren have countless stories about the cariño (endearment) they receive from Abuelito (Grandpa) and Abuelita (Grandma). My immigrant grandparents sacrificed a lot when they migrated to the United States. Their courageous journeys and perseverance to attain the American dream left an invaluable mark on me. My abuelito’s journey to the United States initially on the Bracero Program led me to conduct research on the program. The Bracero Program was a binational labor agreement between the United States and Mexico that was in effect from 1942 to 1964. It was established due to the labor shortage brought about by World War II. Thousands of Mexican men were recruited and joined the program to work primarily in agriculture in states like California.

It was my abuelito’s cariño, work ethic, and courage as an immigrant that I have never forgotten. My abuelito worked in the highlands of Jalisco, Mexico, where his skilled farm labor contributed to making the highlands of Jalisco productive for the cultivation of agave. Thousands of the region’s men—including my abuelito—joined the Bracero Program and left Mexico for the United States. Once in the United States, they worked in the agricultural industry and transformed it into the multibillion-dollar business that it is today.

In my research, I have had the chance to interview members of the family of Rafael Silva, who was also a bracero from Jalisco. One of his grandsons, Isa Silva, will be entering Stanford next fall as a recruit for the Stanford Men’s Basketball team. I recently had the chance to talk with Isa and reflect upon the legacy of his abuelito and mine. The work that they performed was brutal, often working with the short-handled hoe for long periods. Reflecting on his abuelito’s contribution to making the Salinas Valley into the “Salad Bowl of the World,” Isa noted, “My grandparents’ immigrant journey and hard work means everything to me. It’s one thing that motivates me and inspires me. I respect the generations before me and am forever grateful for their sacrifices. Because of my grandparents and parents, I work hard in the classroom and it has taught me to give back.”

After the Bracero Program formally ended in 1964, agricultural executives sponsored thousands of braceros like Rafael Silva to stay in California. Not only had the braceros’ lives been transformed from rural poverty in Mexico to making working-class earnings, but their hard work would also eventually transform the lives of their children and grandchildren like Isa. Considered the “Ellis Island” for many Mexican immigrants, the U.S.–Mexico border became an important migration corridor for thousands wanting to find work in the agricultural fields in places like the Salinas Valley. For many young braceros, their earnings provided them with the hope of one day marrying and starting a family. For Rafael Silva, that hope became a reality when he married Eva Silva Ruelas and they settled near the U.S.–Mexico border in San Luis, Sonora, Mexico. While Rafael worked in the agricultural fields in Arizona, Eva and her young children resided in San Luis. Eventually they were able to move together to the Salinas Valley where Rafael continued working in the agricultural fields and Eva worked at the Matsui Nursery, a company founded by Andy Matsui, an immigrant from Japan.

My research has uncovered numerous stories of braceros like Rafael Silva overcoming poverty. Among children and grandchildren of braceros are professors at U.C. Berkeley and Stanford, members of the U.S. Congress and California legislature, as well as successful entrepreneurs, attorneys, educators, physicians, and a former NASA astronaut. Despite these successes, braceros themselves have received little recognition. With this in mind, I decided to organize an event with SPICE to honor braceros, with hopes that it would also make an indelible impression on a Mexican American generation whose bracero fathers or grandfathers had made major contributions to the U.S. economy. They, too, were part of America’s “Greatest Generation.”

On February 26, 2014, ten former braceros and their families were invited to an event at Encina Hall at Stanford. The invitees included Rafael Silva and Eva Silva Ruelas. Former FSI Director Mariano Florentino Cuellar, who is currently a California Supreme Court Justice, spoke along with Stanford Biology Professor Rodolfo Dirzo and me. SPICE Director Gary Mukai moderated the event and spoke about his youth as a farm laborer working with braceros. The evening was historic in that it was one of only a few times that former agricultural workers were recognized at a university. In the photo, I am standing next to my abuelito, José Guadalupe Rodriguez Fonseca, top left. Isa’s abuelito, Rafael Silva, is in the front center.

What else stood out that evening was the Silva grandchildren’s palpable love for their grandparents. One photo of the evening captures the Silva family legacy. Rafael (wearing a Stanford sweatshirt) and Eva Silva are in the middle with six of their children and numerous grandchildren surrounding them. Isa is standing in front of his grandfather. Three of their grandchildren are currently attending Stanford, with Isa soon to become the fourth. Reminiscing about the event, Isa noted, “I was a ten-year-old boy. It was cool to see the whole family get together and be there. We were there to support my abuelito and recognize all his hard work. It was great to see him honored for what he did so long ago. As we grow older, we appreciate him more and more.” Isa knows that his abuelito and abuelita’s journey is what transformed the Silva family and made his own American dream possible. Reflecting that pride in his family’s story, Isa closed our conversation by saying, “On and off the court, I will always represent being Mexican American.”