Friday, December 7, 2012

China makes a splash with coastguard rules

If the PRC is going to succeed in its objective of ordering affairs in the South China Seas to its liking through bilateral negotiations with a number of rightfully resentful and suspicious states - chiefly Vietnam and the Philippines - it will have to communicate its

  
tactical moves as escalations and concessions carefully calibrated to the demands of each local hot spot. 

To play the rogue dragon blundering through the southern oceans simply reinforces the conviction of China’s neighbors that better behavior and, perhaps, better results can be obtained by the solution that the PRC abhors: the aggrieved nations clubbing together through the Association of Southeast Asian Nations (ASEAN) and with the support of the United States pursuing negotiations in a multilateral forum.


Police in Hainan will be authorized to board and search ships that illegally enter the province's waters in 2013, the latest Chinese effort to protect the South China Sea. 


Under a set of regulation revisions the Hainan People's Congress approved on Tuesday, provincial border police are authorized to board or seize foreign ships that illegally enter the province's waters and order them to change course or stop sailing. 


The full texts of the regulations, which take effect on Jan 1, will soon be released to the public, said Huang Shunxiang, director of the congress's press office. 


Activities such as entering the island province's waters without permission, damaging coastal defense facilities, and engaging in publicity that threatens national security are illegal. 


If foreign ships or crew members violate regulations, Hainan police have the right to take over the ships or their communications systems, under the revised regulations. [1]


Then it was the turn of the New York Times on December 1 to deliver an anxiety upgrade: "Alarm as China Issues Rules for Disputed Area". [5] Manila Times added a serving of gasoline to the fire: "Chinese Police to Seize Foreign Ships in Spratlys". [6] The Indian Express evoked the Hainan regulations in its coverage: "Ready to Protect Indian Interests in South China Sea: Navy Chief". [7] 


1. They are part of an upgrade/clarification of coastguard regs throughout China. Media reports show that, for instance Hebei and Zhejianghave also issued new regulations at the same time. 

2. It appears their target is nationalist demonstrators from neighboring nations intent on island-related mischief. The main purpose of the new regs is to establish a clear public policy allowing for the coastguard to take action against people who try to land on the islands or sail around the islands and [irritate] the PRC (like the Taiwanese and Hong Kong demonstrators did to Japan around the Senkakus). I'm assuming that's the reason why the coastguard announced it is not going to permit any "hooliganism" inside China's claimed territorial waters (a catch-all term for activity without a clearly identified legitimate purpose, according to the PRC and in this case probably includes spraying coastguard vessels with fire hoses, hotdogging, etc.). 

3. So the new regs forbid crossing borders or entering ports without permission; illegal island landings; messing with facilities on islands China claims; propaganda that violates China's sovereignty or national security. The regs are written not to impinge on lawful freedom of transit. The coastguard is only supposed to go after ships that illegally "stop or drop anchor" while transiting. 

4. I think the reason why the Hainan regulations were given such prominence is because the PRC wanted to put the Philippines and Vietnam on notice that sending out nationalist armadas/landing parties to contested islands would elicit an escalating response from the Chinese. Going after demonstrators in an organized, legalistic way (instead of ad hoc reactive response) is a relatively cheap and easy way for the PRC to assert and demonstrate effective sovereignty of the areas it claims. One could call this escalation, and/or an attempt to set clear ground rules to help avoid conflict. 

5. I see the intent of the regulations as written is to promote the PRC's idea of routine, lawful maritime enforcement. It will be interesting to see how energetically this is spun as "PRC violates freedom of navigation".






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