Pistons, PX, petroleum, politics: checking in with Chairman Ye Jianming

The incisive gaze of CEFC (Huaxin) Chairman Ye Jianming

The commanding gaze and handshake of CEFC / Huaxin Chairman Ye Jianming (source).

Since this blog last checked in with Ye Jianming in 2013, the youthful Chairman and his $40 billion CEFC (Huaxin) oil trading, storage and finance conglomerate have gone from strength to strength. It now ranks as the world’s 229th largest company by revenue.

CEFC originally attracted my attention due to Dai Xu‘s South China Sea warmongering under a “CEFC Strategic Analyst” title between 2011 and 2013. The company hasn’t been associating itself with that kind of militarism of late (at least not publicly), but its mystique has only intensified as various new information has come to light.

Here’s a brief rundown of what’s emerged since 2013:

  • Chairman Ye Jianming is not Lt-Gen Ye Xuanning’s son, nor Marshal Ye Jianying’s grandson. Far from being a princeling — my own and others’ best guess as to his background — he was born into a family of boatmen in the Fujian hinterland.
  • However, just as a blood relationship was finally disconfirmed, Chairman Ye turns out to be business partners with Ye Xuanning’s daughter in an entity bearing the PLA’s famous Carrie (凯利) brand.
  • The company’s oil trading business originates with assets confiscated from Fujian smuggling kingpin Lai Changxing, which it acquired in 2006. Chinese financial media reporting indicates that before becoming an oil baron, Ye made pots of gold by purchasing a state-owned piston factory, and wholesaling the industrial chemical PX.
  • Evidence of Chairman Ye’s involvement in the PLA General Political Department Liaison Department’s (GPD-LD) CAIFC system has continued to accumulate. Yet the GPD-LD’s fortunes appear to have been falling almost as fast as Chairman Ye’s have been rising.
  • There are signs the rise of Chairman Ye may be related to the rise of Chairman Xi — from Fujian via Shanghai, to Beijing, and out onto the Belt and Road. CEFC/Huaxin laid the groundwork for Xi’s triumphant state visit to the Czech Republic in March 2016, establishing a “key link” in his signature foreign policy initiative.

For those who find this all as irresistably intriguing as i do, these points are detailed below, followed by a selection of aphorisms from the expanding corpus of Ye Jianming’s Thought, and a brief personal disclaimer.

Read the rest of this entry »


The “next level smearing” of Chinese patriotism: a view from the Communist Youth League

“There’s the door”: one of many Communist Youth League-approved “memes” on the South China Sea issue

The first weekend after the July 12 Philippines vs China arbitration ruling — the “7.12 Incident” — has passed without reports of major anti-foreign protests.

There were, however, scattered cases of nationalist mobilization. There was at least one case of picketing outside a KFC in Hebei province (video), some smashing of iPhones (footage of which was often shared via iPhones), and a bunch of online dried mango retailers claiming to have switched their suppliers away from the Philippines.

Together with the various patriotic outpourings online, this was probably the largest set of collective actions by Chinese citizens on the South China Sea issue yet seen in China — bigger than Scarborough Shoal in 2012, or the peak of tensions in 2011, though still probably smaller and less intense than the demonstrations that would likely have occurred during the 2001 Sino-American EP-3 incident, had authorities had not prevented them.

While the Global Times hailed the “new wave of patriotism,” it was clear that, like in 2001, the party-state did not want real-world demonstrations. Municipal and university authorities were reportedly instructed to stay vigilantly on guard against potential mass gatherings. Nor, it seems, was online warmongering particularly desirable from the party’s perspective, with jingoistic Weibos encountering censorship.

An article published on the Communist Youth League’s Weibo illuminates some of the reasoning behind this desire to keep the patriotic outbursts relatively mild. It argues that much of the extreme nationalist outbursts are in fact “next-level smearing” (高级黑, referred to below as gaojihei) of China’s good patriots by anti-party elements posing as extreme nationalists.

Just how much of China’s ultra-nationalist output this actually accounts for is a wide open question. But the article offers evidence that it does explain at least some of the most visible and intense cases of what the outside world commonly understands as Chinese nationalism. In this way, it’s another illustration of how much more lurks behind shows of apparently anti-foreign mobilization besides simple “nationalist” ideology.

The examples cited suggest at least 4 distinct kinds of anti-regime motivation for extreme nationalist speech and actions:

  1. Critiquing the party’s ideological policies through parody;
  2. Giving patriotism negative associations;
  3. Fomenting domestic chaos that would destabilize party rule;
  4. Pushing for a war that would likely be disastrous for the party.

The article is written by one of the Communist Youth League’s most energetic proponents of pro-party “positive energy” in both China and Australia. Besides being on the committee of the All-China Youth Federation, Lei Xiying is a PhD student at Australian National University, whose previous projects include the “take a selfie with the flag,” setting up an Association for PhD Students and Outstanding Youth Scholars, and heavy promotion of last year’s military parade. He’s a prolific political commentator in the PRC state media, as well as in the Chinese-language media in Australia.

The author is, in short, a very worthy recipient of his Positive Energy Youth award bestowed on him by the Cyberspace Administration of China for being an “outstanding youth representative of online ideological construction.” As such, the article is illustrative of some of the issues facing the state’s leadership of popular nationalism on contentious foreign policy issues in the internet era, which i’ll return to briefly at the end.

 

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Life’s-a-game memes and the hijacking of youth patriotism by “crazy uncles”
游戏人生的表情包与当代青年被“怪蜀黍”绑架的“爱国”

Communist Youth League Weibo, July 16, 2016
Lei Xiying

“A gift for American President Putin”

This afternoon a post-1995 netizen sent me a “patriotic” photograph that he found confusing.

At a glance, with the slogan “violators of my China, however distant, must be punished” it’s a hot-blooded emotional “patriot.” But look a bit closer . . . Excuse me? [The calligraphic banner] is “a gift for US President Putin” . . . look again, a bald, bespectacled, half-naked, very inelegant “crazy uncle” with bad posture hits your eye . . .

“Bro, his patriotic expression is weird, how could he say the American President is Putin…”

I replied to this post-95’s doubts in three decisive words: next! level! smear! (高!级!黑!)

Is this surprising? Actually no, it’s commonplace. Whenever big things happen in China, whenever the whole population’s patriotic sentiments rise, these kinds of gaojihei are sprayed out everywhere.

For example, the author says, during the Diaoyu crisis, a person who had once burned the 5-star red flag suddenly became a patriotic Diaoyu defender, inciting the masses to take to the streets. Other suspect “patriots” had bragged about using the occasion to help themselves to a free meal or Rolex watch. “As for those among the peaceful patriotic marchers who urged violence and looting, their shouting of patriotic slogans was the loudest, but what was their objective?”

In one common gaojihei, Lei notes, netizens purported to blame actress Zhao Wei, who has again been the target of nationalist criticism of late, for masterminding the South China Sea arbitration decision, the Turkish coup attempt, and the Nice terror attack in order to divert attention from her sins.

Satirical posts blaming recent events, including the South China Sea arbitration, on Zhao Wei

Lei makes an important distinction between those who initiate extreme nationalist actions and those who join in later:

The initiators of this type of information are generally troublemakers, while those who forward it on are overwhelmingly ordinary netizens with naive patriotic sentiments — their heart is good, but due to their unfamiliarity with the internet’s complex public opinion environment, they are used by people with a purpose.

Besides these, some groups who are normally very dissatisfied with the state, the current system and the present state of affairs, suddenly become interested in patriotism, and urge everyone to take to the streets, and take to the battlefield.

The author then provides several examples of such suspects.

Another concern is the attempts to link party-sactioned patriotism with the sickening violence seen in the anti-Japan demonstrations over the Diaoyu Islands in 2012.

Some people take the opportunity to smear and exaggerate the behaviour of “extremist elements,” and use this to “represent” and “denounce” the rational behaviour of the overwhelming majority of patriotic youth, enacting maximum distortion on patriotism.

Have we taken to the streets and smashed things? Committed violence? We are just playing with memes (表情包), OK?

Weibo post on July 14 recalling protester Cai Yang’s horrific hammer attack on Toyota driver Li Jianli during the 2012 anti-Japan protests in Xi’an

The author then takes the opportunity to address some other criticisms of South China Sea patriotism. A comment observing two main types of nationalists, “very smart swindlers” and “very emotional idiots,” comes remarkably close to Lei’s own analysis of the initiators and followers noted above. Not surprisingly, his rebuttal does not acknowledge any such parallel:

Please do not force these meaningless labels on us, OK? If you must label us, we are the ‘party of memes’ (表情包党), OK?

In response to a middle-aged Weibo user’s observation that outbursts of patriotism tend to involve the denouncing of race-traitors:

We love the country but we do not arrest traitors, that was your generation’s hobby, our hobby is memes, OK?

“What you’re doing is moral hijacking”: one of the Communist Youth League patriotic meme gang’s responses to the critics

In the words of noted scholar Liu Yang 刘仰: “If you trace the patriotic demonstrations over the past few years, you find that every time patriotic enthusiasm is ignited, a succession of acts of sabotage follow. Strong voices immediately appear afterwards, saying patriots are ‘angry youth,’ patriots are criminals, patriots are extremist terrorists, patriots are ignorant brain-dead! . . . Time after time patriotic enthusiasm has ended in farce. This may be the behind-the-scenes manipulators’ objective: [keep this pattern repeating] until one day when China really needs the power of patriotism no one will appear, like the villagers in the Boy Who Cried Wolf or King You’s generals after he played with the fire beacons (‘烽火戏诸侯’故事里的勤王之师).”

Thankfully, according to the author, the plot was thwarted thanks to the Communist Youth League sending out articles such as his own, discouraging any boycotts of any country’s products, and designating memes as the “patriotic form” of choice for today’s youth.

“I’m not giving you a single fish from my South China Sea”

In conclusion Lei notes that critics of patriotism had different motivations corresponding to their generations. In contrast to the post-1970 and post-1980 generations (who presumably act on the basis of their westernised values), post-1950 and post-1960 critics of contemporary youth patriotism are often driven by their disillusionment with “the current system, road, and theory.” The article finishes with a rousing affirmation of the current generation:

Our understanding of history, of China, and of the world is inevitably more complete, more objective, more rational than that ‘historically burdened’ generation

. . .

this is why, after the 7.12 arbitration incident, we did not take to streets, scream protests, or even smash things up as some people had hoped . . . on the contrary we initiated a form of ‘mocking and scolding’ (嬉笑怒骂) unique to this generation.

“Your ignorance pains me”

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Not sure if the summary above hangs together at all — the article itself is similarly disjointed — but it does raise a couple of issues facing the state’s leadership of popular nationalism on contentious foreign policy issues in the internet era.

First, as the Liu Yang quote suggests, the CCP state’s ability to tap into the power of popular nationalist mobilizations is significantly compromised by the moderate backlash their extreme elements generate. This point, borne out in Chris Cairns and Allen Carlson’s recent study of the 2012 wave of nationalism, has been recognized by other smart minds within the propaganda system. In a research interview in 2013, a state media employee familiar with audience costs theory observed that any international leverage China may gain from allowing domestic protests is greatly diminished when violence ensues. Not only does protest violence require suppression, thereby foregrounding the state’s ability to control nationalist outrage. It also brings forth strong anti-nationalist voices from across society, suggesting popular support for defiance of nationalist demands for escalatory foreign policy choices.

Second, perhaps reflecting the need to protect trade ties in a time of economic uncertainty, the CYL was clearly keen to specifically discourage boycotts among the youth, and substitute them with online “memes” (表情包). For the party-state to adopt these particular forms of internet-era youth expression as a vehicle for its propaganda makes perfect sense. But as a substitute for real political action it’s so openly inconsequential (and, due to the need for political correctness, humourless) that i wonder how this could possibly satisfy any genuine nationalist anger about the South China Sea issue — let alone the kind of general dissatisfaction with life that underpins at least part of it. This might be why some of the approved “memes” contained nods in the direction of slightly more violent Cultural Revolution-esque imagery (e.g. the one below).

What else is going on here? What am i missing about this “meme” strategy? As always, thoughts, suggestions, corrections etc. most welcome.

 

“You, a banana seller, dare to scramble with daddy for the South China Sea!”


South China Sea arbitration: don’t count on a decisive Philippines win

Thomas_Aboagye_Mensah_-_Flickr_image_8671842802

Thomas A. Mensah, Presiding Arbitrator of the Philippines vs China arbitral tribunal. Among Judge Mensah’s many qualifications, he was the inaugural President of the ITLOS, on which he served from 1996 to 2005. Contrary to PRC propaganda claiming the arbitral tribunal is “presided over by a former Japanese diplomat” Judge Mensah is from Ghana.

Here’s a bit of speculation ahead of the UNCLOS arbitration decision on Tuesday, written for the Australian Institute of International Affairs’s website.

My argument is that, however shrill and legally unconvincing the PRC’s propaganda campaign may seem, it will force the tribunal to take politics into account to an even greater extent than it would have otherwise — so expect some significant concessions to China. As Bill Bishop points out, the CCP has a long tradition of overcoming deficiencies of reason via sheer force of rhetoric (强词夺理). Of course, i could be proved wrong in short order; if so, things may get very interesting for the PRC’s relationship with the UNCLOS.

I’ve also added in the page numbers of the article’s references to the tribunal’s Award on Jurisdiction. Obviously i’m not a lawyer and it’s a case where the fine-grain details are crucial, so i’d especially appreciate any corrections.

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South China Sea arbitration: don’t count on a decisive Philippines win

AIIA Australian Outlook
July 7, 2016

By Andrew Chubb

On 12 July, an international arbitral tribunal will hand down its findings in a landmark case brought by the Philippines against China over the South China Sea issue. The decision will have far-reaching implications, not only for this contentious maritime dispute but also for international law and politics in East Asia.

United States officials have expressed concern that the decision may exacerbate tensions in the region if China responds to an adverse finding with new assertive moves in the disputed area. However, contrary to the expectations of many observers, a total victory for the Philippines is unlikely. At least some key findings will probably favour China due in part to the political interest of the tribunal in protecting the status and relevance of the law of the sea in international politics.

The case has been particularly contentious due to China’s allegation that the Philippines is “abusing” the UN Convention on the Law of the Sea (UNCLOS) processes. China’s subsequent refusal to take part in the proceedings, relentless propaganda campaign aimed at delegitimising the tribunal among domestic and international audiences, and its frenetic efforts to enlist statements of support from foreign governments, have created a backdrop that means the tribunal is unlikely to decide the case on legal merits alone.

Even if the merits of the Philippines’ claims are strong, the arbitrators will be keen to avoid appearing to make a one-sided ruling. Instead, they will seek to make at least some concessions to China in order to neutralise Beijing’s political attacks on the tribunal’s authority, minimise the political fallout, and forestall the possibility of a Chinese withdrawal from UNCLOS. The latter scenario, while highly unlikely, would be a major disaster for the cause of international law, so it is likely to be among their considerations as legal professionals.

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The current state of play

The Philippines has asked the arbitral panel to rule on 15 specific questions concerning the South China Sea with the aim of clarifying the limits of the sea areas that China can legally claim under UNCLOS. The Philippines’ contentions can be summarised as:

  • China’s claims to “historic rights” within the nine-dash line are invalid under the Convention (submissions 1 & 2)
  • Scarborough Shoal is not an island, and therefore generates no entitlement to maritime rights beyond 12 nautical miles (nm), such as an Exclusive Economic Zone (EEZ) or Continental Shelf (submission 3)
  • China’s outposts in the disputed Spratly archipelago are also not islands, and therefore also generate no EEZ or Continental Shelf entitlement (submissions 4, 5, 6 & 7)
  • China has conducted maritime law enforcement and economic exploitation activities in areas where it does not have any lawful claim, thereby violating the Philippines’ lawful rights under the Convention, while also violating the Convention’s safety requirements (submissions 8, 9, 10, 13 & 14)
  • China’s massive island-building projects breach the Convention’s rules on artificial islands, constitute unlawful appropriation of maritime spaces, and violate the Convention’s obligations not to damage the marine environment – as do its fishing, coral and clam harvesting activities at Scarborough Shoal and in the Spratly Islands (submissions 11 & 12)

The Philippines is also asking the tribunal to order China to drop any unlawful claims and desist from any unlawful activities (submission 15).

In response, China argues that these matters are “in essence” issues of territorial sovereignty, which UNCLOS was not intended to govern, and maritime boundary demarcation on which China has invoked its right to reject compulsory dispute resolution. Beijing also argues the Philippines is legally bound by its previous “commitments” to settle its disputes with China through bilateral negotiations.

However, in October 2015, the tribunal issued its preliminary award  and found that it is competent to rule on at least seven of the Philippines’ 15 claims against China. In an official statement, China expressed anger at the ruling, this time accusing both the Philippines and the arbitrators themselves of having “abused the relevant procedures”. Notably, however, it avoided any suggestion that it was rejecting the UNCLOS itself.

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Political considerations

Numerous analysts, including many in Manila both inside and outside government, expect that when the arbitral tribunal hands down its final award, the ruling will find in favour of the Philippines.

But as Phillipines legal academic Jay Batongbacal has noted, the tribunal had a strong incentive to accept jurisdiction over the case because doing otherwise would have been tantamount to an admission that UNCLOS is irrelevant in one of the world’s most important waterways, and one of its most dangerous maritime hotspots.

However, the same considerations make a total victory for the Philippines unlikely. Not only would this outcome draw even more furious political attacks on the tribunal’s authority from China, a decision seen as one-sided would increase the rhetorical bite of Beijing’s international propaganda.

The Award on Jurisdiction issued last October foreshadowed findings favourable to China on some key issues. For example, it noted that if China’s island-building and law enforcement actions are found to be “military in nature” then it may be unable to rule on their legality as these are excluded from the Convention’s dispute resolution procedures (p.140).

Perhaps even more importantly, the Award (pp.62-63) also flagged the possibility of the tribunal providing an implied reading of the nine-dash line’s meaning for China:  development that could effectively legalise the PRC’s infamously unclear and expansive claim.

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What to expect

The case’s greatest significance may lie in providing the first legal precedent defining specific criteria for what constitutes an “island” (entitled to an Exclusive Economic Zone and Continental Shelf under UNCLOS), as opposed to a “rock” (which is only entitled to 12 nautical miles of territorial sea).

Previous international legal rulings have deliberately avoided this question, but the Philippines’ submission has put the issue front and centre. The Award explicitly noted that “the Philippines has in fact presented a dispute concerning the status of every maritime feature claimed by China” in the disputed area (p.72). This suggests the tribunal may make the long-awaited definition. This would also accord with the arbitrators’ imperative to maximise UNCLOS’ relevance in international politics as it would help clarify the status of other disputed maritime rights claims in Asia and beyond, notably Japan’s claim to a 200nm EEZ around Okinotorishima.

It is no certainty that this will happen. It remains possible that the tribunal would simply rule that there may exist one or more islands within 200nm of the relevant areas: a conclusion that would be sufficient to prevent consideration of the Philippines’ claims against China in those areas.

Although the case is too complex to predict specific findings with certainty, the Philippines’ best hopes probably lie in obtaining an explicit rejection of China’s claims to “historic rights” and an affirmation that Scarborough Shoal—but not the much larger Spratly archipelago—is a rock and not an island, meaning the surrounding waters outside 12nm cannot be subject to any legitimate Chinese claim.

US officials worry that the ruling may exacerbate tensions in the region if China responds to an adverse finding with more assertive moves. Reclamation activities at Scarborough Shoal and the declaration of an Air Defense Identification Zone in the South China Sea have been touted as possible responses.

Despite China’s decision to ignore the tribunal’s verdict, it has major stakes in UNCLOS’ ongoing viability. These include deep seabed mining concessions in international waters and its outer continental shelf claim in the East China Sea. UNCLOS is also central to China’s argument that US naval surveillance activities off its coast are illegal.

This leaves Beijing in the awkward position of trying to cast itself as a defender of UNCLOS while ceaselessly attacking an arbitration process constituted directly under its auspices. The continuation or even intensification of China’s political campaign threatens the global authority of UNCLOS as it seeks to divide signatory states into opposing camps. I may be proved wrong on Tuesday but I suspect the SCS tribunal’s arbitrators will be only too aware of this as they prepare their ruling.


“The arbitrators will themselves be judged by history”: domestic aspects of China’s UNCLOS propaganda blitz

People's Daily, June 27, 2016, p.3

People’s Daily, June 27, 2016, p.3

There has rightly been plenty of attention directed towards the PRC’s furious campaign to enlist, or at least appear to enlist, international support for its rejection of the arbitral tribunal that will shortly adjudicate on 15 complaints about China’s actions in the South China Sea. The latest broadside against the tribunal from the People’s Daily is a helpful reminder of some domestic aspects shaping the propaganda blitz.

The wave of propaganda from China’s English-language mouthpieces (and presumably those in other languages too) is certainly not receding, and in fact judging by Xinhua’s Twitter stream it is gathering momentum. 

The weekend just gone brought forth one of the more brazen pieces of propaganda from Xinhua, titled, Turkey agrees China’s stance for resolving disputes via dialogue. Readers who clicked through to the story may or may not have noticed that by “Turkey,” the article was in fact referring to Dogu Perincek, Chairman of the Patriotic Party, which has zero seats in the Turkish parliament, and who just recently got out of jail following one of Erdogan’s crackdowns.

But “Chairman of the Turkish Patriotic Party” sounds quite legitimate and credible, at least when translated into Chinese. Not surprisingly, then, the story was widely publicized in the domestic media under the headline: Turkish Patriotic Party Chairman says China has no duty to obey the South China Sea arbitration ruling.

This points to the importance of domestic considerations shaping China’s campaign to delegitimize the UNCLOS arbitration. As is so often the case, domestic may help explain quite a bit: the curiously un-legalistic tone of China’s critiques of the international legal process, with lots of high-strung rhetoric of brazen betrayals and malicious conspiracies instead; a fixation with getting foreigners to back the PRC’s position (even as the Beijing maintains its resolute opposition to “internationalizing” the issue); and a conga-line of usually obscure domestic organs lining up to say exactly the same thing, from the China Society of the Law of the Sea to the China Fisheries Association.

Besides pursuing the ever-elusive goal of “unified thinking” among party and military, there are good reasons why the CCP would be concerned about shoring up support among the general public in China. In early 2013, before the PRC had gone public with its rejection of the arbitration, about 6 out of 10 urban survey respondents indicated that they thought international arbitration sounded like a reasonable way of handling the South China Sea disputes. The article that appears below in summary translation, from the People’s Daily‘s foreign affairs commentary team “Zhong Sheng,” seems illustrative of how hard the CCP is trying to delegitimize the arbitration among domestic audiences. It appeared on p.3 of the official party mouthpiece, and became a top headline throughout the day on major commercial news portals on June 27.

The article also makes plain the PRC’s heavy stake in the ongoing viability of the UNCLOS system, which has put China is in the awkward position of trying not to undermine the convention while ceaselessly attacking an arbitration process constituted directly under its auspices. This may seem hopelessly contradictory, but in the CCP’s eternally-correct dialectical approach to policy there’s generally a way for the party to have its cake and eat it too. In this case, the correct handling of the contradiction lies in convincing domestic and international audiences that China is in fact defending the authority and integrity of the UNCLOS by rejecting the arbitration. Not only is the Philippines maliciously “abusing” the process, and the US hegemon puppeteering behind the scenes, the arbitrators themselves are reckless and ill-intentioned co-conspirators who will be judged by history.

(Now just repeat ad nausem and — bingo! — another contradiction inevitably resolved…as long as the immutable laws of history haven’t been infiltrated by those same shadowy forces who got to the law of the sea.)

Appearing next to the article in the People’s Daily print version was a piece proclaiming that participants at a conference at Leiden University, co-organized with Wuhan University, had concluded: Philippines’ South China Sea arbitration violates international legal principles. An English version of the latter piece is available here: Int’l experts question proceedings of South China Sea arbitration.

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Zhong Sheng: China’s inevitable choice of determination and capability
中国意志和能力的必然选择(钟声)

2016/06/27

Top headline on Sina, QQ, Baidu, Huanqiu, NetEase news platforms under headline. “Party paper: China completely capable of towing away Philippines ship on Second Thomas Shoal”

“Zhong Sheng” begins by observing that America’s pushing of the militarization of the SCS and words and deeds showing off its weaponry, have deepened China’s concerns about harm to its own interests, and raised China’s resolve to increase its capabilities to defend those interests.

Of course, the islands of the SCS belong to China and no country even said anything to the contrary otherwise until the 1970s. But then,

“tempted by the prospect of resources, the Philippines and other countries, under the excuse that the islands were within 200nm of their shores, attempted to using maritime administrative rights claims to negate China’s sovereignty over the Spratlys. To use a common expression, China’s Spratly islands were looted.”

As to why the PRC allowed this to happen,

it wasn’t because China did not have the ability to stop the illegal occupations, but rather because of China’s extremely restrained response. However, China has bottom lines, and no Chinese government administration has made any compromise on the sovereignty questions. Today, in the southern part of the South China Sea China does not have a single oil well, Chinese fishing boats are often impounded, and fisherfolk often detained. People should ask whether this is the ‘strong bullying the weak’ or the ‘weak bullying the strong.’

Since the 1960s China has settled border disputes with 12 out of 14 land neighbours. This is “the best example of China resolving disputes through bilateral negotiation, of its independent foreign policy, its peripheral diplomacy policy of good-neighbourliness, and its practice and upholding of international law.”

The story of Second Thomas Shoal, according to Zhong Sheng, is evidence of China’s good intentions:

“China is completely capable of towing away the Philippine ship grounded there, but for the sake of the overall situation of stability in the SCS, China has kindly and patiently waited, all along maintaining an extremely restrained attitude.”

The Philippines’ has openly engaged in vile treachery 背信弃义 by requesting arbitration, Zhong Sheng tells readers, for in 2011 Pres Aquino agreed to joint development and promised to resolve disputes through negotiation. But then 18 months later he wantonly filed for arbitration without even telling China beforehand.

UNCLOS article 298 provides for state parties to declare non-acceptance of dispute resolution processes, including arbitration. China did this in 2006 and nearly 30 other countries have done likewise. Thus,

China’s non-acceptance and non-participation, much less recognition, is completely in accordance with international law including UNCLOS. It is proper and legitimate, and is an action that respects international law and safeguards the integrity and authority of the UNCLOS. If the tribunal ignores basic principles of UNCLOS, and basic common sense in international law, forcing a judgement, it will set a dangerous precedent, opening a maritime ‘Pandora’s Box’, for which the arbitrators will themselves be judged by history.”

Finally, America is militarizing the SCS in the name of opposing militarization – it’s America’s ships and aircraft making waves there, and American officials who are “issuing evil words that destroy the peace and stability of the region.”

“America’s advancing of the militarization of the SCS, and its words and deeds that show off its weaponry, have deepened China’s concerns about harm to its own interests, and raised China’s resolve to increase its capabilities to defend those interests.”

China’s capabilities and determination mean that it will not compromise. However, China has no intention of becoming a world superpower, or even a regional boss.

“America absolutely does not need to worry about a strong China challenging its global interests. Ideas about treasuring peace have been handed down through the generations in China, and the gene of peace is deeply planted in the blood of the Chinese people.”


China announces the US’s Spratly patrols to the masses

“If any countries have delusions of using small actions to interfere with or even obstruct the Chinese side’s reasonable, fair and legal activities on its own territory, then I must urge those countries to abandon those fantasies as soon as possible.” – MFA spokesman Lu Kang, October 27, 2015 (click to view video on CCTV).

Have been trying to avoid the temptation of blogging, but the US and China conspired to break my resistance…

The US early this morning (Beijing time) finally followed through with its plan to patrol within 12nm of at least one of the PRC’s artificial islands, and China has just announced the developments to the whole country via CCTV’s 7pm news broadcast.

The 7pm news program Xinwen Lianbo 新闻联播 is both the most-watched and most tightly-controlled news broadcast in the country. Whatever appears there can reliably be understood to be there for primarily political reasons, rather than due to professional media “news values” or sensationalism. What makes Xinwen Lianbo a unique source of insight compared with other media carrying authoritative content, such as the People’s Daily or Liberation Army Daily, is that while the official press’s readership is mostly limited to elites and the attentive public, Xinwen Lianbo is watched by perhaps 50 to 100 million or more ordinary people. In short, it carries the Party Line to the masses.

Although Xinwen Lianbo’s presentation style has evolved slightly in the 2000s, content-wise the bulletins are still dominated by detailed narrations of the top leaders’ meetings with international dignitaries and each other, updates on the ever-successful rollout of party policies and campaigns, paeans to model citizens and, last of all, a few general news reports, usually very brief. Foreign affairs controversies like the South China Sea dispute are rarely mentioned — when they are, it is usually in the context of leaders’ anodyne remarks about appropriately handling differences and jointly upholding stability in meetings with their counterparts from rival claimant states, most commonly Vietnam.

Mentions of specific developments in disputed areas are rarer still — even when they cast the party in a positive light from a hardline nationalist perspective. To take one topical example, China’s massive island-building activities began in early 2014 and were widely reported in foreign media from around June last year, but they only received their first mention on Xinwen Lianbo on June 16 this year. Evidently, the leadership normally prefers to handle these issues without encouraging scrutiny from the broad masses. This is why it is meaningful when contentious developments and confrontational rhetoric, such as that surrounding the US patrols, rate a mention.

At 1 minute 40 seconds, this Xinwen Lianbo report was quite lengthy compared with other South China Sea stories. Here it is in translation:

CCTV host: Today, the US warship Lassen, without permission from the Chinese government, illegally entered waters adjacent to China’s relevant islands and reefs in the Spratly archipelago. Regarding this, China expressed strong dissatisfaction and resolute opposition, and urged the American side to immediately rectify its mistakes.

CCTV voiceover: Chinese Foreign Minister Wang Yi, when asked during the China-Japan-Korea symposium today, advised the US side to think thrice before acting, and not be rash or make trouble. In this afternoon’s daily press briefing, MFA spokesperson Lu Kang reiterated, China has indisputable sovereignty over the Spratly Islands and their nearby waters.

Lu Kang: If any countries have delusions of using small actions to interfere with or even obstruct the Chinese side’s reasonable, fair and legal activities on its own territory, then I must urge those countries to abandon those fantasies as soon as possible.

CCTV voiceover: Lu Kang said the Chinese side has always respected and defended the freedom of navigation and overflight enjoyed by every country in the South China Sea under international law, but firmly opposes any country harming China’s sovereignty and security interests in the name of [Freedom of Navigation].

Lu Kang: The Chinese side resolutely defends its own territorial sovereignty, security and its legitimate and reasonable maritime rights and interests. China will firmly respond to any country’s deliberate provocation. We will continue to closely monitor the situation in the air and on the water, and adopt all necessary measures as needed.

CCTV voiceover: Lu Kang said the Chinese side strongly urges the American side to earnestly take heed of the Chinese side’s solemn representations, immediately correct its mistakes, not engage in any dangerous and provocative behaviour that threatens China’s sovereignty and security interests, and strictly abide by its commitments not to take a position on sovereignty disputes, in order to avoid further damaging Sino-American relations and regional peace and stability.

A Xinwen Lianbo report like this not only directly announces the party line to a massive audience, it also legitimizes other media to focus on the issue. As far as i can tell, this must reflect the propaganda authorities’ understanding that the party leadership wants the issue near the top of the broad public’s agenda, at least in the short term. If this assumption is sound (and please let me know if you disagree), the next question is why.

I’ve been watching the Chinese media treatment of the issue over the past 2-3 weeks, and will try to put together something more comprehensive together when we see how this plays out, but for now i’ll just try to point out a few features of the CCTV report’s content.

1. The CCP has chosen to make this an issue of sovereignty. Graham Webster noted recently in the US-China Week newsletter, China has carefully maintained ambiguity regarding its claims around the Spratly Islands and reefs. In particular, it has not explicitly stated which reefs it considers to be surrounded by 12nm territorial seas 领海. That deliberate ambiguity is continuing, as reflected in the term “adjacent waters 邻近海域” in the PRC statements today (see above). Subi Reef, where the US Navy patrolled today, is almost certainly not entitled to a (sovereign) territorial sea under international law, and as i argued in East Asia Forum last month, this actually makes the patrols less provocative than they might otherwise be. But five mentions of “sovereignty” in CCTV’s 100-second report makes clear that the PRC wants domestic discussion of the issue to be on these terms. The MFA spokesman mentioned “security interests,” “maritime rights and interests,” “provocation” and “dangerous behaviour” — the CCTV report could have focused on any of these complaints, but instead repeatedly emphasized “sovereignty,” a choice that is likely to capture everyday people’s attention and potentially inspire nationalist mobilization.

2. The lines about some countries’ “delusions” about obstructing China’s Spratly construction projects will allow the CCP to depict itself as bravely defying foreign pressure as it moves forward. The line appears to be primarily domestically oriented, given that it is missing from the MFA’s account of Lu Kang’s remarks on the topic. It sets up a kind of straw-man idea that the patrols are aimed at forcing China to stop its construction work on the artificial islands. Pushing this line to domestic audiences makes good sense, because it will frame any future updates about new Chinese facilities in the Spratlys as shows of unwavering determination in the face of US pressure.

3. The high-handed demand that the American side “correct its mistakes” leaves the CCP well positioned to claim that its stern response forced an aggressive hegemon to back down. At least one US official has described the patrols as “routine“, suggesting there will be more to come. Even if the US patrols happen, say, once a month from now on, it will be up to the CCP to decide how often Chinese mass audiences hear about this. Having established a high level of domestic publicity on this occasion, the CCP might well be able to (implicitly or explicitly) encourage the perception that it forced the US to back down, simply by not affording the same level of publicity to future FoN patrols.

So there are three speculative domestic rationales for the CCP’s decision to publicize the issue. A more internationally-oriented answer with plenty of explanatory purchase is the “strategic logic” of nationalist protest Jessica Chen Weiss outlined in her book Powerful Patriots and elsewhere. The theory focuses on the state’s decisions to allow or disallow anti-foreign street demonstrations, and who knows, those might be just around the corner…

I’d love to hear readers’ thoughts on what China going public like this means, so please leave a comment or get in touch.


Luconia Breakers: China’s new “southernmost territory” in the South China Sea?

Luconia Breakers (Shan Zhiqiang blog)

The “island” at Luconia Breakers 琼台礁/Hempasan Bantin (source: Chinese National Geography, October 2010)

In a vivid illustration of how dynamic the status quo in the South China Sea can be, an apparently new Spratly island, formed by the forces of nature, has become a source of tension between China and Malaysia.

Luconia Breakers (Hempasan Bantin / 琼台礁) is just over 100km north of James Shoal, the shallow patch of ocean that Chinese people are routinely taught is the southernmost point of their country’s “territory“, despite it being several metres underwater.

As this post will show, unlike James Shoal, the territory at Luconia Breakers actually exists above the waterline. This is significant because if the PRC ever needs to clarify the nature of its maritime claims under international law, it could end up adopting the “new” feature as its southernmost territory.

Topping off the intrigue, the train of events leading to the current Sino-Malaysian standoff may well have been set in motion by an adventurous Chinese magazine team.

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Exploring China’s “Maritime Consciousness”, public opinion and nationalism

Maritime consciousness report cover

Somehow i’ve omitted to mention the report released in November on my first survey of Chinese public opinion on the country’s maritime disputes: Exploring China’s ‘Maritime Consciousness’: public opinion on the South and East China Sea disputes.

If you’re reading this blog you would probably have come across the report already. But since it’s based on on 1,413 conversations on the South China Sea and Diaoyu disputes, it probably does warrant a mention on this blog.

I’m doing a presentation and panel discussion on the report today (Monday, March 2) at the Australian Strategic Policy Institute, which Canberra-based readers may be interested in. I think the RSVP date has passed, but it’s probably a case of the more the merrier so if you’re keen i suggest clicking the link and getting in contact with ASPI.

Also based on the survey, a recent piece published on the University of Nottingham’s excellent China Policy Institute blog, as part of a special issue on nationalism in Asia. My contribution to that below:

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Nationalism and Chinese public opinion

China Policy Institute Blog, February 3, 2015

By Andrew Chubb

Few terms in public political discourse are as contested, contradictory and downright slippery as nationalism. Deployed to describe an enormous variety of social movements, ideologies, popular attitudes, mass sentiments, elite policy agendas and even consumption patterns, use of the word carries with it a risk of stringing together superficially related phenomena with very different causes under the same label. The recently released results of a survey on the South and East China Sea disputes offer further reason for caution when approaching Chinese public opinion through the lens of nationalism.

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