How China Shot Down Its Own A2/AD Lawfare Strategy
China’s warships sailing through United States' territorial waters have neutralized the Middle Kingdom’s “Legal Warfare” of anti-access/area-denial in East Asia.
A rising China faced a maritime dilemma on the issue of freedom of the seas and, quite possibly, has made a choice on how it will proceed. In short, the recent transit by China’s warships in U.S. territorial seas near Alaska, coupled with China’s recent military activities in foreign EEZs, demonstrate a realization that China needs the freedom of the seas now more than ever, and a reality that China’s view of the applicable international law must evolve to respect that freedom fully in order for China to enjoy it globally.
Consequently, the recent actions of China’s navy have closed this chapter of China’s “legal warfare” forever. To be sure, in the months and years ahead, the Presidents, diplomats, military leaders, commentators, and academics from the two nations can and should discuss a variety of issues affecting U.S-China relations and international security. But one topic that is no longer worthy of discussion is the legality of foreign military activities in China’s EEZ or the right of foreign warships to transit through China’s territorial seas. That legal debate is over…finally.
Proponents for the freedom the seas, including those in the United States, should not gloat or patronize about China’s apparent decision to embrace that freedom. Likewise, critics of U.S. military activities in the waters of East Asia, including those in China, should not recycle the antiquated rhetoric that such activities violate international law. It’s time to move on.
Commander Jonathan G. Odom is a judge advocate (i.e., licensed attorney) in the U.S. Navy. Currently, he serves as a Military Professor of Law in the College of Security Studies at the Daniel K. Inouye Asia-Pacific Center for Security Studies in Honolulu, Hawaii, where he teaches international law, national security law, oceans policy, and maritime security. From 2012 to
August 2015, he served as the Oceans Policy Advisor in the Office of the Secretary of Defense. From 2008 to 2012, he served as the Deputy Staff Judge Advocate (i.e., deputy legal advisor) to Commander, U.S. Pacific Command. The views expressed are his own and do not necessarily reflect the positions of the U.S. Department of Defense or any of its components. He may be contacted at [email protected].
Image: Wikimedia/U.S. Navy Photo
