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China's Maritime Disputes in the East and South China Seas

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China's Maritime Disputes in the East and South China Seas i CHINA’S MARITIME DISPUTES IN THE EAST AND SOUTH CHINA SEAS HEARING BEFORE THE U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION THURSDAY, APRIL 4, 2013 Printed for use of the United States-China Economic and Security Review Commission Available via the World Wide Web: www.uscc.gov UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION WASHINGTON: 2013 ii U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION Hon. WILLIAM A. REINSCH, Chairman Hon. DENNIS C. SHEA, Vice Chairman Commissioners: CAROLYN BARTHOLOMEW DANIEL M. SLANE PETER BROOKES SEN. JAMES TALENT ROBIN CLEVELAND DR. KATHERINE C. TOBIN JEFFREY L. FIEDLER MICHAEL R. WESSEL SEN. CARTE P. GOODWIN DR. LARRY M. WORTZEL MICHAEL R. DANIS, Executive Director The Commission was created on October 30, 2000 by the Floyd D. Spence National Defense Authorization Act for 2001 § 1238, Public Law No. 106-398, 114 STAT. 1654A-334 (2000) (codified at 22 U.S.C. § 7002 (2001), as amended by the Treasury and General Government Appropriations Act for 2002 § 645 (regarding employment status of staff) & § 648 (regarding changing annual report due date from March to June), Public Law No. 107-67, 115 STAT. 514 (Nov. 12, 2001); as amended by Division P of the “Consolidated Appropriations Resolution, 2003,” Pub L. No. 108-7 (Feb. 20, 2003) (regarding Commission name change, terms of Commissioners, and responsibilities of the Commission); as amended by Public Law No. 109-108 (H.R. 2862) (Nov. 22, 2005) (regarding responsibilities of Commission and applicability of FACA); as amended by Division J of the “Consolidated Appropriations Act, 2008,” Public Law Nol. 110-161 (December 26, 2007) (regarding responsibilities of the Commission, and changing the Annual Report due date from June to December). The Commission’s full charter is available at www.uscc.gov. iii April 11, 2013 The Honorable Patrick J. Leahy President Pro Tempore of the Senate, Washington, D.C. 20510 The Honorable John A. Boehner Speaker of the House of Representatives, Washington, D.C. 20515 DEAR SENATOR LEAHY AND SPEAKER BOEHNER: We are pleased to notify you of the Commission’s April 4, 2013 public hearing on “China’s Maritime Disputes in the East and South China Seas.” The Floyd D. Spence National Defense Authorization Act (amended by Pub. L. No. 109-108, section 635(a)) provides the basis for this hearing. At the hearing, the Commissioners received testimony from the following witnesses: Rear Admiral Michael McDevitt (Ret.), Senior Fellow, Strategic Studies, CNA; Dr. Michael Swaine, Senior Associate, Asia Program, Carnegie Endowment for International Peace; Peter Dutton, Professor and Director, China Maritime Studies Institute, U.S. Naval War College; Dr. Jessica Chen Weiss, Assistant Professor, Department of Political Science, Yale University; Dr. Steven Lewis, Fellow and Professor, Baker Institute for Public Policy, Rice University; and Lloyd Thrall, Project Associate, RAND Corporation. This hearing explored the security, political, and economic drivers of China’s maritime disputes in the East and South China Seas. In addition, this hearing examined the implications of these disputes for the United States as well as prospects for resolution. We note that prepared statements for the hearing, the hearing transcript, and supporting documents submitted by the witnesses will soon be available on the Commission’s website at www.USCC.gov. Members and the staff of the Commission are available to provide more detailed briefings. We hope these materials will be helpful to the Congress as it continues its assessment of U.S.-China relations and their impact on U.S. security. The Commission will examine in greater depth these issues, and the other issues enumerated in its statutory mandate, in its 2013 Annual Report that will be submitted to Congress in November 2013. Should you have any questions regarding this hearing or any other issue related to China, please do not hesitate to have your staff contact our Congressional Liaison, Reed Eckhold, at (202) 624-1496 or via email at [email protected]. Sincerely yours, Hon. William A. Reinsch Hon. Dennis C. Shea Chairman Vice Chairman iv CONTENTS THURSDAY, APRIL 4, 2013 CHINA’S MARITIME DISPUTES IN THE EAST AND SOUTH CHINA SEAS Opening Statement of Commissioner Katherine C. Tobin (Hearing Co-Chair) .....................................................................................................................1 Prepared Statement .......................................................................................................................3 Panel I: China’s Strategic Thinking and Regional Security Panel I Introduction by Commissioner Peter Brookes (Hearing Co-Chair) .....................................................................................................................6 Statement of Rear Admiral Michael McDevitt (Ret.) Senior Fellow, Strategic Studies, CNA ........................................................................................7 Prepared Statement .....................................................................................................................10 Statement of Dr. Michael Swaine Senior Associate, Asia Program Carnegie Endowment for International Peace ............................................................................21 Prepared Statement .....................................................................................................................24 Panel I: Question and Answer........................................................................................................37 Panel II: Domestic Drivers, Policy, and Law Panel II Introduction by Commissioner Peter Brookes (Hearing Co-Chair) ...................................................................................................................61 Statement of Dr. Jessica Chen Weiss Assistant Professor of Political Science, Yale University ..........................................................62 Prepared Statement .....................................................................................................................64 Statement of Peter Dutton Professor and Director China Maritime Studies Institute, U.S. Naval War College. ......................................................74 Prepared Statement .....................................................................................................................77 Panel II: Question and Answer ......................................................................................................84 Panel III: Resources and Economic Drivers Panel III Introduction by Commissioner Peter Brookes v (Hearing Co-Chair) .................................................................................................................106 Statement of Dr. Steven Lewis Fellow and Professor Baker Institute for Public Policy, Rice University ...................................................................107 Prepared Statement ...................................................................................................................110 Statement of Lloyd Thrall Project Associate, RAND Corporation ....................................................................................125 Prepared Statement ...................................................................................................................128 Panel III: Question and Answer ..................................................................................................144 1 CHINA’S MARITIME DISPUTES IN THE EAST AND SOUTH CHINA SEAS THURSDAY, APRIL 4, 2013 U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION Washington, D.C. The Commission met in Room G-50 Dirksen Senate Office Building, Washington, D.C. at 9:00 a.m., Commissioner Katherine C. Tobin and Commissioner Peter Brookes (Hearing Co-Chairs), presiding. OPENING STATEMENT OF COMMISSIONER KATHERINE C. TOBIN HEARING CO-CHAIR HEARING CO-CHAIR TOBIN: Good morning, fellow Commissioners, those of you in the audience today, and those who are watching online. Welcome to the third hearing of the United States -China Commission's 2013 Annual Report cycle. Today's hearing will cover China's maritime disputes in the East and South China Seas. We'll examine the security, political, legal, and economic drivers of these disputes in our three panels today. Though China's approach es to the East China Sea and South China Sea differ, we consider them both today to better understand the overall challenge China faces in its maritime periphery. This is not a new security issue, nor is it the first time the Commission has focused its attention closely on the China seas. For those of you interested, I suggest that you look at the Commission's 2012 Report, which you will find on our Web site. There's a Section on the East China Sea and, further on, in chapter three, a thorough analysis of disputes in the South China Sea. If you follow the news, you know that in 2013 we've seen continued and escalated action , so we seek again today to learn from experts. We'll be asking further questions of them. We'll begin by discussing the broad security situation on the high seas. As China's maritime forces have become more capable over the past decade, Beijing has become more confident in its ability to assert its claims in the disputed areas. We look forward to hearing our witnesses' testimony today o n China's security interests in the East and South China Seas and how other actors 2 throughout that region may shape Beijing's security calculus.
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