West Coast Publishing Ocean 2014 affirmative page

China Advantage

China Conflict Coming

Status quo maritime anarchy emboldens China and ensures conflict

Jeff Smith, Director of South Asia Programs at American Foreign Policy Council, January 15, 2014, “Drawing a Red Line for China”, http://www.usnews.com/opinion/blogs/world-report/2014/01/15/us-must-draw-red-line-for-china-in-the-western-pacific, accessed 4/29/14

When the U.S. and other countries have faltered in the face of this policy, as was the case with the Philippines in the Scarborough Shoal, China has advanced its goals and established a new status quo. However, where the U.S. has held firm in its position and demonstrated resolve, Beijing has backed down. The same resolve must be committed to surveillance activities in China's EEZ. America's position on this issue is not only within the U.S. national interest, it is fully supported by domestic and international law. Were we to accept China's interpretation of UNCLOS, U.S. military vessels could be barred from operating in large swathes of the world's oceans, an outcome that is clearly unacceptable to Washington — and one that was never envisioned by the drafters of UNCLOS. The U.S. should do everything at its disposal to ensure future incidents do not escalate, but it must reaffirm that U.S. policy will not be subject to fear, intimidation, coercion or reckless behavior from Chinese naval forces. Furthermore, Washington must do a better job drawing clear red lines around unacceptable behavior in the maritime arena, and enforce those red lines when they are crossed. To that end, the U.S. should continue an active schedule of surveillance activities, patrolling and freedom of navigation operations. America carries a special burden on this issue. While Beijing views its neighbors as subservient regional powers subject to intimidation, the Chinese leadership acknowledges and respects American power, even as they increasingly resent it. As perhaps the only country capable of drawing and enforcing red lines with China, America's allies in the region are depending on the U.S. to be a firewall against Chinese aggression in the Western Pacific.

Managing Chinese oceanic presence key to peaceful rise

Michael J. Kelly, Professor of Law at Creighton, Fall 2012, “United States Ratification of the Law of the Sea Convention: Securing Our Navigational Future While Managing China’s Blue Water Ambitions,” CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW, VOL. 45, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2322042, accessed 4/24/14

There is much hand-wringing among great powers over the rise of China. Much of this worry concerns not so much arresting China’s rise, but rather managing it in a peaceful and beneficial way. But rising powers historically resist such foreign handling. After displacing Germany and Japan as the world’s second largest economy last year, a spot that alternated between both for decades, China is poised to claim the mantle of “great power.” With that title come natural ambitions. One of these, for China, is a dramatically increased oceanic presence.

Chinese Maritime assertiveness is escalating

Michael J. Kelly, Professor of Law at Creighton, Fall 2012, “United States Ratification of the Law of the Sea Convention: Securing Our Navigational Future While Managing China’s Blue Water Ambitions,” CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW, VOL. 45, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2322042, accessed 4/24/14

Three areas of renewed Chinese focus in this regard are assertions of sea claims in the East China Sea, much larger sea claims in the South China Sea, and meaningful participation in the Arctic Council now that significant polar ice melt has opened trans-Arctic sea lanes. To be sure, as the globe’s manufacturing hub, China’s vault into great power status rests on expansive foreign trade. This trade requires secure trade routes for large fleets of merchant vessels and, eventually, a deployable blue water navy (which they are quickly developing).But Chinese assertiveness of late has bordered on belligerency.

China Solvency

US ratification necessary to curtail Chinese maritime aggression

Isaak Hurst, Attorney with the International Maritime Group PLLC, November 2013, "The Law of the Sea and Its Effects On Offshore Mining," www.akbizmag.com/Alaska-Business-Monthly/November-2013/The-Law-of-the-Sea-and-Its-Effects-On-Offshore-Mining/, accessed 4/22/14

Second, there is no universally recognized legal regime governing the navigational rights of nations beyond the zones of their respective jurisdictions. This issue is of particular concern as China continues to exploit this international law loophole by engaging in naval operations and fishing expeditions in the territorial waters of other nations (Malaysia, Philippines, Taiwan, Brunei, and Vietnam). Under UNCLOS, such activities are explicitly prohibited. Indeed, to curtail China’s lackadaisical stance on maritime borders and resources of other countries, the United States needs to ratify this treaty.

Ratification key to counterbalance China

Michael J. Kelly, Professor of Law at Creighton, Fall 2012, “United States Ratification of the Law of the Sea Convention: Securing Our Navigational Future While Managing China’s Blue Water Ambitions,” CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW, VOL. 45, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2322042, accessed 4/24/14

History has shown that great powers operating within a multilateral legal framework agreement like UNCLOS or the World Trade Organization (WTO) balance one another to the benefit of all parties. By joining UNCLOS and operating within that system, the United States would be better able to more legitimately check China’s behavior. Doing so from the position of an outsider, even though the United States recognizes the key provisions of UNCLOS as binding custom, weakens Washington’s position. Moreover, the United States has little or no say in the dispute resolution mechanisms available to UNCLOS member states.

The US can’t force Chinese UNCLOS compliance without being a member

Michael J. Kelly, Professor of Law at Creighton, Fall 2012, “United States Ratification of the Law of the Sea Convention: Securing Our Navigational Future While Managing China’s Blue Water Ambitions,” CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW, VOL. 45, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2322042, accessed 4/24/14

All of the states in all of the above situations are parties to the Law of the Sea Convention except the United States.37 Even though Washington recognizes many of the UNCLOS provisions as binding custom, the United States is still the outsider. As such, it is difficult for the United States to force compliance with UCNLOS provisions and impossible to avail itself of dispute resolution features as a party—the threat of which could induce better Chinese cooperation, especially in the case of island claims.