Thayer Consultancy Background Brief:

ABN # 65 648 097 123

Law on China Coast Guard
Threatens Peace in South China
Sea
Carlyle A. Thayer
February 9, 2021
We request your assessment of Law on the China Coast Guard of the People’s
Republic of China that is effective from today. Could you please respond to the
following questions:
Q1. The new Chinese Coast Guard Law explicitly allows its coast guard to fire on
foreign vessels. Why has China authorised such action?
ANSWER: Since 2003, when China revised its Political Work Guidelines of the People’s
Liberation Army, China has pursued its national interests by conducting “three
warfares” – public opinion warfare, psychological warfare and legal warfare. China’s
promulgation of the China Coast Guard Law of the People’s Republic of China is an
example or legal warfare, also known as lawfare in the West.
China continually promulgates domestic laws to enhance its claims to “indisputable
sovereignty” over the South China Sea. The timing of this law can be explained by the
rise in tensions in the South China Sea since 2019 and the confrontation with Vietnam
at Vanguard Bank and the confrontation with Malaysia at Luconia Shoals in 2020.
Q2. What are implications of this law, particularly with respect to the South China
Sea dispute and regional claimants?
ANSWER: The implications of China’s law on the Coast Guard are potentially quite
serious because it covers “waters under China’s jurisdiction.” China claims four shas
in the South China Sea – Pratas, Macclesfield bank, Paracels and Spratlys. China groups
these dispersed features by drawing straight baselines around them to form a unit.
This is illegal under international law. China claims all the waters inside the baselines
as internal waters. China also claims maritime zones on the seaward side from these
baselines.
In other words, China is claiming all the features (rocks and islands) in the South China
Sea presently occupied by Vietnam, the Philippines and Malaysia as well as waters that
fall inside Indonesia’s Exclusive Economic Zone. Chinese law now authorises the China
Coast Guard (CCG) to use force to expel “foreign” warships and to destroy structures
built by littoral states decades ago. The law also would authorise the CCG to prevent
repairs on existing structures or new structures from being built.
China is circumspect in not using its grey hulled People’s Liberation Army Navy
warships. China advances its maritime claims by using white hulled China Coast Guard
vessels, Maritime Militia trawlers and fishing boats. Over the years there have been a
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number of confrontations at sea. China is how providing legal cover for its Coast Guard
to use force and to destroy structures built by foreigners in waters that China claims
are under its jurisdiction.
Because China Coast Guard ships are larger and better armed, Beijing hopes to deter
maritime law enforcement vessels, from Indonesia, Philippines, Malaysia, and
Vietnam from confronting the CCG. China is also laying the legal basis to defend itself
if its ships use force.
Q3. Some scholars said this move is also a test for the Biden Administration. Do you
agree?
ANSWER: As President Biden made clear in his first address on foreign policy on 4th
February, “American leadership must meet this new moment of advancing
authoritarianism. Including the growing ambitions of China to rival the United
States… We’ll confront China’s economic abuses; counter its aggressive, coercive
action…” “But,” Biden added, “we are ready to work with Beijing when it’s in
America’s interest to do so.”
China’s adoption of the new law on the Coast Guard is just another example of
China’s “aggressive, coercive action.” At the moment, as far as Southeast Asia is
concerned, the Biden Administration is preoccupied with Chinese air provocations
directed at Taiwan and the military coup in Myanmar.
If China moves to implement its law on the Coast Guard by using force against the
Philippines, the Biden Administration will come to Manila’s assistance. Indonesia,
Malaysia and Vietnam now have the ball in their courts. They must decide how to
work with the Biden Administration if China uses force.
Q4. How do you see the reaction by regional countries and interested parties such as
the U.S?
ANSWER: The Philippines has given the strongest reaction to China’s law on the Coast
Guard. Immediately after the law was passed, the Philippines filed a diplomatic protest
calling the law “a verbal threat of war to any country that defies the law which, if
unchallenged, is submission to it.” The Foreign Secretary Teodoro Locsin said the
Philippines will consult with the United States and other countries.
The head of Indonesia’s Maritime Security Agency warned of a spill over into conflict
in the waters around Natuna Islands.
Japan expressed strong concern about China’s law in the 2 by 2 talks with the United
Kingdom.
Q5. China has been implementing its "lawfare" and coercive measures effectively to
expand its territories. Are there any options ASEAN countries could pursue to counter
this strategy better?
ANSWER: Each of the countries concerned – Indonesia, Malaysia, Philippines, Vietnam
– should lodge formal diplomatic protests with the Chinese Embassy in their
respective capitals rejecting the application of the Coast Guard law to their Exclusive
Economic Zones and territorial seas. These countries also should make clear that China
bears full responsibility for any threat or use of force against flag vessels of the four
ASEAN states and facilities erected on their occupied features.
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The four ASEAN states should caucus together to convince other ASEAN members to
put on record in their joint statements their strong concerns about unilateral actions
that threaten regional peace and security and their rejection of China’s unilateral
assertion of sovereignty, sovereign jurisdiction and sovereign rights over their features
and waters as illegal in international law.
Individual members should consult with other maritime powers – Japan, India,
Australia, United States – about coordinated diplomatic responses to China to deter
the China Coast Guard from using force and/or destroying structures on features
occupied by the littoral states. Each state should consider expanding cooperation
between their respective maritime law enforcement agencies.
If an incident occurs, the affected state should immediately launch an international
information campaign using video and other evidence to publicize Chinese actions.

Suggested citation: Carlyle A. Thayer, Thayer Consultancy Background Brief, “Law on

China Coast Guard Threatens Peace in South China Sea,” February 9, 2021. All
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Thayer Consultancy provides political analysis of current regional security issues and
other research support to selected clients. Thayer Consultancy was officially
registered as a small business in Australia in 2002.