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China Abuses Legal Systems to Achieve Global Domination

International Desk

  31 Oct 2024, 17:32
Photo: Collected

China employs Lawfare (distorted use of legal systems) by manipulating existing laws and creating new regulations to advance the Chinese Communist Party’s global objectives. In September, a China Coast Guard vessel deliberately collided with a Philippine coast guard ship while a U.S.-based “60 Minutes” news team was onboard.

The CCP justifies such actions under China Coast Guard Order No. 3, a domestic law allowing the Coast Guard to detain foreign vessels and individuals for up to 60 days if they are suspected of illegally entering waters claimed by China. This tactic demonstrates China’s strategic use of legal frameworks to assert control and influence.

In the same month, the House Committee on Homeland Security and the Select Committee on the CCP raised concerns about espionage and demanded that Shanghai Zhenhua Heavy Industries Company Limited (ZPMC), a state-affiliated company supplying technology and equipment to U.S. ports, disclose its relationship with the CCP. However, ZPMC stated it needed approval from the CCP under Beijing’s Data Security Law to share such information and required the committees to sign a nondisclosure agreement. These events underscore the CCP’s use of lawfare as a strategic tool against the United States and other countries.

Lawfare-the strategic use of legal systems and international organizations to achieve political or military goals without force-is a significant tactic of the CCP. As part of its “three warfares” strategy (psychological, media, and legal warfare), China leverages international treaties and national laws to further its interests. This is apparent in Beijing’s territorial claims in the South China Sea, where legal frameworks justify expanding control over territory and resources. Lawfare enables the Chinese regime to suppress dissent, shape global norms, and pressure nations to adopt its “One China” policy. By exploiting legal mechanisms, the CCP advances its strategic objectives while maintaining an appearance of legitimacy under international law.

In the South China Sea, the Chinese Communist Party (CCP) strategically employs lawfare to assert its territorial claims through the “nine-dash line,” introduced in 1947. This line is based on vague historical rights that aim to legitimize Beijing’s control over almost the entire sea, including islands and manmade structures. By leveraging legal arguments and historical narratives, Beijing seeks to strengthen its claims. Despite widespread international criticism, China has militarized these islands, enhancing its defence capabilities and exerting dominance in the region. These assertions directly conflict with the Exclusive Economic Zones (EEZs) of neighbouring nations such as Japan, the Philippines, and Vietnam, creating significant geopolitical tensions and disputes over maritime sovereignty and resource rights. The CCP’s actions highlight the complexities and ongoing conflicts in the South China Sea.

The Chinese Communist Party (CCP) dismisses both the United Nations Convention on the Law of the Sea (UNCLOS) and the 2016 ruling by the Permanent Court of Arbitration, which nullified China’s claims in the South China Sea. This rejection is rooted in the CCP’s belief that its domestic laws take precedence over international law. The Supreme People’s Court of China has declared CCP jurisdiction over all areas within its “sovereign control,” aligning with the CCP’s “core interests.” These core interests encompass state sovereignty, national security, territorial integrity, national reunification, the political system established by the constitution, social stability, and the safeguarding of sustainable economic and social development. China’s maritime disputes in the East and South China Seas with nations like Japan and the Philippines involve critical aspects of “state sovereignty,” “national security,” and “territorial integrity.”

The CCP has engaged in legal manoeuvring by asserting that China should be recognized as an archipelago state, similar to the Philippines or Indonesia. This status would allow China to treat the waters between its islands as internal waters, thereby restricting foreign transit without permission. Typically, the U.N. grants archipelago status, as it has for 22 nations, but not China. Despite this, China’s claim is consistent with its internal laws, which state that foreign military operations within China’s EEZ violate Chinese law, while China maintains the right to conduct military operations within other states’ EEZs.

China’s lawfare strategy is prominently showcased in its approach to Taiwan. Through the “One China” policy, Beijing has systematically isolated Taiwan internationally, leveraging diplomatic and legal pressure to compel countries and international organizations to recognize Taiwan as part of China. This stance aligns with China’s core interests in national sovereignty, as articulated in its Anti-Secession Law and the “One China” principle. Beijing refuses to engage in normal relations with countries that violate its internal laws concerning Taiwan. By invoking the “One China” principle, China has successfully blocked Taiwan from joining entities like the U.N. and the World Health Organization, falsely claiming this policy reflects the “general consensus of the international community.”

Moreover, the CCP has deliberately distorted and misrepresented U.N. Resolution 2758, adopted in 1971. This resolution was solely meant to transfer Taiwan’s seat in the General Assembly and the Security Council to China, acknowledging it as the “only legitimate representative of China.” It did not address Taiwan’s status as an independent nation nor declare Taiwan as part of China. Nevertheless, the CCP has used this resolution to falsely claim that the U.N. recognizes Taiwan as part of China, despite the resolution’s silence on Taiwan’s sovereignty.

With the space race between China and the United States heating up, the CCP is striving to set legal guidelines for space exploration and resource extraction. The same strategy applies to deep-sea mining and ocean floor resource rights. The CCP aims to mould international laws to serve its interests. While Beijing professes support for a rules-based global order, it intends to ensure those rules are dictated by the CCP.

The United States and its allies must take decisive action to prevent Beijing from establishing a new world order that would place the CCP in control of earth’s resources, oceans, deep-sea territories, and even extend to space, including the moon and stars.
(Source: European Times)

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