Search

Begin New Search Political Geography China Journal China Brief Publishing Institution The Jamestown Foundation Publication Year within 3 Years Publication Year within 1 Year Publication Year within 5 Years

21. Chinese National Security Laws Hinder Foreign Companies’ Operations in China

Author:
Martin Purbrick
Publication Date:
10-2023
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
Investigations into alleged misconduct and criminality by companies are to be expected, and welcomed, in any country. However, the problems facing foreign companies in the People’s Republic of China (PRC) depart from normal legal checks and balances. The lack of separation between the judiciary and the state, and the uncertainty around China’s interpretation of the “rule of law,” is a risk factor for companies doing business there (See: China Brief, September 8). In addition, “state secrets” in the PRC are defined widely in relation to national interest. Consequently, a foreign company can inadvertently breach the law by obtaining and using commercial data. This week the US Department of Commerce’s Bureau of Industry and Security (BIS) announced updated export controls on advanced computing semiconductors, semiconductor manufacturing equipment, and supercomputing items to the PRC (BIS, October 17). Foreign companies doing business in the PRC are likely to face continued uncertainty as a consequence. The response from the PRC was swift, stating that the United States has constantly “overstretched the concept of national security” and resorted to “unilateral bullying” (China Daily, October 18), which suggests that there is a risk the PRC will take retaliatory measures against foreign companies. Western companies involved in the PRC have long understood that when investing in China they must lose a little bit of money in the short term to win a lot of money in the long term. Doing business in China has always been complex, but with the continued expansive approach to national security, it may now be increasingly untenable (See: China Brief, September 22). After three decades of huge investment in the PRC by international companies, there are growing concerns that the growing emphasis on national security is harming the confidence of overseas investors. As the European Union Chamber of Commerce in China reports, “the politicisation of business, and ambiguous laws and regulations…increases risk for companies operating in Chinas” (EU Chamber, September 20). In recent weeks, this ambiguity has been exacerbated by the growing number of “exit bans,” whereby PRC authorities forbid specific business executives at international companies, such as Kroll and Nomura, from leaving the country (Stratfor, September 29).
Topic:
National Security, Law, and Business
Political Geography:
China and Asia

22. Characterizing China’s Rule of Law

Author:
Ben Lowsen
Publication Date:
09-2023
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
Chinese President Xi Jinping is working in earnest to develop for China what his government calls “rule by law” (法治). It is sometimes translated into English as “rule of law,” though this is misleading, as Chinese law cannot restrict arbitrary exercise of power at the highest levels: the Party leads everything. As such, an awareness of the term’s precise meaning in the PRC’s legal-political context is crucial for understanding Xi’s intent. The Chinese president has stated that “the rule of law is an important component of the country’s core competitiveness” (People’s Daily, November 22, 2020). In light of this, the recently promulgated Foreign Relations Law (对外关系法), which emphasizes China’s competitiveness, provides an opportunity to interrogate Xi’s conception of the rule of law. [1] The Foreign Relations Law (henceforth, the Law) is timely. The head of the powerful Legislative Affairs Committee said in an interview that out of the PRC’s 297 national laws, 52 were dedicated to foreign relations and 150 more had provisions relating to foreign relations. [2] The Law is therefore an important addition, “consolidating and describing the major policies and principles of China’s foreign affairs,” in the words of current (and former) foreign minister Wang Yi. [3] Moreover, it comes at a moment in which China is at once increasingly emboldened on the international stage, and whose relations with many developed countries are increasingly fraught. Support from abroad could be helpful for China as it attempts to navigate out of a mismanaged end to the Covid-19 pandemic, but there is little to reassure foreign partners that their investments in the country will be protected by its laws.
Topic:
Foreign Policy, Governance, and Rule of Law
Political Geography:
China and Asia

23. The Chinese Debate on Economic Reform

Author:
Arran Hope
Publication Date:
09-2023
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
A steady drumbeat of ominous data and troubling commentary on the state of China’s economy has punctuated the summer months. Reports from the commentariat in the anglosphere have provided diagnostic analysis and detailed potential policy solutions that the Chinese government might pursue. However, China’s central decision makers in the Politburo or in the National Development and Reform Commission (NDRC), are more likely to take their cues from internal advisors and domestic experts within the PRC than from those outside. As such, one fruitful exercise is to take the temperature of voices within the system to determine the extent to which their perceptions align or diverge from those in the West, and to ascertain which views carry weight with the final arbiters of economic policy in Beijing. By doing so, analysts outside of China may better comprehend the future (mis)steps that China will take as it struggles to achieve its aim of “basically realizing socialist modernization.” In July, the Chinese government held several meetings and released documents pertaining the economy. On July 24 the Politburo met to discuss the economy as it usually does this time of year. But on the same day, a 17-point plan was issued by the NDRC, following on from a 31-point plan co-issued by the State Council and the Central Committee ten days prior. These send a clear message about the concern in government over China’s straitened circumstances. Indeed, just this week, the NDRC announced a new “private economy development bureau” to further support private industry (NDRC, September 4). The assessment of the situation is put bluntly in the Politburo readout: “the current economic system is facing new challenges… insufficient domestic demand, difficulties in some enterprise’s operations, multiple risks in key areas, and a complex and severe external environment.”
Topic:
Development, Economics, and Reform
Political Geography:
China and Asia

24. A Belt and Road to Nowhere? Italy on the Frontlines of Europe’s Changing Strategy Toward China

Author:
Andrew R. Novo
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
During her tenure as Prime Minister, Giorgia Meloni has been far more active on the international scene than most observers predicted. Within the first ten months of her tenure, she has traveled to capitals across Europe, Asia, and North Africa and has hosted numerous foreign leaders on official visits. In July, Meloni visited Washington, D.C. where she and President Biden affirmed their commitment to deepening collaboration across various areas of shared interests. Meloni’s foreign policy agenda has touched on a range of issues including, but not limited to, European security, migration, energy policy, and international trade. It is on this last issue that Italy’s decision-making might be most impactful. As the Meloni administration reassesses its economic partnerships around the world, Italy’s relations—and by extension the European Union’s (EU) overarching position—towards the People’s Republic of China (PRC) could witness lasting changes. At the heart of the new government’s economic policy lies its choice of whether to withdraw from China’s Belt and Road Initiative (BRI). Meloni—along with many members of her cabinet—have voiced skepticism towards the agreement. As such, everything is on the table in the run-up to the decision at the end of the year.
Topic:
Foreign Policy, Economics, Infrastructure, and Belt and Road Initiative (BRI)
Political Geography:
China, Europe, Asia, and Italy

25. The No Limits Partnership: PRC Weapons Support for Russia

Author:
Martin Purbrick
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
Amid the ongoing war in Ukraine, there is growing concern about the possible involvement of the People’s Republic of China (PRC) in supplying Russia with weapons, munitions, and various other technology that could have dual-use applications. Notably, no significant provision of large-scale military hardware from the PRC to Russia is evident, as such equipment would have been easily identified on the battlefield amongst the major equipment losses suffered by Russian forces. There are, however, consistent reports substantiating the claim that Chinese companies are providing military and dual-use equipment to Russia. In the PRC’s political system, this type of transaction would be difficult to conduct without the government’s tacit approval or—at the very least—the Chinese Communist Party (CCP) authorities turning a blind eye. In February 2022, following a meeting ahead of the opening ceremony of the Beijing Winter Olympic Games, Chinese leader Xi Jinping and Russian President Vladimir Putin discussed the dimensions of their two countries’ strategic partnership (Global Times, February 5, 2022). Xi and Putin reiterated that “friendship between the two states has no limits, there are no ‘forbidden’ areas of cooperation, [and the] strengthening of bilateral strategic cooperation is neither aimed against third countries nor affected by the changing international environment and circumstantial changes in third countries” (The Kremlin, February 4, 2022). The closing ceremony for the Beijing Winter Olympics was held on February 20. Four days later, Russia invaded Ukraine. Since then, there has been widespread speculation that the PRC leadership knew about the Russian invasion. Additionally, there have been heightened concerns regarding the extent of Chinese support for Russia since the start of the war in Ukraine. In July, the US Office of the Director of National Intelligence (ODNI) reported on the “Support Provided by the People’s Republic of China to Russia”, with indications of increased Russian reliance on the PRC (ODNI, July 2023). In 2022 total Russian imports from the PRC increased by 13 percent to $76 billion. In the same year, PRC chip exports to Russia increased by 19 percent. Many of these transactions were facilitated by shell companies in Hong Kong acting as agents of secondary sales from international suppliers via the PRC to Russia. The ODNI report stated that “the PRC is providing some dual-use technology that Moscow’s military uses to continue the war in Ukraine, despite an international cordon of sanctions and export controls. The customs records show PRC state-owned defense companies shipping navigation equipment, jamming technology, and fighter jet parts to sanctioned Russian government-owned defense companies” (ODNI, July 2023). French diplomats further corroborated this report, notifying the public of intelligence indicating that the PRC has been supplying Russia with dual-use technologies as well as non-lethal assistance equipment, such as helmets and body armor (SCMP, July 22). When asked if the PRC is assisting Russia’s war efforts in Ukraine, French presidential advisor Emmanuel Bonne responded by saying “there are indications that they are doing things we would prefer them not to do” (SCMP, July 22). The PRC government has emphatically denied allegations that it has provided any weapons or military assistance to Russia. Former PRC Foreign Minister Qin Gang was reported by his own ministry as saying that “China does not sell weapons to parties involved in the Ukraine crisis and prudently handles the export of dual-use items in accordance with laws and regulations. Normal exchanges and cooperation between Chinese and Russian enterprises should not be affected” (PRC Ministry of Foreign Affairs, May 10). The second part of Qin Gang’s statement is significant, as he clearly states that exchanges between Chinese and Russian enterprises—such as commercial ties—are not be impacted by the war in Ukraine. Upon closer examination, his comments appear to suggest that dual-use technologies and equipment could be subject to the PRC government turning a blind eye.
Topic:
Partnerships, Weapons, Drones, and Russia-Ukraine War
Political Geography:
Russia, China, and Asia

26. China’s Floods and Party Priorities

Author:
Arran Hope
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
Typhoon Doksuri (杜苏芮) crashed onto the Chinese mainland over Fujian Province on Friday, July 28. From there it pushed northward, where a constellation of meteorological factors led it to slow down over North China, where it unleashed huge volumes of rain over the Beijing-Tianjin-Hebei region. Over 1600 weather stations in Hebei Province, which surrounds Beijing, recorded rainfall in excess of 250 mm across a 72 hour period, with one station in Xingtai City recording a maximum of over 1003 mm. Beijing saw the highest rainfall since its meteorological records began in 1860 (Xinhua, August 9). The storm was the proximate cause for severe flooding. Already by Tuesday, August 1, state media was reporting that 20 people had been killed in the floods, and 127,000 had already been evacuated from the capital (Global Times, August 1). However, the full-scale of the human impact is unlikely to be clarified by the government any time soon: much information about the floods has already been censored or deleted from China’s internet, and official statistics, when they have been released, are almost certainly underplaying the costs. [1] Perhaps most unhelpfully, the website for China’s Ministry of Water Resources, has been inaccessible all week (水利部, Ministry of Water Resources). Nevertheless, drawing on the information that has been forthcoming from China’s central and regional governments, as well as firsthand accounts posting on Chinese social media and Twitter (X), we can make a preliminary assessment of the potential political and economic consequences of this event.
Topic:
Natural Disasters, Crisis Management, and Flood
Political Geography:
China and Asia

27. The Demise of Diplomatic Ambiguity: Parsing South Korea’s Estrangement From China

Author:
Matthew Fulco
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
In July, the US Ohio-class ballistic-missile submarine (SSBN) visited South Korea for the first time since 1981. Not one, but two of the 560-foot-long warships—which carried a payload of 24 long-range Trident ballistic missiles—surfaced in South Korean waters (Korea JoongAn Daily, July 24, 2023). From Washington and Seoul’s perspective, the SSBN deployment was a pointed reminder to the mercurial North Korean regime to exercise restraint, but the symbolism of the SSBN visit was not lost on China—Pyongyang’s closest ally. For all its military modernization efforts, Beijing has no effective defense against the Ohio-class sub. That South Korea would support the deployment of the SSBNs to its territory illustrates both its concern about rising North Korean brinkmanship and newfound willingness to risk Beijing’s ire. Indeed, after three decades of stable ties anchored in economic interdependence, major changes are afoot in the South Korea-China relationship. Compared to Japan, which also counts China as its largest trading partner, South Korea has historically been less willing to stand its ground in the face of political pressure from Beijing. On the one hand, Seoul and Beijing have no major territorial disputes, but more importantly, South Korea had previously calculated that its political deference—especially on China’s “core interests” like Taiwan—would encourage Beijing to support denuclearization of the Korean Peninsula, the Republic of Korea’s (ROK) top foreign policy objective. For many years, South Korea handled Beijing with kid gloves, irrespective of who was in the Blue House. While the left-leaning Democratic Party of Korea (DPK) is traditionally more China-friendly, it was the conservative President Park Geun-hye who attended China’s jingoistic September 2015 military parade. After a summit between Xi Jinping and Park, both leaders made a commitment to oppose any unilateral actions that could lead to tension on the Korean Peninsula. The following day, President Park joined Xi and Russian President Vladimir Putin in China’s military parade. South Korea was the only US ally to attend the event (The Korea Herald, September 3, 2015). Since then, however, the two countries have drifted apart. The catalyst for this change was Seoul’s decision to deploy the THAAD missile defense system in 2017, which China views as a security threat and South Korea deems essential for self-defense. China has repeatedly demanded that South Korea dismantle its THAAD system (Xinhua, September 21, 2017). When those demands failed to bear fruit, it resorted to sanctions against South Korea (The Korea Herald, March 8, 2017). Furthermore, both China’s imposition of a draconian national security law in Hong Kong and its mismanagement of the coronavirus pandemic have hurt its reputation in South Korea (The South China Morning Post, October 20, 2020). It is against this backdrop that the ROK’s anti-China sentiment has surged to an all-time high—a development that will inevitably spill over into Seoul’s foreign policy. According to a 2021 survey conducted by SisaIN, for the first time since the ROK and the PRC normalized relations in 1992, South Koreans view China even more negatively than they do Japan (SisaIN, November 29, 2021). China’s ruling Communist Party seems oblivious to the existential threat that South Korea feels in the face of surging missile tests by North Korea. The JoongAng Daily noted in June that it takes just two minutes for a North Korean missile to hit Seoul. According to the editorial, “South Korea is technically still at war with North Korea. The government and people must not forget that” (Yonhap News Agency, June 1, 2023). Concluding that political appeasement and economic engagement with China have failed to pay off, South Korea is taking two significant steps: strengthening its ties with its top security partner, the US, and mending fences with its former rival, Japan. The implications of Seoul’s estrangement from Beijing could have far-reaching implications for geopolitics in the broader Indo Pacific region.
Topic:
International Relations, Diplomacy, Economics, and Regional Security
Political Geography:
China, Asia, and South Korea

28. Water Warriors: How China’s River Chiefs Aim to Tackle Water Pollution

Author:
Genevieve Donnellon-May
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
In many ways, China’s history is one of water management. As Chinese historiographers often remark, the unique hydrological conditions within China led to the creation of three historical miracles: China, Chinese civilisation, and the Chinese people. In both ancient and modern times, Chinese rulers have acknowledged the importance of water for its role in maintaining social stability as well securing their legitimacy. Beijing’s leaders are acutely aware of the importance of water in maintaining social stability and ensuring the regime’s survival. The government has focused on engineering its way to water security, an approach traceable in part to Mao Zedong’s idea that man must conquer nature. This is reflected in the Chinese state’s construction of large-scale hydroengineering projects, encompassing numerous dams and inter-basin water-transfer projects. More recently, water governance was explicitly tied to Chinese President Xi Jinping’s “ecological civilization” (生态文明) concept (China Brief, June 23) and his published book titled “The In-depth Learning and Implementation of Xi Jinping’s Important Discourse on Water Governance” (People’s Daily, July 19). In May, China announced new plans to improve water quality. According to the “Guideline on Water Ecology and Environmental Protection in Major River Basins”, by 2025 China’s water governance aims to accomplish two main objectives: first, eliminate surface water below Grade V quality, and second, raise the proportion of “fairly good quality” surface water to 85 percent—an increase of 1.6 percentage points from 2020 (Ministry of Ecology and the Environment, May 5; State Council, May 5). China has a six-tier water quality system, with water below Grade V classified as the worst quality. At Grade III or above, surface water is considered to be of “fairly good quality”. As a core convention of the central government, guidelines on the water management of major river basins are typically issued once every five years. In contrast to older guidelines, the most recent guidelines explicitly specificizes the improvement of surface water quality as an obligatory target and includes projected targets for the conservation of water resources and ecosystems. By 2025, for instance, China has set ambitious plans to recover waters levels in 53 dried-up water bodies and restore native fish species to a stable population in 107 major water bodies. China also aims to create an additional 213 square kilometers of wetlands by 2025.
Topic:
Water, Governance, Pollution, and Rivers
Political Geography:
China and Asia

29. The PRC Eyes Vietnam: Chinese Assessments of Vietnam’s Hedging Strategy

Author:
Nathan Waechter
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
In July, the Barbie movie––an ostensibly apolitical and innocuous film––­­was banned by the Vietnamese Department of Cinema over real-world tensions between Vietnam and China. According to the state film council, the new Barbie movie was barred from the Vietnamese market over its inclusion of a map purportedly showing China’s preferred territorial “Nine-Dash” line in the South China Sea (Vietnam News, July 7). As the head of the national film evaluation council stated, “Vietnam’s stance has been clear. It does not accept movies that are ambiguous in matters related to territorial sovereignty” (Vietnam News, July 7). The Chinese Foreign Ministry spokesperson Mao Ning responded to the incident by asserting that “China’s territorial sovereignty and maritime rights and interests are solidly grounded in history and law” (Global Times, July 7). Accusing the Vietnamese government of overstating the issue, the Chinese state media outlet Global Times urged all “relevant parties to control domestic hype and nationalist sentiment” (Global Times, July 7). Viewed within a broader context, the Barbie movie incident is only the most recent expression of the historical baggage between Vietnam and China. Many PRC military officials and academics largely perceive Southeast Asia as China’s proverbial “backyard” that should rightfully remain in its sphere of influence. Within Southeast Asia, Vietnam occupies an important position directly on China’s periphery. Publicly, China considers Vietnam’s governing regime to be close “comrades and brothers” (Ministry of Foreign Affairs, March 28). However, Vietnam has a long, acrimonious history with China. Vietnam has been invaded by China numerous times and subjugated to Chinese rule and the exaction of tribute for thousands of years. The “Vietnam Military Museum in Hanoi … lists 13 “Vietnamese Resistance Wars Against Invaders,” with the majority fought against the Chinese. To some extent, Vietnam has also benefited from its contact with China. The Chinese written script, ideas of ethics and governance, and even chopsticks were absorbed from China. [1] During America’s war in Vietnam, China provided Vietnam with vast amounts of material support. From 1965-1969, a total of 320,000 Chinese troops covertly served in North Vietnam. [2] Despite this, China invaded Vietnam in 1979 in a war that the PRC refers to as the “Self-defensive counterattack against Vietnam” (对越自卫还击保卫边疆作战) (Baidu Encyclopedia). In more recent years, Vietnam and China have clashed rhetorically over islands in the South China Sea and had a tense standoff over a Chinese oil exploration rig in Vietnamese-claimed waters in 2014 (CSIS, December 23, 2014). With its historical domination by China and its position as a small, weak, and still developing country, Vietnam has pursued a strategy of hedging. Research by Thi Bich Tran and Yoichiro Sato, Le Hong Hiep, and Tuan Uy Tran provide robust definitions of Vietnam’s hedging strategy from Vietnamese and Western perspectives (Contemporary Southeast Asia, December 2013; Asian Politics and Policy, January 2018; Naval Post-Graduate School Monterey, March 1, 2018). However, it is important to understand how China views Vietnam’s strategy as well. Further analysis is needed to examine primary Chinese sources and understand Chinese elite perceptions, their conclusions, and what “countermeasures” they believe China should take against Vietnam’s approach. On balance, while Chinese security analysts have a clear understanding of Vietnam’s hedging strategy, they exhibit a modern version of historical Chinese paternalism towards Vietnam. Many contemporary Chinese analysts believe that Vietnam, as a developing country, will inevitably fall into China’s sphere of influence as it remains dependent on Chinese economic ties for growth. While Vietnam does benefit from its economic relations with China, however, the Chinese analyses fail to fully recognize Hanoi’s fundamental apprehensions and insecurity caused by the historical enmity between the two countries, as well as China’s modern-day rise and its aggressive actions in the South China Sea. To a certain degree, China is guilty of exhibiting a degree of the same imperial hubris towards Vietnam as it has often accused the US of in the latter’s relations with other countries. While PRC strategists appear to have concluded that time is on their side, Beijing’s paternalistic complex may ultimately handicap China’s ability to pull Vietnam closer into its orbit.
Topic:
Foreign Policy, Bilateral Relations, Hedging, and Regional Politics
Political Geography:
China, Asia, and Vietnam

30. Illegal Fishing in Southeast Asia: Scope, Dimensions, Impacts, and Multilateral Response

Author:
Peter Chalk
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
Illegal, unreported, and unregulated fishing (IUUF) has surfaced as an increasingly salient offshore threat in Southeast Asia that is leading to huge losses in government revenue, adversely impacting food security, contributing to widespread environmental damage, destabilizing inter-state relations, and spurring other transnational crimes. It is an enduring challenge that affects much of the region, though it finds particular expression in the South China Sea (SCS), the Gulf of Thailand, and the territorial waters of the Indonesian archipelago. This article will analyze the scope and dimensions of IUUF in Southeast Asia, assessing its primary drivers, levels of activity, and principal impacts. It will also give an overview of the operations of the People’s Republic of China (PRC)’s distant water fishing (DWF), which several international bodies have decried as not only the single most egregious violator of sovereign fishing rights and laws in the region, but also as a de facto deniable militia that Beijing is using to enforce its self-defined territorial rights in the SCS. Finally, it will look at the “Quad” as a potential multilateral forum for addressing illegal trawling in the wider Indo-Pacific region.
Topic:
Crime, Territorial Disputes, Fishing, and Regional Politics
Political Geography:
China and Southeast Asia