Here are a few instances where China has been accused of leveraging lawfare:

South China Sea Dispute: China has used its legal interpretation of maritime law to assert sovereignty over vast portions of the South China Sea. In 2016, the Permanent Court of Arbitration in The Hague ruled in favor of the Philippines, invalidating China’s claims. However, China rejected the ruling and continued to fortify its positions in the disputed territories.

Intellectual Property Litigation: Chinese companies have been involved in numerous intellectual property disputes globally. In some cases, China has been accused of supporting or encouraging these companies to file lawsuits as a strategic move to gain access to foreign technologies or to create obstacles for foreign competitors.

Legal Actions against Dissidents: China has been known to target dissidents or activists living abroad through legal means. For example, Chinese authorities have used extradition requests, Interpol notices, and red notices to pressure foreign governments to detain and extradite individuals critical of the Chinese government.

Influence over International Organizations: China has been accused of using its economic and political clout to influence international organizations such as the United Nations and its specialized agencies. By leveraging its influence, China seeks to shape global norms, regulations, and policies that align with its interests and suppress criticism of its actions.

Foreign Investment and Commercial Contracts: China has been accused of using its economic leverage to dictate terms in foreign investment and commercial contracts. Critics argue that China’s state-owned enterprises and government-linked companies often engage in unfair trade practices, including forced technology transfer, intellectual property theft, and non-compliance with international business standards.

Belt and Road Initiative (BRI): China’s BRI has faced allegations of debt-trap diplomacy, wherein recipient countries become financially dependent on China and subsequently vulnerable to its influence. Some argue that China uses contractual obligations and legal mechanisms to secure its economic and strategic interests, sometimes at the expense of the sovereignty and long-term stability of partner countries.

Examples of Intellectual Property Litigations

Huawei vs. Samsung: In 2016, Huawei, a Chinese telecommunications company, filed lawsuits against Samsung, a South Korean multinational conglomerate, in multiple countries. Huawei alleged that Samsung infringed on its patents related to wireless communication, user interface, and software. The litigation resulted in cross-licensing agreements between the two companies.

Qualcomm vs. Meizu: Qualcomm, a global semiconductor and telecommunications equipment company, filed patent infringement lawsuits against Meizu, a Chinese smartphone manufacturer, in 2016. Qualcomm accused Meizu of using its patents without a license. The dispute was resolved in 2017 when Meizu agreed to pay licensing fees to Qualcomm.

Ericsson vs. Xiaomi: In 2014, Ericsson, a Swedish multinational networking and telecommunications company, filed a lawsuit against Xiaomi, a Chinese smartphone manufacturer. Ericsson claimed that Xiaomi violated its patents related to wireless communication technology. The companies eventually reached a settlement in 2016, which involved Xiaomi obtaining licenses for Ericsson’s standard-essential patents.

Dolby Laboratories vs. Chinese Manufacturers: Dolby Laboratories, an American audio technology company, has been involved in multiple intellectual property litigations with Chinese manufacturers. Dolby filed lawsuits against companies such as Oppo, Vivo, and OnePlus, accusing them of using its audio compression technologies without proper licensing. Several settlements have been reached between Dolby and the Chinese manufacturers.

Apple vs. Proview: In 2012, Apple was engaged in a trademark dispute with Proview, a Chinese technology company. Proview claimed that it owned the trademark for the term “iPad” in China and demanded compensation from Apple for trademark infringement. The case went through several court battles, and Apple eventually settled the dispute by paying Proview $60 million to acquire the iPad trademark rights in China.

Examples of Influencing International Organisations

United Nations Human Rights Council (UNHRC): China has been criticized for its efforts to influence the UNHRC. It has been accused of pressuring member states to refrain from criticizing its human rights record, particularly regarding issues such as Tibet, Xinjiang, and Hong Kong. China has also been known to support and promote resolutions that are favorable to its positions while attempting to suppress discussions on sensitive topics.

World Health Organization (WHO): China’s influence over the WHO has faced scrutiny, particularly in relation to the COVID-19 pandemic. There have been concerns about China’s transparency and its initial handling of the outbreak. China has been accused of exerting pressure to shape the WHO’s response and downplay the severity of the situation. These allegations have raised questions about the impartiality and independence of the organization.

International Telecommunication Union (ITU): China has been active within the ITU, a specialized agency of the United Nations responsible for information and communication technologies. It has sought to shape international telecommunications standards and policies in ways that align with its own technological interests. China has pushed for its own technology companies, such as Huawei, to be included in global telecommunications networks, despite concerns about security risks.

United Nations Economic and Social Council (ECOSOC): China has sought to increase its influence within ECOSOC, which focuses on economic and social issues. China has been known to promote its own development models and advocate for policies that advance its economic interests. It has also been accused of using its financial resources to gain influence and support from other member states.

International organizations related to trade and finance: China’s influence can be observed in various international organizations related to trade and finance, including the World Trade Organization (WTO) and the International Monetary Fund (IMF). China has sought to shape trade rules, promote its own economic initiatives like the Belt and Road Initiative, and increase its voting power and decision-making influence within these organizations.

Classic Hambantota Port Debt Trap

One example often cited as a potential instance of a BRI debt trap is the case of the Hambantota Port in Sri Lanka. In 2017, Sri Lanka handed over control of the strategically located port to China Merchants Port Holdings, a state-owned enterprise, under a 99-year lease agreement. This transfer of control came as a result of Sri Lanka’s inability to repay the loans it had obtained from China to finance the construction of the port.

Critics argue that the terms of the initial loan and subsequent negotiations heavily favored China and placed Sri Lanka in a precarious debt situation. Here are some key aspects of the Hambantota Port agreement:

High Debt Burden: Sri Lanka had borrowed approximately $1.3 billion from China to build the port. The high-interest rates and short repayment periods associated with the loan made it challenging for Sri Lanka to meet its financial obligations.

Debt Restructuring: When Sri Lanka struggled to repay the loan, it entered into negotiations with China to restructure the debt. Ultimately, the agreement resulted in China gaining control of the port through a 99-year lease. This move was seen by critics as a means for China to secure a strategic foothold in the Indian Ocean region.

Strategic Concerns: The Hambantota Port is strategically located near major shipping routes and holds potential military significance. Concerns have been raised that China’s control over the port could have implications for regional security dynamics, granting China greater influence and potentially challenging the interests of other countries.

While the Hambantota Port case is often cited as an example of a potential BRI debt trap, it’s important to note that debt traps are not universal outcomes of BRI projects. Many BRI initiatives have been implemented successfully, contributing to infrastructure development and economic growth in participating countries. However, the Hambantota Port case has raised concerns about the potential risks associated with the financial arrangements and debt burdens in certain BRI projects.

======================

China’s Strategic ‘Lawfare’ Against Bhutan and Arunachal

On 13 January 2023, the Chinese and Bhutanese delegations met for the 11th Expert Group Meeting on the China-Bhutan Boundary Issues. Here, the two sides signed a Memorandum of Understanding (MoU) on ‘Accelerating the Three-Step Roadmap for China-Bhutan Border Negotiations’.

Bhutanese Prime Minister Lotay Tshering told Belgian newspaper La Libre Belgique that China is a party to the Doklam tri-junction border dispute. In the interview, Tshering also brushed aside all concerns about Beijing constructing villages inside Bhutanese territory – worrying many in India. Tshering said that Thimphu would be ready to settle its territorial dispute with Beijing after a few meetings.

But even if Beijing and Thimphu can settle their dispute over non-Doklam areas, China isn’t planning to stop claiming the Doklam tri-junction area.

Beijing’s latest lawfare move aims to rename 11 locations in Arunachal Pradesh – approved by the State Council and likely based on recommendations by the Chinese Academy of Social Sciences. The Chinese names assigned to the 11 locations in Arunachal Pradesh are mostly direct transliterations from Tibetan and not new ones. China considers the 11 places in Arunachal Pradesh to be a part of southern Tibet, which it calls Zangnan.

“Zangnan is part of China’s territory. In accordance with relevant stipulations of the administration of geographical names of the State Council, competent authorities of the Chinese government have standardised the names of some parts of Zangnan. This is within China’s sovereign rights,” said Mao Ning, Chinese foreign ministry spokesperson.

The post China’s Lawfare Strategy appeared first on IMR.

China has been pursuing a strategy to acquire influence in small island nations in the Indian Ocean Region (IOR), particularly through its Belt and Road Initiative (BRI). The BRI is a massive infrastructure development project that aims to connect Asia, Europe, and Africa through a network of roads, railways, ports, and other infrastructure projects.

In the IOR, China has been investing in infrastructure projects, such as building ports and airports, in small island nations like Sri Lanka, the Maldives, and Pakistan. These investments have been met with both praise and criticism, with some seeing them as a way to boost economic development and connectivity, while others see them as a way for China to gain strategic footholds in the region and exert greater influence.

Critics have also raised concerns about the sustainability and feasibility of these projects, as well as the potential for debt-trap diplomacy. Additionally, there are concerns that these projects may not serve the best interests of the host countries and could lead to increased dependence on China.

China has also been increasing its presence in the IOR through its naval and coast guard vessels, which have been patrolling the waters and protecting its shipping lanes. This has raised concerns among other countries in the region and around the world, as it may be perceived as a way for China to assert its military and economic power in the region.

Influence in Sri Lanka

China has been increasing its influence in Sri Lanka through a variety of means. One key way has been through infrastructure development projects, particularly those associated with the Belt and Road Initiative (BRI). These projects include the construction of ports, airports, and highways, and are aimed at boosting economic development and connectivity in Sri Lanka.

One of the most notable infrastructure projects in Sri Lanka is the development of the port of Hambantota, which China has invested in and now operates. This has been met with criticism from some, as the port has been seen as a debt trap for Sri Lanka, and has raised concerns about China’s increasing control over strategically important infrastructure in the country.

China has also been investing in other infrastructure projects in Sri Lanka such as the Colombo International Financial City, and the Mattala Rajapaksa International Airport.

Another way China has been increasing its influence in Sri Lanka is through trade and investment. China is one of Sri Lanka’s top trading partners and investors, which has helped to boost the small island nation’s economy.

China has also been increasing its presence in Sri Lanka through its military and coast guard vessels, which have been patrolling the waters around the island nation and protecting its shipping lanes. This has raised concerns among other countries in the region and around the world, as it may be perceived as a way for China to assert its military and economic power in the region.

China’s Debt Trap

There are concerns that China has trapped Sri Lanka in a debt trap through infrastructure development projects, and that this may give China strategic advantages in the IOR, which could threaten India’s security. The Sri Lankan government, however, denies these claims and China has denied the use of debt-trap diplomacy.

One example is the development of the port of Hambantota. In 2010, Sri Lanka agreed to a deal with China to develop the port, which included a loan from China for $361 million. However, the port failed to generate enough revenue to cover the loan payments and Sri Lanka was unable to repay the debt. In 2017, as a result, Sri Lanka was forced to lease the port to China for 99 years to repay the debt.

This has raised concerns that the port, which is located close to India’s southern coast, could be used for military purposes by China, giving it a strategic advantage in the IOR and potentially threatening India’s security.

Another example is the Colombo International Financial City and the Mattala Rajapaksa International Airport, which were built with Chinese loans but have also failed to generate enough revenue to repay the debt.

Critics argue that this is a pattern of “debt-trap diplomacy” by China, in which it provides loans for infrastructure projects to developing countries, and then, when those countries are unable to repay the debt, uses that as leverage to gain control over strategically important assets.

It is worth noting that Sri Lanka has denied that this is the case and that it has not fallen into a debt trap. Furthermore, China has denied using debt-trap diplomacy, stating that the projects were agreed upon mutually and that the loans were offered on commercial terms.

India’s concerns over Chinese influence

India has expressed concerns over China’s increasing influence in Sri Lanka, particularly in the areas of infrastructure development and military presence.

One of the main concerns is the Hambantota port, which India sees as a potential military threat as it is located close to India’s southern coast. India fears that China may use the port for military purposes.

India has also been concerned about the Colombo International Financial City and the Mattala Rajapaksa International Airport, as it sees these projects as a way for China to gain greater economic and strategic control over Sri Lanka.

India is also worried about China’s growing military presence in Sri Lanka, as Chinese naval and coast guard vessels have been increasingly patrolling the waters around the island nation. This has raised concerns that China may be seeking to assert its military and economic power in the region.

India has responded to Chinese influence in Sri Lanka by increasing its own engagement with the island nation, through economic and development assistance, and by strengthening its own military presence in the IOR.

Chinese submarine visits to Sri Lanka

India has expressed concerns over the increasing frequency of Chinese submarine visits to Sri Lanka. These visits, which have occurred several times in recent years, are seen as a potential threat to India’s security and strategic interests in the IOR.

One concern is that these submarine visits could give China a military advantage in the region, as submarines are equipped with advanced stealth technology and can be used for a variety of purposes, including reconnaissance, intelligence gathering, and power projection.

Another concern is that these visits could be part of a larger strategy by China to establish a foothold in the IOR.

India has also raised concerns about the potential for these submarine visits to be used for espionage or sabotage, as submarines are able to operate covertly and can access sensitive areas undetected.

In response to these concerns, India has also been building stronger ties with other countries in the region, such as the United States, Japan, and Australia, to counterbalance China’s growing influence.

Chinese spy ship visit to Sri Lanka

India has expressed concerns over Chinese spy ship visits to Sri Lanka, as these ships are equipped with advanced surveillance technology and can be used for intelligence gathering and monitoring activities in the IOR.

India is worried that these visits could be used to gather intelligence on India’s naval movements and military capabilities, as well as on its economic and political activities in the region. The Indian government is also concerned that these visits could be used to interfere with its trade and energy security in the region.

India is also worried about the potential for these spy ships to support the Chinese naval presence in the Indian Ocean, which could be used to assert China’s military and strategic interests in the region.

Chinese military aid to Sri Lanka

China has provided military aid to Sri Lanka in the form of equipment, training, and technical assistance. This aid has been provided to help Sri Lanka improve its defense capabilities and maintain internal security.

China has provided a range of military equipment to Sri Lanka, such as artillery, small arms, and naval vessels. It has also provided training and technical assistance to Sri Lankan military personnel in areas such as counter-terrorism, peacekeeping, and maritime security.

China’s military aid to Sri Lanka has been met with both praise and criticism. Some have welcomed it as a way to help Sri Lanka improve its defence capabilities and maintain internal security, while others have criticized it as a way for China to gain strategic footholds in the region and exert greater influence.

Critics have also raised concerns about the sustainability and feasibility of this aid, as well as the potential for it to be used to support human rights abuses by Sri Lankan government.

Indian military aid to Sri Lanka

India has provided military aid to Sri Lanka in the form of equipment, training, and technical assistance, which has been motivated by its desire to promote stability in the region and to counterbalance the influence of other countries. The aid has been met with mixed reactions, with some seeing it as a way to help Sri Lanka improve its defence capabilities and maintain internal security, while others view it as a way for India to exert greater influence in the region.

India has provided a range of military equipment to Sri Lanka, such as artillery, small arms, and naval vessels. It has also provided training and technical assistance to Sri Lankan military personnel in areas such as counter-terrorism, peacekeeping, and maritime security. Some of the prominent items of military aid have been:

Small arms and ammunition. India has provided small arms such as rifles and pistols, as well as ammunition to Sri Lanka to help improve its defense capabilities.

Artillery. India has provided artillery equipment, such as howitzers and mortars, to Sri Lanka to help improve its artillery capabilities.

Naval vessels. India has provided naval vessels, such as patrol boats and fast attack craft, to Sri Lanka to help improve its maritime security capabilities.

Radars and surveillance equipment. India has provided radars and other surveillance equipment to Sri Lanka to help improve its coastal and maritime surveillance capabilities.

Training and technical assistance. India has provided training and technical assistance to Sri Lankan military personnel in areas such as counter-terrorism, peacekeeping, and maritime security.

India has also been concerned about the potential for terrorism and extremism in Sri Lanka, and has provided aid to help Sri Lanka combat these threats.

The post Sri Lanka in China’s Trap appeared first on IMR.

India has come out with a notice to airmen (NOTAM), announcing that it would be needing 5,400 km of the air space starting from APJ Abdul Kalam Island off the coast of Odisha in a southerly direction over the Bay of Bengal. The 5,400-km-specific NOTAM indicates that an ‘Agni-V’ series missile could be test-fired, a source who tracks missiles said. But nothing could be speculated on the nature of the missile, he added.

 ‘Yuan Wang 5’ is a missile-tracking ship and it is in the international waters. Last month, another vessel ‘Yuan Wang 6’ had entered the Indian Ocean, coinciding with a planned Indian missile launch which was then deferred.

In August, ‘Yuan Wang 5’ was slated to visit Sri Lanka’s Hambantota port. When India protested with the neighbouring country, Colombo deferred the visit of the Chinese vessel.

Built at Jiangnan shipyard in China, ‘Yuan Wang 5’ entered service in 2007. Termed as a “research vessel” by the Chinese, it is a spy ship equipped with a tracking technology on board for transoceanic aerospace observation. It has an effective range of almost 700 to 750 km radius, which means that the vessel can spy on the India’s planned missile test.

A US Department of Defence report titled “Military and Security Developments Involving the People’s Republic of China” released on November 30 describes how the Strategic Support Force (SSF) and the Space Systems Department (SSD) of China operate such assets.

“The SSF operates tracking, telemetry and command stations in several locations worldwide. The SFF and the SSD operates Yuan Wang space support ships that track satellite and intercontinental ballistic missile (ICBM) launches,” read the report.

The post Chinese missile-tracking spy ship ‘Yuan Wang 5’ set to re-enter Indian Ocean appeared first on IMR.

Maj Gen Deepak Mehta

A Chinese ship able to track ballistic missiles and satellites headed for Sri Lanka’s Hambantota port, in early August, raising security concerns in India. The move coincided with the Chinese build-up off Taiwan coast that started with US House Speaker Nancy Pelosi’s visit.

After first denying reports of its expected arrival at Hambantota port, Sri Lanka’s defence ministry confirmed, on 6 August, that Yuan Wang 5, which can track satellites and intercontinental ballistic missiles, would be docking at the port between 11 and 17 August.

Under pressure from the Indian government, the Sri Lankan government asked the Chinese government to defer the visit of its space-satellite tracker ship Yuan Wang 5 at Hambantota port “until further consultations” were made between the two governments. It was finally cleared to enter port on 12 August. It finally docked on 16 August and left on 22 August.

India has stood shoulder to shoulder with Sri Lanka to tide over the present economic crisis faced by the island nation and has given more than $3.5 billion in aid in terms of petrol, diesel, natural gas, foodstuffs, and medicine.

Yuan Wang 5 was also potentially violating innocent passage requirements in territorial seas as per UNCLOS. The vessel has a capability to snoop on a coastal state. By tracking Indian ballistic missile tests, China will be able to glean information on the performance of missiles and their exact range. The ship is controlled by the China National Space Administration but has very significant military applications.

The Sri Lankan government maintained that that they would allow the ship to dock since it was a non-nuclear platform but were aware of India’s concerns.

Hambabtota May Become Chinese Base

India remains suspicious of China’s growing influence in Sri Lanka, which owes large amounts of money to Beijing for infrastructure projects, including the $1.4-billion Hambantota Port. Sri Lanka defaulted on its $51 billion in foreign debts in April and has since opened bailout talks with the International Monetary Fund.

Sri Lanka gave a Chinese company a 99-year lease on the port, located along the main East-West international shipping lanes, in 2017 after being unable to keep up with debt repayments on the facility.

Sri Lanka formally handed over commercial activities in its main southern port to a Chinese company in 2017 on a 99-year lease after struggling to repay its debt. The port is near the main shipping route from Asia to Europe.

US and Indian officials have been concerned that the $1.5 billion port could become a Chinese military base.

In 2014, a Chinese submarine had docked at Hambantota Port, sparking security concerns for the Indian Navy. No such Chinese submarine visits to Lankan ports took place since.

About the Chinese Spy Ship

Yuan Wang 5 is the third generation tracking ship of the Yuan Wang series, and entered service in 2007. Built by Jiangnan Shipyard, Yuan Wang 5 has a displacement of 25,000 tonnes and can withstand wind scale up to 12. The Yuan Wang class is not a single class of identical design, but instead, a group of different designs grouped under the same series that share one name.

The ship with a crew of 400, was equipped with a large parabolic tracking antenna and various sensors.

Military Implications

The military and strategic implications of Chinese spy ship ‘Yuan Wang 5’ in the Indian Ocean Region are manifold and will have major consequences for the Indian security architecture. The ship has a distinct role in missile and satellite tracking.

The aerial reach of the ship is more than 750 km and that would indirectly mean that Kalpakkam, Koodankulam, and the atomic research centre within Indian borders can be snooped upon. The ship can track ports of Kerala, Tamil Nadu, and Andhra Pradesh. As many as six South Indian ports will be under China’s focus and the ship can gather information about vital installations along Southern India.

India’s concerns over Chinese influence in Sri Lanka.

Sri Lanka has welcomed Chinese investments. China is one of Sri Lanka’s biggest lenders and has also funded airports, roads and railways, unsettling India.

As Sri Lanka now battles its worst economic crisis in seven decades, India this year alone has provided it financial support.

The Indian Ocean Region has been an area of traditional influence for New Delhi and an area where New Delhi has legitimate strategic interests. The Chinese have been trying to make inroads from Myanmar to Eastern Africa.

Since it came to light that a Chinese military vessel, the Yuan Wang 5, was to call at Hambantota Port, India had been pressing its grave concern over this to Colombo. After a tense week of negotiations between the two South Asian neighbours, Sri Lanka told the Chinese that the visit of the ship “be deferred until further consultations are made on this matter”.

A Chinese vessel of its surveillance reach has never before sailed in the waters that Yuan Wang wishes to access. The Sri Lankan attempt to pass it off as a “research vessel” on an innocuous refuelling stop was either naive or disingenuous, but in either case, self-defeating.

This was the second time in 19 months that Colombo tried to make light of India’s security concerns on account of the Chinese presence in Sri Lanka. Last January, the Sri Lankan government awarded a renewable energy project on three islands close to the Tamil Nadu coastline, to a Chinese firm. It took much diplomatic energy on India’s part, and a commitment to develop the same project through a grant, to have that decision reversed.

Instability in any country in the region, whether that is Sri Lanka, Maldives, Nepal, Pakistan or Afghanistan, tends to impact India adversely and in unexpected ways. The Chinese ship apparently got its clearance from the foreign ministry on July 12. This was a time of political vacuum in Sri Lanka. It may have been an attempt at political sabotage.

The post India Concerned As Chinese Spy Ship Docks in Sri Lanka appeared first on IMR.

The Yuan Wang-class ship was expected to dock in Hambantota Port on 11 or 12 August 11. It tracks satellites and intercontinental ballistic missiles. The ship, which has a crew of 400, is equipped with a large parabolic tracking antenna and various sensors.

If deployed in parts of the Indian Ocean, the ship may be able to monitor India’s missile tests from Wheeler Island off the coast of Odisha.  By tracking Indian ballistic missile tests, China will be able to glean information on the performance of missiles and their exact range.

The Sri Lankan government has told NDTV that they will allow the ship to dock since it is a non-nuclear platform but are aware of India’s concerns. “China informed us that they are sending their ship for surveillance and navigation in the Indian Ocean,” said Sri Lanka’s Defence Ministry media spokesman Colonel Nalin Herath.

Indian government sources said they are monitoring the progress of the ship. India has made it clear it will closely monitor “any bearing on India’s security and economic interests and takes all necessary measures to safeguard them”.

The ship is controlled by the China National Space Administration but has very significant military applications.

India remains suspicious of China’s growing influence in Sri Lanka, which owes large amounts of money to Beijing for infrastructure projects, including the $1.4-billion Hambantota Port.

Sri Lanka gave a Chinese company a 99-year lease on the port, located along the main East-West international shipping lanes, in 2017 after being unable to keep up with debt repayments on the facility. Sri Lanka defaulted on its $51 billion in foreign debts in April and has since opened bailout talks with the International Monetary Fund.

In 2014, a Chinese submarine had docked at Hambantota Port, sparking security concerns for the Indian Navy. No such Chinese submarine visits to Lankan ports took place since.

The post India concerned as Chinese spy ship headed for Sri Lankan port appeared first on IMR.