China’s LEGAL WARFARE: Origin, Characteristics, Cases, and Its Implication to Security of Korea
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Purpose: The purpose of this article is to discuss characteristics of China’s legal warfare and its strategic impli-cations to ongoing regional disputes in Asia Pacific. The study aims to present the origin, major characteristics, cases of legal warfare by China. Additionally, the study will argue that China’s legal warfare will highly likely to be implemented in future politico-military conflicts at the Korean Peninsula, too. Method: This article presents the origin, major characteristics, cases of legal warfare of China, and its possible implications to the security of Korea. In order to proceed the study, various academic references are quoted in this article; including other journal articles, books, and governmental publications. Results: Based on the study, the following findings can be deduced. First, legal warfare of China is originated from the idea of unrestricted warfare in the late 1990s; as an asymmetrical approach to evade military superiority of the U.S and gain strategic initiative at politico-military conflicts in East Asia. Second, the originality of China’s legal warfare is that it uses legal systems as a political and diplomatic weapon: 1)to undermine adversary’s activi-ties; and 2)to justify its own measures at international disputes. Consequently, legal warfare by China can be conducted in both offensive and defensive manners. And third, China’s legal warfare is already applied in practice at a number of regional disputes; such as ongoing conflicts at the East China Sea, the South China Sea, and the Taiwan Strait. Conclusion: As strategic competition between the U.S. and China is getting fierce, geopolitical vulnerability of the Korean Peninsula can be heightened in the present and future. It will make legal warfare by China more sub-stantial challenge to the national security of Korea. Therefore, Korea needs to develop capabilities and systems to effectively deal with threats from China’s legal warfare.
Abstract
Purpose: The purpose of this article is to discuss characteristics of China’s legal warfare and its strategic impli-cations to ongoing regional disputes in Asia Pacific. The study aims to present the origin, major characteristics, cases of legal warfare by China. Additionally, the study will argue that China’s legal warfare will highly likely to be implemented in future politico-military conflicts at the Korean Peninsula, too. Method: This article presents the origin, major characteristics, cases of legal warfare of China, and its possible implications to the security of Korea. In order to proceed the study, various academic references are quoted in this article; including other journal articles, books, and governmental publications. Results: Based on the study, the following findings can be deduced. First, legal warfare of China is originated from the idea of unrestricted warfare in the late 1990s; as an asymmetrical approach to evade military superiority of the U.S and gain strategic initiative at politico-military conflicts in East Asia. Second, the originality of China’s legal warfare is that it uses legal systems as a political and diplomatic weapon: 1)to undermine adversary’s activi-ties; and 2)to justify its own measures at international disputes. Consequently, legal warfare by China can be conducted in both offensive and defensive manners. And third, China’s legal warfare is already applied in practice at a number of regional disputes; such as ongoing conflicts at the East China Sea, the South China Sea, and the Taiwan Strait. Conclusion: As strategic competition between the U.S. and China is getting fierce, geopolitical vulnerability of the Korean Peninsula can be heightened in the present and future. It will make legal warfare by China more sub-stantial challenge to the national security of Korea. Therefore, Korea needs to develop capabilities and systems to effectively deal with threats from China’s legal warfare.
참고문헌 (22)
- Shambaugh D, "China’s Military Views the World: Ambivalent Security", International Security, 24(3), pp.61~67 (2000)
- Porch D, "The Taiwan Strait Crisis of 1996: Strategic Implications for the United States Navy", Naval War College Review, 52(3), pp.20~21 (2000)
- Bunker RJ, "Unrestricted Warfare: Review Essay I", Small Wars & Insurgencies, 11(1), pp.115~118 (2000)
- Kania E, "The PLA’s Latest Strategic Thinking on the Three Warfares", China Brief, 16(13), pp.10~ (2016)
- Lee SK, "China’s ‘Three Warfares': Origins, Applications, and Organizations", Journal of Strategic Studies, 37(2), pp.202~ (2014)
- Cheng D, "Winning Without Fighting: Chinese Legal Warfare", Backgrounder, 2692, pp.2~ (2012)
- Patalano A, "Sea Power, Maritime Disputes, and the Evolving Security of the East and South China Seas", RUSI Journal, 158(6), pp.50~ (2013)
- Graham E, "Maritime Security and Threats to Energy Transportation in Southeast Asia", RUSI Journal, 160(2), pp.20~22 (2015)
- DeLisle J, "Troubled Waters: China’s Claims and the South China Sea", Orbis, 56(4), pp.613~620 (2012)
- Raine S, "Beijing’s South China Sea Debate", Survival, 53(5), pp.78~ (2011)
- Brands H, "Getting Serious about Strategy in the South China Sea", Naval War College Review, 71(1), pp.15~ (2018)
- Bailey KC, "Maintaining Taiwan’s Democracy", Comparative Strategy, 39(5), pp.227~ (2020)
- Kim SK, "Understanding Maritime Disputes in Northeast Asia: Issues and Nature", International Journal of Marine and Coastal Law, 23, pp.226~227 (2008)
- Shin Hyun-joo, "A Study on KOREA-CHINA Fishing Dispute and Marine SECURITY Strengthening Plan", International Journal of Military Affairs, 1(2), pp.8~14 (2016), J-INSTITUTE
- Noh Dong-young, "The KOREAN Question and the United Nations, International LAW", International Journal of Military Affairs, 3(1), pp.19~22 (2018), J-INSTITUTE
- Office of Director of National Intelligence, "Annual Threat Assessment of the US Intelligence Community", Office of Director of National Intelligence, ~ (2021)
- IISS, "Military Balance 2021" (2021), Routledge
- Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China 2011, "Office of the Secretary of Defense", Department of Defense, ~ (2011)
- Choong W, "The Ties that Divide: History, Honour and Territory in Sino-Japanese Relations" (2014), Routledge
- Over the Line: The Implications of China’s ADIZ Intrusions in Northeast Asia, "Trent M", Federation of American Scientists, ~ (2020)
- Taylor B, "Dangerous Decade: Taiwan's Security and Crisis Management" (2019), Routledge
- China's Use of Coercive Economic Measures, "Harrell P", Center for a New American Security, ~ (2018)