Pacific Islands Forum – U.S. Engagement in the Micronesian and Pacific Islands

The United States Department of State has issued the following Fact Sheet regarding U.S. Engagement in the Pacific Islands, of date August 17, 2019:

The United States has long been committed to Pacific friends and neighbors in promoting a peaceful, free and open Indo-Pacific region. The United States is committed to the Pacific Islands’ future security and prosperity.

On the occasion of the 50th Pacific Islands Forum, the United States is increasing contributions to the partnerships with the Pacific Islands with a pledge of $36.5 million in new foreign assistance. This is in addition to the approximately $350 million annually that U.S. agencies invest in projects, assistance, and operations to build a more prosperous future for the people of the region. The United States partners with the Pacific Islands to tackle global and regional challenges, including promoting regional security and stability, advancing sustainable growth, addressing environmental challenges, responding to natural disasters, and strengthening our people-to-people ties.

Secretary of the Interior David Bernhardt’s leadership of an interagency U.S. delegation to the 31stPacific Islands Forum’s Forum Dialogue Partners meeting reflects the importance that the United States places on the Pacific Islands as a key part of the Indo-Pacific region.

Under the Trump Administration, the United States has increased engagement with Pacific Island nations to unprecedented levels, including Vice President Pence’s visit to Papua New Guinea for APEC last November and President Trump’s historic Oval Office meeting with the three Presidents of the Freely Associated States on May 21, 2019. In July, Secretary of Veterans Affairs Robert Wilkie attended the inauguration of Micronesian President Paneulo. Earlier this month, Secretary Pompeo became the first Secretary of State to ever visit the Marshall Islands and the Federated States of Micronesia. While in Micronesia, he announced that the United States intends to begin negotiations on amendments to certain provisions of the Compacts of Free Association.

Today, the U.S. Government announces that under the Indo-Pacific Strategy, the U.S. is committing $36.5 million in new U.S. assistance to the region. This reinforces the steadfast commitment to the region and the deepening collaboration with Pacific Island countries to strengthen their security and resilience, foster economic growth, and increase good governance. In addition, USAID will expand its staff presence in Fiji, Papua New Guinea, the Federated States of Micronesia, the Republic of the Marshall Islands, and Palau.

Enhancing Resilience to Environmental Challenges: The United States recognizes that addressing environmental degradation and climate change is a priority in the Pacific due to the threat posed by sea level rise and the region’s vulnerability to natural disasters. The Department of State will work with interagency partners to support resilience work with the Pacific Islands to improve drinking water quality and wastewater management, to support water and weather forecasting infrastructure, and improve early warning and disaster resilience capability.

Monitoring nuclear sites: The Department of Interior and Department of Energy will devote $1.7 million in new funds to monitor ground water near the Runit Dome nuclear containment facility. The program will be completed in conjunction with the Marshallese government and will include drilling new holes so representative water samples can be collected and analyzed.

Supporting Conservation of Coral Reefs: NOAA will expand coral reef conservation efforts within the region. Coral reefs provide robust protection to coastal communities and property and reduce flood risk through wave breaking and wave energy attenuation. NOAA will also expand the Coral Reef Watch program to additional Pacific Island countries; this program uses satellite data to predict coral bleaching.

Preparing for Extreme Weather: The United States supports disaster risk reduction programs aimed at saving lives and reducing the impact of disasters. The U.S. Geological Survey (USGS), USAID, and NOAA support early warning systems for earthquakes, tsunamis, tropical cyclones, and volcanos. USGS is working to install new equipment in Papua New Guinea to assist with volcano monitoring. NOAA has trained more than 200 weather forecasters and emergency managers from Pacific Island countries, including several graduates who have become Directors of National Meteorological Services in their home countries. NOAA will also increase efforts to train Pacific officials to locate earthquakes and assess potential for destructive tsunamis. NOAA will expand the distribution of emergency communication devices throughout the region, connecting islands where emergency communication is extremely limited or non-existent.

Responding to Disasters: The United States works to raise the capacity of Pacific Island communities, civil society, governments, and regional institutions to mitigate and prepare for natural disasters. USAID’s Office of Foreign Disaster Assistance, the Department of Defense, and the U.S. Coast Guard all engage in humanitarian assistance and disaster relief exercises with Pacific governments. When disaster strikes, the United States is ready to assist. In 2019, USAID provided $17 million in disaster assistance to Micronesia following Typhoon Wutip in March.

Building Resilient Infrastructure and Expanding Connectivity: The United States is committed to improve access to electricity and open, secure, and reliable internet access to help drive economic growth in the Pacific. Under the Indo-Pacific Strategy, The United States is following through on Vice President Pence’s commitment to electrify Papua New Guinea. The United States is working with donor partners Australia, Japan, and New Zealand to reach 70% electrification by 2030. In the Freely Associated States, the Department of the Interior has provided over $6.3 billion in assistance to capitalize trust funds, improve infrastructure at utilities and schools, and help deliver basic health and education services. Compact funding has supported many infrastructure projects including the ring road on Babeldaob, the main road on Weno Island, and new hospitals in Majuro, Kosrae, and Chuuk.

Enhancing Good Governance: The Pacific Islands and the United States share a strong commitment to democracy, rule of law, peaceful resolution of disputes, and transparency. The Pacific Islands Good Governance Initiative will promote sound, just, and responsive governance within the region to empower citizens, help combat corruption, and strengthen nations’ autonomy. The United States will contribute $3 million to boost citizen participation and promote transparency and accountability in elections and government.

Enhancing Maritime Security: Enhancing maritime security is critical to combating illegal, unreported, and unregulated fishing. During the last year, the U.S. Coast Guard increased its presence in Oceania, deploying major cutters to the region, conducting fisheries enforcement, and supporting Pacific Islands Forum Fisheries Agency operations. U.S. “shiprider” agreements allow local law enforcement officers to embark on U.S. Coast Guard (USCG) vessels, including to board and search vessels suspected of violating laws or regulations. The United States has 11 shiprider agreements, with the Cook Islands, the Federated States of Micronesia, Fiji, Kiribati, Nauru, Palau, the Marshall Islands, Samoa, Tonga, Tuvalu, and Vanuatu. In the past year, the Coast Guard exercised six of the 11 agreements, most recently with Fiji in Dec 2018. The Coast Guard intends to increase operations in Oceania to advance maritime safety and security through cooperation and combined operations.

Building Capacity to Combat Illegal Fishing: In April, the U.S. Coast Guard brought together officials from 10 Pacific Island countries with shiprider agreements for the first-ever U.S. and Pacific Islands Multilateral Fisheries Law Enforcement Symposium. Next, the Department of State and NOAA will host a regional workshop to expand Pacific prosecutors’ ability to enforce actions against illegal, unreported and unregulated (IUU) violators. NOAA also will expand fisheries law enforcement capacity building efforts for Pacific Island countries and increase technical assistance to the Pacific Islands Forum Fisheries Agency to help monitor and detect IUU fishing.

Enhancing Security Cooperation: Under the Indo-Pacific Strategy, the Department of Defense is increasing security assistance in the region with an additional $24.5 million in funding to enhance capabilities in the Freely Associated States to safeguard territorial waters, conduct maritime and border security operations, and counter drug trafficking and transnational organized crime, and support airport logistics.

Fostering People-to-People Ties

Preserving Pacific Cultural Heritage: U.S. support for the Historic Preservation Fund protects natural and cultural resources in the U.S. insular areas, and most recently provided $2.6 million in 2018. The Department of the Interior will host a conference and training in December for current and potential World Heritage sites.

Nurturing Future Young Pacific Leaders: This Department of State program gathers emerging leaders from Pacific Island nations to discuss education, environment, civic leadership, and economic and social development. Program participants and alumni compete for $10,000 grants to transform ideas into action. The full list of 2019 grant winners can be found here: https://fm.usembassy.gov/u-s-state-department-announces-2019-young-pacific-leaders-grant-recipients/.

Supporting Youth Ocean Diplomacy: In June 2019, the Department of State brought together 22 emerging Micronesian, Marshallese, and Palauan leaders in civic education, rule of law, entrepreneurship and youth leadership. The program empowered participants to use technology to combat illegal, unreported, and unregulated fishing. Participants will implement community projects after returning to their respective countries.

For more on this program visit: https://www.worldoregon.org/empowering_changemakers_in_the_pacific_islands.

Video Link: https://www.youtube.com/watch?v=JheUUDa-X00

Reaffirmation of unique, historic, and special relationships between US and Micronesian Nations

Note: the following articles are excerpted and edited: read the full content at links provided.

Joint Statement from the President of the United States and the Presidents of the Freely Associated States May 21, 2019

"We are confident our relationships will further our abiding mutual interests and remain a source of regional security, stability, and prosperity."

The United States of America, the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia, as Pacific nations, jointly reaffirm our interest in a free, open, and prosperous Indo-Pacific region. We recognize our unique, historic, and special relationships, and reaffirm our countries’ commitments to the Compacts of Free Association, resolving to continue our close cooperation in support of prosperity, security, and the rule of law.

Our nations believe in an economic development model that supports inclusive economic growth and an environment in which the autonomy of all nations is respected. It is in our mutual interest that the Pacific Ocean remains an important and vibrant corridor for maritime trade, and that we work together to reduce vulnerabilities to economic fluctuation and natural disasters. We seek to continue encouraging private-sector investment and trade between our countries and to strengthen the bonds between our peoples.

We remember the sacrifices of our sons and daughters to guarantee a more secure world where freedom can thrive. Today, many citizens of the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia serve in the United States military. Their service is a proud reminder of our countries’ enduring commitment to our shared security in a dynamic and critical region.

We resolve to continue developing joint initiatives, both bilaterally and through multilateral forums, such as the Pacific Islands Forum, to tackle the region’s most pressing issues, including responding to natural disasters; combating illegal, unreported, and unregulated fishing; advancing economic development; strengthening the rule of law; and supporting the resiliency of the Pacific islands environment. We recognize these shared priorities and are committed to collaborate on effective solutions responding to the unprecedented challenges of the 21st century.

We are confident our relationships will further our abiding mutual interests and remain a source of regional security, stability, and prosperity.

Sign of respect: the Freely Associated States come to Washington

Wooed by China and Taiwan, the presidents of Palau, Micronesia and Marshall Islands now sit down with Donald Trump.

Leaders of the Republic of Palau, Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI) are well used to seeing each other. They share a neighbourhood in the North Pacific and meet annually at the Micronesian Presidents’ Summit to discuss strategies on key issues such as climate change, fisheries, and their relationship with the United States.

As a group they are referred to as the Freely Associated States, based on their Compact of Free Association with the United States; they are independent countries, but the US provides financial and defence assistance in exchange for exclusive territorial access. In the past couple of years in particular, leaders of each country have received the red-carpet treatment from China and Taiwan, with high level visits in their own country or abroad. Comparatively, presidents of the Freely Associated States have been given meetings with the Secretary of the US Department of Interior (as recently as 20 May) or State Assistant Secretary. Given that a US President never has, and never will, participate in the Pacific Islands Forum, Micronesian Presidents’ Summit, or similar Pacific island-centred dialogue, this meeting presents a chance for the US to show respect for each leader and the group as a whole.

US officials, commentators and even Palau’s President Tommy Remengesau are right to point out that this meeting underscores the importance of the strategic location of these countries and geopolitical tensions with China. But more significantly, it demonstrates the resolve of each country’s ambassador and leaders to press for the meeting and make their case at the highest political level. The China angle is just one leverage point and it’s evidently worked in order to get the attention of the US Defence department and the White House, who are not shy to mention it.

The last thing the leaders of the Freely Associated States want is for them or their citizens to be seen as a drain on US resources. In fact, a major goal of the Compact of Free Association was to promote self-sufficiency. But providing stability for their citizens residing in US territories, Hawaii, and on the mainland is critical to getting remittances, educational opportunities, access to health care, and positive people-to-people ties.

While residing in the US, citizens of the Freely Associated States are eligible for some services but are ineligible for most federal, state, and local government benefits such as food stamps (now called the Supplemental Nutrition Assistance Program) or Medicare, and have had a number of social safety nets reduced. A suite of government services and grants are written into the Compact, but some are funded by discretionary spending, including the more than $30 million provided annually since 2004 to deal with “Compact Impact” for Guam, Hawaii, Commonwealth of Northern Marianas, and American Samoa.

Citizens of the Freely Associated States also serve in record numbers in the US military; taking care of veterans and ensuring access to sufficient care will be a critical issue.

As recently as this month, the US released funding for FSM for “emergency relief and reconstruction assistance” to be administered by the US Agency for International Development (USAID) and other agencies. The agency has a solid history of providing funding and technical support to the Freely Associated States, each of which face different challenges due to climate change and disaster preparedness.

The Trump Administration has advocated continued cuts to the State department’s and USAID’s budgets, limiting their capacity in this area. Rather, official policy aims for other countries to share the burden for health and development priorities, reflecting “a new approach toward countries that have taken unfair advantage of the United States’ generosity.” Reaffirming commitment to the Compact and demonstrating how it is “the backbone of America’s Pacific military strategy” as Remengesau recently wrote will be the most important goal for leaders of the Freely Associated States. They want to know that the US will renew the Compact upon expiry of certain provisions in 2023 for Palau and 2024 for RMI and the FSM, especially funding for their trust funds and delivery of US services.

Like many island countries, Palau, FSM, and RMI face mounting challenges in non-communicable diseases; FSM and RMI have some of the highest rates of diabetes in the world, and citizens of the RMI still cope with ramifications of being a former nuclear testing site. Additionally, Palau and the FSM have faced difficulties with illegal fishing and drug trafficking and have struck agreements with the US and others for patrol boats, training, and security cooperation. It is essential that a future Compact acknowledges the history and future trajectory of each country outside of the arena of geostrategic competition.

While the US relationships with the Freely Associated States have been plagued by legal interpretation and the fact of distance over the years, the US sees the Pacific islands “as an essential part of the free and open Indo-Pacific region”. Each has rich histories, cultures, and ideas for the future

US-China battle for influence sees Trump welcome leaders of South Pacific island nations to the White House.

The brief but symbolic meeting demonstrated US support at a time when Washington is pushing back against expanding Chinese influence in the Pacific. Washington pays much of the small countries’ budgets and in return uses the territories as important links in a huge chain of military bases across the ocean. A senior White House official said: “President Trump has been directing an unprecedented level of focus on the Pacific Islands, in recognition of the fact that the United States is a Pacific nation, with immutable strategic, economic, cultural and people-to-people links in the islands.”

Jian Zhang, director of China engagement at UNSW Canberra at the Australian Defence Force Academy (ADFA), said that China’s growing economic ties with states under the compact had Washington worried that Beijing might eventually displace it as the major power in the region. “The meeting today is more than ceremonial,” Zhang said. “President Trump wants to send a message that the US will continue to maintain its position in the region, making a commitment to provide continued economic assistance and maintain the defence facilities the US has on those islands.”

Geography is an important part of China’s interest in the island nations, according to Zhang from the Australian Defence Force Academy. Crucial to Beijing’s defence strategy is the ability to freely navigate its navy, including submarines, among the multiple island chains surrounding China’s coast. The first chain includes Japan, Taiwan and the Philippines, while the second includes the Mariana Islands – a US territory – as well as Palau and Micronesia.

The leaders of states under the compact are also on the front lines of the fight against climate change, facing rising sea levels and coastal erosion as well as annual weather-driven natural disasters. They have been vocal advocates for international climate change adaptation efforts at the United Nations, where they carry the same voting power as the world’s largest economies.

China’s trade with Pacific Island nations reached US$8.2 billion in 2017, according to the USCESRC – nearly five times that of their trade with the US, at just US$1.6 billion, and nearly twice the level of trade in 2015. Beijing has also conducted extensive scientific research on the seabed in the region, including placing acoustic surveillance sensors on the seabed near the island of Yap in Micronesia.

In a show of diplomatic interest in the region, Washington has in recent months sent a flurry of high-level diplomats to the region, including assistant secretary of defence Randy Schriver and Patrick Murphy, the State Department’s principal deputy assistant secretary for East Asian and Pacific affairs. (It should be noted that Assistant Secretary of Defense Randy Shriver was a panel participant in GUASA's first Roundtable on Guam in 2013.)

Reports last year of Chinese interest in developing military outposts in the Indo-Pacific – though denied by China – could pose a threat to US interests, according to a January report by the US-China Economic and Security Review Commission (USCESRC), which provides recommendations to Congress. “As China increases its economic engagement, Pacific Island countries may feel more beholden to Beijing and side with it in international forums,” warned the report. “At this stage, China wants to develop growing ties, especially economic and political ties, and over time those will be very useful in achieving its strategic agenda,” said Zhang from the ADFA.

Geography is an important part of China’s interest in the island nations, according to Zhang from the Australian Defence Force Academy. Crucial to Beijing’s defence strategy is the ability to freely navigate its navy, including submarines, among the multiple island chains surrounding China’s coast. The first chain includes Japan, Taiwan and the Philippines, while the second includes the Mariana Islands – a US territory – as well as Palau and Micronesia.

UNCLOS Arbitration Panel issues Award in case brought by the Republic of the Philippines against the People's Republic of China

On July 12, 2016 at The Hague, an Arbitral Tribunal constituted under Annex VII to the 1982 United Nations Convention on the Law of the Sea, issued "The South China Sea Arbitration Award of 12 July 2016". The Decision of the Tribunal can be found at this link.

As much has been written and reported about the dispute since the case was originally brought in 2013, this is will not be repeated here. In result of the award, as might be expected, the Philippines is delighted (here and here). China is indignant (here and here). And Guam's Delegate to the US Congress is hoping China will show some respect.

In keeping to its multi-pronged playbook of aggression, the Chinese Ambassador to Australia has been granted space to issue an opinion in The Australian newspaper: Arbitration on the South China Sea dispute is fatally flawed

"The arbitration initiated by The Philippines is completely politically motivated. Its main purpose is to deny China’s sovereignty and ensuing rights and interests in the South China Sea. The decision of the tribunal, being null and void, has no binding force.

China rejects the award to safeguard not only its own lawful rights and interests under international law but also the integrity and authority of UNCLOS. China’s response is absolutely reasonable and legitimate.

More and more international legal experts have expressed their concerns and doubts about the case, and over 60 countries have registered in public their understanding and support for the Chinese position.

China has solid historical and legal basis for its territorial sovereignty and maritime rights and interests in the South China Sea. The award will not in any way affect China’s sovereignty over the islands and reefs and its maritime rights and interests in the South China Sea, nor will it shake China’s resolve to defend its territorial sovereignty and maritime rights and interests.

While China will not accept any claim or action based on the award, it remains committed to resolving the relevant disputes through negotiation and consultation with the countries directly concerned, on the basis of respecting historical facts and in accordance with international law, with a view to maintaining peace and stability in the South China Sea."

The Award, on the other hand, had quite a few things to say, including the selected and paraphrased few items following. (It is recommended that you first read, if you are not familiar with the language of the Law of the Seas, this article: REEFS, ROCKS, AND THE RULE OF LAW):

This arbitration concerns disputes between the Parties regarding the legal basis of maritime rights and entitlements in the South China Sea, the status of certain geographic features in the South China Sea, and the lawfulness of certain actions taken by China in the South China Sea. The Convention, however, does not address the sovereignty of States over land territory.

The basis for this arbitration is the 1982 United Nations Convention on the Law of the Sea (the “Convention” or “UNCLOS”). Both the Philippines and China are parties to the Convention, the Philippines having ratified it on 8 May 1984, and China on 7 June 1996. The Convention was adopted as a “constitution for the oceans,” in order to “settle all issues relating to the law of the sea,” and has been ratified by 168 parties. China is still a Party to the arbitration and, pursuant to the terms of Article 296(1) of the Convention and Article 11 of Annex VII, shall be bound by any award the Tribunal issues.

China’s land reclamation and/or construction of artificial islands, installations, and structures at Cuarteron Reef, Fiery Cross Reef, Gaven Reef (North), Johnson Reef, Hughes Reef, Subi Reef, and Mischief Reef do not constitute “military activities”, within the meaning of the Convention, in support of the Tribunal's jurisdiction over many claims. The dispute between China and the Philippines concerning the stand-off between the Philippines’ marine detachment on Second Thomas Shoal and Chinese military and paramilitary vessels involves “military activities”, depriving the Tribunal of jurisdiction over a few claims. The Tribunal has jurisdiction to consider most of the matters raised in the Philippines’ claim, being Submissions No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14(d) and such claims are admissible.

China’s claims in the South China Sea do not include a claim to ‘historic title’. China’s claims to historic rights, or other sovereign rights or jurisdiction, with respect to the maritime areas of the South China Sea encompassed by the relevant part of the ‘nine-dash line’ are contrary to the Convention and without lawful effect to the extent that they exceed the geographic and substantive limits of China’s maritime entitlements under the Convention.

No maritime feature claimed by China within 200 nautical miles of Mischief Reef or Second Thomas Shoal constitutes a fully entitled island for the purposes of the Convention and therefore that no maritime feature claimed by China within 200 nautical miles of Mischief Reef or Second Thomas Shoal has the capacity to generate an entitlement to an exclusive economic zone or continental shelf.

As low-tide elevations, Mischief Reef and Second Thomas Shoal do not generate entitlements to a territorial sea, exclusive economic zone, or continental shelf and are not features that are capable of appropriation.

Reed Bank is an entirely submerged reef formation that cannot give rise to any maritime entitlements.

As low-tide elevations, Subi Reef, Gaven Reef (South), and Hughes Reef do not generate entitlements to a territorial sea, exclusive economic zone, or continental shelf and are not features that are capable of appropriation, but may be used as the baseline for measuring the breadth of the territorial sea of high-tide features situated at a distance not exceeding the breadth of the territorial
sea.

Scarborough Shoal, Gaven Reef (North), McKennan Reef, Johnson Reef, Cuarteron Reef, and Fiery Cross Reef, in their natural condition, are rocks that cannot sustain human habitation or economic life of their own, within the meaning of the Convention and accordingly Scarborough Shoal, Gaven Reef (North), McKennan Reef, Johnson Reef, Cuarteron Reef, and Fiery Cross Reef generate no entitlement to an exclusive economic zone or continental shelf.

None of the high-tide features in the Spratly Islands, in their natural condition, are capable of sustaining human habitation or economic life of their own within the meaning of Article 121(3) of the Convention, thus do not generate entitlements to an exclusive economic zone or continental shelf; and therefore there is no entitlement to an exclusive economic zone or continental shelf generated by any feature claimed by China that would overlap the entitlements of the Philippines in the area of Mischief Reef and Second Thomas Shoal.

Indeed, Mischief Reef and Second Thomas Shoal are within the exclusive economic zone and continental shelf of the Philippines.

China has, through the operation of its marine surveillance vessels in relation to M/V Veritas Voyager on 1 and 2 March 2011 breached its obligations under Article 77 of the Convention with respect to the Philippines’ sovereign rights over the non-living resources of its continental shelf in the area of Reed Bank.

China has, by promulgating its 2012 moratorium on fishing in the South China Sea, without exception for areas of the South China Sea falling within the exclusive economic zone of the Philippines and without limiting the moratorium to Chinese flagged vessels, breached its obligations under the Convention with respect to the Philippines’ sovereign rights over the living resources of its exclusive economic zone.

With respect to fishing by Chinese vessels at Mischief Reef and Second Thomas Shoal: a. in May 2013, fishermen from Chinese flagged vessels engaged in fishing within the Philippines’ exclusive economic zone at Mischief Reef and Second Thomas Shoal; and b. China, through the operation of its marine surveillance vessels, was aware of, tolerated, and failed to exercise due diligence to prevent such fishing by Chinese flagged vessels; and c. therefore China has failed to exhibit due regard for the Philippines’ sovereign rights with respect to fisheries in its exclusive economic zone; thus, China has breached its obligations under the Convention.

Scarborough Shoal has been a traditional fishing ground for fishermen of many nationalities and China has, through the operation of its official vessels at Scarborough Shoal from May 2012 onwards, unlawfully prevented fishermen from the Philippines from engaging in traditional fishing at Scarborough Shoal.

With respect to the protection and preservation of the marine environment in the South China Sea: a. fishermen from Chinese flagged vessels have engaged in the harvesting of endangered species on a significant scale; b. fishermen from Chinese flagged vessels have engaged in the harvesting of giant clams in a manner that is severely destructive of the coral reef ecosystem; and c. China was aware of, tolerated, protected, and failed to prevent the aforementioned harmful activities; and therefore China has breached its obligations under the Convention.

With respect to the protection and preservation of the marine environment in the South China Sea: a. China’s land reclamation and construction of artificial islands, installations, and structures at Cuarteron Reef, Fiery Cross Reef, Gaven Reef (North), Johnson Reef, Hughes Reef, Subi Reef, and Mischief Reef has caused severe, irreparable harm to the coral reef ecosystem; b. China has not cooperated or coordinated with the other States bordering the South China Sea concerning the protection and preservation of the marine environment concerning such activities; and c. China has failed to communicate an assessment of the potential effects of such activities on the marine environment, within the meaning of the Convention; and thus, China has breached its obligations under the Convention.

With respect to China’s construction of artificial islands, installations, and structures at Mischief Reef: a. China has engaged in the construction of artificial islands, installations, and structures at Mischief Reef without the authorisation of the Philippines even though Mischief Reef is within the exclusive economic zone and continental shelf of the Philippines; and therefore,
China has breached the Convention with respect to the Philippines’ sovereign rights in its exclusive economic zone and continental shelf.

With respect to the operation of Chinese law enforcement vessels in the vicinity of Scarborough Shoal: a. China’s operation of its law enforcement vessels on 28 April 2012 and 26 May 2012 created serious risk of collision and danger to Philippine ships and personnel; and b. China’s operation of its law enforcement vessels on 28 April 2012 and 26 May 2012 violated Rules of the Convention on the International Regulations for Preventing Collisions at Sea, 1972; and thus China has breached its obligations under the Convention.

In addition, China has aggravated the Parties’ dispute concerning their respective rights and entitlements in the area of Mischief Reef; has aggravated the Parties’ dispute concerning the protection and preservation of the marine environment at Mischief Reef; has extended the scope of the Parties’ dispute concerning the protection and preservation of the marine environment to Cuarteron Reef, Fiery Cross Reef, Gaven Reef (North), Johnson Reef, Hughes Reef, and Subi Reef; and has aggravated the Parties’ dispute concerning the status of maritime features in the Spratly Islands and their capacity to generate entitlements to maritime zones, in consequence of which China has breached its obligations pursuant to the Convention, as well as pursuant to general international law, to
abstain from any measure capable of exercising a prejudicial effect in regard to the execution of the decisions to be given and in general, not to allow any step of any kind to be taken which might aggravate or extend the dispute during such time as dispute resolution proceedings were ongoing."

US Commission report sees multi-pronged aggression from China

The U.S.-China Economic and Security Review Commission, was created by the United States Congress in October 2000 with the legislative mandate to monitor, investigate, and submit to Congress an annual report on the national security implications of the bilateral trade and economic relationship between the United States and the People’s Republic of China.

It recently issued a Staff Report entitled, China’s Efforts to Counter U.S. Forward Presence in the Asia Pacific (March 15, 2026).

The report observes, "in addition to kinetic A2/AD capabilities, Beijing also appears to be pursuing preemptive options well before a conflict, with the intention of eroding the United States’ strategic position, freedom of action, and operational space in the region."

The report surmises, "China is managing its security interests in the Asia Pacific through a combination of engagement, coercion, and alliance splitting."

• Engagement: China is, economically, diplomatically and through military to military contacts, engaging countries the United States considers to be strategically important (i.e., for supporting military operations through economic and military-to-military cooperation) in an effort to complicate relationships between the United States and those strategically important countries.
• Coercion: China has used both veiled threats concerning the use of force as well as economic punishment in efforts to shape the behavior of countries on its periphery. China is likewise applying coercion through the implied threat of the use of force in its maritime disputes. While China currently is relying on civilian maritime law enforcement agencies to assert its claims in disputed seas, Beijing is also using the PLA Navy in a protective monitoring capacity for the China Coast Guard and maritime militia units.
• Alliance Splitting: Beijing is engaging in attempts to split alliances and exploit seams in relationships between and among the United States and its partners and allies in the Asia Pacific.

It notes, "DOD’s 2011 annual report to Congress on China’s military states that in 2003, China’s leaders endorsed the three warfares concept, “reflecting China’s recognition that as a global actor, it will benefit from learning to effectively utilize the tools of public opinion, messaging, and influence.” The report goes on to note that “China likely hopes to employ these three concepts in unison, particularly during the early stages of a crisis, as they have a tendency to bolster one another." It describes the three warfares as psychological warfare, media warfare and legal warfare, which “uses international and domestic law to claim the legal high ground or assert Chinese interests."

Of particular interest in the Mariana and Caroline Islands is the effect this multi-pronged aggression is having in the region.

Guam is a critical location for the forward deployment of air, naval, missile defense, and ground forces for any contingency operation the United States may need to respond to within the Asia Pacific region. Furthermore, the U.S. military has shifted much of its aviation training to Guam, and will develop training areas in Guam and the Commonwealth of the Northern Mariana Islands (CNMI). Beijing is concerned the redeployment of U.S. troops to Guam and the development of a training range in the CNMI is directed against China. While Beijing is concerned about the U.S. military footprint, China’s tourism industry has been acquiring hotels and apartment buildings in Palau and hotel and casino development projects in Saipan, as well as establishing Chinese-operated tour organizations in the CNMI. There is some concern within the CNMI business community that the presence of U.S. military training on three of the islands in the chain could discourage investment by the Chinese-backed tourism-casino industry, as investors behind the casinos have indicated they may pull out if plans for the training range progress. This has resulted in the CNMI considering legal action to contest the Pentagon’s plan to develop the range.”

Chinese investments in real estate in the CNMI and the presence of Chinese workers, tourists, or businesspeople could provide cover for clandestine surveillance of U.S. facilities, training, logistics, or troop rotations. The United States can expect continued Chinese investments in the region if Beijing perceives that some amount of access, influence, and information acquisition is being achieved.

2016 Cope North exercises bigger and broader than ever

Cope North exercise aims to strengthen Pacific alliances

With nearly 3,000 personnel and 100 aircraft participating, this is the largest Cope North ever. The exercise was first held at Misawa Air Base, Japan, in 1978 and moved to Andersen in 1999.

Aircraft from the U.S. Air Force and Navy, Japan and Australia are being used for the disaster-relief and combat-readiness drills, which kicked off last week and run through Feb. 26.

The Philippines air force has joined Cope North for the first time, sending representatives for the disaster-response portion of the exercise. Personnel from the South Korean and New Zealand air forces are also participating. Bangladesh, Canada, India, Indonesia, Malaysia and Thailand have sent observers.

Overlooking a stopover

Philippine President, Malaysia Prime Minister to Stop on Guam

Some leaders from Asia will be landing on Guam in a few hours for a technical stop, including Philippine President Benigno Aquino and Malaysia Prime Minister Najib Razak.

Guam International Airport Spokesperson Rolenda Faasuamalie says the two heads of state will be arriving in separate airplanes and will be on Guam for less than an hour for a fuel stop.

Both are returning to their home countries after attending the US-ASEAN summit in Caifornia, which is the first time this summit has ever been hosted in the US.

How much more convenient and neighborly would it have been for the White House to have held the summit nearer to the home of ASEAN, on sovereign US soil in the middle of the Asia-Pacific region?

The Mariana Islands host regional allied security training exercises in 2 annual events

Philippines joining Cope North for first time on Guam next month

The Philippines will take part for the first time in Cope North, a large-scale air exercise with the U.S. and four other nations in the western Pacific.

Philippine airmen will join more than 1,800 personnel from the U.S., Japan, Australia, South Korea and New Zealand for the exercise, which runs Feb. 10-26 out of Andersen Air Force Base, Guam.

Cope North 2016 will begin with a two-day, table-top humanitarian and disaster-relief exercise. Focus will then shift to fighter-versus-fighter air combat tactics, air-to-ground strike missions and large-force employment training, an Air Force statement said.

Five Philippine Air Force planners will assist with humanitarian assistance and disaster response drills on Rota and Tinian islands, setting up a base and medical center and conducting combat search-and-rescue drills in the exercise’s first week, said 1st Lt. Christen Ornella, Pacific Air Forces spokeswoman.

“This is the largest Cope North to date with more aircraft than ever,” she said of the exercise, which began in 1978 as a quarterly bilateral exercise at Misawa Air Base, Japan, and moved to Guam in 1999.

Seventy-four aircraft from the U.S., 22 from Japan, nine from Australia and one from South Korea will take part in the event. The U.S. aircraft, which will come from bases in mainland Japan, Okinawa, Alaska, Guam and the continental U.S., include F-15 and F-16 fighters, B-52 bombers and C-130 cargo planes, Ornella said.

The 353rd Combat Training Squadron from Eielson Air Force Base, Alaska, participating in the exercise for the first time this year, will conduct multilateral survival training, the statement said.

U.S., Japan navies conduct war games near Guam

The destroyers Mustin and McCampbell are exercising with about half a dozen Japanese Maritime Self-Defense Force ships and training to hunt submarines and engage incoming fighters, according to a Wednesday press release.

The exercises will also include a maritime patrol aircraft, several EA-18G Growlers designed for electronic warfare attacks, and a submarine. The release did not specify if the sub was American.

Guam Exercise, or GUAMEX, is an annual exercise with the JMSDF. Japan is taking a more assertive role in regional security. Japan, led by its Prime Minister Shinzo Abe, is revisiting its constitution and weighing changes that would allow Japan to take part in combat operations with coalition partners like the U.S.

Japan has one of the world's largest navies, with more than 120 ships to include destroyers, amphibs and attack submarines. Japan's latest moves signal that those ships could sail with U.S. ships and task forces, like the forward-deployed carrier strike group based in Japan.

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