Writing in Forbes, US National Defense University professor Dr Jill Goldenziel warned the legislation “presages more conflict” in the South China Sea as she noted now is the time to intervene to avoid war.
Dr Goldenziel said: “China frequently lays a legal foundation for its illegal maritime actions against its neighbours.
“Using a practice known as institutional lawfare, China creates a domestic legal framework to legitimise actions that violate international law.
“By doing so, China can justify its own actions as in accordance with Chinese law in its domestic press and political statements, garnering legitimacy before its own people.”
Order No. 3 came into effect on June 15, granting permission to the Chinese Coast Guard to arrest any foreigners caught engaging in “illegal violation” in “waters under China’s jurisdiction.” Those arrested can be held for up to 60 days without trial.
The new law also allows Chinese authorities to declare temporary security zones in parts of the South China Sea for military use.
Dr Goldenziel argued China has been signalling its intent to “erode international law” and throw into question sovereignty over the area.
She added: “Rarely does a malign actor tell the world exactly what it plans to do next. Through Order No. 3, China has left us a map and charted a course.
“China plans to erode international law using lawfare backed by CCG vessels. The United States must work to bolster the rules-based international order.
“The United States should work with its allies and partners to condemn China’s Coast Guard law and reassert the maritime boundaries prescribed by the United Nations Convention on the Law of the Sea.”
