Turning the Tables

You might be interested in this post by Wilson VornDick at The National Interest on how the State of Missouri is using Chinese-style lawfare against China:

Essentially, the “Three Warfares” is a strategy meant to create and shape political power for the Chinese Communist Party, both domestically and abroad per China analyst Peter Mattis. Broken down into three distinct parts, the first of the “Three Warfares” is media or public opinion warfare (舆论战) which attempts to shape public opinion. Elsa Kania, writing in Jamestown Foundation, notes the second part, psychological warfare (心理战), as that which “seeks to undermine an adversary’s combat power, resolve, and decision-making, while exacerbating internal disputes to cause the enemy to divide into factions.” Finally, she describes lawfare, the third part and most pertinent to Missouri’s lawsuit, as envisioning the “use of all aspects of the law, including national law, international law, and the laws of war, in order to secure seizing “legal principle superiority” and delegitimize an adversary.” Ostensibly, the PRC has leveraged legal tactics and techniques such as those mentioned from territorial disputes over the South China Sea to economic arbitrations in the World Trade Organization. Moreover, growing anecdotal evidence suggests that it is becoming difficult to discern a clean break or firewall between actions of the PRC under the CCP’s party-state apparatus apart and separate from state-owned or private Chinese corporations, assets, or citizens. This is because the actions, dictates, and aspirations of the PRC prioritize dual-use, military-civilian fusion, and national strategies like Made in China 2025 make less and less of a distinction.

It will be amusing to see how this plays out. I think the overwhelming likelihood is that the Trump Administration or some future administration moves to quash it.

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