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LawfareLaw as a Weapon of War$
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Orde F. Kittrie

Print publication date: 2016

Print ISBN-13: 9780190263577

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780190263577.001.0001

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The Chinese Government Adopts and Implements a Lawfare Strategy

The Chinese Government Adopts and Implements a Lawfare Strategy

Chapter:
(p.161) Chapter 4 The Chinese Government Adopts and Implements a Lawfare Strategy
Source:
Lawfare
Author(s):

Orde F. Kittrie

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190263577.003.0004

This chapter describes and analyzes the waging of lawfare by the People’s Republic of China (PRC). Section I places PRC lawfare in its historical and ideological context, including the Sun Tzu maxim that “defeating the enemy without fighting is the pinnacle of excellence,” the highly instrumental role of law in Maoist doctrine, and the current role of law in Chinese society. It also discusses the PRC’s explicit adoption of lawfare as a major component of its strategic doctrine. Section II deals with the PRC’s systematic waging of instrumental lawfare in the maritime, aviation, space, and cyber arenas. Section III addresses PRC lawfare tactics designed to gain advantage from the greater compliance leverage that international law and its processes exert over the United States and other PRC adversaries, using as an example nonproliferation law. Section IV addresses the future of PRC lawfare and potential U.S. and allied responses to it.

Keywords:   Lawfare, China, Sun Tzu, maritime, aviation, space, cyber, compliance, nonproliferation

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