Political Correctness Run Amok: Using the NBA All-Star Game to Punish North Carolina

This article in The Washington Examiner "George Orwell, call your office" with this great quote about Silicon Valley:

"People here pride themselves on a kind of militant open-mindedness," Manjoo writes. "It is the kind of place that will severely punish any deviations from accepted schools of thought."

spurred me to look again at the pressure being brought on North Carolina as a result of it now famed House Bill 2 (see here), now including the National Basketball Association's decision to move the 2017 NBA All-Star game from Charlotte:

“While we recognize that the NBA cannot choose the law in every city, state, and country in which we do business, we do not believe we can successfully host our All-Star festivities in Charlotte in the climate created by HB2,” the NBA’s statement read.

The league did however, acknowledge that the NBA and the Hornets have been “working diligently to foster constructive dialogue and try to effect positive change.”

The league issued a statement Thursday saying the alternate site for 2017 will be named in the next few weeks. The NBA is focused on New Orleans, league sources told online site The Vertical.

McCrory and state legislators who support HB2 have said important privacy concerns are at stake. Following the NBA’s decision Thursday, McCrory continued to defend the law.

“American families should be on notice that the selective corporate elite are imposing their political will on communities in which they do business, thus bypassing the democratic and legal process,” the Republican governor said in an emailed statement.

A spokesman for Attorney General Roy Cooper, the Democratic gubernatorial candidate, called the All-Star Game news “incredibly disappointing.”

“How many damaging blows does North Carolina have to take before Governor McCrory realizes that HB2 must be repealed?” the spokesman said.

The "climate created by HB2? What the heck is that? No private enterprise is affected by HB2 - at least as far as bathroom usage. The climate is seems mostly to be an effort to attack the Republican governor and state legislature. Any resident of NC is now well familiar with the "Moral Monday" movement which has been complaining ever since the Legislature passed into Republican hands during the last election - complaints covering everything from redistricting to voter ID to HB2.

Friday Fun Film: "Deep Sea Diving: The Technique of Diving" (1943)

Hard hat Navy divers have a proud tradition -

Back to the Future: Harpoon Missiles on a High Speed, Minimally Manned Combatant?

Sometimes you just have to laugh instead of crying - here's the caption of the nearby photo:

USS Coronado (LCS 4), an Independence-variant littoral combat ship, launches the first over-the-horizon missile engagement using a Harpoon Block 1C missile. *** U.S. Navy photo by Lt. Bryce Hadley (Released)

Roughly a zillion years ago we had high speed, minimally manned warships firing Harpoon missiles:


As set out here, the Pegasus-class PHMs carried 2 quad Harpoon launchers - 39 years ago.

So, good move, LCS masters, on bringing the LCS up to 1977 weapons standards- sorta.

Above are 6 PHMs zipping along - presumably with 48 Harpoon missiles available. Something tells me all 6 cost less that a single LCs. Probably much less.

According to Defense News, Coronado's deployment configuration will be one quad box launcher.

I guess it's a start.

Update: fixed a math error and Harpoons entered the fleet in 1977.

U.S.Navy Office of Naval Intelligence Worldwide Threat to Shipping (WTS) Report 14 June - 13 July 2016

U.S.Navy Office of Naval Intelligence Worldwide Threat to Shipping (WTS) Report 14 June - 13 July 2016

On Midrats 17 July 2016 Episode 341: Russia in 2016 with Dr. Dmitry Gorenburg

Please join us at 5pm (EDT) on 17 July 2016 for Midrats Episode 341 "Russia in 2016 with Dr. Dmitry Gorenburg

From the sacking of the Baltic Fleet leadership, fighting in Syria, to developments from Central Asia to the Pacific - Russia in 2016 is on the move.

To discuss the who, what, where, and why of Russia in 2016, our guest for the full hour will be Dr. Dmitry Gorenburg, Senior Analyst, CNA Strategic Studies, an Associate at Harvard’s Davis Center for Russian and Eurasian Studies, an author, and host of the Russian Military Reform blog.

Dr. Gorenburg focuses his research on security issues in the former Soviet Union, Russian military reform, Russian foreign policy, ethnic politics and identity, and Russian regional politics. He is also the editor of the journals Problems of Post-Communism and Russian Politics and Law and a Fellow of the Truman National Security Project. From 2005 through 2010, he was the Executive Director of the American Association for the Advancement of Slavic Studies.

Join us live if you can or pick the show up later by clicking here or later by visiting our iTunes or Stitcher pages.

Saturday Is Old Radio Day: Secrets of Scotland Yard "Bone from a Voice Box"

A post-WWII true crime series, based on actual cases from Scotland Yard, a/k/a The Metropolitan Police Service.

This one takes a few seconds to get going.

Friday Fun Film: "The Home Front" (1943)

Really, full mobilization meant people of all ages had to pitch in.

South China Sea: Face Time

The headline says it all: South China Sea: China’s desperate bid to save face:

But China occupies a unique position in the world, and its rapid expansion in trade and construction comes alongside a hierarchical view of the world in which it wants to control the supply chain and assert itself against the West, according to Euan Graham, east Asian security expert and International Security Director at the Lowy Institute.

Most importantly, the nation will not want to lose face.

Its chest-beating has only escalated as the United States proceeds with intimidatory Freedom of Navigation exercises in the South China Sea.

“We’ve got to come to terms with the fact China is a bigger country we’ve got to work with,” Asialink’s International Director Tony Milner told news.com.au. “We have to accommodate it in a way that doesn’t damage us too much. People in the region are realistic about this.”

If that sounds weak, Professor Milner notes that in the past, the US and the UK were the large uncontrollable nations selfishly pursuing their own interests. “China remembers,” he added.

The rest of the world may not want to be too hasty in attacking and shaming China, or aligning with the US.

Yes, that "100 years of humiliation" card and the blustery words of the Chinese government in seeking legitimacy have created a dilemma for both China and the rest of the world.

Especially since China sees that the modern rules of international relations were made while it was sleeping - or turning inward, as the case may be.

Nice shot there in that last quoted paragraph - the U.S. was involved in a great deal of things that it may now look back on with regret - but we helped the Chinese fight the Japanese in WWII and by opening extensive trade relations have helped propel them into the 21st Century. That their rickety government isn't prepared for the sort of freedom that is required to continue that prosperity is not the fault of either the U.S. or the U.K.

As has been seen recently, China's neighbors are not going to sit idly by while China runs roughshod throughout the region. If China wants to save "face" it needs to do some fast fence-mending.

UPDATE: Baby steps - see here.

UPDATE2: Good stuff here:

A former U.S. commander told lawmakers Wednesday that the tribunal's ruling has provided a clear legal foundation for Washington to take a position on the dispute. Dennis Blair, a former commander of U.S. forces in the Pacific, said Washington should declare its willingness to use military force to oppose Chinese aggression at the disputed land features off the coast of the Philippines.
***
China is now caught between taking a hard line on safeguarding its territorial claims in the disputed South China Sea and finding a diplomatic way out of the international impasse, analysts say. Too hard of a line, such as the declaration of an air defense identification zone, will hurt China's already tarnished image around Asia, where it officially seeks to be a good neighbor.

"It is highly likely that China will undertake a show of military force to underline its sovereignty, but such measures will only aggravate China's battered image globally," Tang Siew Mun, a senior fellow at the regional strategic and political studies program under the ISEAS-Yusof Ishak Institute, wrote in an emailed reply to VOA.

U.S. Navy Office of Naval Intelligence Worldwide Threat to Shipping (WTS) Report 7 June - 6 July 2016

Worldwide Threat to Shipping (WTS) Report
7 June - 6 July 2016:

U.S. Navy Office of Naval Intelligence Worldwide Threat to Shipping (WTS) Report 7 June - 6 July 2016 by lawofsea on Scribd

South China Sea: China Loses "9-Dash Line", "Island Claims" and "Historical Use" Claims in Court, Denies It

China denies that "Western" justice is just as Philippines wins South China Sea case against China

China has lost a key international legal case over strategic reefs and atolls that it claims would give it control over disputed waters of the South China Sea.

The judgment by an international tribunal in The Hague is overwhelmingly in favour of claims by the Philippines and will increase global diplomatic pressure on Beijing to scale back military expansion in the sensitive area. By depriving certain outcrops of territorial-generating status, the ruling effectively punches holes in China’s all-encompassing “nine-dash” line that stretches deep into the South China Sea.

China reacted angrily to the verdict, which declares large areas of the sea to be neutral international waters or the exclusive economic zones of other countries. Xinhua, the country’s official news agency, hit out at what it described as an “ill-founded” ruling that was “naturally null and void”.

More here:

On Tuesday morning, a tribunal of five judges at Hague-based Permanent Court of Arbitration issued a highly anticipated and unanimous award in Republic of Philippines v. People’s Republic of China, a case filed in 2013 by Manila concerning maritime entitlements and the status of features in the South China Sea, among other issues.

The Tribunal’s award is highly favorable to the Philippines, ruling that China’s nine-dash line claim and accompanying claims to historic rights have no validity under international law; that no feature in the Spratly Islands, including Taiwan-occupied Itu Aba (or Taiping Island), is an island under the United Nations Convention on the Law of the Sea (UNCLOS); and that the behavior of Chinese ships physically obstructing Philippine vessels is unlawful.

Perhaps the most significant finding–and the one most likely to disturb China–is the Tribunal’s award that China’s nine-dash line and claim to historic rights in the South China Sea are both invalid under international law.

The Diplomat website posted the decision here in a 500-page pdf.

UPDATE: Of course, the Permanent Court of Arbitration has no navy to enforce its ruling. For that matter, neither has the Philippines to any real extent.

UPDATE2: Excellent analysis by CSIS here. Enforcement to be "moral suasion?"

UPDATE3: Last part of the decision. "COnvention" refers to the U.N. Convention on the Law of the Sea (UNCLOS):

In relation to the merits of the Parties’ disputes, the Tribunal:

(1) DECLARES that, as between the Philippines and China, the Convention defines
the scope of maritime entitlements in the South China Sea, which may not extend
beyond the limits imposed therein;
(2) DECLARES that, as between the Philippines and China, 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; and further DECLARES that the Convention superseded any historic
rights, or other sovereign rights or jurisdiction, in excess of the limits imposed
therein;
(3) FINDS, with respect to the status of features in the South China Sea:
a. that it has sufficient information concerning tidal conditions in the South
China Sea such that the practical considerations concerning the selection of
the vertical datum and tidal model referenced in paragraphs 401 and 403 of
the Tribunal’s Award on Jurisdiction and Admissibility of 29 October 2015
do not pose an impediment to the identification of the status of features;
b. that Scarborough Shoal, Gaven Reef (North), McKennan Reef, Johnson
Reef, Cuarteron Reef, and Fiery Cross Reef include, or in their natural
condition did include, naturally formed areas of land, surrounded by water,
which are above water at high tide, within the meaning of Article 121(1) of
the Convention;
c. that Subi Reef, Gaven Reef (South), Hughes Reef, Mischief Reef, and
Second Thomas Shoal, are low-tide elevations, within the meaning of
Article 13 of the Convention;
d. that Subi Reef lies within 12 nautical miles of the high-tide feature of Sandy
Cay on the reefs to the west of Thitu;
e. that Gaven Reef (South) lies within 12 nautical miles of the high-tide
features of Gaven Reef (North) and Namyit Island; and
f. that Hughes Reef lies within 12 nautical miles of the high-tide features of
McKennan Reef and Sin Cowe Island;
(4) DECLARES that, 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;
(5) DECLARES that, 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;
(6) DECLARES that 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 Article 121(3) of the Convention and accordingly that 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;
(7) FINDS with respect to the status of other features in the South China Sea:
a. that 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;
b. that none of the high-tide features in the Spratly Islands generate
entitlements to an exclusive economic zone or continental shelf; and
c. that 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; and
DECLARES that Mischief Reef and Second Thomas Shoal are within the
exclusive economic zone and continental shelf of the Philippines;
(8) DECLARES that 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;
(9) DECLARES that 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 Article 56 of the Convention with respect to the Philippines’ sovereign rights over the living
resources of its exclusive economic zone;
(10) FINDS, with respect to fishing by Chinese vessels at Mischief Reef and Second
Thomas Shoal:
a. that, 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. that 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. that therefore China has failed to exhibit due regard for the Philippines’
sovereign rights with respect to fisheries in its exclusive economic zone; and
DECLARES that China has breached its obligations under Article 58(3) of the
Convention;
(11) FINDS that Scarborough Shoal has been a traditional fishing ground for fishermen
of many nationalities and DECLARES that 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;
(12) FINDS, with respect to the protection and preservation of the marine environment
in the South China Sea:
a. that fishermen from Chinese flagged vessels have engaged in the harvesting
of endangered species on a significant scale;
b. that 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. that China was aware of, tolerated, protected, and failed to prevent the aforementioned
harmful activities; and
DECLARES that China has breached its obligations under Articles 192 and 194(5)
of the Convention;
(13) FINDS further, with respect to the protection and preservation of the marine
environment in the South China Sea:
a. that 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. that 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. that China has failed to communicate an assessment of the potential effects
of such activities on the marine environment, within the meaning of
Article 206 of the Convention; and
DECLARES that China has breached its obligations under Articles 123, 192,
194(1), 194(5), 197, and 206 of the Convention;
(14) With respect to China’s construction of artificial islands, installations, and
structures at Mischief Reef:
a. FINDS that China has engaged in the construction of artificial islands,
installations, and structures at Mischief Reef without the authorisation of the
Philippines;
b. RECALLS (i) its finding that Mischief Reef is a low-tide elevation, (ii) its
declaration that low-tide elevations are not capable of appropriation, and
(iii) its declaration that Mischief Reef is within the exclusive economic zone
and continental shelf of the Philippines; and
c. DECLARES that China has breached Articles 60 and 80 of the Convention
with respect to the Philippines’ sovereign rights in its exclusive economic
zone and continental shelf;
(15) FINDS, with respect to the operation of Chinese law enforcement vessels in the
vicinity of Scarborough Shoal:
a. that 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. that China’s operation of its law enforcement vessels on 28 April 2012 and
26 May 2012 violated Rules 2, 6, 7, 8, 15, and 16 of the Convention on the
International Regulations for Preventing Collisions at Sea, 1972; and
DECLARES that China has breached its obligations under Article 94 of the
Convention; and
(16) FINDS that, during the time in which these dispute resolution proceedings were
ongoing, China:
a. has built a large artificial island on Mischief Reef, a low-tide elevation
located in the exclusive economic zone of the Philippines;
b. has caused—through its land reclamation and construction of artificial
islands, installations, and structures—severe, irreparable harm to the coral
reef ecosystem at Mischief Reef, Cuarteron Reef, Fiery Cross Reef, Gaven
Reef (North), Johnson Reef, Hughes Reef, and Subi Reef; and
c. has permanently destroyed—through its land reclamation and construction
of artificial islands, installations, and structures—evidence of the natural
condition of Mischief Reef, Cuarteron Reef, Fiery Cross Reef, Gaven Reef
(North), Johnson Reef, Hughes Reef, and Subi Reef; and
FINDS further that China:
d. has aggravated the Parties’ dispute concerning their respective rights and
entitlements in the area of Mischief Reef;
e. has aggravated the Parties’ dispute concerning the protection and
preservation of the marine environment at Mischief Reef;
f. 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
g. has aggravated the Parties’ dispute concerning the status of maritime
features in the Spratly Islands and their capacity to generate entitlements to
maritime zones; and
DECLARES that China has breached its obligations pursuant to Articles 279, 296,
and 300 of 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.

Spread the Word: China's Stealth Navy - Its "Maritime Militia"

China has two major blue water forces - its navy (PLAN) and its coast guard. It also has a huge merchant fleet. But there is another force it doesn't want you to notice - an asymmetric force trying to fly under the radar. A force as our guest on Midrats, Andrew Ericson, points out that has not been officially recognized by the U.S. government, though it has been engaged in all sorts of adventures - including the disruption of the operations of USNS Impeccable and much more. It is the Chinese "maritime militia" - designed to be a plausibly deniable force multiplier.

There are many issues that arise from the existence of such a militia, some of which Dr. Ericson discusses during our show:




Other issues are discussed in James Kraska's and Michael Monti's The Law of Naval Warfare and China's Maritime Militia (pdf):

The militia is positioned to conduct a “people’s war at sea” in any future conflict. This strategy exploits a seam in the law of naval warfare,
which protects coastal fishing vessels from capture or attack unless they are integrated into the enemy’s naval force. The maritime militia forms an irregular naval force that provides the PLAN with an inexpensive force multiplier,raising operational, legal and political challenges for any opponent.

The sheer size and scope of the vast network of China’s maritime militia complicates the battlespace, degrades any opponent’s decision-making process and exposes adversaries to political dilemmas that will make them more cautious to act against China during a maritime crisis or naval war. The legal implications are no less profound. This article concludes that the maritime
militia risks erasing the longstanding distinction between warships and civilian ships in the law of naval warfare. Although the law of naval warfare permits warships to engage civilian fishing vessels that assist enemy forces, it may be virtually impossible to distinguish between legitimate fishing vessels and those that are integrated into the PLAN as an auxiliary naval force. Regardless
of whether the maritime militia plays a decisive combat role, its presence in the theater of war confronts opponents with vexing legal and operational dilemmas.

Yes, it's legal brief of sorts, but with the Chinese engaging in some serious lawfare, it is a must read to understand the issues confronting our forces.

Saturday Is Old Radio Day: This is Your FBI - "The Big Fix"

Sometimes the "fix" is in. Used to be it got punished. By the FBI.

Lately, it seems, not so much.

On Midrats 10 July 2016 Episode 340: "China's Maritime Militia" with Andrew Erickson

Please join us at 5pm EDT on 10 July 2016 for Midrats Episode 340: China's Maritime Militia with Andrew Erickson

As China continues to slowly use a variety of tools to claim portions of her maritime near-abroad in the South China Sea and elsewhere, part of their effort includes what can almost be considered naval irregular forces - a Maritime Militia.

What is China doing with these assets, why are they being used, and what could we expect going forward as she taps in to a variety of assets to attempt to establish her authority?

Our guest for the full hour to discuss this and more will be Dr. Andrew S. Erickson.

Dr. Erickson is Professor of Strategy at the U.S. Naval War College (NWC)’s China Maritime Studies Institute (CMSI). Since 2008 he has been an Associate in Research at Harvard University’s John King Fairbank Center for Chinese Studies, and is an expert contributor to the Wall Street Journal’s China Real Time Report, for which he has authored or coauthored thirty-seven articles.

He received his Ph.D. and M.A. in international relations and comparative politics from Princeton University and graduated magna cum laude from Amherst College with a B.A. in history and political science. He has studied Mandarin in the Princeton in Beijing program at Beijing Normal University’s College of Chinese Language and Culture; and Japanese language, politics, and economics in the year-long Associated Kyoto Program at Doshisha University. Erickson previously worked for Science Applications International Corporation (SAIC) as a Chinese translator and technical analyst. He gained early experience working briefly at the U.S. Embassy in Beijing, the U.S. Consulate in Hong Kong, the U.S. Senate, and the White House. Proficient in Mandarin Chinese and conversant in Japanese, he has traveled extensively in Asia and has lived in China, Japan, and Korea.

Join us live if you can or pick the show up later by clicking here. You can also pick the show up later by visiting our iTunes page or at our Stitcher page.

Friday Fun Film: "Star Identification" (1942) and Cartoons on Celestial Navigation

Some people like to nap in front of golf tournaments on television . . . here are some other options:



Old school celestial navigation and choosing which stars to shoot in the short windows of time you have at sea is much more fast paced than this movie.

And, of course, cartoons are much better training tool:

Good Lawyering By One Lawyer in the Room

Usually the argument to the jury goes along the line of "if it looks like a duck, walks like a duck, quacks like a duck, the only reasonable conclusion is that it is a . . . duck"

Mr. Gowdy does a nice job setting the ducks up in a row.

Feel free to disagree, but this mess stinks to high heaven and it's not going to go down quietly.

UPDATE: Rep. Hurd from Texas hits hard with concerns that any one of us who knows anything about breaches of security have:

In Memoriam

My great and good friend Captain Virgil F. Gant was killed in an accident last week.

Today we buried him.

A man of great good humor who faced life with pluck and a stout heart.

His passing brings to mind the Robert Burns poem:

AN HONEST man here lies at rest
As e’er God with his image blest;
The friend of man, the friend of truth,
The friend of age, and guide of youth:
Few hearts like his, with virtue warm’d,
Few heads with knowledge so informed:
If there’s another world, he lives in bliss;
If there is none, he made the best of this.

Peace, old friend.

U.S. Navy Office of Naval Intelligence Worldwide Threat to Shipping (WTS) Report 31 May - 29 June 2016

U.S. Navy Office of Naval Intelligence Worldwide Threat to Shipping (WTS) Report 31 May - 29 June 2016 by lawofsea

"The Signing of the Declaration of Independence" - Old Radio and Paul Harvey

Celebrate and honor - but remember that freedom has a price.

". . . our Lives, our Fortunes and our sacred Honor"

Saturday Is Old Radio Day: You Were There - "Signing of the Declaration of Independence"

Friday Fun Films: WWII Private McGillicuddy Training Cartoons "Native Food and "Drinking Water"