ABSTRACT
Messaging is often a delicate balance between perception, poise and purpose. China’s ‘Belt and Road Initiative’ (BRI), for example, has significant maritime implications and ramifications, but ambiguities as to its purpose, mixed messages as to asset poise, and the perception of ulterior motives continue to hamper its take-up rate. This chapter briefly outlines and assesses the ambiguities that attend the use by China of maritime militias to send messages at sea. It commences with a brief examination of the possible legal nature(s) of the Chinese maritime militia. This is followed by an assessment of the possible status of maritime militia vessels under LOSC, and then an examination of the potential for attribution of maritime militia conduct in accordance with the Articles on State Responsibility. The chapter concludes with a recommendation in relation to facilitating more robust legal and diplomatic responses to the status and conduct characterisation ambiguities that attend use of a maritime militia for 'messaging' at sea.
