PacNet #52 – The Growing Crisis of Illegal, Unreported, and Unregulated Fishing

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A recent conference, in which Pacific Forum joined the Navy League’s Indo-Pacific Maritime Security Exchange (IMSE), the East-West Center, and the Daniel K. Inouye Asia Pacific Center for Security Studies, focused on the problems of IUU fishing and potential solutions to counter its recent dramatic growth. The author was one of the organizers of the conference, whose proceedings and session videos can be found at https://imsehawaii.org.

Illegal, unreported, and unregulated (IUU) fishing has become a major problem worldwide and particularly in the Pacific. According to the US Coast Guard, “IUU fishing has replaced piracy as the leading global maritime security threat. If IUU fishing continues unchecked, we can expect deterioration of fragile coastal States and increased tension among foreign-fishing Nations, threatening geo-political stability around the world.”

The National Oceanic and Atmospheric Administration states that approximately 60% of fish caught worldwide come from the Pacific Ocean. Over half are species that are unsustainable if fishing at current rates and methods continue. As fishing fleets have grown they have outstripped the ocean’s abilities to replenish stocks. The Peoples Republic of China (PRC) is estimated to catch approximately 35% of fish, according to NOAA statistics. Dr. Carlyle Thayer of the University of New South Wales stated in his address to the Indo-Pacific Maritime Security Exchange’s recent conference on the subject that the PRC is also the no. 1 nation for IUU fishing. Others have been complicit in IUU fishing, including Taiwan and Vietnam. Vietnam, after receiving a warning from the European Union that its fish exports would be barred from its market formulated a high-level task force to work against such practices. Taiwan for diplomatic reasons has done the same. But IUU fishing tends to be a low-risk/high-value activity as penalties for IUU fishers consist mostly of modest fines.

There are many aspects to the problem.

  • Illegal fishing is conducted in waters under the jurisdiction of a state but without the permission of that state.
  • Unreported fishing involves a catch that has not been reported, as required.
  • Unregulated fishing occurs where there are no management measures and is conducted in a manner inconsistent with treaty responsibilities.

Besides over-harvesting of species, IUU fishing takes money from legal fishers and out of local economies. Fisheries are the primary source of income for many Pacific and Oceanic states. It is projected by the Nature Conservancy that many Pacific Island nations will not be able to meet their local food needs in a few years given their population growth and continued IUU fishing. The Nature Conservancy also estimates that over 95% of IUU fishing activities by the Pacific Tuna Fleet involve legally licensed boats that misreport their catch, not by so-called unregistered “dark boats.”

IUU fishing also destroys habitat. Bottom trawling damages corals and sea grasses. The losses of sea grasses are important regarding CO2 and climate change. It is estimated the loss of grasses has a greater effect than the CO2 emissions from Germany or the international aviation industry.

Other crimes are associated with IUU fishing, including forgery of records and fraud, corruption, false vessel identity and flagging, licensing avoidance and deception, human rights abuses (e.g., forced labor, human trafficking, and child labor), illegal transshipments of catch and fuel, smuggling of drugs and protected species, black marketeering and money laundering, and the evasion of penalties.

Finding potential solutions to counter IUU fishing was the principal focus of the Indo-Pacific Maritime Security Exchange conference in early September.

Heretofore surveillance of territorial waters and Exclusive Economic Zones relied on a nation’s patrol ships and aircraft and active transmissions, such as from the Advanced Identification System (AIS) and vessel monitoring system (VMS), mandated by nations to monitor ships in their areas of responsibility. But IUU fishers often turn off these transmitters—and increasingly spoof their signals—to hide illegal activities.

Sea-based aerial drones are proving to be a valuable adjunct to ships and aircraft for covert surveillance, according to the US Coast Guard, which employs the ScanEagle drone from its newer cutters. Satellite electro-optical imagery has been available commercially for years, but is limited by field of view, resolution, and weather. When cued by other sources, however, it can help identify suspicious vessels.

Newer forms of imagery include the Visible and Infrared Imaging Radiometer Suite, from NOAA’s Joint Polar-orbiting Satellite System, which detects the bright nighttime lights used by many purse seiner and ring net fishing boats to attract squid and other species. Another is synthetic aperture radar (SAR). It allows surveillance in all-weather conditions as it penetrates clouds and darkness. Many nations have orbited SAR satellites, and commercial companies have recently entered the marketplace for SAR imagery.

The collection of radio frequency emissions by commercial satellites is a new capability. Several US and European firms have entered this market and can pick up navigation radar and other radio emissions from boats at sea even if the boats turn off their required AIS or VMS broadcasts.

In development are unmanned vessels that tow underwater hydrophones that can detect, classify, and report via satellite vessels by type and activity through analysis of sonograms.

While there are many sensor sources, they can produce an overwhelming amount of data and any one source is rarely sufficient to determine many kinds of IUU fishing. The integration of data from disparate sources and the analysis of those data is therefore critical. The data glut is a challenge requiring various advanced analytical techniques, including artificial intelligence and machine learning.

Several organizations analyze data related to IUU fishing. Best known is Global Fishing Watch, a nongovernmental organization that tracks in near-real time fishing around the globe. Australia’s Commission for the Conservation of Antarctic Marine Living Resources is the responsible overseer of fishing in the broad Southern Ocean surrounding the Antarctic continent. The Pacific Islands Fishing Forum Agency, the International Maritime Control and Surveillance network, and several universities and commercial firms are also involved in aspects of analyzing IUU fishing to provide scientific insight, risk management judgments to companies, or assist in investigations of organizations and individuals behind such illegal activities.

IUU fishing knows no national boundaries. It is a growing global problem. No one nation is capable of enforcing fishing laws and regulations. Countering IUU fishing will require multi-state collaboration, information sharing, and multilateral agreements between regional fishing management organizations, of which there are a plethora. To date, however, information sharing has not always gone well.

There are approaches to IUU fishing beyond law enforcement that organizations are pursuing. These include eliminating national subsidies for fishing. The PRC’s subsidies, the most generous of any nation by far, estimated at approximately $7.2 billion in 2018, make otherwise unprofitable fishing profitable, according to Prof. Tabitha Mallory of the China Ocean Institute and the University of Washington. Certification of catches assures buyers of fish that they were caught legally. Publicity about IUU fishing and the deceptive practices associated with it is seen as an important step in depressing market attractiveness of illegally caught fish. Finally, the promotion of aquaculture—farm-raised fish, in which the PRC is deeply invested, is seen as a potential solution for future food needs.

Peter Oleson ([email protected]) is a former senior defense official and professor.

PacNet commentaries and responses represent the views of the respective authors. Alternative viewpoints are always welcomed and encouraged. Click here to request a PacNet subscription.

PacNet #40 – Comparative Connections Summary: September 2021

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COMPARATIVE CONNECTIONS SUMMARY- SEPTEMBER 2021 ISSUE

 

REGIONAL OVERVIEW
EUROPE “DISCOVERS” ASIA AND WASHINGTON “DISCOVERS” SEA, AMID AFGHAN ANXIETY
BY RALPH COSSA, PACIFIC FORUM & BRAD GLOSSERMAN, TAMA UNIVERSITY CRS/PACIFIC FORUM
Joe Biden pledged that the US would resume its traditional role as leader of US alliances, supporter of multilateralism, and champion of international law and institutions. Throughout its first nine months, his administration has labored to turn those words into reality, and for the first six months the focus was on Asia, at least Northeast Asia. During this reporting period, Biden himself worked on multilateral initiatives and while the primary venues were Atlanticist–the G7 summit, NATO, and the European Union–Asia figured prominently in those discussions. Chinese behavior loomed large in European discussions as NATO allies conducted ship visits and military exercises in the region to underscore these concerns. Meanwhile, a number of senior US foreign policy and security officials visited Asia, and Southeast Asia in particular, amidst complaints of neglect from Washington. Concerns about Chinese pressure against Taiwan also grew in the region and beyond. The impact of the US withdrawal from Afghanistan, messy at it appeared to be, has thus far not resulted in a crisis of confidence regarding US commitment to the region.

US-JAPAN RELATIONS
SUMMER TAKES AN UNEXPECTED TURN
BY SHEILA A. SMITH, COUNCIL ON FOREIGN RELATIONS & CHARLES MCCLEAN, UNIVERSITY OF MICHIGAN
By the end of spring, the US-Japan relationship was centerstage in the Biden administration’s Indo-Pacific diplomacy. From the first Quad (virtual) Summit to the visit of Prime Minister Suga Yoshihide to Washington, DC, relations between Tokyo and Washington could not have been better. A full calendar of follow-up meetings for the fall suggested even further deepening of the partnership. And on Aug. 20, President Joe Biden announced that he intended to nominate Rahm Emanuel, former mayor of Chicago and chief of staff for President Obama, as ambassador to Japan. Throughout the summer, the US and Japan continued to deepen and expand the global coalition for Indo-Pacific cooperation. The UK, France, and even Germany crafted their own Indo-Pacific visions, as did the EU. Maritime cooperation grew as more navies joined in regional exercises. Taiwan featured prominently in US-Japan diplomacy, and in May the G7 echoed US-Japan concerns about rising tensions across the Taiwan Straits. Japanese political leaders also spoke out on the need for Japan to be ready to support the US in case tensions rose to the level of military conflict.

US-CHINA RELATIONS
THE DESCENT CONTINUES
BY BONNIE GLASER, GERMAN MARSHALL FUND OF THE US
The downward slide in US-China relations continued as the two countries wrangled over Hong Kong, COVID-19, Taiwan, the South China Sea, Xinjiang, and cyberattacks. US Deputy Secretary of State Wendy Sherman and Chinese officials met in Tianjin but appeared to make no progress toward managing intensifying competition between the two countries. The US rolled out a series of measures against alleged Chinese forced labor practices and strengthened the prohibition against US investments in the PRC’s military industrial complex. Deteriorating freedoms in Hong Kong prompted the Biden administration to impose more sanctions on Chinese officials and issue a business advisory warning US companies of growing risks to their activities in Hong Kong.

US-KOREA RELATIONS
STIR NOT MURKY WATERS
BY MASON RICHEY, HANKUK UNIVERSITY & ROB YORK, PACIFIC FORUM
US relations with both South and North Korea were—with a few notable exceptions—uneventful during the May-August 2021 reporting period. If US-Korea relations displayed some excitement, it was largely along the Washington-Seoul axis. An inaugural leader summit between Presidents Joe Biden and Moon Jae-in took place in Washington, producing significant deliverables for the short, medium, and long term. Biden and Moon then participated in the June G7 summit in Great Britain. The US withdrawal from Afghanistan in August also provided South Korea with challenges and ponderables. Washington-Pyongyang communication was subdued, aside from standard North Korean criticism of US-South Korea joint military exercises. Even when the US and North Korea addressed each other with respect to dialogue, it was usually to underline for the other party how Washington or Pyongyang is willing to talk under the right circumstances, but capable of waiting out the other side. Late August added some spice, however, as the IAEA issued a credible report confirming what many had expected: North Korea has likely re-started fissile material production at the Yongbyon complex. Finally, outside the reporting period, Pyongyang tested a potentially nuclear-capable land-attack cruise missile on Sept. 11. Are these signs that sleeping dogs are stirring?

US-SOUTHEAST ASIA RELATIONS
WASHINGTON FINDS ITS FEET IN SOUTHEAST ASIA
BY CATHARIN DALPINO, GEORGETOWN UNIVERSITY
In the months immediately following Joe Biden’s inauguration, Southeast Asia was on the backburner in US foreign policy, but in May the administration heeded calls for a stronger voice and more active role in the region with a succession of visits by high-level officials, culminating in Kamala Harris’s first trip to the region in her role as vice president. The cumulative impact remains to be seen, but one key “deliverable”—the renewal of the US–Philippines Visiting Forces Agreement (VFA) during Secretary of Defense Lloyd Austin’s visit to Manila—was enough to label the summer strategy a success. More broadly, the administration responded to the surge of the COVID Delta variant in Southeast Asia with donations of vaccines, making considerable strides in the “vaccine race” with China and Russia.

CHINA-SOUTHEAST ASIA RELATIONS
PUSHING REGIONAL ADVANTAGES AMID HEIGHTENED US RIVALRY
BY ROBERT SUTTER, GEORGE WASHINGTON UNIVERSITY & CHIN-HAO HUANG, YALE-NUS COLLEGE
China’s recognition of the strategic challenge posed by close Biden administration relations with the Quadrilateral Security Dialogue (Quad) powers Australia, India, and Japan reinforced Beijing’s strong efforts to preserve and expand its advantageous position in Southeast Asia in the face of rising competition with the United States. Beijing used uniformly critical coverage of US withdrawal from Afghanistan to highlight US unreliability, and attempted to discredit Vice President Kamala Harris’ Aug. 22-26 visit to the region, the highpoint of Biden government engagement with Southeast Asia. It also widely publicized evidence of China’s influence in the competition with the United States in Southeast Asia, even among governments long wary of China, like Vietnam. That effort underlined the lengths Vietnam would go to avoid offending China in reporting that Hanoi allowed the Chinese ambassador to publicly meet the Vietnamese prime minister and donate vaccines, upstaging Vice President Harris, who hours later began her visit and offered vaccines.

CHINA-TAIWAN RELATIONS
CROSS-STRAIT TENSION INCREASING BENEATH A SURFACE CALM
BY DAVID KEEGAN, JOHNS HOPKINS SCHOOL OF ADVANCED INTERNATIONAL STUDIES & KYLE CHURCHMAN, JOHNS HOPKINS UNIVERSITY
Cross-Strait tensions intensified between May and August 2021, despite the superficial calm that generally prevailed after the dramatic confrontations earlier in the year. China again blocked Taiwan’s participation at the World Health Assembly (WHA), and Xi Jinping reaffirmed the Communist Party’s commitment to the peaceful reunification of Taiwan at the Party’s 100th anniversary. Chinese military flights into Taiwan’s Air Defense Identification Zone were almost routine until China launched 28 sorties in a single day to protest the G7 summit’s endorsement of Taiwan’s participation in the WHA. The Biden administration announced its first arms sales to Taiwan. Several countries, most notably Japan and Australia, made their strongest statements ever in support of Taiwan. Lithuania announced it would permit the opening of an unofficial “Taiwanese” representative office. Beijing withdrew its ambassador from Lithuania and told Lithuania to withdraw its ambassador from Beijing. The US dismissed fears that its withdrawal from Afghanistan might portend abandonment of Taiwan. In coming months, Taiwan faces three potential turning points: Taiwan’s opposition Nationalist Party will elect a new chair; a referendum could overturn the opening of Taiwan’s market to US pork; and the US has signaled it will invite Taiwan to President Biden’s democracy summit despite threats of military retaliation by China.

NORTH KOREA-SOUTH KOREA RELATIONS
SUMMER FALSE DAWN: ON/OFF COMMUNICATIONS
BY AIDAN FOSTER-CARTER, LEEDS UNIVERSITY, UK
Summer 2021 saw a false dawn on the Korean Peninsula, hardly the first, but surely one of the shortest. On July 27 both North and South announced the reconnection of inter-Korean hotlines, severed for over a year. In Seoul, hopes were high—aren’t they always?—that this signalled a fresh willingness by Pyongyang to engage, not only with South Korea but also the US. Yet this “breakthrough” lasted barely a fortnight. When the US and ROK began their regular August military exercises—albeit scaled back and wholly computer-based—North Korea snarled and stopped answering the phone. Inter-Korean relations remain frozen, as they have been ever since early 2019. With Moon Jae-in’s presidency due to end next May, any real melting of the ice looks increasingly like a challenge for his successor.

CHINA-KOREA RELATIONS
ALLIANCE RESTORATION AND SUMMIT COMMEMORATIONS
SCOTT SNYDER, COUNCIL ON FOREIGN RELATIONS & SEE-WON BYUN, SAN FRANCISCO STATE UNIVERSITY
South Korea President Moon Jae-in’s meeting with Joe Biden and his participation in the G7 summit during May and June focused attention on Seoul’s strategy of balancing relations with China and the United States. While Beijing disapproved of the US-ROK joint statement released after the May summit, Chinese state media praised the Moon administration’s relative restraint in joining US-led coalition building against China. Official remarks on core political and security issues, however, raised mutual accusations of interference in internal affairs. US-China competition and South Korean domestic political debates amplify Seoul’s dilemma regarding its strategic alignment ahead of the country’s 2022 presidential elections.

JAPAN-CHINA RELATIONS
A CHILLY SUMMER
BY JUNE TEUFEL DREYER, UNIVERSITY OF MIAMI
China and Japan continued to vie over a wide variety of issues including economic competitiveness, jurisdiction over territorial waters, World War II responsibilities, representation in international organizations, and even Olympic and Paralympic medals. The Japanese government expressed concern with the increasingly obvious presence of Chinese ships and planes in and around areas under its jurisdiction, with Chinese sources accusing Japan of a Cold War mentality. Nothing was heard of Xi Jinping’s long-planned and often postponed official visit to Tokyo. Also, Chinese admonitions that Japan recognize that its best interests lay not with a declining United States but in joining forces with a rising China were conspicuous by their absence.

JAPAN-KOREA RELATIONS
UNREALIZED OLYMPIC DIPLOMACY
JI-YOUNG LEE, AMERICAN UNIVERSITY
In the summer months of 2021, the big question for many observers was whether Prime Minister Suga Yoshihide and President Moon Jae-in would hold their first summit meeting during the Tokyo Olympic Games. Cautious hope was in the air, especially on the South Korean side. However, by the time the Olympics opened in late July, any such hope was dashed amid a series of unhelpful spats. Seoul and Tokyo decided that they would not gain much—at least not what they wanted from the other—by holding a summit this summer. With Suga’s announcement of his resignation as head of the Liberal Democratic Party (LDP) at the end of September, barring any sudden turn of events, his tenure as Japanese prime minister will be recorded as one that did not have a summit with a South Korean president.

CHINA-RUSSIA RELATIONS
AFGHAN ENDGAME AND GUNS OF AUGUST
BY YU BIN, WITTENBERG UNIVERSITY
The summer of 2021 may be the best and worst time for Russia-China relations. There was much to celebrate as the two powers moved into the third decade of stable and friendly relations, symbolized by the 20th anniversary of both the Shanghai Cooperation Organization (SCO) and the “friendship treaty” (The Treaty of Good-Neighborliness and Friendly Cooperation Between the People’s Republic of China and the Russian Federation). This historical moment, however, paralleled a hasty and chaotic end to the 20-year US interlude in Afghanistan with at least two unpleasant consequences for Beijing and Moscow: a war-torn Afghanistan in their backyard with an uncertain future and worse, a United States now ready to exclusively focus on the two large Eurasian powers 30 years after the end of the Cold War. As the Afghan endgame rapidly unfolded in August, both sides were conducting large exercises across and around Eurasia. While Afgthanistan may not again serve as the “graveyard of empires” in the 21st century, but then end of the US engagement there, however, will usher in an era of competition, if not clashes, between rival empires.

AUSTRALIA-US/EAST ASIA RELATIONS
COVID AND CHINA CHILL, ALLIANCE ANNIVERSARY AND AFGHANISTAN
BY GRAEME DOBELL, AUSTRALIAN STRATEGIC POLICY INSTITUTE
Australia closed its borders to confront COVID-19 and rode out recession, while China shut off key markets to punish Australia. The short recession caused by pandemic ended Australia’s record run of nearly three decades of continuous economic growth; Beijing’s coercion crunched the optimism of three decades of economic enmeshment. However, Australia’s economy rebounded while the China crunch continues, causing Australia to question its status as the most China-dependent economy in the developed world. The Canberra–Beijing iciness has built over five years, marking the lowest period since the establishment of diplomatic relations in 1972. In 2021, the language of “strategic partnership” died and the “strategic economic dialogue” was suspended by China. The Biden administration promised not to abandon Australia, saying that US–China relations would not improve while an ally faced coercion. Australia embraced Washington’s assurance, along with the elevation of the Quad with the US, Japan, and India.

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PacNet #37 – Southeast Asia’s Maritime Security Should be a US-Japan Alliance Agenda

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This article is draws its core argument from the author’s more thoroughly documented contribution to “Maritime Governance Capacity Building: A U.S.-Japan Alliance Agenda for Rule of Law in the Indo-Pacific,” in Advancing a Rules-based Maritime Order in the Indo-Pacific, edited by John Bradford and Jeffrey Ordaniel.

Rule of law is essential to ensuring the prosperity of Southeast Asia, a region rich in maritime resources, home to essential marine ecosystems, and the location of the world’s busiest sea lanes.

Unfortunately, state and non-state actors in this region exploit weak governance to undermine the security and well-being of those who make legal use of the sea. State-level contests over sovereignty and administrative control of key waters dominate maritime security policy discourse, while activities such as illegal, unreported, and unregulated (IUU) fishing; smuggling; terrorism; plus piracy and sea robbery pose direct challenges to coastal communities’ immediate sustenance and safety. Rising interstate tension, rapidly depleting fish stocks, and an increasing rate of natural disasters are all troubling trends likely to drive any of these problems into crises with global implications. All of these threats thrive in the waters under the jurisdiction of states with limited capacity for maritime governance.

To address these challenges and preserve their own maritime interests, the United States and Japan, wealthy nations already bound by an alliance, should prioritize regional maritime governance capacity-building as an area of joint work. Cooperative capacity-building projects should take center stage to address the full range of Southeast Asian maritime challenges. This strategy should maintain focus on military competition, while significantly expanding activities to enable the maritime governance challenges prioritized by the coastal states.

While various states have been accused of undermining good order at sea through actions that are non-compliant with the rule of law, China remains the most frequent and most aggressive culprit in the Indo-Pacific. However, when the People’s Republic of China is faced with strength, it can be deterred from direct action. In these cases, China has demonstrated a track record of resorting to “gray-zone” strategies that use incremental steps to advance the Chinese agenda, while keeping each step small enough to remain below the threshold that would trigger an armed response or other crisis. Because these steps exploit weak governance and disregard the rule of law, the sort of capacity coastal states employ in response to non-state criminal threats, also enables stronger responses to Chinese behavior. To this end, any maritime governance capability is valuable. Capabilities best suited for one governance activity can also be applied in others or free up resources that are used inefficiently. Because maritime domain awareness capabilities are often highly fungible and enable smart decisions, they are extremely valuable.

Japan and the United States are already large-scale investors in Southeast Asia maritime capacity-building, but they could achieve more through cooperation. While the allocation of additional resources would be welcome, fiscal constraints suggest that there is more to gain from improving the efficiency of the resources already budgeted. By sharing information, coordinating activities, leveraging each other’s comparative strengths, and establishing joint projects, the US-Japan partnership can gain greater efficiencies. US-Japan alliance conversations about cooperative capacity building in the region are not new, but achievements are limited thus far.

Part of the problem is a lack of sustained alliance leadership focus. Once an agenda item identified as a bilateral priority by US President Barack Obama and Japanese Prime Minister Abe Shinzo, cooperative maritime security capacity building disappeared from senior alliance leaders’ statements mid-way through the Donald Trump administration, and has not yet reappeared. While diplomats and action officers continue to advance this line of effort, without a clear top-down push, institutional urgency is lost and achievements piecemeal. Those individuals pushing ahead most vigorously can be inhibited by mid-level leaders focused on other priorities, stove-piped bureaucracy, and a lack of cross-levelled information from within their own governments.

A US-Japan alliance agenda that supports regional maritime governance capacity-building should include specific elements to maximize its effectiveness.

First, priority should be given to projects focused on coordinating maritime infrastructure, environmental protection, resource management, domain awareness, and law enforcement. The allies should share information about their defense capacity-building projects and, as they are doing currently, coordinate them on a case-by-case basis. To avoid endangering Japan’s current status as a viable “third option” for coastal states seeking to strengthen external security partnerships without being drawn into the US-China competition, military capacity should be held at the edges of this alliance-based maritime capacity-building agenda.

Second, a senior coordination committee should be established to overcome interagency dysfunction, set the prioritization needed to find resources, and sustain implementation-level energy in large bureaucracies. It should be a regional committee chaired by the US National Security Council Indo-Pacific Coordinator and a counterpart from the National Security Secretariat.

Third, working-level coordination should be centered in the coastal states’ capitals. When coordination takes place in Washington or Tokyo, it lacks the immediate and sustained interface with the coastal states’ leadership that is needed to understand their priorities and secure buy-in.

Fourth, only once these elements are up-and-running should additional nations and organizations be brought into the partnership. While it will be tempting to bring additional partners into the process, doing so too early will water down discussions, create distractions, and push policy actions toward the lowest common denominator. Similar focused capacity-building effort would also make sense in South Asia and the Pacific, but those should include coordination with India and Australia, respectively.

John Bradford ([email protected]) is a Senior Fellow in the Maritime Security Programme at the S. Rajaratnam School of International Studies, Nanyang Technological University. He is also the Executive Director of the Yokosuka Council on Asia-Pacific Studies and spent more than twenty years at a U.S. Navy officer focused on the Indo-Pacific. Twitter: @MarSec_Bradford.

PacNet commentaries and responses represent the views of the respective authors. Alternative viewpoints are always welcomed and encouraged. Click here to request a PacNet subscription.

PacNet #36 – 10 Things Every Sailor and Marine Should Know Before Deploying to Southeast Asia: A Regional Primer

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An earlier version of this article was published on the US Naval Institute Blog.

With a little bit of advance preparation and intellectual investment, a deployment to Southeast Asia can be a life-changing professional experience for sailors and marines. Here are 10 points, based on several decades of personal experience in Asia, that can help any service member arrive ready to accomplish the mission, represent their service well, and enjoy themselves while doing it.

1. Southeast Asia matters. It is not just a battlefield. 

Those focused on geopolitical dynamics may regard Southeast Asia as strategic territory where the United States must win hearts and minds now and be prepared to sink ships in a future conflict. However, the region’s nations also have unique, vibrant cultures, and strong identities. Southeast Asian states are home to more than 655 million people. Their economies weigh in with a GDP of more than $3 trillion. Ensuring strong bilateral relationships is essential to the well-being of the United States. That is why most of our regional exercises are not about fighting an enemy state but strengthening bilateral relationships.

Prevailing in the strategic competition with China is critical to US security and many Southeast Asians will be ready to discuss shared concerns, but US friendship should primarily be about the bilateral partners’ diverse concerns. We won’t expand the trust and confidence we need by treating Southeast Asian partners like cartological chokepoints or the spoils of a prize fight.

2. Southeast Asia is neither with us nor against us. It is for itself.

Southeast Asians want to benefit from their relationships with the United States and with China but there is little confidence either power would look out for Southeast Asian interests. China is ASEAN’s largest trade partner, and ASEAN became China’s largest trade partner in 2020. To avoid falling into Chinese orbit, Southeast Asians are generally glad for the counterbalance delivered by the US military. Balancing these competing relationships is akin to charting a course between two reefs. To cleave too closely to the United States exposes them to the risks of abandonment and the ire of China.

3. Southeast Asia is incredibly diverse.

Indonesia is the world’s fourth-most populous country, largest Muslim-majority nation, and 10th-largest economy. It shares an island with Timor Leste, a predominantly Catholic nation with fewer people than Trinidad and Tobago. The per capita income in the city-state of Singapore is more than $100,000 a year, one and a half times that of the United States. Twenty-six million Indonesians earn less than one dollar a day.

To represent the US Navy well in Southeast Asia, get to know the various countries you visit.

4. Southeast Asian Sailors have plenty to teach you about gray zone operations.

Southeast Asian navies matter. So do their coast guards. In some cases, their ships are older. Some are decommissioned US vessels. Not even the most technologically advanced states possess the combat equivalent of a 96-cell US destroyer. Sensitive communications are often carried by unclassified apps such as WhatsApp, Facebook, or Line. This does not mean they are incapable. These maritime forces are engaged, day-in and day-out, in securing their nations’ sovereignty. Dangerous, close encounters with Chinese forces are common. They also regularly face off with neighbors in disputes over maritime boundaries and resources.

You will quickly notice that your Southeast Asian partners will approach problems in ways foreign to you. Pay attention; listen up; absorb the good. Do not lecture.

5. Nontraditional threats are a top regional priority.

In Southeast Asia, coast guards have become more popular in recent years but still commonly share constabulary duties with navies. Naval services across the region regularly face threats of terrorism and insurgency, as well as human and narco-trafficking. Environmental crimes and illegal, unreported, and unregulated fishing cost billions and imperil livelihoods. These threats to coastal communities demand national security prioritization.

Learn how your fellow sailors in Southeast Asia deal with these issues.

6. History matters.

When the United States arrived in Southeast Asia as the newest colonial power, our counterinsurgency operations were nothing to recall with pride. The US-Philippines Mutual Defense Treaty is now an important pillar of regional security, but the United States only recently returned war trophies seized from Balangiga in 1901. During the Cold War, the United States was associated with violent coups that resulted in tens of thousands of deaths in several nations. Senior Vietnamese leaders have personal memories of the war against the United States. Washington dropped more explosives on Cambodia and Laos than the Allies dropped globally in World War II. Despite this, Vietnam welcomed two US Navy aircraft carriers.

Our past should engender a spirit of understanding and humility from US sailors in Southeast Asia.

7. ASEAN is central and not an “underdeveloped EU.”

The European Union is about governments relaxing sovereign control to pool resources, prevent state-to-state conflict, and facilitate flows of capital and people. Put over-simply, ASEAN is aimed at enabling governments’ efforts to strengthen their own states. ASEAN is built on principles of consensus and non-interference. You may hear the term “ASEAN Centrality”—it is a concept that reinforces ASEAN’s credibility and legitimacy, respecting its role as the driving force behind the region’s collective agenda.

Do not fall for the trap that ASEAN is destined to “mature into” something that exists elsewhere.

8. Southeast Asia does not want an Asian NATO, nor an Asian Combined Maritime Force.

NATO functions on the basis of shared threat perceptions and common interests. Its Cold War counterpart, the Southeast Asia Treaty Organization, fell apart shortly after the Vietnam War. Southeast Asian states are concerned about China’s behavior, tilting the alignment of some of those states toward the United States, but fears of entrapment and abandonment dictate that no Southeast Asian state is ready to tie itself into a collective defense pact.

Other officers envision opportunities to create a Combined Maritime Force. Attempts to sell the idea in Southeast Asia have fallen flat. If geared toward China, they are non-starters. Efforts geared toward the nontraditional threats at the top of regional states’ maritime priorities gain some traction. However, most of the nontraditional threats operate within domestic waters, so beyond information-sharing and coordination, there is little desire to invite in foreign security operations.

9. Corruption is rampant—do not let it trap you.

According to Transparency International, in ASEAN only Singapore and Malaysia rank among the world’s 80 least corrupt states. Things that might be illegal or unethical in the United States are often the way the system is designed in Southeast Asia.

Understand the relevant regulations and internalize your ethics training. If your command is not giving you training, ask for it before deploying. See the bevy of high-profile cases associated with the Fat Leonard scandal: Some of those Americans were filthy traitors. Others made much smaller mistakes; these individuals are free, but the ethics violations put their careers on ice.

10. Enjoy your liberty.

Done right, a deployment to Southeast Asia will be an experience that will stay with you. These ports offer world-class opportunities for sightseeing, shopping, and the relaxation needed for superior performance at sea.

A typical port visit is four days. Given the limited time and all the opportunities, mission success requires a plan. Planning requires information. Do as much as you can before you deploy. Shelling out a couple of bucks for a guidebook to read underway can save hours. Even if your deployment schedule is not fixed, taking along a library can be a great investment for your liberty crew. The sailor-centric non-profit YCAPS has a great list of suggestions.

A deployment to Southeast Asia is an opportunity to have a unique experience. To represent the US Navy well in Southeast Asia, get to know the countries you have the opportunity to visit. We hope these 10 suggestions will help you do just that.

John Bradford ([email protected]) is a senior fellow in the maritime security program at the S. Rajaratnam School of International Studies (RSIS) at Nanyang Technological University in Singapore. Now retired from the US Navy, he spent more than a dozen years as a surface warfare officer in ships forward deployed to the Western Pacific and studied in Indonesia and Singapore as an Olmsted Scholar.  

Blake Herzinger ([email protected]) is a non-resident WSD-Handa Fellow at the Pacific Forum and US Navy Reserve foreign area officer. The views expressed in this article are those of the author alone and do not represent those of his civilian employer, the US Navy, the Department of Defense, or the US government. @BDHerzinger.

PacNet commentaries and responses represent the views of the respective authors. Alternative viewpoints are always welcomed and encouraged. Click here to request a PacNet subscription.

PacNet #34 – Advancing a Rules-Based Maritime Order in the Indo-Pacific

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The following is an excerpt of Chapter 1 of Issues & Insights Vol. 21-SR2, edited for length. Read the full article or download the entire volume here.

Many have called for stronger rule of law in maritime Indo-Pacific over the past decade. From Washington, Tokyo, and Canberra to the capitals of Southeast Asia, leaders and policymakers stress international law, as well as bilateral and multilateral cooperation to address maritime challenges. Year-after-year, ASEAN has repeated the same refrain regarding “the need to pursue peaceful resolution of disputes in accordance with the universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea (UNCLOS).” In April 2021 US President Joe Biden and Japanese Prime Minister Suga Yoshihide also expressed shared opposition to “any unilateral attempts to change the status quo in the East China Sea,” and reiterated “shared interest in a free and open South China Sea governed by international law, in which freedom of navigation and overflight are guaranteed,” consistent with UNCLOS. Yet, a strong rules-based maritime order appears elusive.

Despite apparent regional consensus on the benefits of a rules-based maritime order, why do tensions keep rising and the applicability of international rules and norms to the region’s maritime spaces continue to weaken? Authors of “Advancing a Rules-based Maritime Order in the Indo-Pacific,” an Issues & Insights edited volume, provide three categories of answers: lack of good faith, inherent weaknesses in regional multilateral mechanisms, and the politics surrounding “great-power competition.”

First, some countries continue to insist on maritime claims already declared invalid or without basis under international law by a competent, authoritative international tribunal. There is, therefore, a lack of good faith vis-à-vis adherence to related international legal regimes. In the South China Sea, Beijing insists on its nine-dash line, a claim rejected in July 2016 by an arbitration tribunal constituted in The Hague under Annex VII of UNCLOS. China has also sought to reverse Japan’s administration of the Senkaku Islands, not through peaceful means such as judicial procedures, but coercive maneuvers in the East China Sea.

This lack of good faith and blatant disregard for international law is evident in Beijing’s dispatch of fishing vessels with maritime militia to neighboring states’ exclusive economic zones that fall within the discredited nine-dash line. China has also used its Coast Guard and other government vessels to question the longstanding control and jurisdiction of many Indo-Pacific littoral states over their waters, and to change the status quo. In maritime security parlance, these actions are called gray-zone operations—activities not rising to the level of an armed attack but consequential enough to achieve security or political objectives.

Regional states struggle to respond to these types of activities. For US allies, Washington’s security commitment is triggered by an “armed attack,” not gray-zone challenges. Hence, deterrence through collective defense has been difficult. The Philippines, for instance, lost Mischief Reef in 1995 and Scarborough Shoal in 2012 because of a failure to respond to Beijing’s gray-zone maneuvers. Many in Japan have expressed concerns about China’s intrusions into the waters of the Senkaku Islands as well. For instance, how to respond to Chinese government vessels, which under international law enjoy sovereign immunity, entering the territorial waters of the Senkaku Islands and refusing to leave isn’t obvious. Some actions could very well trigger war. For other regional states, dealing with an increasing Chinese presence in their waters is more difficult owing to factors such as insufficient maritime domain awareness and weak offshore law enforcement capacity.

Second, while ASEAN-led institutions remain important to advancing a rules-based maritime order in the Indo-Pacific, they are not designed to address high-stakes security issues, especially involving the great powers. The “ASEAN Way” of non-interference and consensus in decision-making constrains regional mechanisms’ effectiveness in dealing with maritime disputes. They allow for discussions on some functional cooperative engagements, but do not shape the strategic environment in ways that strengthen the rule of law. For instance, the so-called South China Sea Code of Conduct never materialized despite countless meetings between ASEAN and China since 1995. Moreover, as Kyoko Hatakeyama discusses in her Issues & Insights piece, the Quad has struggled to achieve a united front necessary to prop up maritime rule of law because its four participating countries have different threat perceptions, priorities, and approaches vis-a-vis China.

Finally, the framing of maritime issues as part of the US-China “strategic rivalry” or “competition” has been counterproductive. Many regional states do not want to take part in that competition. More importantly, that framing has led to two narratives that prevent many states from taking stronger positions based on international law: 1) false equivalence that equates legitimate US maritime operations and regional presence as akin to China’s disruptive, illegal, and domineering behavior; and 2) an impression that Washington and Beijing are forcing Southeast Asians to take sides between them—hence strong pushback from regional leaders and decision-makers. As a result, when the United States or its allies and partners insist on adherence to international law, some regional states hear an anti-China push. Instead of “competition with China,” the United States and its allies and partners should focus on advancing a rules-based maritime order in which all countries, big and small, can benefit.

This volume dissects the multifaceted maritime challenges in the Indo-Pacific from multiple perspectives, and explores policy options to advance a more rules-based maritime order. Shuxian Luo surveys six maritime crises between Japan and China over the Senkaku/Diaoyu Islands, and between Japan and the Republic of Korea over Dokdo/Takeshima, arguing that crisis prevention should be a priority.

Ishii Yurika’s paper explains how the unique structure of Japan’s national security law has created challenges by hampering seamless coordination between Japan Coast Guard and Japan Maritime Self-Defense Force, and effective alliance between Japan and the United States. Kanehara Atsuko’s chapter contends that in the maritime security context, the “rule of law” consists of three principles: making and clarifying claims based on international law, not using force or coercion to drive claims, and seeking to settle disputes by peaceful means.

Nguyen Thi Lan Huong highlights the importance of international law vis-à-vis the use of force at sea. She assesses China’s new Coast Guard law and its conformity with international law. Hatakeyama Kyoko focuses on the Quad, arguing that its embrace of two contradictory goals—maintain a rules-based order based on international law and promote a prosperous region without excluding China—makes it difficult to develop a framework for cooperation and set a clear purpose.

Virginia Watson proposes several recommendations, arguing that the “intensification of China’s global efforts to hard-wire geopolitical and security conditions alongside its hefty economic influence” have made the traditional alliance approach of the United States ineffective. Finally, John Bradford argues that the key to addressing the Indo-Pacific’s multifaceted challenges is improved governance capacity among the region’s coastal states and that maritime governance capacity-building, in particular, should be a priority for the US-Japan Alliance.

Jeffrey Ordaniel ([email protected]) is Director for Maritime Security at the Pacific Forum. Concurrently, he is Assistant Professor of International Security Studies at Tokyo International University in Japan.

PacNet commentaries and responses represent the views of the respective authors. Alternative viewpoints are always welcomed and encouraged. Click here to request a PacNet subscription.

PacNet #24 – Comparative Connections Summary: May 2021

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REGIONAL OVERVIEW
CHANGE IN STYLE, CONTINUITY IN ASIA POLICY
BY RALPH COSSA, PACIFIC FORUM & BRAD GLOSSERMAN, TAMA UNIVERSITY CRS/PACIFIC FORUM
Quadrennially, we write to assure readers that there will be more continuity than change as a new foreign policy team takes office. Globally, this would not be the case this year. In its first few months, the Biden administration made 180-degree turns on issues such as climate change, World Health Organization membership, the role of science in the battle against COVID-19, immigration, and the Iran nuclear agreement. In our region, however, there has been more continuity. The Trump administration’s Indo-Pacific strategy focused on the Quad—the informal but increasingly structured grouping of Australia, India, Japan, and the US—and the Biden administration has doubled down on this effort, conducting the first (virtual) Quad summit. It has largely continued the “cooperate when we can but confront when we must” approach toward China. And while Trump appeared to have disdain for US alliances, every national security document from his administration underscored the central role US alliances played in its Asia strategy.

US-JAPAN RELATIONS
SUGA AND BIDEN OFF TO A GOOD START
BY SHEILA A. SMITH, COUNCIL ON FOREIGN RELATIONS & CHARLES MCCLEAN, HARVARD UNIVERSITY
The early months of 2021 offered a full diplomatic agenda for US-Japan relations as a new US administration took office. Joe Biden was sworn in as the 46th president of the United States amid considerable contention. Former President Donald Trump refused to concede defeat, and on Jan. 6, a crowd of his supporters stormed the US Capitol where Congressional representatives were certifying the results of the presidential election. The breach of the US Capitol shocked the nation and the world. Yet after his inauguration on Jan. 20, Biden and his foreign policy team soon got to work on implementing policies that emphasized on US allies and sought to restore US engagement in multilateral coalitions around the globe. The day after the inauguration, National Security Advisor Jake Sullivan reached out to his counterpart in Japan, National Security Secretariat Secretary General Kitamura Shigeru, to assure him of the importance the new administration placed on its allies. The COVID-19 pandemic continued to focus the attention of leaders in the United States and Japan, however.

US-CHINA RELATIONS 
CONTINUITY PREVAILS IN BIDEN’S FIRST 100 DAYS
BY BONNIE GLASER, GERMAN MARSHALL FUND OF THE US & HANNAH PRICE, CSIS
In its final days, the Trump administration took more actions to impose costs on China for its objectionable policies and to tie the hands of the incoming Biden team. The first 100 days of President Biden’s administration revealed substantial continuity in policy toward Beijing, with strategic competition remaining the dominant feature of the US-China relationship. Senior Chinese officials delivered speeches that pinned blame entirely on the US for the deterioration in bilateral ties. A round of combative, yet serious, talks took place between senior US and Chinese officials in Anchorage, Alaska. The US added new sanctions on Beijing for undermining Hong Kong’s autonomy. In coordination with its allies, Washington imposed sanctions on Chinese individuals deemed responsible for carrying out genocide and crimes against humanity in Xinjiang. Steps were taken by the US to demonstrate “rock-solid” support for Taiwan in the face of stepped-up Chinese coercion. Cooperation on climate change was launched with John Kerry’s visit to Shanghai to meet with his counterpart Xie Zhenhua, and Xi Jinping’s participation in the US-led Leaders Summit on Climate.

US-KOREA RELATIONS
HOPE SPRINGS ETERNAL
BY MASON RICHEY, HANKUK UNIVERSITY & ROB YORK, PACIFIC FORUM
In the first four months of 2021—the first three and a half of a Biden administration focused on domestic progress and COVID-19 vaccinations—US relations with the Korean Peninsula assumed familiar contours after four years of an unorthodox Trump administration. The US and South Korea quickly reached a military burden-sharing agreement and pledged cooperation in a variety of areas, although the regular differences of opinion lurk under the surface regarding how closely Seoul should work with both North Korea and Japan. The US-China rivalry remains a shadow over the Asia-Pacific security and political economy situation, complicating South Korea’s regional hedging strategy. Finally, North Korea’s nuclear program advanced apace, US and South Korean attempts to open dialogue were rebuffed, and the Biden team’s North Korea policy review will not endear it to Pyongyang.

US-SOUTHEAST ASIA RELATIONS
ASEAN CONFRONTS DUAL CRISES  
BY CATHARIN DALPINO, GEORGETOWN UNIVERSITY
The Feb. 1 coup in Myanmar dealt a serious blow to the ASEAN diplomatic order and presented the incoming Biden administration with its first major policy challenge in Southeast Asia. More profoundly, the coup set into motion a political and humanitarian crisis that has pushed Myanmar into an economic free fall. The imposition of Western sanctions gave China and Russia an opening to strengthen ties with the Tatmadaw. Myanmar was an extreme example of political turmoil, but the instability surrounding Thailand’s anti-regime and anti-monarchy movement persisted into the new year. In January, Vietnam embarked upon a more orderly political transition through the 13th National Party Congress, resulting in a leadership structure focused on ensuring stability, both external and internal.

CHINA-SOUTHEAST ASIA RELATIONS
BEIJING’S ADVANCES COMPLICATED BY MYANMAR COUP AND US RESOLVE
BY ROBERT SUTTER, GEORGE WASHINGTON UNIVERSITY & CHIN-HAO HUANG, YALE-NUS COLLEGE
Beijing confidently forecast continued advances in high-priority efforts promoting regional economic integration, ASEAN’s prominence as China’s leading trade partner, as well as strengthening supply chain connections disrupted by the pandemic and US trade and economic restrictions. Ever-closer cooperation to counter COVID-19 saw Chinese pledges add to its leading position providing more than 60% of international vaccines to Southeast Asian countries. Nevertheless, the unexpected coup and protracted crisis in Myanmar headed the list of important complications. The incoming Biden administration showed no letup in US-led military challenges to China’s expansionism in the South China Sea, while strong high-level US government support for the Philippines in the face of China’s latest coercive moves supported Manila’s unusually vocal protests against the Chinese actions. Beijing also had difficulty countering Biden’s strong emphasis on close collaboration with allies and partners, seen notably in the first QUAD summit resulting in a major initiative to provide 1 billion doses of COVID vaccines for Southeast Asia and nearby areas. The effectiveness of Chinese vaccines was now questioned by Chinese as well as foreign specialists and Beijing’s domestic demand was growing strongly, slowing donations and sales abroad.

CHINA-TAIWAN RELATIONS
TAIWAN PROSPERS, CHINA RATCHETS UP COERCION, AND US SUPPORT REMAINS “ROCK-SOLID”
BY DAVID KEEGAN, JOHNS HOPKINS SCHOOL OF ADVANCED INTERNATIONAL STUDIES & KYLE CHURCHMAN, JOHNS HOPKINS UNIVERSITY
For the leadership of Taiwan, the significance for Taiwan’s relationships with the US and China of the end of the Trump administration and the arrival of the Biden administration formed the defining concern as 2021 began. Taiwan welcomed two steps that the Trump administration took in its waning days: announcing a visit to Taiwan by the US ambassador to the UN (even though it was later cancelled) and repudiating the longstanding Taiwan Contact Guidelines, which was widely seen in Taiwan as overly restrictive. Taiwan’s anxieties regarding the Biden administration were quickly allayed, as incoming senior officials repeatedly called US support for Taiwan “rock solid” and issued new far less restrictive Guidelines. Taiwan also benefited from unusually direct expressions of support from Japan and other international partners.

NORTH KOREA-SOUTH KOREA RELATIONS
THE SOUND OF ONE HAND GIVING
BY AIDAN FOSTER-CARTER, LEEDS UNIVERSITY, UK
As in 2019-20, inter-Korean ties remained frozen, other than a rare lawsuit. Revelations that in 2018 Moon Jae-in’s government had pondered building the North a nuclear power plant caused a brief furor. Seoul’s propaganda balloon ban backfired, prompting widespread criticism—but no thanks from Pyongyang, which was also unimpressed by scaled-down US-ROK war games. North Korea tested its first ballistic missile in nearly a year, amid concerns of a new arms race; some analysts deemed the South culpable, too. Kim Jong Un’s sister Kim Yo Jong fired four verbal volleys, mostly insults. Another undetected defector highlighted failings in ROK border security. MOU Lee In-young was ubiquitous and loquacious, but scattergun in the causes he championed. Moon’s government remained reticent, or worse, regarding DPRK human rights abuses. With just a year left in office, and notwithstanding rare criticism of the North by ministers, Moon was expected to double down on engagement despite Pyongyang’s lack of reciprocity.

CHINA-KOREA RELATIONS
CHINA-KOREA RELATIONS POISED FOR RECOVERY DESPITE INTENSIFIED CONFLICT ON SOCIAL MEDIA
SCOTT SNYDER, COUNCIL ON FOREIGN RELATIONS & SEE-WON BYUN, SAN FRANCISCO STATE UNIVERSITY
China’s relations with North and South Korea gained momentum in the first four months of 2021. China-North Korea relations were propelled by an exchange of messages between North Korean leader Kim Jong Un and Chinese President Xi Jinping around North Korea’s successful convening of the Worker’s Party of Korea’s (WPK) Eighth Party Congress, the appointment of former North Korean Trade Minister Ri Ryong Nam as North Korea’s new ambassador to China, and another round of messages in March that emphasized the importance of close relations. In a Jan. 21 Cabinet meeting, South Korean President Moon Jae-in pledged to develop relations with China to new heights, and in a Jan. 26 telephone call with Moon, Xi expressed support for Korean denuclearization and joint development of China-South Korea relations. China and South Korea held consultations on maritime enforcement cooperation, defense lines of communication, health security, and free trade negotiations.

JAPAN-CHINA RELATIONS
THE GLOVES COME OFF
BY JUNE TEUFEL DREYER, UNIVERSITY OF MIAMI
After several years of seeking to counter each other while insisting that their relations were at a recent best, Tokyo and Beijing became overtly contentious. A major event of the reporting period was China’s passage, and subsequent enforcement, of a law empowering its coast guard to take action, including through the use of force, to defend China’s self-proclaimed sovereignty over the Japanese administered Diaoyu/Senkaku Islands in the East China Sea. Heretofore reluctant to criticize Beijing over its actions in Xinjiang and Hong Kong, Japanese Foreign Minister Motegi Toshimitsu finally did so in April, and pledged to work with the United States to resolve China-Taiwan tensions. Chinese Foreign Minister Wang Yi warned that a continuation of such moves would cause Chinese-Japanese ties to hit bottom and threatened retaliation for any interference on Taiwan. No more was heard about a long-postponed Xi Jinping visit to Japan.

JAPAN-KOREA RELATIONS
DIFFICULT TO DISENTANGLE: HISTORY AND FOREIGN POLICY
JI-YOUNG LEE, AMERICAN UNIVERSITY
Unsurprisingly, historical issues proved difficult to disentangle from other foreign policy issues in Japan-South Korea relations, which remained at the “worst level since the normalization” in the first four months of 2021. The Seoul Central District Court’s ruling on Jan. 8 that the Japanese government should pay damages to victims of sexual slavery during World War II set the tone for contentious relations at the beginning of the year. While the Moon Jae-in administration made gestures to mend ties, the Suga administration maintained that South Korea should take concrete measures to roll back the 2018 South Korean Supreme Court ruling on Japanese companies requiring them to compensate wartime forced laborers. Export restrictions levied by Japan against South Korean companies in 2019 remain in place, while the case is with the World Trade Organization after South Korea reopened a complaint in 2020 that was filed and then suspended in 2019.

CHINA-RUSSIA RELATIONS
EMPIRE STRIKES BACK AT MOSCOW AND BEIJING
BY YU BIN, WITTENBERG UNIVERSITY
For Moscow and Beijing, the changing of the guard in the White House in January 2021 meant no reset of ties with Washington. Instead, the newly inaugurated Biden administration turned the screws on both China and Russia by reinvigorating alliances, firming up sanctions, and prioritizing force deployment, particularly to the Indo-Pacific region. In contrast to Biden’s multifaceted diplomatic offensive, China and Russia seemed passive, if not inactive, both in terms of their bilateral ties and their respective relations with the US. Top Russian and Chinese diplomats met in person just once in the first four months of 2021 in the middle of sharply escalated tensions across the Taiwan Strait and in East Ukraine. Meanwhile, Beijing and Moscow waited to see if the transition from Trumpism would lead to a brave new world (“new concert of powers”), a grave new world of Kissingerian “great games” in the era of WMD plus AI, or something in between.

JAPAN-SOUTHEAST ASIA RELATIONS
A DIPLOMATIC “NEW NORMAL” IN THE INDO-PACIFIC REGION?
BY KEI KOGA, NANYANG TECHNOLOGICAL UNIVERSITY
Japan-Southeast Asia relations were relatively stable, despite COVID-19, as summarized by three trends: emphasizing multilateral actors; prioritizing enhancement of bilateral relations with two countries (Indonesia and Vietnam); and the synthesis of Japan’s Free and Open Indo Pacific “vision” (FOIP) and ASEAN’s ASEAN Outlook on the Indo-Pacific (AOIP). Japan and Southeast Asian states managed to achieve tangible cooperation, as illustrated by the establishment of the ASEAN Centre for Public Health Emergencies and Emerging Diseases (ACPHEED). Yet, strategic dynamics among Southeast Asia, Japan, and the United States are shifting because of changes in Japanese and US political leadership. Japan, the most reliable partner for Southeast Asia in the Trump era, seemingly faced a relative decline in the importance attached by Southeast Asia because of the United States’ renewed commitment to the region. In the context of this new diplomatic reality, the foremost challenges that Japan and Southeast Asia will likely face in 2021-2022 are Myanmar and ASEAN Centrality in the Indo-Pacific.

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PacNet #8 – Rebooting the UN-US Partnership: Global Goals Require Indo-Pacific Focus

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The Indo-Pacific region has seen a rise in political instability in recent years. The Trump administration and China have been at loggerheads, through the WHO, in formulating a global approach to slowing the spread of COVID-19. The region has experienced a rise in human rights violations, evidenced by the bitter treatment of the Rohingya in Myanmar, China’s persecution of Uyghur Muslims in Xinjiang, and authoritarian crackdowns in Thailand and Cambodia. The Indo-Pacific has also witnessed China’s growing assertiveness in the South China Sea, East China Sea, and along the Indo-China border, eliciting a defensive posture from regional powers such as Australia, Japan, and India.

In full view of political and human rights crises in the Indo-Pacific, the UN has remained silent. It has failed to enact reforms to its major organs, such as the Security Council. It has failed to bring meaningful reform to the Human Rights Council, which remains populated by serial violators, including China and Iran, as well as its inability to find its voice on rights violations against Muslim populations in China, Myanmar, and India. The UN has remained “concerned” over India’s recent Citizenship Amendment Act and subsequent Hindu violence toward Muslims, China’s housing of Uyghur Muslims, or the plight of the Rohingya, but has not insisted through Special Procedures that independent investigators gain exclusive access to the most sensitive areas. China, like other autocratic regimes in the region, has repeatedly denied or stalled invitations to UN experts wanting to conduct official visits.

Despite these shortcomings, the incoming Biden administration represents an opportunity to reinvigorate ties between the US and the UN. Doing so could catalyze economic growth and provide stability in the Indo-Pacific. Regionwide, there is no shortage of challenges that need concrete solutions, including institutional reforms—both at the Security Council and the Human Rights Council—and a more robust climate change agenda.

Past and present American administrations have discussed reform at the United Nations, chiefly in the Security Council. Static since 1945, the aging body needs to be made fit for purpose in the modern era. To accomplish this, additional permanent members should be added—with two equally qualified candidates in the Indo-Pacific. India and Japan have lobbied for years with limited support. India has been an active participant in UN peacekeeping operations around the globe and Japan has been a leading contributor of development assistance (ODA) for decades. Their constant presence on the Security Council, combined with changes to veto powers, would add two vital allies capable of defending the international order and keeping the peace. Adding a third new permanent member from Africa would win concessions from the African continent—which has contributed proposals in the past that have received little recognition in the General Assembly. One of the principle strengths of the United Nations is its commitment to the equality of states, vested in Article 2 of the UN Charter. The Security Council is a forum where Great Powers exert influence on global affairs, yet to maintain that influence, the US needs a proactive Security Council that can both provide support to multilateral initiatives and advance its interests, as well as hold human rights violators and autocratic regimes accountable.

On the human rights front, the UN could facilitate reform proposals for the Human Rights Council. The Trump administration walked away from the Council in 2018, with former UN Ambassador Nikki Haley calling the body a “hypocritical and self-serving organization.” The Secretary-General António Guterres and Michelle Bachelet, the UN High Commissioner for Human Rights should advocate the reform of the Council by mandating the norm of taking into account the contribution of potential candidates to the Council, as well as their voluntary pledges and commitments. While the US is sure to return to the Human Rights Council under a Biden administration, it should back a proposal that would help eliminate states with poor human rights records, such as limiting Council seats to just one term or increasing the threshold to win a seat from a simple plurality to a two-thirds majority. Abandoning the Human Rights Council, rather than advocating for its reform is short-sighted thinking—a decision that left American allies in the Indo-Pacific, like Japan and Australia, in the lurch.

Climate change is another area of cooperation where the United Nations can engage with the Biden administration. Biden has already signaled as much by appointing former Secretary of State John Kerry as his climate envoy. While Asia’s economic engine now fuels the global economy, it is responsible for more than 50% of global greenhouse gasses through rapid industrialization. The Indo-Pacific needs to make climate change a higher priority, particularly in light of recent natural disasters. The US should address a number of climate vulnerabilities by dramatically upscaling humanitarian and disaster response exercises, as seen in the Cobra Gold and Tiger Triumph exercises with Thailand and India. Climate change needs to be viewed, including by the US as a security threat. Global temperature changes facilitate seawater rise, create storm surges, and strain fisheries. Climate change pressures put stress on bilateral relations, particularly in ASEAN, which are at risk of violent naval confrontations as a result of competing territorial claims in the South China Sea. The Biden administration would be wise to adopt a coherent national strategy on climate change, a glaring hole in Trump’s anti-science doctrine, which ignored Department of Defense warnings, particularly on the Indo-Pacific in 2019.

A focus on environmental initiatives would not only bolster Washington’s Indo-Pacific Strategy, but other states in the region such as Japan, Australia, and India with Free and Open Indo-Pacific visions and mutual environmental concerns. China need not be excluded from the group; the 2nd Belt Road Forum recently demonstrated Beijing is placing greater emphasis on the environment in BRI projects. Promoting crosswalks through the convening power of the UN can kill two birds with one stone, contributing to climate change cooperation in the Indo-Pacific while moving the China-US rivalry away from a zero-sum approach. The UN should avail itself of this opportunity. The UN could provide cooperation mechanisms to mitigate climate change impacts in the Mekong Delta, the South China Sea and South Asia. Piggybacking on pre-existing initiatives such as the US-Mekong Partnership or Australia’s Partnerships for Recovery in ASEAN and the Southeast Asian region may be a template for expanded multilateral cooperation.

To reinvigorate its partnership, America and the UN must proactively adopt policies that resonate with the Biden administration’s multilateral and internationalist inclinations. Institutional reform, human rights, and climate change cooperation are key areas of synergy in the broader Indo-Pacific.

Mark S. Cogan ([email protected]) is an associate professor of peace and conflict studies at Kansai Gaidai University in Osaka; and a communications consultant for the United Nations Development Programme (UNDP). Twitter handle:@markscogan.

Dr. Stephen Nagy ([email protected]) is a senior associate professor at the International Christian University in Tokyo; a distinguished fellow with Canada’s Asia Pacific Foundation; a fellow at the Canadian Global Affairs Institute (CGAI); and a visiting fellow with the Japan Institute for International Affairs (JIIA). Twitter handle: @nagystephen1.

PacNet commentaries and responses represent the views of the respective authors. Alternative viewpoints are always welcomed and encouraged. Click here to request a PacNet subscription.