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Defense & Security
Disputed Claims In The South China Sea.

Africa’s delicate diplomacy in the South China Sea dispute

by Samir Bhattacharya

한국어로 읽기Leer en españolIn Deutsch lesen Gap اقرأ بالعربيةLire en françaisЧитать на русском The ongoing skirmishes in the South China Sea between China and regional states represent another severe threat to the world economy, directly affecting Africa. As China grows increasingly aggressive in its race for global hegemony and influence, and the United States (US) slowly plunges into the battle to prevent China’s rise, the world is watching the unfolding of this rivalry with unease. Although a few places have felt intense pressure from this alarming competition, the South China Sea (SCS) region is where a violent showdown looks increasingly probable. Unlike the war in Ukraine or Gaza, the US and China may start a direct war in the SCS. And amidst this multifaceted new Cold War 2.0, Africa remains cautious. The South China tinderbox On 23 April, another skirmish took place between China and the Philippines when two Filipino patrol boats approached the shallow turquoise waters of a disputed shoal around 194 km west of the Philippine Islands province of Palawan. The patrol boats were there for an underwater survey near the disputed shoal claimed by both China and the Philippines, thus prompting a Chinese response. A Chinese coast guard, via radio, instructed them to leave the area and threatened hostile measures. Following several radio exchanges, the Chinese coast guard damaged both the Philippine patrol boats by firing high-pressure water cannons at them. However, this was not the first time China’s assertion in this region has caused friction with other SCS neighbours, including Japan and South Korea. China has used an unconvincing U-shaped “nine-dash line” that crosses the exclusive economic zones, or EEZs, of Brunei, Indonesia, Malaysia, the Philippines, Taiwan, and Vietnam to demonstrate its claim in the region. Despite their low intrinsic value, the region lies along a vital trade and supply corridor that supports over US$3 trillion in yearly shipborne commerce. Oil, gas, and fishing sources abound in the area. Beijing has declined to acknowledge a 2016 decision from the Permanent Court of Arbitration that ruled Beijing’s broad claims invalid based on historical grounds. China and the Philippines have already fought many times over the Second Thomas Shoal and the Bashi Channel. China has become increasingly aggressive in the region in the last few years, putting regional stability at high risk. So far, these skirmishes will likely remain regional without the risk of any full-scale war. However, there are risks of casualties or even the vessel capsizing. Making of Cold War 2.0 over the SCS Washington’s response to the upcoming crisis is still modest. US President Biden raised concerns about China’s actions in the SCS , including efforts to impede the Philippines from resupplying its forces on the fiercely disputed Second Thomas Shoal. The US has repeatedly warned China that it’s obligated to defend the Philippines, its oldest treaty ally in Asia, if Filipino forces, ships or aircraft come under an armed attack. The US also conducted Balikatan drills (‘shoulder-to-shoulder’ in Tagalog) with the Philippines with more than 16,000 American and Philippines military personnel. Indeed, its resources are thinly stretched, and Beijing seems to be moving ahead. To deter China by stepping up regional defence diplomacy, Washington is exploring the possibility of a security alliance with Japan, Australia, and the Philippines, tentatively called SQUAD. This is in addition to two other existing groupings in the region, “Quad” and “AUKUS,” a defence pact among Australia, the United Kingdom and the US. While AUKUS is a defence pact, Quad is simply a dialogue platform. Africa’s tricky balancing act Even while the socioeconomic repercussions of the Russia-Ukraine war have not yet wholly subsided in Africa, the ongoing skirmishes in the SCS represent another severe threat to the world economy, directly affecting several African nations. Despite being geographically far, the conflict’s spillover effect would impact the continent’s food security in terms of both the availability and pricing of some food crops. In addition, the SCS region represents a crucial geographic sweet spot for Africa as a source of trade and investment, translating into growth and development for many African economies. The crisis can potentially fuel price rise, particularly for oil-importing countries. The prospect of a consequential price rise of essential commodities will have enormous ramifications for domestic stability in most African countries. Furthermore, many African economies heavily rely on trade, investment, and aid from South and Southeast Asia, the crisis will significantly hamper the development and growth of the continent. There are also strategic lessons for Africa to learn from the conflict. China’s principal interest in Africa consists of protecting its BRI investments and ensuring steady trade flow. Africa is also essential for China to fulfil its resource needs, maintaining industrial growth and energy security. Therefore, securing stability in countries where China has invested is in China’s interest, just like keeping a stable relationship with China is in the interest of those investment-starved countries. Further, since many investment projects in China are located in different African countries, these countries should be careful. China can become aggressively irredentist, even in Africa. Currently, China owns a naval base in Djibouti and a ballistic missile tracker Yuan Wang 5, off the coast of Durban. It has strong economic influence across the countries of Africa’s east coast thanks to its Belt Road Initiative (BRI). On the West Coast, China has many seaports financed or constructed by Chinese entities. If the national governments of these countries fail to pay, China would happily take control of these ports through lease as it did in Hambantota, Sri Lanka. In addition to Sri Lanka, other South Asian countries such as Pakistan, Nepal, Bangladesh, and Myanmar also faced dire consequences due to the failure of their BRI debt payment, leading to economic crises, and sometimes even political crises. Therefore, caution would be expected from these African governments. Conclusion China’s increasingly aggressive posture over the SCS raises concerns about the stability of the region. As the current uneasy détente between the US and China bears remarkable similarities to the Cold War, questions are raised regarding the possibilities of a new Cold War 2.0. Questions are also raised concerning the possible reactions from different African countries vis-á-vis Chinese aggression in the region. Undoubtedly, any serious conflict between China and the Philippines would be dangerous. These frequent skirmishes may not lead to a direct war between the US and China. Yet, the risk of vessel capsizing and casualties is high. Any such event would ultimately spark a crisis in Africa. So far, Africa is cautious and continues to balance its great power relationships. Undoubtedly, it is increasingly concerned with the aggressive posture of the Chinese in the region. On the other hand, it needs China for economic purposes. Therefore, Africa will continue to walk the tightrope where it would want US involvement in de-escalating the situation without ruffling any feathers with China. The views expressed above belong to the author(s).

Defense & Security
Shenzhen, Guangdong, China - Apr 27 2023: A China Coast Guard boat is cruising on the sea.

Philippines: Calming Tensions in the South China Sea

by International Crisis Group

한국어로 읽기Leer en españolIn Deutsch lesen Gap اقرأ بالعربيةLire en françaisЧитать на русском “This article was originally published here by the International Crisis Group”Tensions between China and the Philippines are increasing the risk of armed conflict in the South China Sea. In this excerpt from the Watch List 2024 – Spring Update, Crisis Group looks at how the EU can support regional diplomacy to mitigate maritime disputes. Rising maritime tensions between China and the Philippines have highlighted the risk of armed conflict in the South China Sea and the dangers it would pose to global trade. Several countries are implicated in the set of complex sovereignty disputes in the sea, which stem from rival claims to various features and the maritime entitlements they generate, but recent incidents involving Beijing and Manila have triggered the greatest concern. The Philippines controls nine outposts in the Spratlys, a contested group of land and maritime features at the heart of the South China Sea. A submerged reef known as Second Thomas Shoal has become a dangerous flashpoint, with Chinese boats continually trying to block Manila’s efforts to resupply the BRP Sierra Madre, a rusting ship housing a handful of soldiers that a former Philippine government purposely grounded in 1999 in a bid to assert sovereignty over the atoll. China, which also claims the shoal, first started interfering with these missions in 2014, but relations between the two countries in the maritime domain have never been as volatile as during the last seven months. Chinese boats have regularly rammed the Philippine supply vessels or doused them with water cannons, occasionally wounding the sailors on board. Manila has a Mutual Defence Treaty with Washington, making this burgeoning maritime dispute part of the geopolitical competition between the U.S and China. In effect, the South China Sea has become a zone where conflict risks are rife – and where Washington and Beijing could be drawn into direct confrontation. Considering these developments, the EU and its member states should: • Seek greater diplomatic engagement with both Beijing and Manila to keep tensions in check. They should also expand their diplomatic presence across South East Asia and, where relevant, establish reliable channels through which they could communicate with high-level authorities in China and other claimant states should disputes at sea escalate; • Work to promote respect for international law, particularly the law of the sea, as a source of neutral rules for dispute resolution and conflict prevention, for example by organising public events, roundtables and dialogues in Manila and elsewhere. While this measure may not bridge the divides between Manila and Beijing, it could at least help establish a level of mutual support and understanding among the other South China Sea claimant states; and • Strengthen coast guard cooperation with the Philippines, focusing on building capacity in areas such as environmental protection, safety and search-and-rescue procedures. Troubled Waters The sovereignty disputes that underpin the tensions between China and the Philippines in the South China Sea go back decades. But it was Beijing’s manoeuvres to take control of Mischief Reef (in the east of the Spratlys) from Manila in 1995 that altered the perceived balance of power between the two states and in the region, setting off the territorial dispute that has now taken a turn for the worse. China’s assertiveness in the sea has grown in the past few years, along with its military capabilities. The brewing territorial dispute made headlines in 2012 when Beijing in effect took control of Scarborough Shoal, an atoll 220km west of the Philippine mainland but within Manila’s exclusive economic zone (EEZ), after a maritime altercation. The incident prompted then-President Benigno Aquino to file a case challenging China’s territorial claims under the UN Convention on the Law of the Sea (UNCLOS). On 12 July 2016, the presiding arbitral tribunal ruled in favour of Manila, dismissing China’s claim to all the waters within its “nine-dash line”, which constitute almost the entire South China Sea. But it was a Pyrrhic victory. Beijing not only rejected the adjudication and the subsequent ruling, but it had also already undercut efforts to settle the dispute through legal channels by building and fortifying seven artificial islands in the Spratlys while the case was winding its way through the system. This move fundamentally changed the status quo, enabling Beijing to post permanent garrisons in the area for the first time. By many accounts, China has thus ensured itself control of the sea in any situation below the threshold of armed conflict. A short lull in the maritime dispute appeared to follow. After coming to power in 2016, Aquino’s successor, Rodrigo Duterte, pursued a pragmatic policy toward Beijing. Duterte downplayed the tribunal’s decision and cast sovereignty issues aside, hoping to benefit from Beijing’s economic largesse in exchange. Yet his ambitious gambit did not pay off. Tensions at sea continued in the form of regular standoffs between the country’s coast guard and Chinese vessels. Filipino fisherfolk struggled to reach their traditional fishing grounds, and Manila could not exploit the precious oil and gas reserves within its EEZ to which it is entitled under international law. In March 2021, Chinese ships massed around Whitsun Reef, an unoccupied feature in the sea, ringing alarm bells in Manila, where senior officials voiced public criticism of China’s behaviour for the first time in years. By the end of the Duterte administration, the Philippines had revived its ties with the U.S. and become more assertive still, filing several diplomatic protests with the Chinese government. Elected in 2022, President Ferdinand Marcos, Jr., Duterte’s successor, was initially disposed toward friendly relations with Beijing, but the relationship soured only a few months into his presidency. Although China remains the Philippines’ top trading partner, Marcos, Jr.’s meetings with President Xi Jinping did not achieve the desired results: Beijing neither agreed to make major new investments nor curtailed its “grey zone” tactics in the South China Sea, understood as coercive actions that remain below the threshold of armed conflict. These rebuffs have helped push Marcos, Jr. toward strengthening ties with Washington, and the Biden administration has, on several occasions, publicly committed that the countries’ Mutual Defence Treaty would be deemed triggered in the event of an armed attack on Philippine warships, aircraft or public vessels. In perhaps the most significant recent development, after a series of high-level visits by U.S. officials to Manila, the two countries agreed to scale up implementation of their Enhanced Defense Cooperation Agreement, which gives U.S. troops rotational expanded access to Philippine military bases, and which China perceives as a provocation, especially given these bases’ proximity not just to the South China Sea but also to Taiwan. Manila has also received defence and diplomatic support from a host of other countries, particularly Japan and Australia. Despite the dispute it has with Vietnam over parts of the South China Sea, it has engaged, more quietly, with Hanoi, and acquired maritime defence equipment from India, thus expanding its circle of partners. Joint naval exercises with various countries have included large-scale ones with the U.S. in April, which involved the deployment of missiles that can reach targets almost 1,600km away – something that was sure to draw Beijing’s attention – and took place just after Manila wound up its first-ever trilateral presidential summit with Washington and Tokyo. In the meantime, the Marcos, Jr. administration has pursued what it calls a “transparency initiative”, publicising information about maritime incidents by inviting journalists to join its coast guard ships or posting video recordings of events almost as they are happening. Dramatic footage of Chinese vessels blocking, ramming or attacking its resupply missions to Second Thomas Shoal with water cannons has generated widespread condemnation in the Philippines and abroad. Many consider these tactics to be bullying. For its part, and despite the 2016 ruling, Beijing asserts that Manila is intruding into its waters and maintains that it is demonstrating maximum restraint. China has also recently referred to a so-called gentleman’s agreement under former President Duterte that it says foresaw preserving a status quo in the South China Sea, with Manila ostensibly agreeing to supply only humanitarian goods and no construction materials to the BRP Sierra Madre; Manila denies that there was any such arrangement. Given the Philippines’ determination to continue resupplying its troops on the BRP Sierra Madre, Second Thomas Shoal will likely remain a flashpoint. Due to the constraints imposed at sea by the Chinese maritime militia and coast guard, Manila is starting to look into other means of provisioning its outpost, some of which are likely to irk Beijing even more, such as airdrops or closer U.S. naval escorts. In September 2023, a U.S. plane was in the shoal’s vicinity during a resupply mission, while a U.S. warship passed through waters nearby in December. But the shoal is not the only possible source of tension. Chinese vessels, both official and non-official, sail through many areas where Philippine fisherfolk traditionally work, while other features, such as Scarborough Shoal, are also points of friction. A large-scale encounter or accident at sea could be especially dangerous. Should a Filipino or Chinese national die during such a confrontation, it could stir nationalist sentiments in Manila and Beijing and heighten threat perceptions on both sides. In case of loss of life on the Philippine side, Manila would expect its U.S. ally to assist under the Mutual Defence Treaty, especially given the recent exchanges with Washington on that topic, although the U.S. has not said precisely how it would come to the Philippines’ aid. How such a dangerous situation would evolve depends in large part on Manila’s political decision to invoke the treaty and the choices Washington makes about how to fulfill its commitments. In principle, Beijing and Manila remain open to negotiations. But the bilateral consultative mechanism, a confidence-building measure designed in 2017 to manage maritime issues between the two countries, among other things, has generated no results of note. Meanwhile, efforts to create a Code of Conduct, which aims to reduce tensions at sea by setting up norms and rules between claimants and has been under discussion between China and the Association of Southeast Asian Nations (ASEAN) for over two decades, have stagnated. Why the Sea Matters The South China Sea is a vital waterway through which around one third of global shipping passes. Peace and stability in the sea are a prerequisite for safe trade and are demonstrably in the interest of the EU and its member states. At over 40 per cent, the share of the EU’s trade with the rest of the world transiting the sea is even higher than the global average. Instability in the area would deal a major blow to the European economy; even a slight disturbance of shipping routes could result in higher transport costs, shipping delays and acute product shortages. Should there be an escalation that pits China against the U.S. in a direct conflict, the consequences could be catastrophic and global. European positions toward South China Sea disputes have traditionally highlighted the importance of all parties respecting international law and the need for peaceful resolution, while being careful not to take sides. But over the last few years, China’s assertiveness and expanding military capabilities have driven a greater sense of urgency and something of a shift in European thinking. First, the EU and several of its member states have developed “Indo-Pacific” strategies, designed to guide and promote cooperation with countries throughout the region. Secondly, Brussels has increased its diplomatic support for the Philippine position following maritime altercations, offering supportive statements in December 2023 and March 2024. Brussels and several European capitals now back Manila in regularly underlining the importance of UNCLOS and maritime law in the South China Sea context. Meanwhile, Europe’s presence in the region is growing, if slowly and in part symbolically. In 2021, the EU appointed a special envoy for the Indo-Pacific for the first time, while European Commission President Ursula Von der Leyen visited Manila in July 2023, the first trip to the Philippines by someone holding that office and an opportunity to express, at the highest level, the EU’s readiness to strengthen cooperation with the government in maritime security, among other areas. A German frigate entered the South China Sea in 2021, and French and Italian ships made port calls in Manila in 2023. In March 2024, the EU and the Philippines agreed to resume negotiations over a free trade agreement, while a month later France announced talks regarding a Visiting Forces Agreement with the Philippines. While EU interest in the region is rising, European stances on the South China Sea are complex, with member states harbouring different views on maritime disputes in the region and, more broadly, on big-power competition. Some, such as France – which is the only EU member state to have overseas territories in the region (and which has significant EEZ interests there) – see themselves as having stakes higher than others and are keen to participate in the region’s discussions on security. Others, such as Greece and Hungary, are less concerned with maritime flare-ups so far away and tend to ascribe greater importance to maintaining good relations with Beijing. What the EU and Its Member States Can Do As the EU and its most powerful member states are drawn deeper into the South China Sea, they should raise their diplomatic game in the region – both to ensure awareness of mounting tensions and to look for ways to manage corresponding risks. As a practical matter, Brussels could leverage its status as an ASEAN Strategic Partner to seek more participation in that bloc’s security mechanisms and regional forums; the EU and member states could seek higher levels of engagement with regional powers such as Japan, Australia, and South Korea on matters concerning the South China Sea; and Europe could post more diplomats to the region, including permanent defence attachés who speak the language of naval diplomacy. Of particular importance will be maintaining strong lines of communication with Beijing, where Europe is seen as still having some distance from the U.S.-China strategic rivalry, which works to its diplomatic advantage. While to some extent this communication will be traditional bilateral statecraft, it may also mean looking for new opportunities and new channels for dialogue. For example, some member states could also seek to follow the precedent set by France and China in establishing a coordination and deconfliction mechanism between their militaries. Brussels should also continue raising the South China Sea in its engagement with Beijing as it did during the EU-China summit in 2023. Maintaining these channels will become both more difficult and more important if and when the EU and member states expand their operational presence in the region – for example, if they decide to establish a calibrated maritime presence in the South China Sea, as proposed by the EU envoy to the Indo-Pacific. Such a move is still deemed unlikely for now. As for public diplomacy, Brussels and EU member states should consider practical ways to promote principles of the law of the sea in the region, making the case that broader regional support for and adherence to these principles would provide neutral ground for peacefully avoiding and resolving disputes. While it is hard to see this approach appealing to Beijing, which has rebuffed the UNCLOS tribunal’s decision, there could still be benefits in forging closer cooperation among other claimant states. Convenings in Manila and other regional capitals could cover topics related to the continuing disputes but also to cross-cutting themes of regional interest such as fisheries. With negotiations over a regional Code of Conduct stuck, like-minded countries in the region could use these occasions to at least develop common positions on discrete issues that might be addressed by the Code or that could foster regional confidence-building in the South China Sea. Finally, in the realm of capacity building, European governments should continue to strengthen coast guard cooperation with South China Sea claimant states, helping them develop tools and protocols that might be used where appropriate to avoid confrontation and conflict. Since Aquino’s administration, Manila has tried to boost its coast guard capabilities. Given that many of the other claimant states’ vessels in the South China Sea are coast guard ships, and find themselves embroiled in maritime confrontations, a common approach on rules of engagement could help avoid misunderstandings at sea. Building on the EU’s integrated coast guard system, the EU could host or sponsor joint workshops to develop operating principles for the region’s law enforcement vessels and exchange best practices with Philippine authorities. Brussels could also fund agencies such as the UN Office on Drugs and Crime to strengthen coast guard expertise on issues such as environmental protection, safety and search-and-rescue procedures. European member states could also participate in joint activities with the Philippine and other ASEAN coast guards to strengthen fisheries control and maritime border protection and deter piracy or smuggling.

Defense & Security
Flags of china and the united states on a map of the southern china sea.

War games risk stirring up troubled waters as Philippines − emboldened by US − squares up to Beijing at sea

by Fred H. Lawson

한국어로 읽기Leer en españolIn Deutsch lesen Gap اقرأ بالعربيةLire en françaisЧитать на русском U.S. Marines joined Filipino counterparts on May 5, 2024, for a mock battle at a telling location: a small, remote territory just 100 miles off the southern tip of the contested island of Taiwan. The combat drill is part of the weekslong Exercise Balikatan that has brought together naval, air and ground forces of the Philippines and the United States, with Australia and France also joining some maneuvers. With a planned “maritime strike” on May 8 in which a decommissioned ship will be sunk and exercises at repelling an advancing foreign army, the aim is to display a united front against China, which Washington and Manila perceive as a threat to the region. Balikatan is Tagalog for “shoulder to shoulder.” Joint Philippines-U.S. naval drills have become an annual event. But as an expert in international relations, I believe this year’s drills mark an inflection point in the regional politics of the South China Sea. For the first time, warships taking part in the exercise ventured outside the 12-mile boundary that demarcates the territorial waters of the Philippines. This extends military operations into the gray area where the Philippines’ exclusive economic zone rubs up against the territory claimed by China and designated by its “nine-dash line.”    Also for the first time, the U.S. deployed an advanced mobile launcher for medium-range ballistic and cruise missiles of a type that had been banned under the now-defunct Intermediate-Range Nuclear Forces Treaty. In addition, the Philippine navy is showing off its newest acquisition, a South Korean-built missile frigate. The South China Sea has long been the source of maritime disputes between China, which claims the vast majority of its waters, and nations including Vietnam, the Philippines, Malaysia and Indonesia. In addition, heightened tensions over the status of Taiwan – a territory that the Biden administration has pledged to defend militarily in the event of a Chinese invasion – have made the South China Sea even more strategically important. Containment at sea The latest joint maneuvers come amid two developments that could go some way to influence the future trajectory of tensions in the South China Sea. First, the Philippines has grown increasingly assertive in countering China’s claims in the region; and second, the U.S. is increasingly intent on building up regional alliances as part of a strategy to contain China. The Philippines-U.S. alignment is more robust than ever. After a brief interval during the 2016-22 presidency of Rodrigo Duterte, U.S. warships and military aircraft once again operate out of bases in the Philippines. Joint naval patrols resumed in early 2023. At the same time, Manila granted U.S. troops unprecedented access to facilities on the northern Batanes islands, which have become the focus of current joint operations. Meanwhile, Washington has become more vocal in condemning challenges to the Philippines from China. U.S. officials had carefully avoided promising to protect the far-flung islands, atolls and reefs claimed by Manila for seven decades following the signing of the Mutual Defense Treaty with the Philippines in 1951. Only in March 2019 did then-Secretary of State Mike Pompeo assert that the treaty covers all of the geographical area over which the Philippines asserts sovereignty. In February 2023, Presidents Ferdinand Marcos Jr. and Joe Biden doubled the number of bases in the Philippines open to the U.S. military. That May, the two leaders affirmed that the Mutual Defense Treaty applies to armed attacks that take place “anywhere in the South China Sea.” Causing waves, rocking the boat Firmer ties to the U.S. have been accompanied by more combative behavior on the part of the Philippines. In May 2023, the Philippines coast guard introduced demarcation buoys around Whitsun Reef – the site of an intense confrontation with China’s maritime militia a year earlier. Reports circulated three months later that Philippine marines planned to construct permanent outposts in the vicinity of the hotly contested Scarborough Shoal. And a Philippine coast guard ship, with the commander of the country’s armed forces aboard, approached Scarborough Shoal in November, before being forced to retreat by Chinese maritime militia vessels. Then in January 2024, the Philippines broke with its adherence to a prohibition on erecting structures on disputed territory, which was part of the 2002 Declaration on the Conduct of Parties in the South China Sea, by installing electronic surveillance equipment on Thitu Island, which sits beyond Scarborough Shoal in the heart of a cluster of disputed formations. This was followed by announced plans to put water desalination plants on Thitu, Nanshan Island and Second Thomas Shoal, making it possible to maintain permanent garrisons on these isolated outposts. Manila has continued to assert its maritime rights by announcing that armed forces would escort exploration and mining activities in the exclusive economic zone. Further acts that could be seen as provocative in Beijing followed, including the stationing of a Philippine navy corvette at nearby Palawan Island and a joint flyover by Philippine warplanes and a U.S. Air Force B-52 heavy bomber. A raft of Chinese responses It is clear that the deepening of Philippines-U.S. ties has given Manila the confidence to undertake a variety of combative acts toward China. The question is, to what ends? A more assertive Philippines may end up contributing to the U.S. strategy to deter Beijing from extending its presence in the South China Sea and launching what many in Washington fear: an invasion of Taiwan. But it is possible that heightened truculence on the part of the Philippines will goad Beijing into being more aggressive, diminishing the prospects for regional stability. As the Philippines-U.S. alignment has strengthened, Beijing has boosted the number of warships it deploys in the South China Sea and escalated maritime operations around Thitu Island, Second Thomas Shoal and Iroquois Reef – all of which the Philippines considers its sovereign territory. In early March 2024, two Chinese research ships moved into Benham Rise, a resource-rich shelf situated on the eastern coast of the Philippines, outside the South China Sea. Weeks later, a Philippines coast guard cutter surveying a sandbar near Thitu was harassed not only by Chinese coast guard and maritime militia ships but also by a missile frigate of the People’s Liberation Army Navy, which for the first time launched a helicopter to shadow the cutter. Washington has taken no public steps to dampen tensions between Manila and Beijing. Rather, Secretary of State Antony Blinken expressed full-throated support for “our ironclad defense commitments” during a mid-March 2024 stopover in Manila. Reassured of U.S. backing, Marcos has amped up the rhetoric, proclaiming that Manila would respond to any troublemaking on Beijing’s part by implementing a “countermeasure package that is proportionate, deliberate and reasonable.” “Filipinos,” he added, “do not yield.” Such an approach, according to Marcos, was now feasible due to the U.S. and its regional allies offering “to help us on what the Philippines requires to protect and secure our sovereignty, sovereign rights and jurisdiction.” The danger is that as the Philippines grows more assured by U.S. support, it may grow reckless in dealing with China. Rather than deterring China from further expansion, the deepening Philippines-U.S. alignment and associated Filipino assertiveness may only ramp up Beijing’s apprehensiveness over its continued access to the South China Sea – through which virtually all of its energy imports and most of its exports flow. And there is little reason to expect that Washington will be able to prevent an emboldened Manila from continuing down the path of confronting China in the South China Sea. To Beijing, the prospect of an emboldened Philippines forging active strategic partnerships with Australia, Japan, South Korea, Vietnam and – most troublesome of all – Taiwan makes the situation all the more perilous.

Defense & Security
Japanese Fighter Jet

Japan’s Role in Shaping the Security Landscape of Southeast and East Asia

by Swati Arun

한국어로 읽기 Leer en español In Deutsch lesen Gap اقرأ بالعربية Lire en français Читать на русском Japan has embarked upon a transformative journey that signifies a departure from its conventional pacifist stance. Despite encountering pockets of domestic opposition, Japan’s vision of a free and open Indo-Pacific has received increasing support from neighbouring nations. Within a regional backdrop of countering China’s military modernisation and expansionism, Japan is now laying the groundwork for collective defence while working to institutionalise these efforts and ease concerns about remilitarisation. Japan has gradually undertaken various steps to enhance the role of self-defence forces and allow military partnerships. The three new requirements for exercising self-defence, adopted in 2014, expanded Japan’s right to self-defence in the “occurrence of an armed attack against Japan or another country with close ties to Japan”, a threat to national existence, with “no other means to ensure the survival of the country”, adding the use of “minimum amount of force necessary”. Japan broadened the definition of security to encompass any changes in its vicinity that may compromise its territorial integrity. Following these changes, on 16 Dec 2022, the Kishida administration formally approved three revised strategic documents – the National Security Strategy (NSS), the National Defense Strategy (NDS), and the Defense Buildup Program. These revisions reduced the limitations imposed on the Self Defense Forces and collective defence. Viewing these changes in today’s security conflict in East Asia, the first requirement effectively extended the parameters of self-defence to include Taiwan. In the NSS, Japan identified Taiwan as an “extremely important partner and a precious friend” while characterising China as “a matter of serious concern” and “the greatest strategic challenge.” The documents also designated North Korea as “a graver, more imminent threat” and Russia as “a serious security concern.” The documents revealed Japan’s acquisition of counterstrike capabilities, filling gaps in its defences, and broadening the second and third requirements for collective self-defence. Furthermore, Tokyo intends to upgrade the indigenous Type 12 surface-to-ship missile, with a range of approximately 200 km, to approximately 1,200 km, substantially increasing the cost of Chinese attacks in the region. In January 2024, Japan signed agreements with the US to acquire 400 Tomahawk cruise missiles, with a firing range of approximately 1,600 km. Reportedly, Japan aims to rectify its current ammunition reserves by constructing “70 ammunition depots within five years” and plans to construct up to 130 ammunition depots by 2035, drawing lessons from the conflict in Ukraine. Japan revised the Three Principles of Transfer of Defence Equipment and Technology overcoming the past restrictions on transfer of defence equipment and technology to other countries. These revisions marked the beginning of Japan’s evolving role as a security provider in the region. Together this amounts to the doubling of the defence spending from 1% to 2% of GDP by 2027 to speed up the advancement of Japan’s peacetime and immature military and bring it to NATO standards. The revisions are consistent with Japan’s understanding of its new security environment where Chinese assertions are reinforced by the largest naval force in Asia. The shift also underscores the limitation of the US power in the region to remain the sole security provider by enabling Japan to take a central role. Japanese people also resonated with the sentiments, as a poll conducted in 2022 revealed that 89% see China as a threat in 2022, and 49% of respondents supported an expanded role of Japan in the alliance while 46% were against it. In 2023, Japan’s Maritime Self-Defense Force conducted Indo-Pacific Deployment 2023 (IPD23) to “clearly demonstrate the intention that Japan will never tolerate unilateral changes to the status quo by force” as specified in NSS. The Japanese forces visited 17 countries and held 27 exercises with like-minded countries, highlighting Japan’s intention to expand security ties across the nations with territorial disputes in the South China Sea, and with the ASEAN. In the same year, Japan established a Permanent Joint Headquarters to oversee all three forces – the Ground, Maritime and Air Self-Defense Forces – to ensure effective joint operations. Acknowledging Japan’s growing ambition, in December 2023, Chinese President Xi Jinping instructed the coast guard to strengthen its activities to assert sovereignty over the East China islets. Japan has actively pursued collective defence in Southeast Asia with its introduction of “Official Security Assistance” in February 2023, under which the Philippines was the first to receive aid, followed by Malaysia. Japan also plans to include Vietnam, Indonesia, Thailand, Singapore, and Cambodia. These plans will allow Japan to establish a military-industrial complex, extending the nexus of partnership and interdependency between Japan and Southeast Asia. The changes when seen together with the U.S.-Japan Joint Leaders’ Statement mark a decisive shift in Japan’s strategy to counter China. In an upgrade to the US-Japan alliance, the two parties agreed to establish a unified Japanese-US command, enabling the US to make a headquarters in Japan for overseas military operations in the region. They also agreed upon the co-development and co-production of missiles and cutting-edge technologies in Japan, enhancing its defence industrial complex, and export to third parties. The statement noted Japan’s cooperation with AUKUS in its Pillar II advanced capability projects. The statement also relayed the “existential crisis” facing Japan making these efforts natural, conforming to Japan’s revisions to strategic policy documents. Previously, in 2022, Japan had announced a collaboration with the UK, and Italy to develop next-generation fighter jets and subsequently in March 2024, decided to authorise the export of jointly developed fighter jets to other nations. Cross-strait relations, once dealt with utmost precaution through the lens of the “One-China Policy” have now shifted to a more openly debated foreign and strategic policy surrounding Taiwan. Since 2021, Japanese leaders have made a series of statements and comments concerning Taiwan and the Taiwan Strait. In May 2022 a statement from US-Japan Summit reiterated that “peace and stability across the Taiwan Strait as an indispensable element in security”. In a January 2024 speech, former PM Aso Taro also reiterated that the Taiwan crisis constitutes “a threat of national existence” for Japan. China reacted to former US Speaker Nancy Pelosi’s visit to Taiwan in August 2022 with large-scale military exercises around the island. Four months later in December 2022, Japan released three new strategic documents. Taiwan’s importance to Japan’s security was cited seven times in NSS and NDS. Furthermore, Japan intends to enhance the defence of all of its 6,852 islands, focusing on the Ryukyu Island chains, the cornerstone of Japan’s defence against China, lying only 100 Km from Taiwan, which also tightens security around the island. The deployment of a surface-to-air guided missile unit is now under consideration on Yomaguni, home to a JSDF surveillance station adding to Japan’s understanding of Taiwan’s security tied closely to its own. China’s preferred military scenario of a “lightning war”, or a surprise attack to take over Taiwan within weeks or days, has increased the level of urgency and acted as a precursor for the military acceleration of the past several years. The history of Japanese aggression in East Asia and Chinese military support for North Korea diluted the possibility of a regional framework between Japan, South Korea and China. However, through years of efforts in August 2023, a rapprochement was reached between Japan and South Korea when they met at Camp David for a trilateral summit between US-Japan-South Korea. The trilateral took the first step in removing historical obstacles and proving trust in Japan’s new regional role. South Korea has remained averse to participating in major power competitions, but this trilateral institutionalised the effort, guarding the progress against changes in the political situation in either country. For South Korea, North Korea remains its primary security concern. For Japan, the North remains the second most crucial threat with its launch of an intermediate-range ballistic missile in the Sea of Japan in 2022, provoking cooperation on the same despite fractures. Through the joint statement of the trilateral summit, the US got support from South Korea in recognising the perils of not maintaining peace and security in the Taiwan Strait. South Korea got a much-needed boost in intelligence sharing on North Korea’s missile launches and cyber activities which will strengthen ballistic missile defence cooperation. However, it is unlikely that South Korea will endanger its security by interfering in a cross-strait crisis. It will still play a critical role in keeping North Korea at bay in the event of an armed conflict in the Taiwan Strait or East China Sea. Nevertheless, Taiwan thanked the support shown through the trilateral, while China warned against destabilising the region. Japan stands as one of the Philippines’ most trusted partners, second only to the US. Ties have grown deeper as the two have signed a series of agreements from Military and Capacity Building to Maritime Security and Intelligence Sharing in the Indo-Pacific. In 2023, under Japan’s Official Security Assistance, the Philippines received USD 4 million worth of coastal surveillance radars. The two parties are discussing signing a Reciprocal Access Agreement before the end of 2024. An April 2024 joint statement between Japan, the Philippines and the US prioritised advancing “multilateral maritime domain awareness cooperation”, and developing “an information communications technology ecosystem”. It also committed to trilateral defence cooperation and support for the Philippines’ defence modernisation priorities. The statement noted concerns about China’s aggressive behaviour, its “coercive use of Coast Guard and maritime militia vessels in the South China Sea”, conjoining it with the situation in the East China Sea. It also reiterated the importance of the Taiwan Strait in global security. Under this framework, reliance and trust in Japan have increased, setting it up for a larger security role and the collectivisation of security has brought new assurances for the smaller powers of the region. The Taiwanese President thanked the trilateral joint statement supporting peace and stability across the Taiwan Strait. China, however, slammed the anti-China gathering, accusing it of forming a NATO analogue in the region. China summoned Japanese and Philippine diplomats, expressing dissatisfaction and urging Japan to “take actions beneficial to regional peace”. Beyond South Korea and the Philippines, Japan has also maintained long military and diplomatic relations with Vietnam, having had 10 defence dialogues in the past. Furthermore, Vietnamese President Vo Van Thuong and Japanese Prime Minister Fumio Kishida announced the Vietnam-Japan Comprehensive Strategic Partnership on 27 November 2023. According to their joint statement, Kishida and Thuong reinforced the vision of a “free and open Indo-Pacific”. The US also upgraded its ties with Vietnam in September 2023. These developments led to President Xi Jinping’s visit to Vietnam in December 2023, culminating into an agreement to establish a hotline between the Chinese People’s Liberation Army’s Southern Theatre Command and the Vietnamese navy. But mistrust towards China runs deep in the Vietnamese public, which is furthered when China continues to lay new claims in Vietnamese waters. While Vietnam remains reluctant to participate in US-China conflict, its closeness with Japan is a sign that the latter is seen as a reliable regional partner with similar territorial problems. In a wider regional sense, Japan views ASEAN as its key partner in fulfilling the Indo-Pacific vision. The ASEAN centrality resonates in both the Indo-Pacific Strategy and the US-Japan-South Korea trilateral. Japan maintained close ties with the region through robust economic and defence cooperation. But the latter has gained momentum in the past few years. Beginning with the Philippines in 2016, Japan forged bilateral agreements for defence equipment and technology collaboration with multiple ASEAN nations (with Malaysia in 2018, Indonesia and Vietnam in 2021, and Thailand in 2022). In February 2023, the “Expert Panel for the 50th Year of ASEAN-Japan Friendship and Cooperation” issued a report emphasising that ASEAN has evolved from being primarily an aid recipient from Japan to a growing and influential partner. In December 2023, the ASEAN and Japan summit released a joint statement, committing to “strengthening security cooperation including maritime security” in the light of growing threats in the South China Sea. The statement highlighted the trust ASEAN has in Japan amid China’s growing claims in the South China Sea. This reflects a growing realisation among ASEAN members that collective defence is the answer to their security challenge – which China reacted negatively to. In the face of a major power conflict, the trust of Southeast Asian countries in Japan’s security guarantee has been increasing. A poll conducted in 2022 reflected these sentiments when 43.1% of Taiwanese confirmed their belief that Japan would defend Taiwan in the event of an invasion from China, while 42.8% of citizens felt that the US would be a security guarantor to Taiwan. Surveys undertaken in 2023 and 2024 substantiate the increasing affinity between ASEAN and Japan. While China surpassed the US as the preferred partner for ASEAN, Japan remained the most trusted partner, with 58.9% of respondents expressing faith in the country, surpassing levels for the US, China, India, and the European Union. This suggests that ASEAN is gradually transitioning its geopolitical alignment towards Japan as (at least part of) a viable alternative, rather than seeing things as a binary choice between China and the US. The predominant theme in the understanding of the current security environment in Southeast and East Asia is that, while US assistance and reliance on its security guarantee in the region are essential to counter the so-called China threat, the defence of the maritime nations ultimately rests with those nations themselves. This sentiment has served as a catalyst to address gaps in individual countries’ defence preparedness and work towards a collective approach to protect against potential changes in US strategy – which has evolved into one of enabling regional stakeholders by providing technology, skills, and assistance, while maintaining dominance through other platforms. This has necessitated a collective defence posture where a more interconnected network, involving Japan, can be more resistant to isolation and coercion.

Defense & Security
USA und Nordkorea. Concept fight, War, Business Competition, Summit

Collapse of the Security Council Panel of Experts and the United States' persecutory obsession with the Democratic People's Republic of Korea

by Jesús Aise Sotolongo

한국어로 읽기 Leer en español In Deutsch lesen Gap اقرأ بالعربية Lire en français Читать на русском Regarding Linda Thomas-Greenfield's visit to the Republic of Korea. At the end of last March (March 28th), due to Russia's veto and China's abstention in the UN Security Council, it did not extend the mandate of the Panel of Experts of the Sanctions Committee overseeing the implementation of punitive measures against the Democratic People's Republic of Korea (DPRK). This joint action by two of the global powers in the multilateral body has destabilized Washington, which angrily seeks an alternative that allows it to maintain its persecutory actions. Panel of Experts It is pertinent to detail that 18 years ago, under Resolution 1718 (2006), the Security Council established the Experts Group or Panel of Experts of the Sanctions Committee to oversee penalties imposed on the DPRK, which is comprised of eight specialists. In compliance with Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017), and 2397 (2017), the Experts Group has, among other functions: 1. Assist the Sanctions Committee in executing its mandate, as outlined in paragraph 12 of Resolution 1718 (2006) and paragraph 25 of Resolution 1874 (2009); ● Gather, examine, and analyze information provided by Member States, relevant United Nations bodies, and other stakeholders regarding the implementation of measures, particularly focusing on instances of non-compliance; ● Formulate recommendations on actions that the Council, the Committee, or Member States could consider in order to enhance the implementation of measures; ● Submit a midterm report to the Committee and, following deliberations with it, present such report to the Security Council; ● Assist Member States in preparing and submitting national reports on the implementation of specific measures they have adopted to effectively implement the provisions of relevant resolutions; ● Support the Committee's efforts in further developing, improving, and drafting guidance notes for the implementation of resolutions. The members of the Panel of Experts are appointed by the General Secretary of the United Nations, upon the proposal of the referred Sanctions Committee. Members of the Panel of Experts have specialized expertise in areas such as nuclear issues, control of weapons of mass destruction and conventional arms, customs and export controls, non-proliferation policy, trade, finance and economics, air and maritime transportation, and missile and related technologies. The Security Council has urged all States to fully cooperate with the Panel of Experts, particularly by providing any information they possess regarding the implementation of measures. States are encouraged to respond to all requests promptly and comprehensively for information and to invite the Panel of Experts to conduct visits and investigate alleged violations of the sanction’s regime, including inspecting assets seized by national authorities. Its current mandate will expire on April 30, 2024, in compliance with paragraph 1 of Security Council resolution 2680 (2023). Russia’s veto Moscow defended its veto in the Security Council against the renewal of international sanctions monitoring on Pyongyang, stating that it reflects "its current interests." Russia, with its veto, and China, with its abstention, blocked the renewal of the Panel of Experts, and while the sanctions will remain in effect, these actions paralyze the scrutiny of the experts. Russia's so-called "current interests" sparked varied responses ranging from vehement criticism to concerns and speculation. Criticism focuses on Moscow's position undermining multilateral efforts to monitor measures implemented by Pyongyang that circumvent sanctions aimed at blocking its missile-nuclear development, which, according to critics, has implications for international security. Meanwhile, concerns are directed towards the alleged support that the DPRK receives from its regional allies, (Russia and China) for its missile-nuclear development, countries with marked ideological differences and high levels of conflict with the United States. Meanwhile, speculations refer to Moscow's motivations being linked to the support that Russia receives from Pyongyang in arms and ammunition needed for its military operation in Ukraine. Regardless of criticisms, concerns, and speculations, the reality is that we are witnessing the culmination of a gamble that Russia and China have been making in the Security Council for a long time, proposing various initiatives to ease rather than strengthen the sanctions regime and relax its implementation. Meanwhile, their respective governments have issued official statements blaming US hostility and its allies as the fundamental cause for the DPRK choosing nuclear weapons and their delivery systems as the basis of its national defense and continuing to expand and perfect them. Russia's veto and China's abstention have led to the collapse of a structure that has long been in question for a long time, because it could not prevent violations of sanctions by an increasing number of UN Member States. Additionally, it represents a significant victory for the DPRK, which harbored deep animosity towards the Panel of Experts. Furthermore, it confirms the current state of Russo-North Korean and Sino-North Korean political-diplomatic relations in a context of various armed conflicts, both real and potential, that have been shaking the planet. Opposing positions in the General Assembly On April 12th, 2024, the UN General Assembly discussed Russia's veto. Russian Ambassador to the UN, Vassily Nebenzia, argued that his country exercised the veto because UN sanctions against the DPRK have had no significant effect and have only caused a humanitarian crisis for the North Korean people. Meanwhile, China's alternate representative, Geng Shuang, stated that the Korean War has long ended, but the Cold War is still persisting. He reiterated his country's position that "there will be no resolution of the problems if the security concerns of all parties, including the DPRK, remain unaddressed," calling on all actors to work together to adopt a path to peace. He said that tensions are hindering these efforts, and that dialogue is needed, and the Security Council must play an active role. Using a typically Chinese allegory, he stated that "sanctions should not be carved in stone" and added that "harsh sanctions" against the DPRK have had a negative effect on the humanitarian situation in the country. Regarding Russia's new proposal, he expressed hope that Council members will work productively to extend the mandate of the panel of experts, a phrase that justifies China's abstention rather than a veto. The representative of the Republic of Korea to the UN, Hwang Joon Kook, condemned Russia's veto and criticized the military collaboration between Moscow and Pyongyang. He argued that it was vetoed because "Russia did not want the watchtower, the panel, to light its dark spot." He asserted that the Panel had included in its recent report that it had been investigating reports of the arms agreement between the Russian Federation and the DPRK, which constitute a clear violation of multiple Security Council resolutions. Meanwhile, Robert Wood, alternate representative of the United States, said: "...we need to uphold our obligations." He stated that, as the sponsor of the resolution to extend the work of the Panel of Experts, his delegation had sought a broad compromise and that China and Russia had had ample opportunities to discuss sanctions reform in the council. Instead, Russia gave to the Council members an ultimatum that sought one of two outcomes: to avoid sanctions against the DPRK or to silence the panel's investigations, including Moscow's acquisition of arms from Pyongyang for its ongoing invasion of Ukraine. Russia's veto undermines the architecture of peace and security and deprives action on one of the Council's most pressing issues, that of peace on the Korean Peninsula. "Russia is already threatening to end the mandate of the UN Sanctions Committee that helps the Security Council monitor and take actions to deter threats to international peace and security (...) that is why it is crucial for all of us to raise our voices today in support of the non-proliferation regime, and opposition to the attempts to silence the information, we need to uphold our obligations." Meanwhile, the DPRK ambassador to the UN, Kim Song, said: "The DPRK greatly appreciates the veto by the Russian Federation..." and argued that the Council's sanctions on his country are a product of U.S. hostile policy. "If the DPRK's position of possessing nuclear weapons for self-defense is a threat to international peace and security, as claimed by the United States and its followers, we should first properly discuss why the United States is not considered a threat to international peace and security, even though it is the only country in the world to have used a nuclear weapon..." As can be seen, the contrasts in statements reflect the adversarial positions of the parties most directly involved in the issue. United States seeks for alternatives As expected, Washington immediately began plotting countermeasures in the face of the imminent dissolution of the Group that it had controlled for years. The United States representative to the United Nations, Linda Thomas-Greenfield, during her recent visit to the Republic of Korea, was tasked with addressing this issue, although no concrete proposals were heard. The agenda crafted for the U.S. Ambassador to the UN included several meetings, even with North Korean defectors, and culminated in a visit to the Demilitarized Zone separating the two Koreas, a moment she deemed opportune to express her concern that the DPRK could freely develop missiles without the oversight of the sanctions monitoring body. She stated that Washington is considering "out-of-the-box" options to monitor Pyongyang's compliance with sanctions. "All possibilities are on the table," and her government is "working closely with South Korea and Japan to seek creative and original ways to move forward" in this regard. At the same time, she urged Russia and China to reverse course, to stop rewarding the "misbehavior of the DPRK," and to protect it from sanctions, which allow it to carry out activities on its weapons programs. The diplomat called on Moscow and Beijing to reverse course and urge Pyongyang to choose diplomacy, come to the negotiating table, and engage in constructive dialogue. Considering all possibilities, she stated that it could be within the UN General Assembly, "entities outside of it." We see that Washington is exploring alternative ways to the Group of Experts to continue investigating Pyongyang's sanction violations. During the press conference, Ms. Thomas-Greenfield said, "I look forward to collaborating with both the Republic of Korea and Japan, but also with like-minded countries, to try to develop options both within and outside of the UN. The point here is that we cannot allow the work that the panel of experts was doing to lapse." The U.S. representative to the UN added that Russia and China, which abstained from voting in favor of the extension, will continue to try to block international efforts to maintain monitoring of UN sanctions against the DPRK. She criticized Russia for violating these sanctions with its purchases of North Korean arms and, also China for shielding the North, stating, "I don't expect them to cooperate or agree with any effort we make to find another path, but that won't stop us from finding that path in the future." Recently, Marcus Noland, Executive Vice President and Director of Studies at the Peterson Institute for International Economics and an expert on Korean affairs, has proposed: ● That the UN General Assembly plays a more significant role in maintaining pressure on Pyongyang's nuclear weapons programs. This proposal emerged amid the debate over Russia's veto of a resolution to extend the mandate of the panel of experts monitoring sanctions on the DPRK. ● The Proliferation Security Initiative (PSI), launched on May 31st, 2003, during the George W. Bush era, represents a coalition outside the UN framework, composed of 112 members so far. It aims to stop the trafficking of weapons of mass destruction, their delivery systems, and related materials to and from States and non-State actors of proliferation concern. This initiative is part of the foundations of the global regime against the proliferation of weapons of mass destruction and has maintained strong support as a presidential priority in each of the US’s administrations since its inception. It is known that Washington, in its attempt to ensure the diversification of tools to stop the proliferation of weapons of mass destruction and, apparently, foreseeing the eventual deactivation of the Panel of Experts, is seeking to strengthen and expand the PSI. Its active role in this direction involves contributing with experts, diplomats, financiers, military personnel, customs officials, and police; organizing meetings, workshops, and exercises with other States supporting the PSI; and working with specific partner States to enhance their capacity to combat the proliferation of weapons of mass destruction. ● Following the example of the United States and South Korea, who recently launched an Enhanced Disruption Working Group and jointly sanctioned six individuals and two entities based in Russia, China, and the United Arab Emirates for supporting the DPRK's weapons of mass destruction programs. According to the expert, in the absence of the Panel of Experts, these sanction’s activities can be expanded and could involve countries allied with the United States. ● Utilization of the Egmont Group, a state-led network of financial intelligence units with 174 members that shares information and collaborates on illicit financial activities. It does not have a mandate in the sanctions area, but that does not mean it cannot be granted one, and if so, the Group could assume an intensified role in monitoring North Korea's sanctions evasion in the financial sphere. The pronouncements of the US Ambassador to the UN at the DMZ suggest that the US State Department is paying attention to Marcus Noland's proposals, which, so far, are identified as the most precise ones that have emerged. However, for now, except for the UN General Assembly, which, due to its plurality, is not likely to be able to assume supervisory functions, the rest of the alternatives lack the authority of the UN as the Panel of Experts of the Sanctions Committee had. Some considerations As the DPRK strengthened its missile and nuclear capabilities, casting doubt on the effectiveness of the sanction’s regime and the performance of the Sanctions Committee's Panel of Experts, this monitoring instrument of the Security Council appeared increasingly biased and uncompromising. Despite Washington and its top allies were intensifying their demands on the State Members to comply with the measures included in the resolutions, many governments avoided implementing the sanctions or did so only partially, in addition, they often failed to submit their reports. The calls from the Chairman of the Sanctions Committee for all Member States to submit their national reports on the implementation of the resolutions comprising the sanction's regime were becoming more frequent, with representatives being reminded that these reports are mandatory. Of all the UN Member States, fewer and fewer delegations were submitting their reports, and some never did. To mitigate the apathy, the Committee held meetings with Regional Groups to ascertain the technical assistance and training needs of Member States for the effective implementation of Security Council resolutions at the national level. It became evident that the most determined to challenge the Panel of Experts were Russia and China, which in the multilateral arena deployed various initiatives to ease the sanctions regime and vetoed new resolutions, while at the same time, they relativized their application bilaterally. Everything seems to indicate that Moscow and Beijing were gauging the "loophole" through which to penetrate and cause the implosion of the Panel of Experts and saw the opportunity by vetoing its extension, which will take effect on April 30. We are witnessing exasperated actions from Washington and its top allies to at least attempt to maintain oversight to contain the nuclearization of the DPRK when they have been unable to do so through other means. However, at the same time, it is observed that the main powers in conflict with the United States are aligned with Pyongyang on various fronts, including the multilateral space, something that is strategically very favorable for all three parties. References Agustín Menéndez. Matando al mensajero: sobre Corea del Norte y las Naciones Unidas – Reporte Asia. Disponible en: https://reporteasia.com/opinion/2024/04/16/matando-mensajero-corea-del-norte-naciones-unidas/ Marcus Noland. Hobbling sanctions on North Korea: Russia and the demise of the UN’s Panel of Experts. Disponible en: https://www.piie.com/blogs/realtime-economics/2024/hobbling-sanctions-north-korea-russia-and-demise-uns-panel-experts Chad O´Carroll. UN General Assembly could monitor North Korea Sanctions, Countries Suggest. Disponible en: https://www.nknews.org/2024/04/un-general-assembly-could-monitor-north-korea-sanctions-countries-suggest/ KBS WORLD. S. Korea Envoy: Russia Vetoed UN Panel Extension to Hide it´s ´Dark Spot´. Disponible en: https://world.kbs.co.kr/service/news_view.htm?lang=e&Seq_Code=184836 UN News General Assembly debates Russia´s veto of DPR Korea sanction Panel. Disponible en: https://news.un.org/en/story/2024/04/1148431 Newsroom Infobae. La embajadora de EEUU ante la ONU visita la Zona Desmilitarizada entre las dos Coreas. Disponible en: https://www.infobae.com/america/agencias/2024/04/16/la-embajadora-de-eeuu-ante-la-onu-visita-la-zona-desmilitarizada-entre-las-dos-coreas/ Ifang Bremer. US exploring alternatives to North Korea sanction panel in and out of UN: Envoy. Disponible en: https://www.nknews.org/2024/04/us-exploring-alternatives-to-north-korea-sanctions-panel-in-and-out-of-un-envoy/ Kim Tong Hyung. Envoy says US determined to monitor North Korea nukes, through UN or otherwise. Disponible en:https://apnews.com/article/us-north-korea-un-sanctions-monitoring-panel-experts-2064dd5d479a672711945f2c6aa6f1 United States Mission to the United Nations. Readout of Ambassador Linda Thomas Greenfield´s Meeting with Young North Korean Escapees in the-Republic-of-Korea. Disponible en: https://usun.usmission.gov/readout-of-ambassador-linda-thomas-greenfields-meeting-with-young-north-korean-escapees-in-the-republic-of-korea/ Korea Times. US to seek ways to continue sanction monitoring on NK despite uncooperative Russia, China: Envoy. Disponible en: https://m.koreatimes.co.kr/pages/article.asp?newsIdx=372893 United Nations. Security Council Fail to Extend Mandate for Expert Panel Assisting Sanction Committee on Democratic People´s Republic of Korea. Disponible en: https://press.un.org/en/2024/sc15648.doc.htm U.S. DEPARTMENT of STATE. Proliferation Security Initiative. About the Proliferation Security Initiative. Disponible en: http://www.state.gov/proliferation-security-initiative EGMONT GROUP OF FINANCIAL INTELLIGENCE UNITS. Disponible en: https://egmontgroup.org/

Diplomacy
Toy train connecting Europa and China. Symbolizing the New Silk Road or one belt one road Chinese strategic investment in the 21st century. Economic project to connect EU, Central Asia and China

China’s Belt and Road Initiative at a crucial juncture

by Girish Luthra

With US-China rivalry and concerns over the long-term viability of the BRI growing, the third Belt and Road Forum will have much to manoeuvre should it take place this year  In July this year, total investments under China’s Belt and Road Initiative (BRI) crossed a significant landmark of US$1 trillion. The release of BRI data for the first half of 2023 was accompanied by reports that the third BRI forum is being planned to be held in China at the end of 2023. With the stature of being the highest-level gathering of participating countries, the forum is meant to showcase a collaborative approach towards implementation of the BRI, in addition to highlighting progress made and changes planned in its overall direction. The next forum will be the first in the post-pandemic period, after a gap of nearly four-and-a-half years. The road travelled The BRI rapidly gained momentum after its launch in 2013 (initially launched under the title One Belt One Road, which was changed to BRI in 2015 to stress collaboration and inclusivity). There was a sharp increase in the number of projects announced, total investments committed and executed, and the number of countries joining as partners (with the current number at over 150). The geographical scope of BRI also expanded significantly, transforming it from a regional to a near-global initiative, in both of its components—the continental Silk Road Economic Belt, and the maritime Silk Road. China stressed that BRI was a new model for partnership, trade and integration that was free from hegemonic pressures and conditions. In the second half of its decade-old existence, China started to highlight that the principles of multilateralism, environment and sustainability were embedded in the BRI. The importance of BRI for China has been such that it was included in the Chinese Communist Party’s (CCP) constitution in 2017 and in China’s 14th Five-Year Plan issued in 2021. Before the world was struck by the COVID-19 pandemic, the BRI appeared to be moving at a rapid pace, although numerous problems associated with it had already become evident. Headwinds for BRI  The BRI faced criticism for its underlying objectives of gaining strategic influence through developmental footprint, leveraging assistance for basing and access rights, aggressively linking different regions with Sino-centric value chains, inadequate attention to local needs, lack of transparency, disregard for sovereignty, adverse environmental impact, corruption, and lack of sound financial oversight. In some cases, like the port project in Sri Lanka and the rail project in Kenya, the utilisation and revenues turned out to be well below the initial estimates. The term ‘debt diplomacy’ became popular in reference to the BRI after cases of high debt risk in some partner countries, including Pakistan, Laos, Sri Lanka, Zambia, and Mongolia, became increasingly evident. In some cases, China provided additional lending, while in others, it offered currency swap lines for debt restructuring. Notwithstanding, negative perceptions about the BRI expanded slowly, with some partner countries becoming less enthusiastic about these projects, resulting in a changed stance. New connectivity and infrastructure projects launched by the United States (US), the European Union (EU), the G7, Japan, Australia, India, and others took time to gain cohesion and substance, and have started to take concrete shape post-pandemic. Partnership for Global Infrastructure and Investment (G7), the Global Gateway (EU), the Quality Infrastructure Investment Programme (Japan), and other such initiatives now offer alternatives to the BRI with different structures and processes. These and many linked initiatives have added to the challenges for the BRI, though their ability to rival the BRI in scale is yet to be established. The recent slowing down of the Chinese economy presents another key challenge to the BRI. In the face of high unemployment, a sticky consumer demand, lower trade and growth data, and concerns about the financial health of some big companies, China is being forced to look inwards.  This is also important from the point of view of the stated Chinese strategy of ‘dual circulation’, which links the domestic economy with external trade and investment. In the initial phase, China funded overseas projects under BRI through its policy banks, the China Development Bank, the Export-Import Bank of China, and specialised investment funds having the participation of public and private financing institutions. It adopted a new model of leveraging its foreign exchange reserves (currently at about US$3.2 trillion) to capitalise its state banks and sovereign funds. It subsequently diversified into other financing channels that include equity investment funds, sovereign development funds, private equity (PE) funds, and joint (with local investors) investment funds. As of October 2020, more than 70 percent of commitments undertaken by the Silk Road Fund were in the form of equity, with a medium- to long-term investment horizon akin to a PE firm. The capacity of many of these channels is linked with sustained economic growth and the overall health of the financial and banking sector. With very high levels of debt—some estimates suggest that the overall debt of China has crossed 300 percent of GDP—and new reports of bad loans, the BRI investments are likely to see increased scrutiny and lower risk appetite.  The BRI Forum The Belt and Road Forum for International Cooperation (BRF) was started by China as a platform for collaboration and networking that would periodically review the broad direction of the BRI, finalise its action agenda, and announce new frameworks and agreements. The first BRF was held in May 2017, and was attended by 29 heads of state, delegates from 30 countries, and representatives from 70 international organisations. The focus was to showcase cooperation and consultation. The Chinese President announced that China would allocate more resources and financial support, and several new agreements and projects were unveiled. The UN Secretary-General, addressing the first forum, praised the BRI as “rooted in a shared vision for global development” and linked it with the UN Sustainable Development Goals 2030. By all accounts, the first BRF was highly successful. The second BRF was held in April 2019 and attended by 37 heads of state, a higher number than the first BRF. However, the geopolitical environment had changed significantly, with the US having labelled China as a “revisionist power” and the EU having labelled it as a “systemic rival”. The trade and tariff friction between the US and China had started to evolve, and criticism of BRI projects—including on aspects related to financial terms, debt, local participation, and adverse environmental impacts—had started to grow. Accordingly, the second BRF emphasised consultative mechanisms, high quality and environmental standards, clean and green projects, and improved financial management. A debt sustainability framework, zero tolerance for corruption, and several documents outlining some key principles and deliverables were released. In addition to keeping up the momentum, the focus was also on image makeovers in response to various criticisms. China conveyed that the BRI was adaptive, and the broader assessments in different countries concluded that the BRI was here to stay for a long time. The Third BRI Forum amid a critical phase  The geopolitical and geo-economic shifts between the first two BRFs pale in comparison to those between the second and the anticipated third BRF. With the downward spiral in US-China ties and the unfolding strategic competition, the deterioration in the security environment, the precarious global trade and economic situation, the emergence of new partnerships and alliances, the focus on resilience related to technology and supply chains, and the new emphasis on ‘trust’, the third BRF faces a formidable challenge to reposition the BRI. The BRI itself has been facing some major headwinds, which have been exacerbated by China’s domestic economic problems. As 60 percent of China’s loans are in countries facing debt distress, there may be increased demands for waivers or restructuring at the forum. Given the new environment and re-evaluation by some partner countries, the participation—both in level and numbers—in the third BRF will be keenly watched. This will be a key input for China to schedule and conduct the event and to emphasise that the BRI continues to retain its appeal and enjoys widespread support, despite numerous challenges. For China, the BRI is too important to be allowed to move lower in its national priority. Some trimming of the number of projects and amount of investment is likely, and China may take up smaller projects overseas with enhanced scrutiny and oversight. China must, however, showcase the BRI as a success story whose continuation is in the interest of the entire global community. The third BRF will thus go ahead only if China is confident of a successful event and is able to put forward a plan and narrative that displays its resolve and ability to deal with some major headwinds at a very crucial juncture.

Defense & Security
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Why China Supports the Southeast Asia Nuclear Weapon-Free Zone

by Hoang Thi Ha

Since 1999, China has expressed its readiness to sign the SEANWFZ Protocol and is the only Nuclear Weapon State willing to do so without reservations. This Long Read explores China’s strategic considerations behind this stance. INTRODUCTION The Southeast Asia Nuclear Weapon-Free Zone (SEANWFZ) or Bangkok Treaty was signed on 15 December 1995 by the ten Southeast Asian states and entered into force on 28 March 1997. The States Parties to the Treaty are therewith obliged to ensure peaceful use of nuclear energy, and not to develop or acquire nuclear weapons, test nuclear explosive devices, or dump radioactive wastes within the zone. The Treaty includes a Protocol that is open to accession by the five recognised Nuclear Weapon States (NWS or P5), namely China, France, Russia, the United Kingdom (UK) and the United States (US), whose support and recognition are critical to the efficacy of SEANWFZ. The NWSs’ accession to the Protocol would entail their obligation to respect the Treaty, refrain from acts that may violate the Treaty, and provide negative security assurances (NSA), i.e., not use or threaten to use nuclear weapons against the SEANWFZ States Parties and within the zone. SEANWFZ is one of five nuclear weapon-free zones (NWFZ), which are seen as providing “the regional pathway” towards the ultimate goal of a nuclear weapon-free world. SEANWFZ was also considered an interim measure towards achieving the 1971 Zone of Peace, Freedom and Neutrality (ZOPFAN). Spearheaded by Malaysia, ZOPFAN aimed to achieve a Southeast Asia “free from any form or manner of interference by outside powers” but its realisation has been elusive, given that Southeast Asia is historically and geographically intertwined with the major powers’ strategic interests, and some regional states still maintain security alliances or close security ties with external powers. ZOPFAN’s ahistorical idealism was embedded in SEANWFZ’s key provisions regarding its expansive geographical coverage and the extensive scope of the NSA. This is the underlying reason for the lack of progress in getting the P5 – except China – to sign its Protocol up to now. China has been an outlier among the P5 in that it has expressed its intent to sign the Protocol since the late 1990s, shortly after the Treaty’s entry into force. The regional security environment has since deteriorated drastically with the intensification of US-China strategic tensions. Yet, China’s interest in SEANWFZ remains strong, and arguably has even increased as it sees itself as the target of a US-led strategy of “containment, encirclement and suppression”. This Perspective examines the legal and geopolitical intricacies of SEANWFZ that underlie China’s longstanding willingness to sign its Protocol in contrast to other NWSs. It argues that beyond non-proliferation considerations, supporting SEANWFZ serves China’s security interests amid its heightened tensions with the US and its allies. THE LONG JOURNEY OF GETTING THE P5 TO SIGN THE PROTOCOL The SEANWFZ States Parties – which are also the ten ASEAN member states – have held many consultations with the NWSs to persuade the latter to accede to the Protocol. The NWSs have objections and concerns regarding some substantive provisions of the Treaty and its Protocol (Table 1). • Expansive geographical scope Article 2 of the SEANWFZ Treaty states that the Treaty and its Protocol shall apply to the territories, exclusive economic zones (EEZ) and continental shelves (CS) of its States Parties. The inclusion of EEZ and CS is a unique feature of SEANWFZ that exceeds the standard coverage of only territories as in other NWFZs. It also goes beyond the 1982 United Nations Convention on the Law of the Sea (UNCLOS) which prescribes the sovereign rights of a coastal state only with respect to the living and non-living resources in its EEZ and CS. The legal regime of EEZ and CS under UNCLOS is a delicate balance between the rights of coastal states and the freedoms of ocean user states. It remains a subject of contention between the majority of UN members, which hold that all states have the right to conduct military operations in any EEZ, and a minority of around 20 states (including China and some Southeast Asian states such as Indonesia, Malaysia and Thailand), which impose restrictions on military operations by foreign powers in their EEZ. The inclusion of EEZ and CS in the geographical coverage of SEANWFZ is even more problematic due to the unresolved competing territorial and maritime claims in the South China Sea (SCS) among some Southeast Asian states and China. • Port visits and transit rights Article 3.2 of the Treaty forbids a State Party from developing, manufacturing, possessing, having control over, stationing, transporting, testing or using nuclear weapons. The US, UK and France maintain that there is a conflict between this article and Article 7 on the prerogative of a State Party to allow visits by foreign ships/aircraft to its ports/airfields or their transit in its territorial sea. These NWSs want to ensure that the Treaty would not impinge on their port visits and transit rights in the region (since these NWSs maintain the policy to neither confirm nor deny [NCND] the presence of nuclear weapons at a given location, the possibility that their visiting/transiting ships/aircraft in the region are nuclear-armed cannot be entirely ruled out). They insist on a clarification to ensure that Article 7 takes precedence over Article 3.2.• Extensive negative security assurances The NSA clause in the SEANWFZ Protocol requires that the NWSs commit not to use or threaten to use nuclear weapons against any SEANWFZ State Party and not to use or threaten to use nuclear weapons within the zone. The latter part – “within the zone” – is problematic to the NWSs on two levels. First, the geographical application of SEANWFZ is not only expansive (involving the EEZ and CS of its States Parties) but also indeterminate (because of the territorial and maritime disputes in the SCS). Second, it would mean that an NWS cannot use nuclear weapons against another NWS within this expansive and indeterminate zone and cannot use nuclear weapons from within this expansive and indeterminate zone against targets outside the zone. This is well beyond the NSA that the NWSs traditionally extend to other NWFZs, which is limited to not using or threatening to use nuclear weapons against the territories of the zonal countries. • China’s sovereignty and maritime interests Unlike France, Russia, the UK and the US (the P4), China rarely stakes out its position with regard to the above-mentioned outstanding issues. China’s only stated concern vis-à-vis SEANWFZ is that the Treaty and its Protocol might contradict or undermine its territorial and maritime rights and interests in the SCS. To address this concern, during the consultations in 2010-2012, the SEANWFZ States Parties and China agreed that they would sign a Memorandum of Understanding (MoU) stating that the Treaty and its Protocol shall not affect their respective territories, EEZ and CS. Table 1: Outstanding Issues Regarding NWS’s Accession to the SEANWFZ Protocol Source: Author Despite several consultations between the SEANWFZ States Parties and the P5 held in the late 1990s and early 2000s, these outstanding issues were not resolved, and the matter was put on the backburner. The momentum to get the P5 to sign the Protocol was revived in 2010-2011, in part due to the importance that the Obama administration accorded to strengthening the international non-proliferation regime. To address the outstanding issues, the SEANWFZ States Parties and the P5 negotiated a revised Protocol to the effect that: (i) in the EEZ and CS of the SEANWFZ States Parties, the P5 shall adhere to only Article 3.3 of the Treaty that bans the dumping of radioactive material/wastes; (ii) the SEANWFZ States Parties shall retain the prerogative to allow port visits and transit of foreign ships/aircraft pursuant to Article 7; and (iii) the P5’s NSA commitment shall be limited to not using or threatening to use nuclear weapons against the SEANWFZ States Parties. The scheduled signing of the revised Protocol by the P5 in July 2012 was forestalled by the reservations lodged at the eleventh hour by France, Russia and the UK. Some reservations by France or the UK state that accession to the Protocol shall not impair a NWS’ right of self-defence; a NWS can retract/review its obligations vis-à-vis a SEANWFZ State Party that ceases to be a party to the NPT, or breaches its non-proliferation obligations under the SEANWFZ Treaty, or develops other weapons of mass destruction. The most controversial reservation was made by Russia, which stated that it would not consider itself bound by the Protocol if a Southeast Asian state allowed foreign ships/aircraft carrying nuclear weapons to enter its territorial waters/airspace or to visit its ports/airfields. Given the NCND policy of some NWSs, the Russian reservation would put undue pressure on the SEANWFZ States Parties and challenge their prerogative to exercise their rights under Article 7. Due to the objection of some SEANWFZ States Parties to some or all of these reservations, the P5’s accession to the Protocol was put on hold, and the issue has been in hiatus since 2012. CHINA’S POSITION AND INTEREST VIS-À-VIZ SEANWFZ China’s readiness to sign the Protocol is a longstanding position that was registered as early as 1999. Beijing has indicated on various occasions that it is willing to be the first NWS to sign the Protocol, and to do so without reservations. The Chinese intent was reiterated by Chinese Foreign Minister Qin Gang during his meeting with the ASEAN secretary-general in March 2023. This article argues that China adopts a favourable approach towards SEANWFZ because the Treaty fits in with its nuclear doctrine and national security strategy, and accession to the Protocol could provide both geostrategic and diplomatic dividends for China. China’s No First Use policy China’s nuclear doctrine has been evolving in keeping with its growing nuclear capabilities and the changes in its external security environment. Yet, it still retains the self-defensive posture and the policy of unconditional No First Use (NFU) of nuclear weapons, which is reiterated in China’s 2019 Defence White Paper: “China is always committed to a nuclear policy of no first use of nuclear weapons at any time and under any circumstances, and not using or threatening to use nuclear weaponsagainst non-nuclear-weapon states or nuclear-weapon-free zones unconditionally (emphasis added).” To China’s credit, it is the only P5 country maintaining an unconditional NFU policy, which makes the Chinese nuclear doctrine less aggressive than those of other NWSs. Since China’s NSA commitment to Southeast Asian countries is well within the bounds of its NFU policy, its accession to the Protocol is more straightforward than that of the P4. China’s sea-based nuclear force China’s self-defensive nuclear policy seeks to maintain a “lean and effective” nuclear deterrence based on first-strike survival and second-strike capabilities. In the nuclear triad of an NWS – i.e., land-based nuclear missiles, strategic bombers, and ballistic missile submarines (SSBNs) – SSBNs are considered “the primary guarantor of second-strike capabilities” given their advantages in stealth and survivability. However, noisiness is the Achilles’ heel of Chinese SSBNs – from the Type 092 Xia-class in the 1970s-1990s to the newer Type 094 Jin-class – which makes them vulnerable to anti-submarine warfare and limits their ability to navigate far beyond the Chinese shores. It should be noted that the Chinese submarine fleet is home-ported at Yulin Naval Base on Hainan Island in the SCS; given its expansive claims in the SCS, China could justify the presence and operations of its SSBNs in these waters as falling well within its sovereignty and jurisdiction. Meanwhile, if the P4 respected the expansive geographic coverage of the SEANWFZ Treaty and the extensive NSA in the original Protocol – which is extremely unlikely, if not impossible – it would significantly undercut the deployment of their nuclear assets – particularly SSBNs – in a large swathe of maritime area in China’s southern vicinity, which would in turn enhance China’s strategic security and the defence of its sea-based nuclear deterrence. China’s anti-access/area-denial strategy China’s support for SEANWFZ is rooted in the strategic assessment that such an extended zone – if implemented – would contribute to the country’s anti-access/area-denial (A2/AD) strategy which is aimed at denying the military power projection of superior adversaries in China’s near neighbourhood. Apart from investing in anti-ship, anti-air, anti-ballistic weapons and anti-submarine capabilities for its A2/AD system, China has also fostered regional arrangements and agreements that could be leveraged to delegitimise or discredit the military presence of foreign powers in the region. These include the SEANWFZ Treaty, as well as China’s proposal for a treaty on good neighbourliness, friendship and cooperation with ASEAN, China’s attempt to prevent Southeast Asian countries from conducting military exercises with foreign powers through a code of conduct in the SCS (COC), and its recent Global Security Initiative that embraces the ‘indivisible security’ concept. China’s sovereignty and maritime claims in the SCS Theoretically, if all NWSs accede to the SEANWFZ Protocol, they would be bound by the same legal obligations therein. However, the strategic security effect for the P4 and China would be significantly different because only the latter is located within the region. While the P4 are concerned about the undefined geographical scope of the zone due to the ongoing territorial and maritime disputes in the SCS, such ambiguity may work to China’s advantage. China has excessive sovereignty and maritime claims within its Nine-Dash Line that covers around 90% of the SCS. The coverage of China’s claims has been extended further with its ‘Four Sha’ concept whereby China asserts all maritime zones, including internal waters, territorial seas, contiguous zone, EEZ and CS, based on the so-called “four outlying archipelagos” in the SCS (Pratas, Paracels, Spratlys and Macclesfield Bank), which it is not allowed to do under UNCLOS as a continental state. China has demanded that an MoU be signed to ensure that neither the Treaty nor the Protocol shall affect its territory and maritime entitlements. This would effectively guarantee China’s free hand in defining the geographical scope of SEANWFZ in a flexible and selective manner that best serves its interests. For example, China may challenge nuclear deployments of other NWSs in the zone as violations of SEANWFZ but it can justify the presence of its nuclear assets in the zone on the grounds that such deployment takes place within China’s (claimed) territory and jurisdiction. Responsible nuclear weapon state discourse Since France, Russia, the UK and the US do not accept the extraordinary terms of the SEANWFZ Treaty and its original Protocol regarding the inclusion of EEZ and CS and the NSA commitment within the zone, SEANFWZ has no legal effect in preventing these countries from deploying their nuclear assets in regional waters beyond the territories of its States Parties. However, by signalling its readiness to sign the Protocol first and without reservations, China can turn SEANWFZ into a discursive and political weapon to project itself as a responsible nuclear power and claim the moral high ground in criticising the nuclear policy of the US and its allies as well as their nuclear assets in regional waters. Hence, SEANWFZ – and China’s interest in signing its Protocol – has gained greater salience in China’s regional diplomacy after the launch of the Australia-UK-US (AUKUS) tripartite security partnership in 2021, which aims to provide Australia with nuclear-powered (but conventionally armed) attack submarines. The Chinese government believes that AUKUS would “form an underwater military encirclement against China”. It has also argued that AUKUS violates the nuclear non-proliferation regime and has invoked SEANWFZ to criticise the deal. In March 2023, the Chinese foreign ministry spokesperson said that AUKUS “undercuts ASEAN countries’ effort to establish SEANWFZ and seriously undermines the ASEAN-centred regional cooperation architecture in East Asia”. Chinese commentaries state that China’s willingness to sign the Protocol is a manifestation of its “due responsibility as a major power that seeks peaceful development” and contrasts its position with the “irresponsible behaviours of the AUKUS countries”. CONCLUSION The SEANWFZ States Parties maintain a longstanding position that all outstanding issues with the NWSs should be resolved in a ‘package deal’ so as to enable their accession to the Protocol concurrently. Therefore, China has not been able to sign the Protocol despite its express intent to do so for decades. However, the rapidly deteriorating global strategic environment may warrant a rethink by the SEANWFZ States Parties on the ‘package deal’. The US and Russia – the two largest nuclear powers – have taken steps to walk back from their arms control obligations, including US withdrawal from the Intermediate-Range Nuclear Forces (INF) Treaty and Russia’s suspension of its participation in the New START. Closer to home in East Asia, the race to develop nuclear capabilities is gathering pace. China is expanding and upgrading its nuclear arsenal and may become an atomic peer of the US and Russia by the 2030s, according to the US’ 2022 Nuclear Posture Review. America’s withdrawal from the INF raises the concern that Washington may introduce short-range ballistic and cruise missiles in Asia. The US’ Asian allies, while stopping short of developing nuclear weapons, are re-arming themselves to deal with nuclear threats (Australia with nuclear-powered attack submarines, Japan with counter-strike capabilities, and South Korea with submarine-launched ballistic missiles and its public debate on the need to acquire nuclear weapons). They are also seeking to consolidate the US’ nuclear deterrence umbrella in the region. Most ominously, Russia’s nuclear blackmail in its war against Ukraine draws home the vulnerabilities of non-nuclear-weapon states in the face of great-power bullying. Against this backdrop – and with China’s diplomatic activism – the SEANWFZ States Parties may drop the ‘package deal’ approach to pave the way for China’s accession to the Protocol. After all, it is a common practice that NWSs accede to other NWFZs’ protocols at different points of time. Apart from China’s NSA – which is already covered under its NFU policy – China’s accession would add a legal guarantee that it would not dump radioactive wastes in the zone, exert political pressure on other NWSs to follow suit, and raise the profile of SEANWFZ at a time when “the risk of nuclear weapons use is higher than at any time since the Cold War”. Yet, China’s accession would raise several legal and policy questions for the SEANWFZ States Parties. First, should China sign the original Protocol or the revised Protocol? Since the original is a non-starter for the remaining NWSs, using the revised Protocol would minimise legal complications when the SEANWFZ States Parties re-negotiate with them in the future. It is also important to ponder the implications of the above-mentioned MoU which would give China a free hand in defining the geographical scope of SEANWFZ in ways that serve its interests, possibly at the expense of those of SEANWFZ States Parties and other NWSs. Last but not least, China’s accession to the Protocol would be a strategic and diplomatic win for Beijing in its enduring quest to displace external military power from the region. In the final analysis, China values SEANWFZ not only because it is a regional non-proliferation regime per se but because its terms serve China’s strategic security in discrediting the nuclear forward deployment by foreign powers in China’s near neighbourhood. Now, as before, SEANWFZ States Parties remain confronted with the chasm between their nuclear weapon-free aspirations and their security interests from a balance of power in the region. This is as much a problem of strategic incoherence among the States Parties themselves as it is about their substantive differences with the NWSs.