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Energy & Economics
Export in Chains

Export bans and inter-state tensions: The need for a revised WTO export bans framework to address worrying state behaviour at the peak of the pandemic

by Dr. Seebal Aboudounya

Please note that this article is only available in English. Abstract: During the peak of the Coronavirus (SARS-CoV-2) pandemic, some states imposed export bans on medical goods to prevent their exportation during the emergency situation brought about by the Covid-19 pandemic. However, the manner in which this policy was applied caused much discontent especially between neighbouring countries and allies, particularly due to the confiscation of pre-ordered goods destined for countries also experiencing a crisis situation. This paper analyses the rise of inter-state tensions due to export bans at the peak of the pandemic and calls for the need to revise the World Trade Organization’s (WTO) export bans framework which currently contains a number of gaps exacerbating the problem and leaving a legal gap. The paper discusses those gaps in the WTO’s legal framework and highlights the areas in need of revision to avoid repeating the troubles of the past pandemic. Introduction Faced with political pressure and an extraordinary situation during the Coronavirus (SARS-CoV-2) pandemic, some countries resorted to the use of export bans as a tool to ensure that they have enough medical supplies for their population. However, their use of export bans also involved the confiscation of medical goods destined for delivery to their neighbours and allies. Such behaviour provoked discontent among those states expecting the delivery of their ordered medical supplies which were urgently needed as the death-toll from Covid-19 was sharply rising. This article starts by explaining the instances where confiscations using export bans occurred, namely between the United States and Germany, the US and Barbados as well as France and the United Kingdom. The paper also discusses the ‘near misses’ involving some European states where the export bans were initially used to confiscate the goods of other European countries, but then those goods were ultimately allowed to be delivered abroad to their delivery location. The discussion then shifts to the international legal framework of the World Trade Organization (WTO) governing the use of export bans and then shows how this legal framework is flawed in certain areas as it contains some gaps that may be exploited for conducting unconstrained confiscation operations. An overview of existing studies on export bans then reveals that this policy is already harmful in several ways (Evenett 2020a; Bown 2020; Barichello 2020). The article then ends with a concluding discussion emphasising how export bans are particularly harmful when used in relation to pre-ordered goods and reiterating the need for a revised WTO legal framework on export bans. Incidents of confiscations using export bans The three incidents below all occurred during the peak of the covid pandemic in 2020 when countries faced life and death situations. The three cases also involved the use of export bans to justify the confiscation of medical goods pre-ordered by other states. US vs Germany This incident occurred on 3rd April 2020 involving the United States and Germany (Crump 2020). This particular event captured a lot of media attention and included the release of high-level statements from both sides, with accusations of “modern piracy” being directed towards the US (BBC 2020a). The main issue here was that approximately 200,000 N95 masks that Germany had ordered for its police force were diverted to the United States (Selinger 2020). The masks shipment dispatched from China from an American company was diverted to the US during a transfer between planes in Thailand (Selinger 2020). Germany stated that the masks were confiscated in Bangkok by American officials and that those masks were ordered from a US producer (Crump 2020; DW 2020). The next day, the US company 3M denied Germany’s claims and told a German news agency that it did not have any paperwork regarding a shipment for Germany (DW 2020). However, Germany had made it clear on 3rd April that it had ordered and paid for those urgently needed masks from a US company (Berlin 2020). In fact, Germany referred to earlier accusations made by French officials against the US for buying France’s masks in China and added that “the U.S. administration has obliged the American conglomerate 3M by law to supply the U.S. with as many N95 respiratory masks as possible, such as those used in hospitals” and that “the group also manufactures in China” (Berlin 2020a). Significantly, the media was already reporting how the American company 3M “has been prohibited from exporting its medical products to other countries under a Korean-War-era law invoked by President Donald Trump” (BBC 2020a). The BBC (2020a) added that “on Friday [3rd April], Mr Trump said he was using the Defence Production Act (DPA) to demand that US firms provide more medical supplies to meet domestic demand”. Zooming in on Trump’s official statements during the Coronavirus Task Force Press Briefing reveals significant information when he stated that:  I’m also signing a directive invoking the Defense Production Act to prohibit export of scarce health and medical supplies by unscrupulous actors and profiteers. The security and Secretary — the Secretary of Homeland Security will work with FEMA to prevent the export of N95 respirators, surgical masks, gloves, and other personal protective equipment. We need these items immediately for domestic use. We have to have them. […] We’ve already leveraged the DPA to stop the hoarding and price gouging of crucial supplies. Under that authority, this week, the Department of Health and Human Services, working with the Department of Justice, took custody of nearly 200,000 N95 respirators, 130,000 surgical masks, 600,000 gloves, as well as bottles — many, many, many bottles — and disinfectant sprays that were being hoarded (Whitehouse 2020, emphasis added).  Trump’s statements are important because they include the significant number of 200,000. Although Trump did not specify where those 200,000 N95 were confiscated from, the number remains important (BBC 2020a); it is the same number of masks that Germany reported. More importantly, the official statement also supports the fact that the DPA was used as a tool for confiscating goods. Trump’s statements describe these good as being ‘hoarded’ prior to their confiscation, however, the statements from Germany’s side indicate that those masks were intended for the German people. As significant as Trump’s statements were the ones made by Berlin’s Interior Senator who blamed the US for the confiscation of the N95 masks (DW 2020). In fact, he stated that:  We consider this an act of modern piracy. This is not how you deal with transatlantic partners. Even in times of global crisis, there should be no wild west methods. I urge the federal government to urge the United States to comply with international rules (Berlin 2020b; BBC 2020a).  As such, this incident saw direct statements from the German side, indicating that Germany saw the US’ behavior as deviating from international rules. Yet despite Trump’s statements in the press briefing, he directly addressed the German incident, denying the claims by saying that “there has been no act of piracy” (Crump 2020). Similarly, the spokeswoman for the American embassy in Bangkok denied that the US had knowledge of the mask shipment bound for Germany (Tanakasempipat 2020). Despite the US’ constant denial of state involvement, it remains a fact that an order of 200,000 masks destined for Germany was never delivered. Moreover, at no point did the developments mention non-state entities, but rather, the discourse had remained solely at the inter-state level and the main issue for discussion was the US’ use of the Defence Production Act to secure vital medical goods. US vs Barbados On the 5th of April, Barbados was brought into the picture when 20 ventilators donated to Barbados by a Philanthropist where “barred from exportation” by the US government (Barbados Today 2020). Moreover, as stated by the Barbadian Health and Wellness minister, these ventilators were already “paid for” (Barbados Today 2020). In explaining this incident, the Health minister clarified that “it has to do with export restrictions being placed on certain items” (Connell 2020). Thus, the Barbados incident was another instance where export bans were used as the justification for confiscating important medical supplies that were destined for another country. As for the US’ response to this incident, The Miami Herald wrote that a State department spokesperson’s email response “seemed to suggest that some previous media reports about seized medical exports may not be accurate” (Charles 2020). However, given that this is an incident relating to a Caribbean Island whose relations with the US are far from hostile, it is unlikely that this confiscation incident was characterised by significant inaccuracies. France vs UK Another instance of confiscation via export bans was reported during the pandemic, but this time, the location was Europe. The incident happened in March 2020 and had the UK’s National Health Service (NHS) as the victim and France as the accused. France’s actions were reported by Euronews when it stated that:  France has forced a face mask manufacturer to cancel a major UK order as the coronavirus-inspired scramble for protective gear intensifies. The National Health Service ordered millions of masks from Valmy SAS near Lyon earlier this year as COVID-19 threatened. But amid a global shortage, France earlier this week ordered the requisition of all protective masks made in the country (Euronews 2020). France’s export ban placed the company in an uncomfortable situation as it was prohibited from fulfilling the NHS’ order. Indeed, the company director commented that "the requisition does not allow any wiggle room for us to deliver to the NHS, but it is complicated because the NHS was the first client to order and uses our masks all year long” (Euronews 2020). It is important to note that four months later, the Guardian revealed that Valmy had a contract with the NHS that was signed in 2017 where this company “was required to deliver almost 7m FFP3 respirator masks to the UK at 17p per mask in a pandemic situation as soon as the order was activated” (Davies and Garside 2020). The NHS did indeed activate the contract in early February, however, the French “sweeping requisition decree” ultimately meant that France seized the masks within its borders (Davies and Garside 2020). Near misses: tensions in Europe The incidents below can be described as “near misses" as the accused states initially confiscated other state’s products, but eventually gave them back to their neighbours. The cases here are particularly useful for showing how the misuse of export bans has the potential to harm diplomatic relations between neighbouring states and allies, especially when the ban is placed over other states’ pre-ordered goods. Germany vs neighbours One of such instances occurred between Germany and Switzerland, but this time Germany was the accused. The incident was reported on the 9th of March 2020 and caused a strain in Germany’s relationship with Switzerland during the pandemic. The “diplomatic spat” started a week after the German government banned exports on most protective medical goods (Dahinten and Wabl 2020). Switzerland was particularly angered when 240,000 masks travelling to it were blocked from crossing the German border to enter Switzerland (Dahinten and Wabl 2020). Switzerland then called the German ambassador for “an emergency meeting” regarding this issue amid a very tense situation, especially when it hardly manufactures protective equipment itself (The Local 2020). Eventually after a call was scheduled between the leaders of both countries, Germany modified the ban on the 12th of March, adding exemptions and then removed it completely the following week (Hall et al. 2020). Germany’s diplomatic relations were equally weakening with another neighbour, but this time, the neighbour was a European Union (EU) member. The point of conflict was of course the export ban on protective equipment. The Austrian Economy minister commented on this ban by stating that:  It can’t be that Germany is holding back products for Austria just because they happen to be stored in a German location […] these products are for the Austrian market, and unilateral moves by Germany are just causing problems in other countries (Dahinten and Wabl 2020).  Such statements indicate that placing export bans on other states’ goods seriously angers the importing states as such bans make them feel that their interests are being completely ignored by their counterparts. France vs neighbours France also got a share of the criticism in March when it seized the supplies of the Swedish company Mölnlycke located in France after announcing an export ban on masks and other medical goods (AP 2020; Marlowe 2020). The conflict erupted between France and Sweden when the French ban was placed over Mölnlycke’s Lyon Warehouse that is responsible for distributing personal protective equipment to Southern Europe as well as Belgium and the Netherlands (Marlowe 2020). Significantly, the seized stock was composed of 6 million masks, all of which “had been contracted for”, including a million masks each to Italy and Spain (Marlowe 2020). Eventually, France allowed the shipments to go to Italy and Spain despite initial reluctance to do so (AP 2020). However, the easing of the situation was mainly due to the “crucial efforts” of Sweden’s prime minister who was thanked by Mölnlycke on the 4th of April for his role in the removal of the French export ban on the Lyon Warehouse (Mölnlycke 2020). It is important to note that this instance also made its way to the European Parliament on the 3rd of April where the French export ban was questioned and criticised as “yet another demonstration of the lack of European solidarity” (EP 2020). Thus, this specific incident resonated across the whole of Europe, and not in a positive way. Export bans: the GATT framework The international law on export bans falls under the competence of the WTO, particularly the General Agreement on Tariffs and Trade 1994 which itself is mainly composed of the 1947 GATT agreement (GATT 1994). Significantly, article XI of the agreement titled ‘General Elimination of Quantitative Restrictions’ prohibits the use of export bans when it states that:  No prohibitions or restrictions other than duties, taxes or other charges, whether made effective through quotas, import or export licences or other measures, shall be instituted or maintained by any contracting party on the importation of any product of the territory of any other contracting party or on the exportation or sale for export of any product destined for the territory of any other contracting party (GATT 1994).  However, the agreement leaves out certain exemptions where this prohibition does not apply, the relevant one here being “export prohibitions or restrictions temporarily applied to prevent or relieve critical shortages of foodstuffs or other products essential to the exporting contracting party” where the GATT clearly states that “the provisions of paragraph 1 of this Article shall not extent to” it (GATT 1994, XI, 2(a)). The emphasis on the temporary application of such measures is important and is further clarified in the WTO’s timely report on “export prohibition and restrictions” issued at the peak of the Covid pandemic where it explained that:  The reference to a measure that is "temporarily applied" indicates that the carve-out applies to measures applied for a limited time, taken to bridge a "passing need". In turn, "critical shortage" refers to deficiencies in quantity that are crucial, that amount to a situation of decisive importance, or that reach a vitally important or decisive stage, or a turning point (WTO 2020, annex 1).  Of relevance to the export bans legal framework is also Article XX of the GATT (1994) titled “General Exceptions” that states how:  Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any contracting party of measures […] (b) necessary to protect human, animal or plant life or health.  Thus, here the GATT agreement allows countries to use export bans when it is necessary to protect lives. The WTO’s report confirms the relevance of this exception to the Covid-19 situation when it explains that:  In the context of COVID-19, Article XX(b) of the GATT 1994 could be used to justify a ban or quantitative restriction on the exportation of goods, so long as such a measure would be necessary and effective in contributing to protecting the health of that country's citizens (WTO 2020, Annex 1).  Thus, in terms of international law, countries are allowed to make use of export bans when faced with exceptional circumstances. During the Covid pandemic, the WTO member states did indeed make use of the exceptions and exemptions codified in the GATT agreement while informing the WTO of their new policies (Pauwelyn 2020, 107). However, when life is back to normal, their use remains illegal. Thus, overall, the export bans legal situation can be described as residing in a ‘legal grey zone’ whereby their use, though normally prohibited, can be justified and permitted in serious situations requiring them (Pelc 2020, 349). Nonetheless, it is important to note that the international legal framework here does not provide clarification for situations where the export ban exemption is placed on pre-ordered or pre-paid-for goods supposed to go to other countries. Indeed, the current legal framework suffers from a number of ambiguities as explained below. The first ambiguity relates to the term “destined goods.” When prohibiting export bans, article XI speaks of “export of any product destined for the territory of any other contracting party”. Thus, clearly, countries cannot put their hands on goods going to other countries for this would be illegal. However, the carve-out intended to “prevent or relieve critical shortages” is not detailed enough as to clarify if this also applies to goods “destined” for other countries (GATT, article XI, 2(a)). Even if the “destined” statement is applied to the exemption, the ambiguity remains. Much of the ambiguity rests on how to interpret the term “destined” from the export prohibition paragraph: is the term “destined” applied here generally whereby a company in Country X is an exporter and thus it’s goods will naturally be “destined” for other countries, or does the term imply goods that are ready-to-travel to other countries who have already placed an order or paid for goods? Clearly, it’s the second interpretation when applied as an exemption that has been the cause of conflict between the states in the previous section. However, regardless of which interpretation is intended in the GATT, instances where countries confiscate orders destined for other countries is seen as politically and morally unacceptable by the latter; “modern piracy” was how Germany described it. Thus, whatever the world leaders had in mind when they agreed to this exemption, clearly it now needs a lot of clarification. Secondly, there is ambiguity over the situation regarding donated goods. This is an important question especially given the Barbados case. Here the goods sold in country X were already bought in Country X (from a philanthropist in Country X) to be sent to country Y. Thus, a transaction had already taken place and the goods now belong to the philanthropist who is kindly giving this order to Country Y. Does an export ban apply to this situation? Logically, there is little to no justification for its application in this scenario, but the GATT agreement still needs to confirm this. Thirdly, there is ambiguity over the situation of “guest” companies. Given the globalised world we live in, does this exemption apply to international companies geographically located in country X? This was the main cause of tension between Sweden and France when France imposed the export ban over the Swedish company’s Warehouse. A logical consideration of this situation would lead to a ‘no’ answer to this question, but it is also acknowledged that the company may be subject to the geographical jurisdiction and the laws of the country that it is located in. Thus, it is important that the relationship between the host country and the foreign company is clarified when it comes to export prohibitions. Fourthly, there is ambiguity over the timeline of enforcing an export ban policy. The Covid crisis saw quick decisions being taken and implemented. This was particularly the case with export bans and was to the detriment of the importing states. In the case of the US-Germany incident, the confiscation of the masks on their way to Germany occurred hours before the US president announced invoking the defence production Act. In fact, the US policy on export restrictions became official on the 7th of April after the Federal Emergency Management Agency published it (Bown 2020). Significantly, FEMA stated that “this rule is effective from April 7, 2020 until August 10, 2020” (FEMA 2020). Thus, the obvious question arises: on what basis were the masks going to Germany confiscated? Similarly, on what basis were the ventilators destined for Barbados blocked by the US on the 5th of April? If the WTO steps in to advise on the implementation of such export bans, the situation would be greatly improved. Finally, there is ambiguity over the extent to which one country may enforce its policy, particularly in other countries. The US-Germany case was sensationalised by an “international hunt” for masks in Bangkok; thus, here the US officials imposed the export ban on an American company in a foreign country outside their national jurisdiction. However, the question remains, is this permissible under the GATT? The GATT articles did not go that far, but it is important that the international legal framework answers this question. Overall, several unanswered questions resulting from the brevity of the GATT’s article on export bans require answers. Filling in those gaps in the GATT would greatly improve the legal framework on export bans and ease tensions between member states. The next section takes a closer look at export bans, particularly their discussion in the literature and their unwelcome effects. The effects of export bans The academic literature on export bans mainly focuses on their effects, either on several states or on specific case-studies. Prior to Covid-19, a number of studies were mainly concerned with the effects of export bans following the food price crisis in 2007-2008 when countries made use of export restrictions on agricultural commodities in an attempt to stabilise domestic markets (e.g. Liefert, Westcott, and Wainio 2012; Dorosh and Rashid 2013; Timmer 2010). However, following the coronavirus pandemic, some studies have focused on their use on medical goods and agricultural goods as well as on their effects (Koppenberg et al. 2020; Pelc 2020; Evenett 2020b). Nevertheless, what unites almost all the studies on export restrictions is that they mainly agree that such bans do more harm than good. The recent studies on export bans are important because they demonstrate how this policy results in negative effects. For example, Simon Evenett (2020a, 831) in his recent work argues that “export bans on masks, for example, erode the capability of trading partners to cope with the spread of COVID-19. Rather than beggar-thy-neighbour, export bans on medical supplies effectively sicken-thy-neighbour”. He further analyses the effect of the export ban from the perspective of the developing countries cut-off from receiving advanced medical equipment such as ventilators, and explains that whenever this policy is implemented, “a significant share of the world’s population” is prevented from accessing this vital equipment (Evenett 2020a, 832). Evenett (2020a, 833) therefore recommends that governments consider other alternatives to export bans that “do not impede foreign purchases”. Significantly, Evenett also discusses the effect of the export curbs on the exporting country itself and argues that this policy is counter-productive:  Whatever temporary gain there is in limiting shipments abroad, the loss of future export sales will discourage local firms from ramping up production and investing in new capacity, which is exactly what the WHO has called for. In practical terms, during a pandemic this mean that an export ban “secures” certain, currently available medical supplies at the expense of more locally produced supplies in the future (Evenett 2020a, 832).  Internationally, export bans have also been shown to have severe effects on several countries at once. Chad Bown’s (2020, 43) work on the Covid pandemic demonstrates how “taking supplies off the global market can lead to higher world prices and reduced quantities, harming hospital workers in need in other countries”. He also cautions that their use during the pandemic may invoke a “multiplier effect”, similar to the one observed during the sharp price increases of agricultural goods in the 2000s when “one country’s export restriction led to additional global shortages, further increasing world prices, putting pressure on other countries to impose even more export restrictions” (Bown, 2020, 44). Richard Barichello’s (2020, 223) study on Covid-19 and the agricultural sector also highlights the negative effect of export bans while observing how some countries have already imposed export restrictions on staple goods such as rice and cereal products during the pandemic. Barichello acknowledges that such export bans could have a positive effect on countries such as Canada if a consequence of such a ban increases the price of a commodity that it exports. However, he also explains the gravity of the adoption of export bans during current times when he writes that:  The distributional effects of adding export restrictions will, like the COVID-19 crisis itself, fall most heavily on the poor in importing countries by reducing trade, raising food prices, and reducing food security in all but the export countries of that commodity (Barichello 2020, 223). Export bans have also been shown to have “intangible” negative effects that are also significant. Hoekman, Firoini and Yildirim’s (2020) study focuses on export bans from an “international cooperation” perspective and emphasises the foreign policy damages resulting from export bans. The authors write that “in the case of the EU, the immediate policy responses of some member states may have damaged the European project by eroding trust among European partners” (Hoekman, Firoini and Yildirim 2020, 78). Simon Evenett (2020b, 54) adds that export restrictions are a “gift to those economic nationalists abroad that want to unwind or shorten international supply chains”; such nationalists can then claim that relying on the foreign market is unreliable. It is significant that the WTO itself discusses a similar point in its Covid-19 report on export restrictions when it lists the following as part of the “other possible consequences” of export bans:  An erosion of confidence in the multilateral trading system, in particular if restrictions negatively impact the most vulnerable, especially least-developed countries, whose healthcare systems are already strained. It would be difficult for importing members to trust a system that fails to produce tangible benefits in times of crisis and may lead to general calls to ensure that production of medical and other products only take place at the national level (WTO 2020, 9).  The WTO (2020, 9) also highlights how from a health-perspective, export bans may ultimately weaken the fight against the coronavirus when it states how: “given its global nature, if some countries are not able to combat the disease, this coronavirus, or mutated strains of it, will inevitably recirculate and contaminate the populations of all countries, including those imposing the export restrictions”. Thus, an export ban on medical goods is not the soundest policy to implemented during a pandemic. Effects of export ban confiscations & concluding thoughts It is important to consider the consequences of using export bans specifically as a confiscation technique. The points raised above are still of high relevance. However, there are three main disadvantages that are particularly prominent when countries place export bans on other states’ goods. Firstly, enforcing this policy on the goods of other states creates severe tensions between countries at different levels. The first one is at the diplomatic level whereby the officials of country Y express their discontent to officials of country X. Such tensions then easily transmit to other places. Indeed, at the citizenry level, these tensions take the foreground as the citizens in country Y read the news and frown at what their neighbouring states are doing to them in times of need. Thus, the misuse of export bans can be seen as a threat to diplomacy, international trade, and to the principles of establishing friendly relations between states and peoples. Secondly, shortages and stress are another effect of this policy when enforced on other states’ goods. When countries place orders, it is usually because they have a need for those orders. When those orders are then confiscated, those expecting the orders are left empty-handed and in a stressful situation. The stress is generated after the realisation that their plans for fighting the virus have been compromised; orders placed months or weeks ago will now not reach their borders despite those orders being just hours away from arrival. In the above cases, the German police and the NHS had to deal with the unpleasant news that their mask orders will not arrive. Such export bans create a difficult situation for the importing nations and for their institutions, as they then try to seek alternative suppliers at a very short notice. Finally, the implementation of this policy on other states’ orders sends worrying empirical signals. Scholars of IR when they first learn about international politics naturally ask whether the world we live in is a very “realist” world characterised by “survival of the fittest” instinct, or whether it is a world that accommodates international law and inter-state cooperation, despite anarchy. This is the essence of the classical debate between Realists and neo-Liberal Institutionalists (Mearsheimer 1994; Walt, 1997; Ikenberry 2011; Martin 1992). It is reassuring that in the previous discussion, the WTO still had a role to play. The European Commission also tried to solve the disputes arising between its members over the export bans (EC 2020). However, despite those interventions, it was clear that the cause of the problem was the unilateral export ban policy that was quickly being implemented at the discretion of the member states over what was destined for other states. As such, there is an urgent need for the WTO to revise its export ban legal framework to prevent the above scenarios from ever repeating in the future. 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Evenett eds., COVID-19 and Trade Policy: Why Turning Inward Won’t Work. London: CEPR press, pp. 77-87. https://cepr.org/publications/books-and-reports/covid-19-and-trade-policy-why-turning-inward-wont-work Ikenberry, G. John. 2011. Liberal Leviathan: The origins, crisis, and transformation of the American world order. Princeton: Princeton University Press. https://doi.org/10.2307/j.ctt7rjt2 Koppenberg, Maximilian, Martina Bozzola, Tobias Dalhaus and Stefan Hirsch. 2021. “Mapping potential implications of temporary COVID‐19 export bans for the food supply in importing countries using precrisis trade flows.” Agribusiness, 37(1), pp.25-43. https://doi.org/10.1002/agr.21684 Liefert, William .M., Paul Westcott, and John Wainio. 2012. “Alternative policies to agricultural export bans that are less market-distorting.” American Journal of Agricultural Economics, 94(2), 435-441. https://doi.org/10.1093/ajae/aar103 Marlowe, Lara. 2020. “Coronavirus: European solidarity sidelined as French interests take priority.” The Irish Times. 30 March. https://www.irishtimes.com/news/world/europe/coronavirus-european-solidarity-sidelined-as-french-interests-take-priority-1.4216184 Martin, Lisa. 1992. “Interests, power, and multilateralism.” International Organization, 46(4): 765-792. DOI: https://doi.org/10.1017/S0020818300033245 Mearsheimer, John .J. 1994. “The false promise of international institutions.” International security, 19(3): 5-49. https://doi.org/10.2307/2539078 Mölnlycke. 2020. “French export ban for face masks lifted.” Mölnlycke, 4th April. https://www.molnlycke.com/news/news-archive/french-export-ban-for-face-masks-lifted/ Pauwelyn, Joost. 2020. “Export restrictions in times of pandemic: Options and limits under international trade agreements.” In COVID-19 and Trade Policy: Why Turning Inward Won’t Work, edited by Richard E. Baldwin and Simon J. Evenett. London: CEPR press, pp. 103-109. https://cepr.org/publications/books-and-reports/covid-19-and-trade-policy-why-turning-inward-wont-work Pelc, Krzysztof. 2020. “Can COVID-Era Export Restrictions Be Deterred?.” Canadian Journal of Political Science, 53(2), 349-356. https://doi.org/10.1017/S0008423920000578 Selinger, Hannah. 2020. “Stealing masks and stockpiling hydroxychloroquine – What America has become during this epidemic is deeply worrying.” The Independent, 6 April. https://www.independent.co.uk/voices/coronavirus-us-masks-trump-hydroxychloroquine-covid-19-drug-a9450261.html Tanakasempipat, Patpicha. 2020. “Accused of 'piracy', U.S. denies diverting masks bound for Germany.” Reuters, 6 April. https://uk.reuters.com/article/uk-health-coronavirus-masks/accused-of-piracy-u-s-denies-diverting-masks-bound-for-germany-idUKKBN21O0YR The Local. 2020. “Coronavirus: Germany blocks truck full of protective masks headed for Switzerland.” The Local. 9 March. https://www.thelocal.com/20200309/germany-blocks-protective-masks-headed-for-switzerland/ Timmer, C. Peter. 2010. “Reflections on food crises past.” Food policy, 35(1), 1-11. https://doi.org/10.1016/j.foodpol.2009.09.002 Walt, Stephen, M. 1997. “The progressive power of realism.” American Political Science Review, 97(4): 931-935. https://doi.org/10.2307/2952177 Whitehouse. 2020. “Remarks by President Trump, Vice President Pence, and Members of the Coronavirus Task Force in Press Briefing.” Whitehouse.gov., 3 April. https://www.whitehouse.gov/briefings-statements/remarks-president-trump-vice-president-pence-members-coronavirus-task-force-press-briefing-18/ WTO. 2020. “Export prohibitions and restrictions.” World Trade Organization, information Note, 23 April. Available from: https://www.wto.org/english/tratop_e/covid19_e/export_prohibitions_report_e.pdf

Defense & Security
Solomon Islands

Russia and China co-ordinate on disinformation in Solomon Islands elections

by Albert Zhang , Adam Ziogas

한국어로 읽기 Leer en español In Deutsch lesen Gap اقرأ بالعربية Lire en français Читать на русском Moscow and Beijing likely worked together to sow disinformation globally that was propagated locally by political parties in the lead-up to Solomon Islands’ national and provincial elections on 17 April 2024. Both countries’ propaganda systems accused the United States, without evidence, of using its foreign aid and networks across the country to interfere in voting and of preparing to foment riots and orchestrate regime change in response to an unsatisfactory election result. This campaign adds to a growing body of evidence showing that China’s and Russia’s ‘no limits’ partnership extends to coordinating their disinformation campaigns in the Indo-Pacific. The narratives haven’t gained widespread attention or media coverage in Solomon Islands. Australia, the United States and other Pacific partners should nonetheless be concerned, as Russia and China can be expected to learn from this campaign and will likely use the lessons to further improve their influence operations in the region. Individually, China and Russia are adept and expert at pushing disinformation to disrupt other nations but, by coordinating their efforts, they have a force-multiplier effect. The campaign consisted of an alleged ‘leaked’ letter, articles published on authoritarian state-controlled media outlets and a fringe journal publication, which were then shared and amplified on social media platforms. A fortnight before election day, an unknown author by the name of Richard Anderson published an explosive article in CovertAction Magazine alleging that the US was seeking regime change in Solomon Islands. The US-based magazine was co-founded in 1978 by the late Philip Agee, a former CIA officer who after his retirement became a vocal critic of the agency and of US policy and had reported links with Soviet and Cuban intelligence. The magazine was set up ‘on the initiative of the KGB’, the Soviet Union’s main intelligence agency, according to a book by KGB defector Vasili Mitrokhin and British intelligence historian Christopher Andrew. Anderson had no previous history of writing for CovertAction Magazine. A week after that article was published, Russian state-controlled media agency Sputnik further fuelled the allegations, writing that the US was ‘plotting [an] electoral coup’. This article cited an anonymous source who had ‘intimate familiarity’ with the activities of USAID, the main United States foreign aid and international development agency. This mirrored how Anderson is described in his CovertAction Magazine bio, though Sputnik’s article did not explicitly mention him or his article. Sputnik’s claims were amplified four days later by the Chinese state-controlled tabloid newspaper the Global Times, which did directly reference Anderson’s article and has the potential to legitimise these narratives to an audience the Chinese Communist Party (CCP) is actively targeting. During the same period, a poorly fabricated letter from an unconfirmed (and potentially non-existent) IFES project consultant was circulated among Solomon Islanders by an unknown source claiming that the US was seeking a ‘democratic transition by violent means in necessary circumstances.’ The text in this letter mirrored language used by Sputnik’s alleged anonymous source. Figure 1: Paragraph from Sputnik article (top) and a screenshot of the alleged IFES letter (bottom).     To be clear, there is no evidence that the US, or any other country, is supporting violent riots or interfering in Solomon Islands. Ann Marie Yastishock, US Ambassador to Papua New Guinea, Solomon Islands, and Vanuatu, has strongly refuted these allegations. This is not the first time the CCP-controlled media has spread disinformation in Solomon Islands or accused the US of seeking to instigate riots in the country. Following the 2021 Honiara riots, the CCP falsely accused Australia, the US and Taiwan of organising the riots, fomenting unrest and discrediting the relationship between Solomon Islands and China. In contrast, Russian media outlets also covered the 2021 Honiara riots but didn’t promote any explicit accusations of US or foreign interference. This time, China and Russia have been in lockstep. In the lead-up to the April elections, Russian state media was more direct and damning in its reporting with the release of Sputnik’s original article and in the subsequent coordination and dissemination of false narratives alongside Chinese state media. While Sputnik published only one follow-up article to the initial investigation, China’s Global Times was more prolific and varied, with six articles alleging US meddling in Solomon Islands. Of these six articles, four explicitly referenced Sputnik’s claims and two referenced US influence operations in more general terms. The indications of Russia-China propaganda coordination in this campaign were further supported by China’s Ministry of Foreign Affairs (MFA) post on 19 April 2024 titled ‘The Hypocrisy and Facts of the United States Foreign Aid’. The post on their website claims the US is giving aid to Solomon Islands, among other countries, only because it sees it as a political threat. This was the first article ever published by the MFA to smear USAID. Moscow, however, has consistently campaigned against USAID since it ejected the US agency from Russia in 2012 for ‘meddling in politics’. Russian media has pushed a consistent narrative that the organisation is a US imperialist tool of regime change, accusing it of fomenting civil unrest and coup attempts as far afield as Belarus, Cuba, Georgia and Mexico. However, this latest attack against USAID appears to be the first where Russia’s narratives are working to the benefit of CCP interests. It’s been clear since at least 2018 that Russian and Chinese state media are converging on media narratives that serve their governments’ strategic and political interests. According to leaked documents from Russian state broadcaster VGTRK, Russian and Chinese propaganda entities also signed an agreement to ‘further cooperate in the field of information exchange, promoting objective, comprehensive and accurate coverage of the most important world events’. While previous ASPI research has demonstrated Russian and Chinese state-coordinated narratives on the Russia-Ukraine conflict, the repeated re-airing of Sputnik’s conspiratorial claims of interference in Solomon Islands’ elections in Global Times articles indicates this propaganda cooperation is now a global initiative. There was also some evidence of amplification by inauthentic accounts on social media of these narratives, but they were limited and it is unclear whether they were state linked. For example, one X account with the handle @jv79628 shared the original Sputnik investigation. The account posts links almost exclusively from Sputnik, Global Times, Australian website Pearls and Irritations and videos with artificial intelligence-generated voices from the pro-CCP YouTube channel Chinese Revival, which may be linked to the Shadow Play network previously uncovered by ASPI. Other accounts sharing the original Sputnik report, such as @de22580171, pose as pro-Russian US citizens. They share articles mostly from Sputnik or Russia Today. At the time of publication of this report, Russia’s and China’s state media articles, and the accusations contained in them, have had minimal reach into online Pacific communities. In the public Solomon Islands Facebook groups ASPI viewed, online discourse remains more focussed on the emergence of new coalitions and the election of a new Prime Minister than on discussion of foreign influence or interference. According to Meta’s social monitoring tool, CrowdTangle, none of the articles from the Global Times have been shared in open and public Solomon Islands Facebook groups. However, Sputnik’s first article may have been more successful in reinforcing anti-Western sentiments in outgoing Prime Minister Manasseh Sogavare’s O.U.R. Party, who are strong contenders to be part of the coalition that forms the next government. That article was posted on the O.U.R. Party Solomon Islands Facebook page, which is run by the party, on 10 April. It was reshared to several public Facebook groups in Solomon Islands, including news aggregation sites and local island forum pages. This is significant because it is the first time a news article has been posted on the O.U.R. Party Solomon Islands Facebook page, which typically shares positive images of the party’s activities and political campaigns. As of 1 May 2024, the post (below) has had over 180 interactions, which is higher than the average number of interactions a typical post has on this page. Figure 2: Screenshot of Sputnik article posted in O.U.R Party Solomon Islands Facebook page.     Sogavare, a founding member of the O.U.R. Party, has made similar remarks about ‘foreign forces’ previously. According to an article published in the Solomon Star, when US Ambassador Yastishock visited Solomon Islands in late March to present her letter of credentials to Governor-General John Oti, Sogavare claimed foreign forces were ‘intervening in the national general election’ and ‘may fund some political parties and plan to stage another riot during the election to disrupt the electoral process and undermine social stability’. Despite the low online interaction so far, the barrage of US regime change allegations lays the foundation for future narratives that may resurface if Solomon Islands experiences future unrest. Beijing and Moscow can be expected to learn from these disinformation efforts, leaving the US, Australia and their Pacific partners no room for complacency about the threat the regimes pose, nor the need for effective strategic communication. The Russian and Chinese governments are seeking to destabilise the Pacific’s information environment by using disinformation campaigns and influence operations to undermine traditional partnerships. In this digital age, leaders of governments and civil society across the region need to consistently confront and counter baseless lies pushed by authoritarian state media, such as accusations that the governments of Australia and the US are instigating riots. If they fail to do so, partnerships with, and trust in, democratic countries are at risk of deteriorating, which can reduce the development benefits provided to Pacific Island Countries by Western partners. Australia, the US, and other close Pacific partners, such as Japan, New Zealand and the European Union, must take a stronger stance against false and misleading information that is starting to circulate in the region as a result of authoritarian state-backed disinformation campaigns. These nations must also better support and encourage local media and governments to take further steps to identify and combat false information online. This includes providing more training packages and opportunities for dialogue on media-government communication procedures to tackle disinformation and misinformation. Countering the effects of disinformation requires ongoing efforts to call out false statements, educate the public, and build country-wide resilience in the information environment. Greater transparency and public awareness campaigns from the region’s partners can also help to ‘prebunk’—or anticipate and delegitimise—disinformation and alleviate concerns about malign activity.

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/

Energy & Economics
Chinese Yuan on the map of South America. Trade between China and Latin American countries, economy and investment

Ahead of the curve: Why the EU and US risk falling behind China in Latin America

by Ángel Melguizo , Margaret Myers

한국어로 읽기 Leer en español In Deutsch lesen Gap اقرأ بالعربية Lire en français Читать на русском As Beijing’s investment approach to Latin America focuses on industries of strategic importance, the EU and US will need to contend with growing Chinese competition China is pouring less foreign direct investment (FDI) into Latin America. But while this may seem like a sign of Beijing’s disinterest in the region, data suggests that Chinese companies are simply recalibrating, not retreating. In doing so, they are becoming important players in sectors key to Western interests: critical minerals, fintech, electric vehicles, and green energy. While the European Union and the United States have long been top investors in Latin America, increased competition with Chinese investment now jeopardises their interests in the Latin American industries that will become most crucial to the digital and green transitions. The number of Chinese projects in Latin America grew by 33 per cent from 2018-2023, compared with the previous five-year period of 2013-2017, even as the total value declined. In other words, Chinese companies are making more investments in the region but are pursuing smaller-scale projects on average. These investments are also more focused on what China calls “new infrastructure“ (新基建), a term which encompasses telecommunications, fintech, renewable energy, and other innovation-related industries. In 2022, 60 per cent of China’s investments were in these frontier sectors, a key economic priority for the country. Beijing also views smaller projects in these industries as incurring less operational and reputational risk, especially compared to some of the large-scale infrastructure investment projects often associated with the Belt and Road initiative. Like China, the investment priorities of the G7 grouping – particularly the US and the EU – are centring on critical minerals, fintech, electric vehicles, and green energy as they aim to grow and reinforce existing economic and political partnerships in Latin America. However, both the US and the EU risk falling short of China’s investment strategy in the region. The US has signalled want for greater economic engagement with the region, especially in sectors of strategic interest. However, to date, US efforts to compete with China remain largely focused on building US domestic capacity in these strategic sectors, even as some US companies, such as Intel, are increasingly focused on including regional partners in their supply chains. Some see opportunity for Latin America in Joe Biden’s landmark legislation, the Inflation Reduction Act (IRA), which is aimed at incentivising the energy transition while also de-risking critical supply chains. For example, certain countries in the region may benefit from preferential market access for their lithium or other key inputs to new energy and technology supply chains. However, the reach of the IRA – which remains a largely domestic policy – does not stretch as far as China’s current investment reshuffle. The Americas Act, announced by members of Congress in March could generate promising new investment opportunities for the region, as it encourages US companies and others to move their operations out of China, to which Latin America stands as a promising replacement. But Americas Act reshoring would primarily incentivise textiles and potentially medical equipment manufacturing, with less overall focus on the range of “new infrastructure” industries that China is prioritising. Chinese interests in information and communication technologies reveal a similar story. While the US has focused its policy on 5G equipment sales, China is undertaking a process of vertical integration in Latin American tech sectors that will dramatically boost its competitiveness. For instance, Chinese company Huawei is rapidly expanding its focus to include data centres, cloud computing, cybersecurity, and other services, especially in Argentina, Brazil, Chile, Colombia, Mexico, and Peru. (Computing accounted for a sizable 41 per cent of total Chinese information technology investment in the region between 2018 and the first half of 2023.) At the same time, Global Gateway, the EU’s proposal for a global investment initiative is yet to reach its potential in the region. Brussels is looking to be Latin America’s partner of choice by building local capacity for making batteries and final products like electric vehicles, as European Commission president Ursula von der Leyen noted last year. Yet even as the EU signals renewed commitment, China is becoming increasingly dominant in the electric vehicle market in Latin America and other regions. China surpassed the US in electric vehicle sales in 2023, with Chinese companies accounting for 45 per cent of total global sales and three times that of Germany’s. What is more, China has invested $11 billion in lithium extraction in the region since 2018, as part of a bid to control a third of global lithium-mine production capacity. Meanwhile the EU has secured some access to lithium as part of trade deals with Chile, alongside other nations, but this pales in comparison to what will be required to fuel the future of EU battery production. Latin America as a whole accounts for an estimated 60 per cent of the world’s lithium reserves. Based on its current levels of engagement in the region, the EU risks falling short of lithium, stalling its battery production and subsequently, its electric vehicle sales, just as China advances in this field. The window is closing for the EU, the US, and other partners looking to both maintain market share and compete with China in these Latin American industries, despite still-high rates of US and EU investment in and trade with the region. Indeed, US automakers increasingly see Chinese competition across the globe as an “extinction-level event.” Ensuring competitiveness in “new infrastructure” and related sectors will require a continuous commitment by partners to building and supporting project pipelines, and to delivering products and services at price points that can compete with China’s subsidised offerings. Both the EU and the US remain critical economic partners for Latin America and are contributing in ways that China is not. Still, complacency risks allowing China to take the lead in emerging industries in the region, some of which weigh heavily in the EU’s green and digital transformation. To protect their own future industries, the EU and the US need to first take a longer look at Latin America’s – especially as China vies for a dominant position.

Energy & Economics
SHENZHEN, CHINA - CIRCA NOVEMBER 2019: ZTE room at the High-Tech Fair China 2019 at Shenzhen Convention & Exhibition Center.

What should Europeans do about the U.S.-China Rivalry in key strategic technologies?

by Roberta Haar , Hengyi Yang

한국어로 읽기Leer en españolIn Deutsch lesen Gap اقرأ بالعربيةLire en françaisЧитать на русском In October 2023, the EU Commission identified four technology fields as critical: advanced semiconductors; artificial intelligence (AI); quantum, and; biotechnologies.[1] All four areas are greatly impacted by the U.S.-China rivalry in technology, making it essential for Europeans to understand the Sino-American competition. This article examines this rivalry from the Chinese and U.S. perspectives. It recounts their prevailing attitudes, which are shaped by recent events, and that, in turn, mold Chinese and American strategic approaches. From the Chinese policymakers’ perspective, its geo-technological competition with the U.S. is novel and passively learned. During Xi Jinping’s first term, the Chinese government still positioned technology under the economic-oriented strategy of innovation-driven development. This stance followed the idea that ‘science and technology constitute a primary productive force’ and the ‘peaceful development’ principles set during Deng Xiaoping’s era. However, around 2018, two sanctions incidents that targeted Chinese telecommunications giants shifted Chinese leaders’ understanding of tech strategy into the geopolitical context. The first sanction incident involved ZTE, China’s second-largest communications equipment manufacturer. In 2016, the Barack Obama administration accused ZTE of selling telecom equipment containing American chip technology to Iran, which violated U.S. sanctions. In 2017, ZTE pleaded guilty and paid a fine of $1.2 billion. However, in 2018, Trump’s government stated that ZTE did not comply with the settlement agreement, coupling previous sanctions with export controls on ZTE in April 2018. The second incident involved Meng Wanzhou, then Vice-Chairwoman and CFO of the Chinese telecommunications giant Huawei, who was arrested in Vancouver, Canada, during a layover in December 2018. Her detention was at the extradition request of the Trump administration, which levied charges related to alleged violations of U.S. sanctions against Iran. These included bank and wire fraud and outright violations of U.S. sanctions via a subsidiary called Skycom Tech, which allegedly concealed Huawei’s activities in Iran. The necessity of a strategic adjustment These two incidents caused an uproar in the Chinese media, followed by a surge in public patriotic sentiment. However, for the Chinese government, the impact and significance of the two cases were quite different. The essence of the ZTE case was commercial sanctions, which meant that ZTE violated business norms and deserved economic punishment. The official Chinese government stance was that ‘this is just an individual case of corporate violation.’ Despite this position, the fact that the government was actively involved nonetheless politicized the incident within China. It was Xi Jinping himself who negotiated with Trump to save ZTE from bankruptcy after which ZTE became a state-owned enterprise with absolute state control—a move that ultimately resulted in ZTE gaining a greater domestic market share than Huawei. At the international level, the top-level nature of negotiations prevented the ZTE incident from overly politicizing then-ongoing trade frictions between the U.S. and China. While the ZTE episode was resolved with little rancor, Chinese senior officials became concerned about the impact that the U.S. might have on China’s strategic technology companies.[2] In November 2018, Tan Tieniu, then Deputy Secretary-General of the Chinese Academy of Sciences, reported to China’s top leaders that they should learn from the ZTE incident. They should avoid overreliance on imports of core electronic components and chips, and they should not repeat mistakes made by ZTE. In the same month, Xi Jinping mentioned in a speech that ‘internationally, advanced technology and key technology is more and more difficult to obtain… forcing us to travel the road of self-reliance.’ Terms like technological security, technology ‘chokepoints’ (卡脖子), and core technologies in key fields (关键核心技术) began to appear frequently in Chinese official discourse. These reflected Chinese leadership’s views about the ZTE incident that were in turn shaping strategic thoughts on the geopolitical technology competition with the United States. It was the Meng Wanzhou incident at the end of 2018 that for Chinese leaders confirmed the necessity of a strategic adjustment. As in the ZTE case, Huawei was involved in a business violation that from the Chinese perspective should have resulted in corporate punishment. Instead, a personal arrest warrant was issued for Meng, thereby escalating a commercial sanction into a political and diplomatic incident. Le Yucheng, then Deputy Minister of Foreign Affairs, urgently summoned the U.S. and Canadian ambassadors to China and issued a stern protest. The Chinese government also arrested two Canadian citizens in China, sentencing one to 11 years in prison. The Chinese Ambassador to Canada wrote that the Meng Wanzhou case was a ‘premeditated political act in which the United States wields its regime power to hunt a Chinese high-tech company out of political consideration.’ Chinese Defensive Deterrence These two episodes shaped and reinforced Chinese leaders’ strategic thinking about its geopolitical technology competition with the U.S. The 14th Five-Year Plan issued by the CCP in 2020 proposed ‘making technological self-reliance’ a strategic goal. Soon all official documents established a new tone for China’s technology strategy based on self-reliance. Previously, China pursued a reassurance strategy, a strategy that showed goodwill towards the U.S. and the system it led. Thus, in theory, China had two strategic options: reassurance and/or deterrence. The former strategy involves showing friendliness towards the U.S. and its allies, thereby releasing tension, and maybe re-joining the U.S.-led system. A reassurance strategy allowed China more time for stable development—the logic of ‘keeping a low profile’ of the Deng Xiaoping era. The Xi Jinping government picked the second option, deterrence, which is to show strength or use countermeasures to reduce the likelihood of further U.S. trade or coercive action. To make a deterrence strategy work, however, Xi further believed China needed to gain strong capacity in key tech fields. Therefore, Xi first mobilized domestic R&D resources and tried to acquire advanced technologies before using diplomatic countermeasures. The core logic underlying this geopolitical technology strategy is one of ‘defensive deterrence.’ A typical example of this strategy in play concerns the semiconductor industry. Facing export controls on semiconductor equipment from the U.S., the Netherlands, and Japan, the Chinese government first increased R&D investment in the sector, trying to overcome ‘chokepoint’ technologies. As a result, China’s investment in semiconductor R&D grew from $10 billion in 2018 to $25 billion in 2022, an increase of 150%. At the same time, the Chinese government increased investment in the production of key raw materials (silicon, gallium nitride, etc.) and semiconductor production bases. It also guided industries upstream while also pushing for downstream integration through policies to improve and strengthen supply-chain security. Chinese policy also moved to increase international supply-chain dependence on China through its comparative advantages in the semiconductor industry (and even other industries) in a hedging move against the U.S. and its allies. For example, in the automotive chip sector, in the supply of vital raw materials, and in the semiconductor equipment markets, China sought to utilize its significant comparative advantages. In August 2023, the Chinese government announced export controls on gallium and germanium, two key materials for manufacturing semiconductors. China Seeking More Regulatory Power But in addition to responding to what was perceived as U.S. containment policies in the area of technology, China’s strategic use of technology followed another approach, one led by the Ministry of Foreign Affairs (MFA) and the Ministry of Industry and Information Technology (MIIT). This third approach sought more regulatory power, for example, in the areas of civilian AI where China has huge potential.[3] Starting in 2018, the Chinese government showed a strong determination to introduce and study AI ethics and technical standards.[4] Based on these domestic framework policies, various diplomatic initiatives, and standards proposals, the MFA and MIIT expanded China’s regulatory influence in the field of AI. For example, the MFA proposed the ‘Global Data Security Initiative’ in 2020 and the ‘Global Artificial Intelligence Governance Initiative’ in 2023. Minister Wang Yi explicitly stated ‘We hope to provide a blueprint for related international discussions and rule-making.’ The China Electronics Standardization Institute, affiliated with the MIIT, also actively participates in the formulation of international new technology standards. Selectively decoupling: U.S. Attitudes and Strategies When it comes to strategic technologies, the Joe Biden administration has generally maintained a stance toward China that aligns closely with the previous administration led by Donald J. Trump. This is especially the case concerning competitive technologies such as 5G/6G, the specialized processors designed to handle the computational demands of AI, quantum computing, and electric vehicles (EVs). Taking a page from U.S. President Ronald Reagan’s Cold War playbook of outspending the Soviet Union, president Biden initiated a $2.25 trillion infrastructure plan. This plan, not unlike China’s policy to increase domestic innovation and strength, allocated funds for sectors such as transportation, manufacturing, renewable energy, clean water, and high-speed broadband for both wired and wireless technologies. The justification for these investments, part of the Build Back Better Act (BBB) policy and later incorporated into the Inflation Reduction Act (IRA) and the Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act, was that they were a response to Xi Jinping’s ambitious goals of doubling China’s economy by 2035, intending to establish China as a global leader in biotechnology, green energy, and AI. In addition to a spending strategy to boost U.S. competitiveness in strategic technologies, the Biden administration continued with some of Trump’s punitive measures. For example, Biden maintained tariffs amounting to approximately $300 billion. He also continued action against Huawei, which has the potential to outcompete in 5G/6G mobile network technology. The Trump administration used the Bureau of Industry and Security to exclude Huawei from global semiconductor supply chains and it placed the company on the Commerce Department’s Entity List, thus requiring U.S. companies to obtain a license before exporting to Huawei. As discussed above, Trump’s executive branch also brought fraud allegations against Huawei’s Chief Financial Officer Meng. While Biden kept in place Trump-era prohibitions on sales of U.S. goods to companies like Huawei, as well as maintaining restrictions on exports of U.S. critical technology, he did quickly resolve the dispute over Meng. Within hours of the deal for her release, the two men caught up in the game of hostage diplomacy left China on a flight back to Canada. Highlighting the political nature of the incident, when Meng returned to China, senior local officials at the airport met her. Encourage Multilateralism to meet Global Challenges Along with strident measures, the Biden administration also sought a more nuanced stance. Indications that suggest a less hawkish approach to China include emphasizing a collaborative approach toward global challenges like climate change and future pandemics. Biden further pushed for engagement in high-level meetings with, for example, Secretary of State, Antony Blinken, and National Security Advisor, Jake Sullivan, who held talks with their Chinese counterparts, Yang Jiechi and Wang Yi, in Anchorage, Alaska, in March 2021. These talks were frostier than U.S. officials would have preferred but they got the two sides to engage in some dialogue. Similarly, Biden sought to engage with China in multilateral forums and organizations where both countries are members, such as the recent Asia-Pacific Economic Cooperation (APEC) forum that Biden hosted in November 2023. Even the choice of San Francisco as the venue was designed to be conciliatory as it has historic ties to Asia as well as a central role in global technology as the home of Silicon Valley. Still, one must keep in mind that in deciding on a strategy towards China, Biden must also contend with a Congress and public opinion that are growing increasingly skeptical of doing business with China, which they believe steals good jobs and sends balloons over American territory to spy on U.S. critical infrastructure. One primary shaper of U.S. attitudes towards China are the leaders of the House Select Committee on the Chinese Communist Party, Republican Representative Mike Gallagher and Democratic Representative Raja Krishnamoorthi, who lead one of the last bastions of functioning bipartisanship in Washington, D.C. With their many investigations, subpoenas, and policy recommendations, the House China Committee has become the ‘beating heart’ of U.S. Congressional policy, which, with regards to technology, argues for selectively decoupling from China for national security reasons.[5] A way forward Faced with the U.S.’ decoupling or blunting strategies and China’s defensive deterrence strategy, what steps might European nations take to navigate through the choppy, contentious waters of strategic technologies? Are there also steps that Europeans can take to mitigate the impact on their own strategic technology vulnerability? First, recognizing the pivotal role of technology in the rapidly digitizing global economy, Europeans need to stress that it is in the collective interest of everyone to establish institutions, norms, and policies for effective global governance. Rather than engaging in reactive geopolitical maneuvers resembling a chess game, these institutions could concentrate on constructing a more cooperative foundation for crucial technology sectors. Second, along with this recognition, efforts could be directed toward the development of future institutions, policies, and norms that set standards for next-generation and sensitive technologies. Such efforts should take into account initiatives already made by the Chinese and the Americans. Such efforts could also coincide with a third approach of encouraging the Biden administration to adopt a comprehensive multilateral approach. The U.S. needs to push for collaboration beyond issues such as climate change and economic inequality to encompass the intensely competitive areas in technology like those discussed in this article. For one, Europeans could point out that U.S. blunting strategies are simply not working and may even be backfiring by accelerating Chinese technological advances. In September 2023, Huawei released the Mate 60 Pro smartphone equipped with a 7nm domestic chip, revealing that China has overcome some hurdles that U.S. bans were designed to stymie.[6] Since no one knows how long China’s defensive deterrence strategy will hold (and shift to what Chinese leaders believe is a more offensive deterrence), nor whether Trump or someone as equally anti-multilateral as Trump will be (re)elected, Europeans have many incentives to encourage a softer engagement between China and the U.S. Changing the narrative is a fourth important recommendation. It is essential to recognize that the essence of the Sino-American technology competition is more about narrative construction than a description of the current situation. One indication of this is that both sides believe that the other side started what has been described as the ‘new Cold War.’[7] It does not help that both sides have engaged in behavior that supports the other side’s narrative with some hawkish actors employing similar bash-the-other tactics to gain political advantage.[8] Typically, the factual basis for technological competition is grounded in industrial competition, corporate rivalry, or intellectual property disputes. However, the high-tech relationship between China and the United States has been one of complementarity as well as rivalry. Both China and the United States, as well as European stakeholders, need to be careful of the narratives they espouse, lest they become a self-fulfilling prophecy. This work has been funded by the REMIT project, funded from the European Union’s Horizon Europe research and innovation programme under grant agreement No. 101094228 Footnotes [1] EU Commission Recommendation of 3.10.2023 on critical technology areas for the EU’s economic security for further risk assessment with Member States. [2] Gregory C. Allen. 2023. ‘China’s New Strategy for Waging the Microchip Tech War.’ csis.org, May 3. [3] Jing Cheng and Jinghan Zeng. 2023. ‘Shaping AI’s Future? China in Global AI Governance.’ Journal of Contemporary China 32(143): 794-810. [4] See White Paper on AI Standardization, a Guide to the Building of a National Standard Framework for New Generation AI, a report on Ethical Norms for New Generation AI, a White Paper on Trustworthy AI as well as other regulatory documents. [5] Robbie Gramer. 2023. ‘The Masterminds: Washington wants to get tough on China, and the leaders of the House China Committee are in the driver’s seat.’ foreignpolicy.com, November 27. [6] Weiwen Wang. (2023). ‘China Breaks Through 7nm Chip Technology, Has the China-U.S. Tech War Entered Phase 2.0?’ (中国突破7纳米芯片技术 中美科技战进入2.0阶段?). Lianhe Zaobao (联合早报), September 17. Retrieved from https://www.zaobao.com.sg/news/china/story20230917-1433739 [7] Patricia M. Kim, Matthew Turpin, Joseph S. Nye Jr., Jessica Chen Weiss, Eun A Jo, Ryan Hass, and Emilie Kimball. 2023. ‘Should the US pursue a new Cold War with China?’ Brookings.edu, September 1. [8] Roberta N. Haar. 2020. ‘Will China replace the U.S. as the world’s predominant power?’ Atlantisch Perspectief 44(3):9-13.

Defense & Security
Hanoi Vietnam - Jan 30 2023: People go about daily life under Vietnamese flags in a narrow residential alleyway called Kham Thien Market in Hanoi, Vietnam.

Convergence in Vietnam, EU Interests a Harbinger of Indo-Pacific Order?

by Richard Ghiasy , Julie Yu-Wen Chen , Jagannath Panda

한국어로 읽기Leer en españolIn Deutsch lesen Gap اقرأ بالعربيةLire en françaisЧитать на русском In March and April, Vietnamese Foreign Minister Bui Thanh Son’s nearly back-to-back visits to the U.S. and China highlighted Vietnam’s increasing penchant for delicate diplomacy with major powers amid the U.S.-China strategic competition in the Indo-Pacific and Vietnam’s territorial tussles with China especially in the South China Sea (SCS), which Vietnam calls the East Sea. Much of the (perceived) disorder in the Indo-Pacific hails from the SCS, and one of Vietnam’s principal challenges is fostering order on its maritime borders. Therefore, Vietnam—historically distrustful of major powers—has been diversifying its relations by seeking security and defense ties with Indo-Pacific partners like the European Union (EU), India, and Japan, as well as with Russia, a country that poses an “existential threat” to the transatlantic allies. At the same time, Southeast Asia is battling disunity within the region for resolving disputes in the SCS, for instance. The regional multilateralism embodied by the Association of Southeast Asian Nations (ASEAN) seems to lack teeth even as China ‘controls’ some of its members using its financial and economic heft. So clearly, efforts beyond Vietnam’s “bamboo diplomacy” that deepen international solidarity are required. In a similar vein, Europe’s reluctant rapprochement with China in recent times amid the EU calling China a strategic challenge but continuing to look for economic engagement is reminiscent of Vietnam and much of Asia’s predicament vis-à-vis China. Moreover, like in Southeast Asia, not every member-country of the EU is embracing the Indo-Pacific construct, led by the U.S. Or even if a member does, like France or Germany, it does not spell the end of a productive relationship with China. Nonetheless, it is clear that the EU has started to take a greater interest in the growing geopolitical situation in the Indo-Pacific, even as the disunity over the extent of the Indo-Pacific priorities, including China, is as apparent. In such a scenario, is it possible for the EU and Vietnam, and by extension ASEAN, to have greater convergence, if not congruence, in their policies? Revisiting Vietnam’s Lack of an Indo-Pacific Tilt The Indo-Pacific, the maritime space and littoral between the western Indian and Pacific Oceans, has become the world’s most geopolitically critical region. In this region, much of the focus and debate among the EU’s more proactive members, such as France, the Netherlands, and Germany, is in response to Chinese unilateralism, trade dependency, and unchecked Sino-U.S. contestation. Several of these EU members have come to understand each other’s positions on the Indo-Pacific. Gradually, there is a realization that it is not just about what the EU and its members seek to accomplish in the region but just as much the perspectives and priorities of key Indo-Pacific resident actors—and their views on European strategies and contributions. Vietnam is one such country that is worthy of greater European strategic attention. Vietnam is known for its “bamboo diplomacy”—a reference to the bamboo plant’s strong roots, sturdy stems, and flexible branches—balancing ties with the two big powers, the U.S. and China. In the words of Foreign Minister Bui Thanh Son, Vietnam’s foreign policy caters to “independence, self-reliance, peace, friendship and cooperation, and multilateralization and diversification of external relations and proactive international integration.” However, Hanoi has never officially and fully embraced the term “Indo-Pacific” nor the U.S.-led Indo-Pacific construct although it does recognize that some aspects of the Free and Open Indo-Pacific tenet advocated by the U.S. and its allies are compatible with its national interests. For instance, the order in the Asia-Pacific, a term that Hanoi prefers to use, should be rule-based. This speaks to one of Vietnam’s most important foreign policy priorities: finding peace and stability in the SCS disputes with China and other claimants. However, the order that Vietnam seeks is in more than just the security domain. The goal of development has been the highest priority since Doi Moi (renovation) in 1986. Economic growth is considered the backbone of national security and regime legitimacy. Hanoi’s development of foreign relations can be said to be grounded in its national development experience, with the stress on economic priority leading to national stability and international standing. Vietnam chooses to engage in the Indo-Pacific construct on its terms. Vietnam and EU Convergence On both economic and security fronts, Vietnam and the EU can find converged interests that align closer to each other. Even as Hanoi has not officially adopted the term “Indo-Pacific,” the EU’s Indo-Pacific strategy, if implemented well, could address both Vietnam’s economic and security needs. Despite its security and military power limitations in the Indo-Pacific, the EU can still play a crucial role in effectively addressing these needs, which are vital for the EU’s strategic interests as well. The two already have a Framework Participation Agreement. Vietnam is also part of the EU’s Enhancing Security In and With Asia (ESIWA) project, which covers crisis management and cyber security. This also aligns with the EU’s Indo-Pacific Strategy, where Vietnam is considered a “solid” partner. Notably, both the EU and Vietnam face (potential) economic coercion from China. As China is now Vietnam’s largest trading partner, sudden trade restrictions hindering Vietnamese exports to China would dramatically hurt the Vietnamese economy. In this vein, Hanoi welcomed the EU-Vietnam Free Trade Agreement (EVFTA), hoping it would give opportunities to diversify its trading partners and thus mitigate the risks of economic coercion from China. On the other hand, the EU and its member-states are also trying to increase economic resilience by diversifying trading partners as they wrestle with economic overdependence on China. So, strategically, Brussels presents an excellent opportunity for Hanoi and vice versa. However, challenges remain. For example, all the EU member-states are still to ratify the Investment Protection Agreement signed along with the EVFTA. Even though this is usually a time-consuming procedure, the imperative to reap benefits as soon as possible has taken a setback amid a challenging geopolitical landscape. Nonetheless, the two sides are concerned about more than just traditional economic development; they are concerned about sustainable development and green transition. For instance, under the EU’s Global Gateway framework, the EU and Vietnam have signed the Just Energy Transition Partnership (JETP), which looks to provide a multi-projects credit facility worth €500 million. This is supposed to be the EU’s primary focus in Vietnam now. Yet, Hanoi’s cautious approach for fear of falling into any potential debt trap could stymie smooth cooperation. Projects involving vast sums of money, such as the JETP, are also practically challenging to push at the moment as officials are afraid to be the targets of the Communist Party of Vietnam’s anti-corruption campaigns. Vietnam would also be keen for ASEAN and the EU as blocs to reinvigorate multilateralism and shore up security cooperation, particularly in the SCS disputes. ASEAN states, in general, are looking to the EU as a non-threatening balancing power to reduce the impact of the China-U.S. strategic competition. Among the potential areas of cooperation between the EU and Vietnam within the ASEAN are regional climate action measures, food security, digitalization, and tech innovation. The two sides must also use their partnership to realize an ASEAN-EU FTA. EU as a Security Balancer? The EU and Vietnam also share their commitment to upholding the rules-based order—an essential component of security cooperation because of the region’s strategic importance. However, improving communication and understanding of maritime incidents more effectively is challenging. The SCS territorial conflict is simmering, particularly between China and the Philippines. In 2016, an arbitration tribunal constituted under the United Nations Convention on the Law of the Sea (UNCLOS) overwhelmingly ruled in favor of the Philippines, which China rejected. However, the ruling bolstered Vietnam’s claims, which were not openly welcomed by other ASEAN states besides the Philippines. In the absence of an agreement for a code of conduct (CoC) between China and ASEAN, which has been dragging on for years, China’s violations of international law in the SCS, including the latest against Vietnam in the Gulf of Tonkin, have increased. Against this scenario, Vietnam and the Philippines have signed maritime security deals. At the same time, Vietnam would be reluctant to do anything more drastic, such as support the Philippines in its attempt to draft a “separate” CoC for fear of Chinese retaliation. While Vietnam is less discussed in major global media than the Philippines on the issue, Hanoi is actively using diplomatic means to internationalize the problem, bringing in more players to address complex territorial disputes to safeguard its sovereignty and promote regional peace. In this context, winning the support of the EU and its member-states would be strategically important for Vietnam. The Vietnamese side can facilitate this by providing foreign entities, including the EU, with more transparent and timely information when incidents occur. Naturally, using a media strategy like the Philippines might sensationalize the issue, which might be different from what Hanoi prefers as it walks a tightrope to balance its complex relations with China. However, Hanoi can at least offer foreign diplomats transparent and detailed information in a timely fashion to help them verify and assess the situation on the ground. This will speed up the EU’s and other potential like-minded states’ response to sea incidents and foster ways forward for more multilaterally agreeable forms of modus vivendi in the South China Sea. Ultimately, such a modus should serve China too. EU No Longer a Bystander The EU’s recent stance on the SCS issue has been its respect for a rule-based order and freedom of navigation, strong opposition to unilateral actions, and supporting the ASEAN-led “effective, substantive and legally binding” CoC while mentioning China but not singling it out. This is a change from the EU’s pre-Indo-Pacific embrace when it was a more divided, neutral house. The EU’s heavy dependence on maritime trade through the SCS mandates that the EU can no longer stand as a bystander. However, ASEAN claimant states, particularly Vietnam, would perhaps expect a sharper or clearer position, which the EU has indeed been moving toward. For example, in March 2024, the EU released a statement expressing concerns about the incidents involving “repeated dangerous maneuvers” by the Chinese Coast Guard and Maritime Militia in the SCS. This tilts to the U.S. line, even as the U.S. has been more vocal in directly criticizing China on the SCS, by calling China’s claims “completely unlawful” even before the current events. One could argue that despite the U.S. and its allies having been vocal, this has yet to lead to a concrete resolution of the conflict. However, if the EU cannot send clear signals on the issue, the division among like-minded countries will be seen as weak and exploitable in China’s eyes. Importantly, this is true not just for the SCS disputes but also for China’s coercive activities in general. Therefore, given the convergent non-confrontational, inclusivity-, and economic interests-oriented attitudes of both Vietnam and the EU toward the Asia-Pacific/Indo-Pacific region, both sides are primed to embrace the other’s strategic outlook and up their game in the face of a challenging China and efforts to foster order.

Energy & Economics
USA and China trade war concept. suitable also as South China Sea conflict

Are tariffs, of all things, the salvation of free trade?

by Jan Cernicky

한국어로 읽기Leer en españolIn Deutsch lesen Gap اقرأ بالعربيةLire en françaisЧитать на русском We can talk about selective tariffs - but not about protective tariffs - Concerns about the effects of economic dependencies are increasingly overshadowing the benefits of open global trade. - In the current geopolitically charged situation, there may be situations in which trade policy dependencies - for example in the case of rare earths - can be mitigated by state intervention. - In such cases, selective tariffs are the best choice. Subsidies to build up own production capacities are significantly less efficient, more expensive and undermine the market principle. - Protective tariffs for industries whose products are sufficiently available on the global market, such as the automotive and steel industries, should be rejected. - The fundamental goal should be the preservation of rule-based world trade in accordance with WTO rules. Any kind of state intervention must be justified on the basis of solid data. Background During Chinese party leader Xi Jinping's visit to Europe in May, there was once again a lot of talk about economic dependencies. They are seen as a threat to the "economic security" of Germany and Europe. What often seems to fade into the background is that the arguments for a global division of labor remain valid: it enables general prosperity precisely because certain countries and regions concentrate on the production of individual goods and consequently do not produce others themselves. On the other hand, it is also true that the economic damage more than compensates for these advantages if a state such as China uses economic dependencies as political leverage and, in the worst case, stops supplying goods for which it has a monopoly. In principle, China has achieved such a monopoly for refined rare earths and some other smelted metals.1 However, this clearly does not apply to electric cars, steel or solar cells. The reason for such quasi-monopolies is simple: Chinese companies export the products in question so cheaply that production elsewhere in the world is not worthwhile. If this were solely due to the fact that Chinese companies produce better, the only correct response would be to roll up our sleeves and become better ourselves. In the case of rare earths from China, however, the advantage of Chinese manufacturers is largely due to direct and indirect subsidies. In such an environment, in which Chinese producers have massive cost advantages due to politically granted benefits, it is not worthwhile for private companies outside China to build up their own capacities for the production of rare earths, for example. Even if prices were to rise and economic production were possible, this would not be rational; state-supported Chinese companies can easily survive periods of low prices. The usual market mechanism, whereby companies with the most competitive solutions survive, does not apply here. Even technologically superior production methods do not prevail due to Chinese subsidies. Possible reactions The best economic solution is undoubtedly for the state not to react at all and to see the availability of very cheap products that are available for domestic consumption or for further processing as an advantage. The fact that the products in question have been made cheaper by Chinese taxpayers' money can be gratefully accepted. It would be a genuine and courageous system competition not to respond with the same instruments, but to maintain a market economy system and thus exploit the weaknesses of the counter-design. Shaping the economic framework conditions politically in such a way that innovations that provide alternatives to the use of the raw materials in question can be developed more easily would be a reaction that is still justifiable within the framework of the social market economy. This would be, for example, favorable recycling processes. In most cases, such innovations are possible. However, their introduction and application is significantly more expensive than importing standard products from China. If dependence on China is really not justifiable in individual cases,2 there are two possibilities for state intervention in the form of subsidies or tariffs, which may be justifiable in rare individual cases, but are not provided for within the framework of the World Trade Organization (WTO). Important indicators for the assessment of dependencies are, for example, the lack of substitutability of the imported good, the degree of concentration of supply in a country and the relevance of the good in question for the domestic economy. However, state intervention to protect domestic production sites, such as is being discussed for electric cars or steel, appears to be explicitly unjustifiable. There is a sufficiently diversified supply of such products on the global market and there is no dependency on just one country. Economic effects of tariffs and subsidies Tariffs and subsidies both aim to compensate for the price difference to cheaper foreign competitors. Tariffs make imports more expensive, while subsidies make domestic production cheaper through state subsidies. Both have a negative welfare effect, but the correlation is more harmful in the case of subsidies. Figure 1 uses a schematic example, which is not based on empirical data, to illustrate the effect if the costs of producing rare earths in Germany were reduced to the level of the import price from China (country 1) through subsidies.   With the subsidies, it is now economically viable for the subsidized companies to produce the rare earths from ore in Germany. The actually cheaper ways of importing rare earths from alternative countries or using other technical solutions remain more expensive and would hardly be used. The goal of reducing dependencies would therefore be achieved in a very expensive way. Large sums of taxpayers' money would be spent on this. In this example, the most expensive possible route is discussed in order to clearly demonstrate the negative consequences. In reality, however, it is very unlikely that the cheapest route in economic terms will be subsidized. This is because there are always many different providers and technical solutions, which means that all the options are often not even known or can only develop in the long term. It is therefore very unlikely that the optimal subsidy recipients will be selected. A benefit is created for a specific, relatively arbitrarily selected application, but not for others. The effectiveness of the market is thus distorted and the competitiveness of the location decreases as a result. As the subsidies compensate for a competitive disadvantage, it is unlikely that high additional tax revenues will be generated. The funds spent are no longer available for other state investments. The result is a loss of welfare on this scale. Only the subsidized companies benefit from this. The price at which rare earths can be purchased in Germany does not change. It is also possible to subsidize production abroad in order to reduce dependence on one country. Such models are being attempted via "raw material partnerships", for example. Such an approach can be significantly cheaper than subsidizing domestic production. In the example (Figure 1), only the significantly lower import price from country 2 would have to be subsidized. However, the other disadvantages of subsidies listed above also apply in this case. In particular, it is even more difficult to obtain all the necessary information for projects abroad and therefore even less likely to choose the most cost-effective option. The targeted tariffs discussed here are intended to respond to dependencies on supplies from a specific country. They are therefore only imposed on imports from this country. Other imports are not affected. To stay with the example, the importer pays a surcharge on the imported rare earths. This makes his product, for which he processes rare earths, more expensive domestically. Manufacturers abroad who are not affected by the duty become more competitive in comparison.    If the tariff rate were set in the same way as above so that the competitive disadvantage for the most expensive option - metal processing in Germany - is compensated for in terms of price, the tariff rate on imports from China would be very high. However, consumers of rare earths in Germany would still have access to the significantly cheaper other options. Metal processing in Germany would therefore remain unprofitable, while imports - now no longer from China, but from country 2 - would continue to be significantly cheaper. However, the price difference to the cheapest processing variant in Germany, in the example (Figure 2) recycling, would no longer be so great, so that this variant would be easier to make economically viable by scaling up or using innovative technical solutions. In reality, the introduction of customs duties would not divert all procurement to a single country; there is no capacity for this anywhere. The result would be a mix of different suppliers, which would make it more worthwhile to drive innovation in Germany. Changes in the price structure between the different providers and processes over time can be tracked by customers in this model - the best process (or the second best, if the best is used in China) then prevails on the market. The welfare loss here arises from the fact that consumption or further processing of the imported products becomes more expensive by at least the difference to the second cheapest source of supply. However, the volume of the welfare loss is significantly lower than in the case of subsidies. It can be argued that tariffs make the prices of downstream products in the supply chain more expensive, whereas subsidies do not. While this is true, it overlooks the fact that the much larger group of companies and consumers who are not directly affected do not suffer any direct additional costs in the case of tariffs, but bear the costs of subsidies through their taxes. Political effects of tariffs and subsidies In terms of their political and structural consequences, subsidies are more harmful than targeted tariffs. This is simply due to the procedure at the end of which individual companies receive a subsidy decision. An "objective" allocation is hardly possible here. On the contrary: the procedure is susceptible to personal relationships, political influence and direct corruption. Furthermore, subsidies that are only granted in one country of the European Union jeopardize the integrity of the European Single Market. Similar problems can arise with customs duties. This happens when they are used to protect certain domestic industries. In the case of targeted, selective tariffs, which are based on clearly defined, objective categories, such as the degree of dependence on a product from a country, there is little scope for political influence once the criteria have been established. Tariffs cannot harm the European single market either, as they can only be imposed at European level anyway. WTO conformity The reduction of tariffs and subsidies within the framework of the World Trade Organization (WTO) and the predecessor agreement GATT are a central reason for the reduction of global poverty in recent decades and one of the cornerstones of Germany's prosperity. It is therefore self-evident that tariffs and subsidies not only contradict the idea of the WTO. They also contradict its two basic principles: Subsidies for domestic production contradict the non-discrimination principle3, tariffs against individual countries violate the Most Favorite Nation Clause4. There are exceptions for both in the WTO rules. For example, WTO members must notify subsidies so that they can be examined and other countries can object to them if necessary. In principle, subsidies are only intended - and within a narrow framework - for developing countries, which still includes China. However, the notification of subsidies to the WTO hardly works any more. For example, 64 countries (around a third of members) have not even notified their subsidies for 20175. Nevertheless, some of China's subsidies may indeed be legal according to the letter of the WTO rules. But they are certainly not legitimate, as the aim of the WTO is to liberalize world trade and not to cement the opposite. And even if subsidies are known, the WTO cannot take legally binding action against them due to the dispute settlement mechanism blocked by the USA. Consequently, the USA has not reacted to the unresolved problem of China's subsidies within the WTO framework. Although tariffs have been imposed on some Chinese imports, the Inflation Reduction Act (IRA) is a huge subsidy program. If the dispute settlement mechanism were to work, the IRA would almost certainly have to be declared WTO-incompatible. However, as this path is blocked, many countries and regions of the world - including Germany and the EU at the forefront - are reacting with their own openly WTO-incompatible subsidy programs. The current subsidy race is constantly creating new reasons to impose subsidies in response to the subsidies of others. This will further damage the multilateral trading system, which has been very successful for Germany in particular. Targeted tariffs, on the other hand, which can be used to eliminate competitive disadvantages caused by subsidies and which are therefore only levied on goods from the subsidizing country, are in principle in line with the basic idea of the WTO. This is because it balances out a distortion of the world market created by subsidies. Therefore, tariffs are generally permitted as a reaction to dumping and subsidies6. A reaction to subsidies via tariffs within the strict WTO framework is currently hardly possible for the reasons mentioned above. In this situation, it should be actively communicated that in an unsatisfactory legal situation, the path of the least evil will be taken with tariffs. At the same time, serious efforts should be made to reform the WTO. Conclusion The argument: "We want to have the production of certain things in Germany because we believe that we would no longer be supplied with them in crisis situations" is not an economic argument. Production for strategic reasons is always a financially subsidized business. Because if there was money to be made, the private sector would do it. Politically, this line of argument is perfectly legitimate - as is the attempt to steer the economy directly in a politically acceptable direction through subsidies. However, this has nothing to do with a social market economy, but rather the opposite. However, if Germany and Europe are to remain committed to the social market economy and open multilateral trade, the only economically sensible response to problematic dependencies from abroad (if one has to respond at all) is to impose targeted, selective tariffs - but certainly not protective tariffs for domestic production sites. The German government should work within the EU to set a clear framework for this and at the same time work on a reform at WTO level to finally reduce the rampant subsidies. Because these - and not tariffs - are currently the biggest threat to the open global trading system that is so important to us. References 1 Vgl. etwa die Darstellung der Abhängigkeiten von für die Energiewende nötigen Metallen in Cernicky (2022): https://www.kas.de/documents/252038/16166715/Energiewende+und+Protektionismus+-+Wie+gehen+wir+pragmatisch+mit+China+um.pdf/442ba770-d504-43cc-25f1-eaf7d970dfc1, genaue Zahlen vgl. etwa die Auflistung des BDI: https://bdi.eu/publikation/news/analyse-bestehender-abhaengigkeiten-und-handlungsempfehlungen/ 2 Zum Versuch einer entsprechenden Bewertung vgl. etwa die von der KAS und dem Ifo-Institut durchgeführte Studie zu Abhängigkeiten in Lieferketten, Flach et al (2021): https://www.kas.de/de/analysen-und-argumente/detail/-/content/globale-wertschoepfungsketten 3 Art. III GATT 4 Art. I GATT/ WTO 5 WTO | 2023 News items - Members reiterate concerns on lack of transparency with subsidy notifications: https://www.wto.org/english/news_e/news23_e/scm_02may23_e.htm 6 GATT Art VI, Dumping und Ausgleichzölle Publisher: Konrad-Adenauer-Stiftung e. V., 2024, Berlin Design: yellow too, Pasiek Horntrich GbR Produced with the financial support of the Federal Republic of Germany. This publication of the Konrad-Adenauer-Stiftung e. V. is for information purposes only. It may not be used by political parties or election campaigners or helpers for the purpose of election advertising. This applies to federal, state and local elections as well as elections to the European Parliament. The text of this work is licensed under the terms of "Creative Commons Attribution-ShareAlike 4.0 international", CC BY-SA 4.0 (available at: https://creativecommons.org/licenses/by-sa/4.0/legalcode.de).

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.

Diplomacy
June 10, 2024 Washington DC President Joe Biden hosted the 10th Juneteenth celebration, which Vice President Kamala Harris

Joe Biden faces the record of his foreign policy

by Romuald Sciora

한국어로 읽기Leer en españolIn Deutsch lesen Gap اقرأ بالعربيةLire en françaisЧитать на русском After his visit to France, which is taking place these days, a crucial NATO summit, scheduled in Washington from July 9 to 11, awaits the American president, who, soon to end his term, must face the sad record of his foreign policy. Obviously, if we compare him to Trump, who was nothing but chaos and incompetence, there is no comparison. Nevertheless, if we are somewhat honest, we must recognize that the Biden years, as far as international affairs are concerned, will have been cruel. Cruel for America, which will have seen its influence diminish even more, and for the Western bloc in general, dragged along by it, to which the global South has ceased to give credit, in particular because of the double standards practiced in Gaza and Ukraine. The first major error was to condition the return of the United States to the Iranian nuclear agreement on Iran's strict compliance with the terms of 2015 and on new negotiations on ballistic missiles. While it was the United States that unilaterally withdrew from the Joint Comprehensive Plan of Action (JCPOA), the Vienna nuclear deal with Iran, under the Trump administration in 2018, leading Iran to increase its uranium enrichment and reduce its cooperation with the International Atomic Energy Agency (IAEA), it would have been more adroit for the Biden administration to make a gesture of goodwill towards Tehran by first returning to the agreement before making its legitimate demands. This would have changed nothing in substance, but everything in form, and we might not be here today. As imperfect as the agreement wanted by Obama was, and as unpleasant as the Mullahs' regime is, the JCPOA at least had the merit of having stabilized the region somewhat. Joe Biden's second mistake in international policy, this one of historic magnitude, of course concerns Ukraine. Readers of these correspondences know that, as the son of a Ukrainian woman and with family not far from the front line of the Minsk agreements, I condemned the illegal invasion led by Putin, a mafia president if ever there was one, on February 24, 2022. They may also remember that I pleaded, at the beginning of the war, for a “muscular” response from NATO, namely the creation of a no-fly zone over Ukraine, as Zelensky had requested. This was, in my opinion, the only way to calm things down and bring the Russian president, whose army had proven incapable of reaching kyiv, to the negotiating table. This is not the option that Washington has chosen. Instead, it has decided to arm the Ukrainian forces and push them to continue and continue a war that they will probably, and unfortunately, not be able to win, neither in the short term nor in the medium term – the long term does not exist since they will probably be abandoned by America by then –, due to a lack of sufficient men and equipment. Since we knew that without the risky deployment of allied troops on Ukrainian soil, which would probably have led to a new world war, the battle was lost in advance, it was irresponsible not to invite Volodymyr Zelensky to negotiate when, in the fall of 2022, Ukraine found itself, if not in a position of strength, at least in a favorable position in the Donbass. A missed opportunity that may not come again. The Ukrainian defeat that seems to be looming would therefore not only be that of Kiev, but also that of the policy of an American president trapped in the prism of the Cold War. This policy, devoid of strategy, will have consisted largely of waging a proxy war with Russia, without any precise objective, other than that of pushing Ukraine to fight until an improbable “final victory”. Finally, third and fourth significant errors: the visionless approach to the Israeli-Palestinian conflict, adopted by the 46th President of the United States throughout his term, who has never really tried to relaunch the peace process and the two-state solution, as well as his lack of consistency in his relationship with Benjamin Netanyahu, whom he nevertheless detests. A lack of consistency that led Joe Biden and his entourage to condemn the massacres committed by the IDF in the Gaza Strip while providing it with the weapons necessary to perpetrate them and which forced the United States to build an artificial port at more than 320 million dollars in order to deliver humanitarian aid to the Gazans, because Israel subjects land access points to drastic controls. Other inconsistencies in current American diplomacy could be noted, such as the sanctions against Cuba, decided by Trump and maintained by his successor, who, however, when he was vice-president, had been at the origin of the resumption of relations with Havana. But the image that will remain indelibly attached to Biden's international policy, and which will have set the tone for the majority of Americans, is the debacle in Kabul in August 2021. Biden is obviously not responsible for the Afghan disaster as a whole, but this unprecedented rout of American power is his work and bears his signature. While nothing was forcing the United States into haste, it was he who stubbornly clung to the August 31 date to conclude the American withdrawal negotiated by his predecessor. This chaotic end was then perceived as a humiliating defeat, revealing the failure of American foreign policy and the mismanagement of conflicts. Paralyzed in front of their screens, the American people saw their military power, a power that they were told was unparalleled in human history, thwarted by "peasants armed with Kalashnikovs and riding mopeds," to quote a television commentator. Joe Biden is a sincere man, full of good intentions, but a man who is definitely a prisoner of the past and therefore overwhelmed by the geopolitical challenges of today's world. In the Ukrainian crisis, he has led America and its allies into a deadlock, while his adversaries have consolidated a Sino-Russian bloc, allied with North Korea and Iran, and supported by South Africa, as well as many other states around the world, perhaps even India. The November election will obviously not be played out on the international stage, but this theme will nevertheless be present in the debates. Joe Biden will then find himself confronted with a record that few of his predecessors suffered while campaigning for re-election. To find a similar situation, we have to go back to the time of Jimmy Carter.

Defense & Security
japan,australia,usa and india friendship against china.Quad plus countries flags Quad plus countries flags over china flag.Quad plus countries. Quadrilateral Security Dialogue.

Trump II and US Nuclear Assurances in the Indo-Pacific

by Liviu Horovitz , Elisabeth Suh

한국어로 읽기Leer en españolIn Deutsch lesen Gap اقرأ بالعربيةLire en françaisЧитать на русском Why Australia, Japan, and South Korea Have Other Concerns While heated debates in Europe have focused on how to respond if Donald J. Trump is re-elected to the White House, discussions in Australia, Japan, and South Korea reveal a greater sense of confidence in Washington’s commitments. The fear that the United States would withdraw its nuclear assurances is much less pronounced in the Indo-Pacific than in Europe. This serenity appears primarily grounded in a shared understanding that a bipartisan consensus is driving the US commitment to contain China’s rise – a goal that requires reliable allies across the Pacific. At the same time, US allies want to maintain the regional status quo and are willing to support Washing­ton’s efforts. Trump’s potential return does little to change these structural incen­tives. Instead, Pacific allies fear challenges to the East Asian regional order, challenges that are also relevant for Europe’s security and prosperity. European and Pacific US allies share similar concerns about a potential second Trump administration: allies everywhere fear that Trump would once again pursue a trans­actional approach to US foreign policy. Disputes between allies would play out in public, unsettling domestic populations, delighting adversaries, and endangering the perceived credibility of the common defence policy. Given Trump’s penchant for cosying up to autocrats, both European and Pacific allies worry that Washington will either trade away key shared interests to extract questionable concessions from dictators or, if negotiations fail (again), that Trump will drag them into unwanted conflicts. However, beyond these shared concerns, policymakers in Canberra, Seoul, and Tokyo seem to be more confident. They believe they know how to manage Trump’s ego and can offer him lucrative deals. Furthermore, they assume that a second Trump adminis­tration will remain engaged in the Western Pacific, necessitating the presence of reli­able partners to maintain influence and contain China. These assumptions do not lead to fewer concerns, but to less fundamental concerns in trans-Pacific relations. However, European allies express fear that Trump may seek to undermine or even ter­minate NATO, which would result in the withdrawal of US nuclear assurances. Even in South Korea, public debate about its own nuclear weapons is primarily focused on the perceived threat from North Korea, rather than on concerns within the alliance. It is primarily the changed regional bal­ance of power and China’s ambitions that worry the trans-Pacific allies. On the one hand, the extensive competition between the US and China gives rise to the expectation that Washington will remain engaged and that the security relationship and extended nuclear deterrent in the Pacific will remain stable. On the other hand, this com­petition demonstrates to Pacific allies that the actions of the current and subsequent US administrations will have a decisive impact on the evolution of the balance of power and the regional constellation in the decades to come. There is therefore concern that a transactional second Trump adminis­tration could undermine protracted joint efforts to maintain order, laying the ground­work for eventual Chinese dominance in this strategically important region. A changing military balance of power Regional and global economic, political, and technological developments are shift­ing the balance of power in the Asia-Pacific region in very different ways than in Europe. After all, the starting position is completely different: Russia’s economy is only one-tenth the size of the EU’s, and Europe lacks political resolve and operational military capabilities rather than resources per se. The critical questions are whether the United States would defend Europe in a geographically limited crisis, whether the Western European nations would go to war for their Eastern European allies, and whether the current forces are adequate to deter or repel Russian aggression. In contrast, China’s economy is almost two and a half times larger than the com­bined economies of Australia, Japan, and South Korea – a difference that roughly mirrors the disparity in military spending. While Europeans have consciously delegated their security to Washington, US allies in the Western Pacific have limited options for developing their own conventional capa­bilities to counterbalance China. Hence, the US allies are primarily concerned with China’s determination to re­shape regional dynamics. Under Xi Jinping, Beijing has pursued a more confrontational foreign policy designed to advance China’s regional interests and diminish, if not eliminate, US influence across the Pacific. China has proved willing to underpin its combative diplomacy through both costly economic measures and the rapid modernisation of its armed forces. It is still assumed that the US will continue to play the lead­ing military role for the time being, as Washington retains superiority in conventional and nuclear capabilities as well as in many other areas. However, China is rapidly catching up and asserting its regional claims, making it increasingly difficult for the United States to effectively project power so far from its own shores. This is why allies fear that China could dominate the Asia-Pacific region in future. Against this backdrop, many see Taiwan’s future as the harbinger of the region’s pos­sible development. If Beijing were to con­trol this central component of the first island chain, it would gain both military and political leverage over the East and South China Seas – both of which are stra­tegically important. To signal its resolve, Beijing frequently conducts demonstrations of military power such as in the airspace separating the mainland from Taiwan. The trans-Pacific allies suspect that China could (soon) leverage both conventional and nuclear capabilities to present them with a fait accompli, thus gaining control over Taipei before the US could intervene. This would also damage Washington’s credibility as the guardian of regional order. Whether Beijing would indeed wage war against the United States over Taiwan, or whether it merely seeks to alter the military balance of power by exposing Washington, Taipei, and regional US allies to unacceptable escala­tion risks remains unclear – but the very fact that China keeps its intentions ambigu­ous raises worst-case fears. Nuclear threats In recent years, Beijing has been engaged in a major expansion of its nuclear arsenal. According to US forecasts, China could double the number of its nuclear warheads from the current estimate of 500 nuclear warheads by 2030. While Russia and the United States would still dwarf China’s nuclear forces numerically, Beijing appears to be aiming for the same qualitative league of strategic nuclear weapons systems as possessed by Washington and Moscow. The exact motives behind China’s nuclear build-up remain controversial. Yet the types of weapons and the pace of their development suggest that Beijing would at least like to weaken Washington’s escalation dominance in a crisis. Such developments could theo­retically strengthen the mutual nuclear deterrent between China and the US. On the one hand, it could reduce the risk of a global war. On the other hand, for Washing­ton’s Pacific allies this means that their protective power could no longer credibly threaten nuclear escalation and effectively deter Beijing. As a result, they would be outgunned in a conventional war with China. North Korea’s foreign policy, coupled with its nuclear build-up is a further cause for concern. According to estimates, Pyong­yang could currently have 90 nuclear war­heads at most at its disposal. However, it has significantly diversified its delivery systems. North Korea emphasizes a nuclear doctrine with which it could drive a wedge between the Pacific allies by threatening South Korea with tactical nuclear strikes and the US with strategic nuclear strikes. In addition, Washington and its allies perceive North Korea’s threshold for using nuclear weapons to be very low, as they assume that Pyongyang is also trying to deter con­ventional attacks in this way. Finally, the policy changes Moscow has implemented are intensifying regional con­cerns with respect to the future behaviour of China and North Korea. Russia maintains important military facilities in North-East Asia, militarises the Kuril Islands, and con­ducts strategic air and naval patrols with China across the Western Pacific. Moscow’s focus, however, is clearly on Europe. Never­theless, Australia, Japan, and South Korea fear the concrete consequences of Russia’s cooperation with Beijing and Pyongyang. It is clear that this cooperation fuels Moscow’s war in Ukraine. In the worst-case scenario, closer military cooperation could result in more coordination and opportunistic be­haviour to exploit each other’s conflicts or challenge the US and its allies with addi­tional crises. What is more likely, however, is not a trilateral front, but a triangular dy­namic that remains susceptible to mistrust, power calculations, and priority setting by the respective rulers – and which can none­theless boost existing challenges to regional security and non-proliferation. Moreover, the outcome of Moscow’s on­going war of aggression in Ukraine could set risky precedents for revisionist agendas in East Asia. At this point, China and North Korea could learn from Russia’s nuclear rhetoric how allies can be unsettled and deterred from going “too far” in supporting Ukraine. Converging interests and (radical) alternatives The challenges in the Asia-Pacific region could have a more serious impact on the regional and global order than the conflicts in Europe. They are therefore already influ­encing the balance of interests and thus the room for manoeuvre of the actors involved. First, there is a bipartisan consensus in Washington that American influence in the Pacific must be preserved. Most see the larger Indo-Pacific as the strategic centre of gravity, perceive US influence in the region as key to sustaining America’s preeminent position in international relations, and conclude that containing China is a must. Thus, even in a highly partisan political environment, the status of Taiwan and its treaty alliances with Australia, Japan, and South Korea remain essentially of unques­tioned importance to the United States. Second, Washington needs its allies in the Western Pacific. As the military gap with China narrows, the US military must rely on the critical bases, logistical support, and complementary capabilities of regional allies. Consequently, Australia, Japan and South Korea host significant US military forces, facilitating rapid deployment and sustained operations in the region. The US is not only seeking to strengthen bilateral security cooperation and can also work with Australia and Japan as indispensable partners for regional formats – such as the Quad that includes India – to pool resources to contain Beijing’s ambitions. Conversely, given China’s considerable economic power, any attempt to constrain its technological or financial capabilities requires wide-ranging cooperation. It is thus unsurprising that the Biden adminis­tration has actively sought to garner sup­port across the Indo-Pacific region to foster economic partnerships, supply chain resili­ence, technology transfers and research collaborations. Third, allies in the Western Pacific are prepared to contribute to more effective military action. Many European govern­ments, on the other hand, take US security measures for granted and are reluctant to divert funds from social and other purposes to their armed forces. Australia, Japan, and South Korea each have extensive trade rela­tions with China, having tied their prosper­ity to Beijing. To ensure that this beneficial balance can be maintained, Canberra, Tokyo, and Seoul have reliably invested in allied deterrence and defence. Australia and South Korea have done and continue to do so, even under governments that are more sceptical about relations with Washington. Fourth, although US allies in the Western Pacific greatly benefit from the current strategic arrangements, they have alter­native (even if not attractive) options avail­able – and Washington is acutely aware of this reality. On the one hand, policymakers in Washington suspect that if mistrust of US commitment were to reach an intoler­able level, its Pacific allies might decide to bandwagon with China. As Australia has no territorial dispute with Beijing, and Japan and South Korea have only one limited territorial dispute respectively with China, their concerns are more economic and po­liti­cal in nature. A different regional archi­tecture, though significantly less attractive, would not directly threaten their funda­mental interests and, therefore, would probably be tolerable. On the other hand, Japan and South Korea have the technical capabilities and sufficiently limited regional institutional ties – in Seoul also significant domestic political support – to constrain China’s coercive capabilities by acquiring their own nuclear weapons. In the absence of US reassurance, they could combine the two alternatives and side with Beijing from behind their own nuclear shield. Given these four fundamentals, there is relative confidence in Canberra, Tokyo, and Seoul that the US will continue with its secu­rity architecture in – and therefore with its extended nuclear deterrent for – the Western Pacific, whether or not Donald Trump wins the 2024 presidential election. Moreover, both Trump and his supporters have repeatedly struck a confrontational tone toward China, emphasising their wil­lingness to increase US power projection through military means. Counter-balancing by the United States and its allies Amid a shifting politico-military landscape and aligned US and allied interests in pre­serving the status quo, a concerted effort to counterbalance China’s military expansion is evident. These efforts are extremely ex­pensive. The sunk costs of this effort strongly suggest to all concerned that, regardless of who occupies the White House, the major strategic question facing the future admin­is­tration will likely be how to effectively con­tain China while both maintaining stra­tegic deterrence against Russia and avoiding the escalation of potential crises. For now, the United States seems to pursue a four-pronged strategy that involves developing additional nuclear capabilities, building up conventional options, enhancing allies’ capabilities, and expanding security co­operation. First, planners and pundits in Washington are assessing how to make better use of US nuclear options. While a major nuclear modernisation effort is underway, a grow­ing number of experts and politicians have concluded that the US arsenal needs to be expanded. In addition, the legislative branch has been pushing the Pentagon to pursue additional nuclear options, such as a nuclear-armed cruise missile (SLCM-N). The Trump administration already called for this in 2018 and would likely continue to pursue it, if it returns to power. More­over, some in the hawkish Republican camp are even calling for the first use of such low-yield nuclear weapons to be con­sidered in order to offset China’s operational advantages and prevent an invasion of Taiwan – but it is unclear how much weight such voices could carry in a second Trump term. Second, and more importantly, the US government is building up its conventional capabilities. Although many Democrats criticised the Trump administration’s 2019 decision to abandon the legal prohibition on deploying intermediate-range missiles, the Biden administration has pursued this same course. As a result, US armed forces will soon be deploying such missile systems to their European and Pacific bases; a planned relocation to the US base in Wies­baden was recently announced. For Asia, it has already been announced that the Dark Eagle hypersonic system will be fielded on Guam. In order to equalise the conventional balance of power with China, however, the various other US medium-range systems would have to be stationed on allies’ terri­tory. Given the high probability that Beijing would respond with harsh economic retalia­tion, it remains unclear whether – or under what conditions – Canberra, Tokyo, or Seoul would agree to such deployments. Third, the US government has been work­ing with its allies in the region to im­prove their own military capabilities. First, Australia, Japan, and South Korea continue to develop their national capabilities, par­ticularly where long-range strike capabilities and strategic naval assets are concerned. Sec­ond, the US government seeks to strengthen its allies’ early warning and missile defence capabilities. It is especially relevant that Washington appears to have shifted its posi­tion to weigh deterrence challenges more heavily than proliferation concerns. Indicative of this is the unprecedented technology transfer involved in providing Australia with stealthy nuclear-powered submarines. This transfer requires an un­paralleled level of verification to make it transparent that Canberra does not divert some of the highly enriched uranium needed for submarine propulsion to build its own nuclear weapons. Another example is the US decision from 2021 to lift all restrictions that had long been placed on South Korea’s missile development programs. Equally important is the widespread sale of Toma­hawk cruise missiles in recent years, includ­ing to Australia and Japan. Finally, while bilateral alliances with Washington continue to be characterised by patron-client relationships, Washington appears committed to empowering regional powers not only by helping enhance their capabilities, but also by expanding security cooperation and allies’ roles therein. For instance, the Biden administration wants Japanese shipyards to regularly overhaul US warships, which allows for their constant presence in East Asia. It also upgraded bi­lateral consultations which carve out a South Korean role in US nuclear operations. Further, it is pursuing technology transfers in advanced military capabilities that will buttress Australia’s strategic reach. Although these alliance initiatives bear the hall­marks of the Biden administration, they fit the “burden-sharing while preserving influ­ence” mantra. This tactic characterised Trump’s term in office and is currently aspired to by broad segments of the Repub­lican Party. Thus, while officials and experts in Australia, Japan, and South Korea expect communication and coordination mishaps, procedural quibbles, funding challenges, and implementation delays, these individ­uals strongly believe that bipartisan US sup­port for these measures will remain strong. Nevertheless, concerns abound Although some of Trump’s domestic sup­porters would welcome any reduction in US commitments abroad, a second adminis­tration would have to face the reality that abandoning extended nuclear deterrence remains fundamentally at odds with its primary goals. Abandoned by their long-time protector and facing massive threats, former allies would likely seek to appease China, and could acquire nuclear arsenals independently. Such developments would run counter to the interests of any US ad­ministration, including a Trump White House. Fears of nuclear abandonment are therefore not the dominant concern, leav­ing plenty of room for allies’ other worries. The Pacific allies invest relatively heavily in national and joint deterrence, and defence. But they are also worried about Trump’s penchant for pressuring allies to make con­cessions. Most in Seoul, for example, expect at least a repeat of the tough cost-sharing negotiations of the first term. Trump and his supporters have been vocal about demand­ing increased financial contributions from Seoul for the US troops stationed on the Korean Peninsula, frequently coupled with threats to withdraw some or all of those forces, references to the trade imbalance, and downplaying the threats posed by North Korea. Congressional support ensures the presence of US soldiers, but the White House has considerable leeway in determin­ing the size and mandate of these deployments – and many expect Trump to use security commitments to extract economic concessions from allies. Conversely, some in Canberra and Tokyo worry that a Trump administration would seek to renegotiate various military procurement agreements to shore up US financial gains – but few believe that existing agreements would be revoked in the course of such disputes. Another fear in Australia, Japan, and South Korea is that a second Trump admin­istration will reduce or abandon the Biden White House’s various regional security cooperation initiatives and want all rela­tions to again go through Washington first. On the one hand, Trump and his advisers may be pleased with the burden-sharing benefits associated with these new forms of cooperation and continue to pursue them. On the other hand, a GOP-led administration might seek a return to the traditional centralising “hub-and-spokes” system in order to exert more control over allies. The allies therefore fear that without US leader­ship, these intergovernmental initiatives are likely to stagnate, and competition among protégés for the attention of the common patron will be reignited. This might apply particularly to the very practical, but politi­cally sensitive, trilateral partnership be­tween Japan, South Korea and the United States. Less pronounced than the aforemen­tioned fears are concerns about Trump’s “deal-making” tendencies, such as being abandoned in a costly crisis or entangled in a regional conflict. Ambiguity surrounding Trump’s policies vis-à-vis China, North Korea and Russia reflect general uncertainties about future developments in Europe and East Asia as well as Trump-specific inconsistencies. With regard to China, most expect confrontational security and eco­nomic policies, while a few fear that Trump will seek a grand bargain with Xi. Trump has kept his stance on the status of Taiwan ambiguous: he could either reject all sup­port for Taiwan or, if faced with Chinese intransigence, decide to explicitly commit to defending Taipei. While the former would expose US allies to potential Chinese coercion, the latter could lead to an open military conflict with Beijing – and many allies do not trust Trump’s resolve in such a crisis. Regarding North Korea, most hope that Trump’s failed summitry with Kim Jong Un served as a sufficient lesson. How­ever, some worry he may seek to prove that personal relationships facilitate agreements that would otherwise be difficult to achieve. For example, he could again try to persuade Kim Jong Un to stop his nuclear build-up by offering economic incentives (thus effec­tively breaking sanctions). As a quid pro quo for Seoul, Trump could go so far as to quietly accept South Korean nuclear pro­liferation. Finally, concerning Russia, many fear that Trump might propose a deal to Putin to freeze the conflict in Ukraine, an approach from which Xi could draw con­clusions for revisionism in East Asia. Implications for Europe As Trump is prone to miscalculations and erratic behaviour, caution is required when trying to predict his future policy after re-election. Nevertheless, it is important to understand why Australia, Japan, and South Korea are less concerned about US nuclear assurances. Three conclusions can be drawn from this analysis for Europe. First, even if Trump is re-elected, fundamental changes in Washington’s relations with its Pacific allies are unlikely – which is good news for Europe. For one thing, European economic success depends on the absence of open conflict between China and the US. For another, stable relations in the Asia-Pacific are indirectly a boon to NATO, since US security provision in Europe is heavily dependent upon the success of its more important commitments across the Pacific. Nevertheless, considerable uncertainties remain due to structural challenges as well as Trump’s political agenda and per­sonal idiosyncrasies. However, the pressure from Washington on Europe to adapt its China policy is likely to increase under a second Trump administration, especially as it is likely to be almost exclusively com­posed of China hardliners (China hawks). Second, in the face of these risks, Europeans should recognise that Washington and the Pacific allies will expect economic-political rather than military contributions from Europe. It would therefore be advan­tageous if European governments could use their weight within the global economic system to support the US in containing China’s military expansion. If Europe now helps to influence Beijing’s technological and financial capabilities, it could imply European willingness to impose sanctions on China in the event of war. This would also send a strong signal against revisionism in East Asia. Given Trump’s unpredictability, steps that seem costly today may prove worthwhile in retrospect if regional stability in Asia is severely damaged. Last but not least, one valuable lesson can be gleaned from understanding why US allies in Asia hold more optimistic expec­tations about a potential second Trump administration. Ultimately, the source of their optimism lies in Washington’s depend­ence on its allies and their readiness to take on greater responsibility. Arguably, this particular equation is primarily a result of exogenous factors – such as the region’s strategic importance und China’s ambitions. But it should also now be clear to Europe’s decision-makers, experts and public that the more they invest in their own capabil­ities to influence regional security policy, the less they will have to worry about Washington’s vacillations. Dr Liviu Horovitz and Elisabeth Suh are researchers in the International Security Research Division. This paper is published as part of the Strategic Threat Analysis and Nuclear (Dis-)Order (STAND) project.