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Diplomacy
China and Taiwan's flag

Is Taiwan a De Facto Sovereign Nation or a Province of the PRC?

by Jeremy E. Powell

It is a running gag among the pro-Taiwan camp that if you were to ask ordinary folks about Taiwan five years earlier, most could not locate Taiwan on a map. At the time, matters relating to China were mainly debates about Donald Trump’s protectionist stance, as relations between Taiwan and China didn’t receive the attention many would warrant in the face of a potential war. However, ever since the outbreak of the coronavirus—now probably having originated from the Wuhan Institute of Virology—and the narrative of a grand alliance between Beijing and Moscow during the war in Ukraine, comparisons have been drawn between the fate of Taiwan and Ukraine. Even though CNN became confused between Taiwan and Thailand a year ago, any mention of Taiwan now will ring the alarm about how the United States can be deprived of semiconductors should it not respond to an imminent threat posed by China. As we move toward 2027, people have been arguing that the US should cease intervening elsewhere to concentrate its ability on defending Taiwan—in other words, Taiwan is the only case worthy of intervention. Unlike Ukraine, the case of Taiwan is more black-and-white as Taiwan stands as a victim of Chinese coercion. Whether on a purely strategic or moral argument, there is a lot of sympathy for Taiwan, regardless of political orientation. Nevertheless, war is still war, and in such a scenario, a confrontation between two superpowers is to be avoided at all costs. Even with nuclear weapons factored out, a clean victory for the US and Taiwan is unlikely due to logistical problems, encirclement, and the high cost of lives. In an interview on Tom Wood’s podcast, Joseph Solis-Mullen argued that the only possible way out is to abide according to the principles of the One China Policy—to lead Taiwan into reunification with China under the People’s Republic of China (PRC). Again, we should oppose a war with China, as it would only deliver catastrophe for the US, China, Taiwan, and likely the other countries surrounding Taiwan regardless of the outcome—though Solis-Mullen did acknowledge that should Taiwan fall under the control of the PRC, human rights in Taiwan will take a sharp turn for the worse. Even though the recent elections haven’t decisively favored the pro–Taiwan independence and anti-PRC Democratic Progressive Party, virtually no Taiwanese identifies himself as Chinese. Even the Kuomintang—the only large party that supports a One China Policy—argues that while Taiwan belongs to China, China is the Republic of China (ROC), not the PRC, and the Kuomintang has recently distanced itself from former president Ma Ying-jeou over comments that reunification is acceptable for Taiwan. After all, by the principle of self-determination and voluntary association (as close as it may get), Taiwan is effectively a country in all but on paper. As far as adherence to the principle of armed neutrality goes, Taiwan shouldn’t receive US arms shipments or a security guarantee (which it has under the Taiwan Relations Act). However, the constraint is that China forces countries that want to establish diplomatic ties with China to adhere to its version of the One China Principle, which stipulates that the legitimate government of China is the PRC. Taiwan, however, can’t move away from the One China Principle but can argue that the ROC is the legitimate government of China. However, the reality is different off-paper where Taiwan is a country. China can coerce countries into either choosing the PRC or the ROC, but it can’t afford to fully coerce everyone. While there’s a strategic side to US-Taiwan relations—given Taiwan’s position in the first island chain—the commercial side is undeniable, thanks to the dominance of the Taiwan Semiconductor Manufacturing Company in the semiconductor industry. In other words, there’s a reason why the so-called Taipei Economic and Cultural Offices (or Taipei Representative Offices) are there as de facto Taiwanese embassies. While there is a strong element of strategy at play, the US need not abolish all ties with Taipei, just arms sales and defense guarantees as neither China nor the US is willing to risk trade relations to a level too deep. While this may trigger alarm bells for people who support Taiwan, chances are that Japan, Australia, and even some Southeast Asian countries would prefer Taiwan to remain as it is. For many of these countries, a takeover of Taiwan means a step further for China to infringe upon their territories and disrupt trade routes. While it didn’t announce whether it would directly intervene, Japan has labeled Taiwan as a matter of national security and has been bolstering its own defense over the fears that the US might not help Japan. With a military persistently known for corruption and now a diplomatic emphasis on softening tensions, Beijing sees war as undesirable as well. As stated before, the world is not as remarkably united and can be separated into three blocs as it was during the Cold War. “Allies” of the US would prefer to delegate their responsibility to defend themselves to the US, even if they can do the job themselves and keep a check on one another. As for how we should see Taiwan, it’s a country that in some cases might be more libertarian than the US (except for conscription). Whether people want to debate the similarities or differences between “acknowledging” and “affirming” the One China Principle, it doesn’t erase the fact that Taiwan for all intents and purposes is a sovereign country.

Diplomacy
Chancellor Sholz and Prime Minister Ibrahim in Berlin

Press conference by Federal Chancellor Scholz and the Prime Minister of Malaysia, Anwar Ibrahim, on Monday, March 11, 2024 in Berlin - Wording

by Olaf Scholz , Anwar Ibrahim

BK Scholz: A warm welcome, Mr. Prime Minister! I am delighted to welcome you here to Germany for the first time. Your visit is a very special start to a Southeast Asia Week with several high-ranking visits from this important region of the world here in Berlin. The Indo-Pacific region is of great importance to Germany and the European Union. We therefore want to intensify political and economic cooperation. Germany already maintains close economic relations with the region. Malaysia is Germany's most important trading partner in ASEAN. This is of great importance because it is associated with many direct investments in the country, but also with all the economic exchange that results from this. We would like to further expand this partnership. Of course, this is particularly true with regard to the objective of further diversifying our economic relations with the whole world. We want to have good economic and political relations with many countries. We also want closer cooperation on climate protection and the expansion of renewable energies. We are therefore very pleased with Malaysia's announcement that it will stop building new coal-fired power plants and dramatically increase the share of renewable energies. We think this is very important. Malaysia and Germany are established democracies. We are both committed to multilateralism and compliance with international law. It is therefore also right that we deepen our security and defense cooperation. The defense ministries are already working on the necessary cooperation agreements. Of course, we also discussed developments in the Middle East, developments in Gaza and the situation following the Hamas attack on Israeli citizens. It is no secret that our perspective on the Middle East conflict is different to that of others. But that makes it all the more important to exchange views with each other. In any case, we agree that more humanitarian aid must reach Gaza. This is also our clear call to Israel, which has every right to defend itself against Hamas. We do not believe that a ground offensive on Rafah is right. An important step now would also be a ceasefire that lasts longer, preferably during Ramadan, which has now begun and during which we broke the fast together today. Such a ceasefire should help to ensure that the Israeli hostages are released and that, as I said, more humanitarian aid arrives in Gaza. We also have a very clear position on long-term development. Only a two-state solution can bring lasting peace, security and dignity for Israelis and Palestinians. That is why it is so important that we all work together to ensure that a good, peaceful perspective, a lasting common future is possible for Israelis and Palestinians, who coexist well in the two states. Of course, the world is marked by many other conflicts and wars, especially the dramatic war that Russia has started against Ukraine. It is a terrible war with unbelievable casualties. Russia, too, has already sacrificed many, many lives for the Russian president's imperialist mania for conquest. This is against all human reason. That is why we both condemn the Russian war of aggression. It is important to emphasize this once again. The Indo-Pacific is of great importance for the future development of the world. Of course, this also applies to all the economic development and development of the countries there. I therefore welcome the efforts of Malaysia and the ASEAN states to settle disputes peacefully and to find ways to ensure that this becomes typical of everything that has to be decided there. Any escalation must be avoided at all costs. Peace and stability must always and everywhere be maintained on the basis of international law. This applies in particular to the freedom of the sea routes and compliance with the UN Convention on the Law of the Sea. That is why the ongoing negotiations on the Code of Conduct are so important. Thank you once again for coming to Berlin on the first day of Ramadan, at least for our location. We broke the fast together earlier. For me, this is a good sign of peaceful coexistence and solidarity. I see it as something very special. Ramadan Kareem! PM Anwar: Thank you very much, Mr. Chancellor, dear Olaf! Thank you for your wonderful hospitality and for bringing us together today to break the fast! Germany is of course one of our most important partners in Europe. We have seen a huge increase in trade and investment. We can see that major investments have been made. We have visited Siemens. Infineon is a big investor in Malaysia and is showing its confidence in the country and the system here. There are many other examples of companies operating in Malaysia. Of course, my aim is always to expand bilateral relations in the areas of trade and investment and also to benefit from your experience, both in the field of technology and in environmental and climate protection issues. We have set ourselves clear goals for the energy transition. We have drawn up an action plan that is also in line with your policy. Renewable energy, ammonia, green hydrogen - we are pursuing these very actively. Fortunately, Malaysia is also a hub within ASEAN for these renewable energies and technologies. We welcome the German interest in this, also with regard to new investments in the renewable energy sector and with a view to climate change. We have of course discussed this cooperation on this occasion and I am pleased with the Chancellor's willingness to tackle many of these issues. Sometimes we have small differences of view, but it really shows the trust we have in each other. As far as the war in Gaza is concerned, we agree that the fighting must stop. We need a ceasefire immediately. We also need humanitarian aid for the people of Palestine, especially in Gaza. Of course we recognize the concern about the events of 7 October. We also call on Europeans, and Germany in particular, to recognize that there have been 40 years of atrocities, looting, dispossession of Palestinians. Let us now look forward together! I agree with the Chancellor on what he said about the two-state solution. It will ensure peace for both countries. Together we can ensure that there is economic cooperation and progress for the people in the region. We have also positioned ourselves with regard to the war in Ukraine. We have taken a very clear stance against aggression, against efforts to conquer. This applies to every country and, of course, also to Russian aggression in Ukraine. We want a peaceful solution to the conflict. Because this conflict has an impact on trade and economic development as far away as Asia. We have a peaceful region. ASEAN is currently the fastest growing economic area in the world, precisely because it is so peaceful - apart from the issue in Myanmar, but that is contained within Myanmar. The conflict has not spread to the region, although there are of course refugee movements. Within ASEAN, we have jointly agreed on a five-point consensus and the parameters by which the issue can be resolved. The ASEAN countries have agreed that Laos, Malaysia and Indonesia would like to lead the troika together and resolve the conflict with Myanmar. Then there are other issues such as the South China Sea and China. I assured the Chancellor that we are getting along well with China. We have not seen any difficult incidents, but of course we see ourselves as an absolutely independent country. We are of course a small country, but we stand up for our right to cooperate with many countries to ensure that the people of Malaysia also benefit from these mechanisms and from cooperation with other countries. Once again, Mr. Chancellor, thank you very much for this meeting. I am very impressed by your insight, by your analysis of the situation. It is very impressive to see what a big country like Germany is doing, and it was also good to share some of our concerns. I am pleased with the good cooperation. It's not just about trade and investment, it's also about the overall development of bilateral relations in all areas. I also told the Chancellor that the study of Goethe is gaining interest in Malaysia. Questions from JournalistsQuestion: Mr. Prime Minister, can you tell us something about the progress of German investment in Malaysia and can you say something about the challenges for the government in the transition to renewable energy in Malaysia? Mr. Chancellor, in 2022 you spoke about the turning point in German foreign and security policy. But if you now look at ASEAN or Southeast Asia: How does Germany see Malaysia in terms of its bilateral importance, trade and also regional issues? PM Anwar: Within the European Union, Germany is our biggest trading partner. They have made large investments, up to 50 billion US dollars. I have already addressed Infineon and many other leading German companies and I have said in our discussions that we are very pleased that they have chosen Malaysia as an important hub, as a center of excellence, as a training center in the region and I look forward to further cooperation in this area. Of course, I also mentioned that education should be a priority. There are 1000 Malaysian students here in Germany and also several hundred German students in Malaysia. We are also very happy about that. We are working with many German companies to train people and strengthen cooperation. We have taken important steps in renewable energy. We are investing in solar energy, in green energy and in our renewable energy export capacity. There is now an undersea green energy cable to the new capital of Indonesia, another to Singapore, and another cable to the Malay Peninsula. You can also see from the fact that data centers and artificial intelligence are growing and thriving in the Malaysian region that this has great potential. BK Scholz: Thank you very much for the question. - First of all, the turning point lies in the Russian attack on Ukraine. This was the denunciation of an understanding that we have reached in the United Nations, in the whole world, namely that no borders are moved by force. But the Russian war of aggression is aimed at precisely that, namely to expand its own territory as a large country at the expense of its neighbor - with a terrible war. We cannot accept this - not in Europe and not anywhere else in the world. That is why it is right for us to support Ukraine and to do so in a very comprehensive manner. After the USA, Germany is the biggest supporter - both financially and in terms of arms supplies - and in Europe it is by far the country that is making the greatest efforts to help Ukraine defend itself. But this touches on an issue that is important for the whole world. Anyone who knows a little about the history of the world - and it is colorful and diverse - knows that if some political leader is sitting somewhere, leafing through history books and thinking about where borders used to be, then there will be war all over the world for many, many years. We must therefore return to the principle of accepting the borders as they are and not changing them by force. That is the basis for peace and security in the world. That is why we are also very clear on this together. For Germany, however, this does not mean that we lose sight of our own economic development, the development of Europe and the world. As you may already have noticed, it is particularly important for the government I lead and for me as Chancellor of Germany that we now make a major new attempt to rebuild relations between North and South and to ensure that we cooperate with each other on an equal footing in political terms, that we work together on the future of the world, but that we also do everything we can to ensure that the economic growth opportunities and potential of many regions in the world are exploited to the maximum. This is why economic cooperation between Europe and ASEAN, between Germany and ASEAN, between Germany and Malaysia plays such an important role, and we want to make progress in the areas we have just mentioned. Renewable energies are central to this. We know that: We need to increase the prosperity of people around the world. Billions of people want to enjoy a level of prosperity similar to that which has been possible for many in the countries of the North in recent years. If this is to succeed, it will only be possible if we do not damage the environment in the process, which is why the expansion of renewable energies is so important. New and interesting economic opportunities are also emerging, for example in the area of hydrogen/ammonia - this has been mentioned - because the industrial perspective of the future will depend on more electricity, which we need for economic processes - and this from renewable energies - and on hydrogen as a substitute for many processes for which we currently use gas, coal or oil. Driving this forward and creating prosperity together all over the world is a good thing. The fact that the German semiconductor industry and successful German companies in the electronics sector are investing so much in Malaysia is a good sign for our cooperation. We want to intensify this. Question: Thank you very much, Mr. Prime Minister. Your government supports Hamas and, unlike Western countries, has not described Hamas' attack on Israel as terrorism. In November you said that Hamas was not a terrorist organization. Do you stand by this assessment and are you not afraid that this position on Hamas could affect relations with countries like Germany? Mr. Chancellor, I have a question for you: Do you think that Malaysia's position on Hamas could damage bilateral relations between Germany and Malaysia? And if I may, one more question on Ukraine: Germany is still discussing the delivery of cruise missiles to Ukraine. The Foreign Minister said yesterday that a ring swap with the UK was an option, i.e. Germany sending Taurus cruise missiles to the UK and the UK then sending its Storm Shadow cruise missiles to Ukraine. Do you think this is also an option? PM Anwar: Our foreign policy position is very clear and has not changed. We are against colonialism, apartheid, ethnic cleansing and dispossession, no matter in which country it takes place, in Ukraine or in Gaza. We cannot simply erase or forget 40 years of atrocities and dispossession that have led to anger in the affected societies and also action after action. Our relations with Hamas concern the political wing of Hamas, and we will not apologize for that either. This cooperation has also helped to raise concerns about the hostages. We have no links with any military wings. I have already said that to my European colleagues and also in the US. But we have some different views. The Australian National Congress also recognized long before the Europeans or Americans that this apartheid policy must be abolished. That's why we have taken that position. We need to understand what the fundamental problem with this is. We cannot allow people to be plundered, to have their homes taken away from them. This has to be solved. Am I in favor of people, of children being killed? Absolutely not. No, nobody should do that. That is the consistency in our politics. But I am against this obsession, this narrative, as if the whole problem started on October 7 and would end then. It didn't start on October 7, and it won't end then either. It started 40 years ago and it's still going on today. Against this background, I am of the opinion - and I have also said this to the Chancellor - that we should now look to the future. We have a problem. Do we want to deal with history now, with the atrocities that have happened, or do we want to solve the problem now? Solving the problem now means: the fighting must stop, the killing must stop. Then the whole international community - Germany, Malaysia and all neighboring countries - can ensure that there is no more violence, from any group, against anyone - not against Muslims, Christians or Jews. People must be able to live in peace. Thank you very much. BK Scholz: I have already said it and I would like to repeat it again: Germany's position is clear. Israel has every right to defend itself against the terrorist attack by Hamas. We have always made that clear in recent days, weeks and months, and it remains so. Israel can rely on that. At the same time, we have clear positions on further developments, and these have already been stated. Let me say this once again: we want more humanitarian aid to reach Gaza. We want the hostages to be released, unconditionally. We want there to be no unnecessary victims. That is why we have said very clearly what forms of military warfare are compatible with international law and what we find difficult. I have spoken out on Rafah and on the need for a long-term peaceful perspective with a two-state solution that makes it possible for Palestinians in Gaza and the West Bank to live peacefully in a separate, self-governing state alongside Israel - as a democracy in the region, and where the citizens of Israel can also rely on us. That is the perspective we are working for and what is at stake now. That is why we are working - despite the different assessments of the specific issue - on a peaceful perspective, which is necessary. I would like to repeat what I have to say on the issue of supporting Ukraine in its defense. Germany is by far the country that is providing the most support for Ukraine - financially, but also in terms of arms deliveries. All in all, the deliveries to date and those promised amount to 28 billion euros and 30 billion dollars. That is a considerable sum. We have mobilized everything to ensure that Ukraine receives the necessary support from us - ammunition, artillery, tanks, air defence of various kinds, which is also highly efficient and very much appreciated. Our support is reliable and continuous. Ukraine knows this, and we hear time and again how much this great support is appreciated there. As far as the one weapon system is concerned, I am of the opinion that it cannot be used without control in view of its effect and the way in which it can be used, but that the involvement of German soldiers is not justifiable, not even from outside Ukraine. I have therefore said that I do not consider the deployment to be justifiable and that it is therefore not a question of direct or indirect involvement, but of us being clear on this specific issue. My clarity is there. It is my job as Chancellor, as head of government, to be precise here and not to raise any misleading expectations. And my answers are correspondingly clear. Question: Good afternoon, Excellencies! You both mentioned the situation in Gaza and said that we must look ahead to a two-state solution. But how much influence can this meeting have on a humanitarian ceasefire? PM Anwar: Germany is an important country in Europe and has established good relations with Israel, and we have somewhat better relations with Palestine, with the Palestinian Authority and also with the political Hamas. Other Arab countries and neighboring states of Palestine and Israel are doing what they can. We should also be a little more positive. It is of course a chaotic situation, an uncertain situation. There is no easy solution. The Palestinians have suffered a lot. The Netanyahu government has also been very clear in its stance. There is no easy solution. We have to stop the killing of innocent people on both sides, the killing of civilians. We now need a permanent ceasefire and, ultimately, a two-state solution. This is also possible if the international community has the courage and determination. I have said: sometimes you get really depressed when you have the feeling that this case has already been morally abandoned and that there is no real will from all countries to stop the war and find a solution. I am sure that the countries of the Middle East, the international community, Germany and the other parties involved want this peaceful solution. BK Scholz: We would all have liked the start of Ramadan to have been accompanied by a longer-lasting ceasefire, which would have been linked to the release of the hostages by Hamas and also to an increase in humanitarian aid reaching Gaza. Having said that, the aim now is to bring this about as soon as possible. I believe that would be very important for everyone and could also create prospects for further developments. That is what is at stake now. We are in agreement with the American government and the European Union in everything we do. Many people around the world are also trying to work in this direction - as we have heard here, but this also applies to neighboring countries. What we must prevent is an escalation of the war. We also warn against Iran or the Iranian proxies becoming more involved in this war than is already the case. This must be resolved soon. As I said, how this can be done is something that is very clear to me, to the European Union, to the USA and to many others, and it has also been mentioned here together. Question: Mr. Prime Minister, you said that history should be left behind. But for the Israeli hostages, October 7 is still the present, also for their families. Regarding the talks you are holding with the political leadership of Hamas: What are you talking about? How much hope do you have that these hostages will be released soon? Can you also say something about what you saw on October 7 and the fact that these hostages are still being held by this terrorist violence? Mr. Chancellor, you recently met the Pope, who has now caused controversy with his statements on the white flag, which Ukraine has taken to mean, as the Foreign Minister said, that the Church is behaving more or less as it did at the beginning of the 20th century, in other words that the Church did nothing against Nazi Germany at that time. How do you react to the Pope's statements? PM Anwar: Thank you. I have already made my opinion clear. You cannot simply overlook the atrocities of the last four decades, and you cannot find a solution by being so one-sided, by looking only at one particular issue and simply brushing aside 60 years of atrocities. The solution is not simply to release the hostages. Yes, the hostages should be released, but that is not the solution. We are a small player. We have good relations with Hamas. I have told the Chancellor that, yes, I too would like the hostages to be released. But is that the end of it, period? What about the settlements, the behavior of the settlers? No, it goes on every day. What about the expropriations, their rights, their land, their dignity, the men, the women, the children? Is that not the issue? Where is our humanity? Why is there this arrogance? Why is there this double standard between one ethnic group and another? Do they have different religions? Is it because of that? Why is there a problem? Yes, we want the rights of every single person to be recognized, regardless of whether they are Muslim, Jewish or Christian. I am very clear on that. But of course I cannot accept that the issue is focused on just one case, on one victim, and that the thousands of victims since 1947 are simply ignored. Is humanity not relevant? Is compassion not relevant? That is my point. Do I support any atrocities by anyone towards anyone? No. - Do I want hostages to be held? No. But you can't look at the narrative in such a one-sided way. You can ask if I disagree with some subgroups. But that's not the way to solve the issue. We have to be fair, just, and find an amicable solution that is just, that is fair. BK Scholz: Once again what I have already said: Germany has a special and good relationship with Israel. That is very important to us. That's why Israel can also rely on us. You have a clear position on what is necessary now. That includes the release of the hostages. That includes humanitarian aid. It includes the prospect of a two-state solution. I have already spoken about this, I just want to mention it again here. This is also important for us. We were very supportive of the founding of the state of Israel, and German policy will continue to develop along these lines. As far as the Russian war of aggression against Ukraine is concerned, Germany's position is very clear: Ukraine has the right to defend itself, and Ukraine can rely on us to support it in many, many ways. I have already said that we are very far ahead when it comes to the volume and quality of the arms supplies we have provided. That is also true. That is why, of course, I do not agree with the position quoted.

Diplomacy
Altar with a portait of King Maha Vajiranlongkorn of Thailand

Opinion – The Future of Monarchies in Southeast Asia

by Pavin Chachavalpongpun

It is a conventional wisdom that monarchy has become an anomaly. In the case of Southeast Asia, this axiom is valid only up to a point. Despite the institutional upheavals, caused by colonialism and its dismantling, the region contains one ruling monarchy (Brunei), and three varieties of constitutional monarchy (Cambodia, Malaysia and Thailand) of some political import. Whether the anomaly of monarchies surviving is due to the persistent and natural workings of traditional political values, or whether their existence, besides being partly fortuitous, is now manipulated by elites (even by monarchs themselves), in order to pre-empt the destructive or destabilising effects of modernisation – the very modernisation which seems to make the survival of the monarchy rather unpredictable. The purpose of this short article is not to treat the subject as an anomaly, but to provide some pointers to the survival of monarchies in Southeast Asia under the new political climate. It is not just modernisation that has contested the political relevance of the monarchies, democratisation has posed a threat to their existence too. In the age of democratic consciousness, a question emerges: is monarchy compatible with democracy? So far, some monarchies have successfully entrenched their rule against the tide of democracy. Some are potentially becoming the target of annihilation. For example, the youth-led protests in Thailand in 2020 called for immediate royal reforms. Protesters risked violating the draconian lèse-majesté law which forbids critical discussions on the monarchy. This was the first time in the Thai history in which the monarchy has been made a public agenda. Talks on republicanism in Thailand have remained a taboo. Yet they are proliferating. I argue that the future of monarchies in Southeast Asia depends on the combination of their personal and political capabilities and how they transpire as a non-threatening factor to democracy, at three levels: personal, national and international. At a personal level, the monarchs, more than ever, need to exhibit their increased accountability, transparency and responsibility, if they want to live side-by-side with a democratic regime. On mainland Southeast Asia, the concept of divine kingship has remained highly sacred. The Thai and Cambodian kings are supposed to perform as Buddhist Dhammarajas, or virtual kings, so as to augment their charisma, and subsequently reverence, from their subordinates. Much in the same vein, the Sultans must show that they exercise their royal authority based on Islam. The religious sanctity of the throne is indispensable for the existence of the monarchies. It demonstrates the close intertwining between kingship and religion, and if used wisely, it can enhance further the level of divinity of the monarchs. The collapse of Nepalese monarchy was partly caused by the king’s fading faith in religion. At a national level, the monarchy’s position is intricately related to its role as guardian of democracy. The monarchies, in the democratic world, are obliged to play a crucial part in supporting democratic constitutionalism, as seen in the case of Britain. They may serve as an important symbol of national unity and harmony, particularly in deeply divided societies. In transitional societies, they may assist in bridging past with present to ensure political stability by supporting democratisation and rule of law. In time of crisis, from war, political violence, terrorist attack to natural disaster, monarchs may help the country mourn and heal as part of restoring peace and normalcy. The Japanese Emperor provided an example as a national healer by visiting those affected by tsunamis and earthquakes in the past. Monarchs may be expected to give advice to the head of executive power and perform an essential check on the power of elected legislators. Lastly, at the international level, the monarchies may need to ensure that their existence is in the interests of powerful foreign allies, and that they remain an essential political institution. The United States was known to be a guarantee of security of the Thai monarch during the spread of the communist threat in the region. Foreign recognition of monarchies is important for their survival. All these guides to longevity of monarchies in Southeast Asia do not automatically offer a rosy picture for their future. New factors emerge from time to time to challenge the integrity and legitimacy of their rule. Using illegitimate weapons to manage such challenges may prove counterproductive. They do not necessarily display the monarchs’ ultimate power, but rather their desperation, and insecurity, to cling on to it. The monarchical system has been around for thousands of years. It has become less forceful, and in some cases has ceased to exist, as nations of the world have accepted democracy as the final form of government. The key to the survival of the monarchical institution, therefore, rests on the way in which it acts and reacts in a complementary manner to the rising desire of the people for democracy.

Diplomacy
President of South Korea Yoon suk yeol with Japan's Prime Minister Fumio Kishida

President Yoon is lauded in West for embracing Japan − in South Korea it fits a conservative agenda that is proving less popular

by Myunghee Lee

When South Korea President Yoon Suk Yeol broke out into an impromptu performance of the song “American Pie” at a gala White House dinner in 2023, it was more than just a musical interlude. It was symbolic of how on the big Indo-Pacific issues of the day, Washington and Seoul are singing from the same songbook. But so, too, is Japan. And for South Korea’s karaoke-loving leader, that means humming a different tune to predecessors on the international stage – and risking hitting a sour note back at home. Yoon, who took office in May 2022, has embraced closer ties with Japan, South Korea’s former colonizer, as part of an alignment with U.S.-led security cooperation in the Indo-Pacific region. It entails a more demanding stance toward North Korea’s denuclearization and a watchful eye on China and its increasing assertiveness in the South China Sea. The approach culminated in a historic Camp David summit in 2023 aimed at solidifying relations between South Korea and Japan. Such rapprochement with Japan has won Yoon plaudits in the U.S. But it has done nothing to improve his popularity back home. In South Korea there is growing disapproval of Yoon’s leadership. Critics point to an illiberal streak in his rhetoric and policies, which has included attacks on his critics and the media. It has, they contend, contributed to a worrying trend of democratic erosion in Korea. Yoon’s poll ratings are sinking at a time when his conservative party seeks control of parliament in elections slated for April 10, 2024. As scholars who study democratization and authoritarian politics and modern Korea, we are watching as these concerns grow in the run-up to the parliamentary elections. That vote will prove a test of the popular support for Yoon, his domestic agenda and his vision for South Korea’s more outward-looking international role. Japan is ‘now our partner’ Yoon struck a raw nerve in an Aug. 15, 2023, speech celebrating National Liberation Day in Korea, in which he affirmed the country’s partnership with neighboring Japan. He said the country’s former colonial occupier is “now our partner, sharing universal values and pursuing common interests,” and emphasized that “as security and economic partners, Korea and Japan will cooperate with a forward-looking approach, contributing to global peace and prosperity.” His remarks were met with public outrage, especially given their timing: National Liberation Day commemorates Korea’s liberation from Japanese colonial rule, which lasted from 1910 to 1945. The Japanese occupation was brutal, simultaneously exploiting Korean women – as evident in the use of so-called “comfort women,” or military sexual slaves – and treating Koreans generally as second-class citizens, all the while pushing obligatory assimilation into Japanese civilization on the occupied population. Attempts by the Japanese colonial regime at erasing a separate Korean identity and culture – this included banning the teaching of the Korean language and coercing Koreans to adopt Japanese names, along with the violent suppression of independence movements – left deep scars on the collective Korean psyche. For many Koreans, watching their country join Japan in a trilateral partnership with the U.S. is too much to accept. Emergence of pro-Japan voices Yoon and his conservative administration’s foreign policy goals are based not on nationalism but on what has been described as “a value-based alliance” with Washington. This stance is at odds with the nationalist focus often seen in the right-wing politics of other countries. Indeed, in South Korea it is the political left that increasingly identifies with a form of nationalism. Meanwhile, the “New Right” in South Korea has correspondingly embraced an anti-nationalist stance, specifically attacking anti-Japanese sentiment. Since the early 2000s, Korean conservatives have increasingly distanced themselves from nationalism, particularly of the anti-Japanese variety. If, as theorists such as Ernest Gellner have argued, modern nationalism is based on the presumed unity of state and nation, political developments in Korea since 1980 have destabilized this relationship. After the bloodshed of the Gwangju Massacre in 1980, during which the state killed hundreds of its own citizens, leftist nationalists argued that the South Korean state was neither the representative or defender of the Korean nation. Rather, they saw the South Korean state’s inheritance of institutions and personnel from the Japanese colonial government, alongside the hegemonic presence of the United States in Korea – characterized as “neocolonial” by some – as diluting the state’s nationalist credentials. In contrast, conservatives defended the South Korean authoritarian state’s legitimacy and its legacies. They argued that authoritarian rule was responsible for the rapid economic growth that allowed South Koreans to live in prosperity. As part of their defense of Korea’s legacy and attack on a political left increasingly identified with nationalism, conservatives embraced an anti-nationalist stance, specifically attacking anti-Japanese rhetoric. This has involved downplaying the negative effects of Japan’s colonial rule in Korea between 1910 and 1945 and even rejecting the validity of Korean comfort women testimonies. One additional motivation for conservatives has been to justify the achievements of right-wing heroes such as former dictator Park Chung Hee. Park, who has been credited with jump-starting Korea’s economic growth, has been castigated by nationalists as a pro-Japanese collaborator due to his having been trained in the Manchurian and Japanese military academies during the 1940s. Starting around the turn of the century, there has been a gradual increase in the frequency and intensity of pro-Japan voices. Far-right organizations, such as the Republic of Korea Mom’s Brigade, have since the 2010s organized rallies in defense of Japanese colonialism. More recently, far-right groups have systematically disrupted so-called Wednesday Demonstrations – a protest that has been continually held for over 30 years in front of the Japanese embassy in Korea to demand that Japan address the comfort women issue. In a 2019 bestselling book, conservatives even attacked anti-Japanese nationalism as a form of “tribalism” on the left. It is in this context of the growing prominence of pro-Japan voices that Yoon, in a 2023 interview with The Washington Post, expressed that he “could not accept the notion that Japan must kneel because of what happened 100 years ago. Attacks on critics and fake news Yoon embodies this reorientation of Korean conservative ideology and foreign policy that rejects nationalism in favor of closer relations with Japan, especially in the context of alignment with the U.S. against the threat of North Korea and China. The approach has seen Yoon embraced by American policymakers. Yet his popularity at home has fallen from an approval rating of above 50% in mid-2022 to 29% at the beginning of February 2024, although it has since picked up a little. At first glance, his foreign policy seems to support liberal and democratic values. However, in domestic matters there has been growing concern that his rhetoric and policies reflect an illiberal character. Examples include labeling his opponents as “communists” and attacks on the media and “fake news.” This is perhaps unsurprising; the nature of Korean conservatism is deeply rooted in authoritarianism. The Biden administration is keen to present Yoon differently – as an ally, along with Japan, in the protection of Asia’s democracies. But this says more about a U.S. foreign policy that centers China as a threat than it does Yoon’s actual commitment to democratic freedoms. To a South Korea audience, however, Yoon’s position on Japan only adds to general concern over his illiberal tendencies ahead of April’s vote – the first general parliamentary elections during Yoon’s tenure. Editor’s note: The article was updated on March 7, 2024 to clarify Park Chung Hee’s World War II record.

Diplomacy
Lai Ching-te (William Lai) President-elect of Taiwan

Taiwan’s 2024 Election Outcomes: Balancing Domestic Challenges and International Relations

by Syaru Shirley Lin

This blog post originated from a recent discussion by Professor Syaru Shirley Lin in the Winston Lord Roundtable Series on Asia, the Rule of Law, and U.S. Foreign Policy, where she debriefed the recent Taiwan elections. Since Taiwan’s first democratic presidential election in 1996, national elections have centered on national identity and the island’s future relationship with China. At present, however, the majority of Taiwan’s population largely identifies as Taiwanese, contrasting sharply with less than 3 percent identifying as Chinese only. This shift in identity, among other factors such as China’s treatment of Hong Kong, elicited a more centrist approach from the presidential candidates in the 2024 elections, pivoting their campaign focus toward domestic policy. The foreign policy platforms of all candidates aligned on protecting Taiwan’s sovereignty while maintaining the status quo and rejecting China’s “one country, two systems” unification formula. The historically pro-independence Democratic Progressive Party (DPP) softened its stance, whereas the Kuomintang (KMT) candidate Hou Yu-Ih and the Taiwan People’s Party (TPP) candidate Ko Wen-je advocated for a more accommodating stance toward China but stopped short of appearing overly friendly. In the 2024 election, marked by a robust 72 percent voter turnout, the DPP’s Lai Ching-te secured the presidency with 40 percent of the votes, but Hou with 33 percent and Ko with 26 percent trailing not too far behind. Ko founded the TPP in 2019 as an alternative to the long-established KMT and DPP. He seemed to have attracted a lot of the younger voters, a demographic that has traditionally supported the DPP, especially Tsai Ing-wen. This likely reflects the frustration of Taiwan’s younger generation with the establishment parties as they are directly affected by Taiwan’s toughest policy challenges, including sustainability, housing policy, and upward mobility. All three candidates brought to the forefront domestic issues, such as unaffordable housing, stagnating wages, an aging population, energy insecurity, and unsustainable entitlements, which stem from Taiwan’s high-income trap. However, the candidates had varying approaches to addressing and funding these challenges. For instance, Lai wishes to advance the Tsai administration’s policy of phasing out nuclear energy by 2025, whereas the KMT and TPP insist on extending the lifespans of Taiwan’s nuclear reactors to meet Taiwan’s increasing energy needs. These inter-party divisions and disagreements are significant because despite the DPP winning the presidency for an unprecedented third term, it lost its eight-year majority in the Legislative Yuan (the DPP won fifty-one seats, the KMT fifty-two, the TPP eight, and pro-KMT independents two). The Lai administration will thus have a weaker mandate to enact its policies. Notably, with none of the parties bagging the fifty-seven-seat minimum required to pass legislation, policy initiatives will inevitably take longer to pass, if at all. The election thus exposed emerging generational and socioeconomic fault lines. By allowing the DPP to gain control of both the executive and legislative branches in 2016 and 2020, voters expected the party to not only safeguard Taiwan’s autonomy but also make Taiwan a more prosperous and healthy society. This outcome of not awarding the DPP the legislative majority likely reflects the electorate’s dissatisfaction with DPP governance along with demand for stronger government accountability and tangible reforms. Many of Taiwan’s domestic issues are features of its high-income trap that will be difficult to solve without strong political will or partisan cooperation. Taiwan's healthcare system, despite its affordability and accessibility, is financially unsustainable, further exacerbated by a rapidly aging population. The three parties will need to agree on how to secure the necessary financial and labor resources. All these challenges prompt the question: Can Taiwan’s political parties rise above their differences to deliver on their promises? Beijing, for one, might be glad to see a more polarized and ineffective Taiwanese government. Three decades of democratic governance in Taiwan has only widened the gap between Taipei and Beijing. When Tsai Ing-wen entered office in 2016, Beijing closed official communication channels, continued isolating Taiwan in international society, enticed 10 countries to switch diplomatic relations from Taiwan to China (Nauru made the switch merely two days after the 2024 election), and escalated its gray-zone warfare. Yet Beijing’s immediate reaction to the election has been surprisingly muted. This deviation from the norm might indicate that Beijing has started to recognize the limits of mere coercive measures in gaining the favor of the Taiwanese people. Besides continued economic coercion, gray-zone warfare, and disinformation campaigns, Beijing will have to recalibrate its strategy to make its Taiwan policy work. The coming years will test the capabilities of both Beijing and Taipei in managing cross-Strait relations. Meanwhile, Taiwanese society has grown increasingly skeptical of the United States, which has been enhancing its political relationship with Taiwan but without enhancing its international standing or offering it tangible economic benefits. Amid rising tensions with China, the United States has dedicated considerable political capital to its relationship with Taiwan through arms sales and defense packages. However, the increased number of official visits to Taiwan has been perceived as largely symbolic. Although an initial bilateral trade agreement was signed in June 2023 under the United States-Taiwan Initiative on 21st-Century Trade, it provides Taiwan with no real market access to the United States. Moreover, U.S, policies aimed at containing China’s economic and technological expansion, especially in the semiconductor industry, continue to negatively impact Taiwan, which relies heavily on the information and communication technology sector for economic growth. Consequently, Taiwan’s semiconductor companies feel squeezed by U.S. policy. The next four years will test Taiwan’s resilience as a democracy in the face of geopolitical rivalry, climate crisis, diminishing socioeconomic prospects, and an aging society while being led by a divided government. The lack of a party majority in the Legislative Yuan will increase government accountability but at the risk of a legislative deadlock. This could further complicate Taiwan’s efforts to push through reforms and balance its interests between China and the United States. While the stakes are high for both China and the United States, they are even higher for the people of Taiwan.

Diplomacy
Prabowo Subianto

What Indonesia's Election Means for Its Democracy

by Dr. Stephen Sherlock

Prabowo Subianto has won Indonesia’s presidential election. Who is he, what will Joko Widodo’s influence be, and what does it mean for Indonesian democracy? Prabowo Subianto has achieved a resounding victory in the elections for the presidency of Indonesia with around 58 percent of the vote. Who is the new president of Indonesia? Prabowo is the ultimate insider whose entire life has been focused on keeping himself close to power, but his path to the presidency has been a long one. Born into an influential family, Prabowo joined the military in 1970, a pivotal institution at the time. He quickly rose through the ranks of the elite Special Forces (Kopasas), helped along by his 1983 marriage to then President Suharto’s daughter, Titiek. He was, however, sidelined after the fall of the Suharto regime in 1998 when he was dishonourably discharged from the military over allegations of human rights abuses. Despite this blow to his career, Prabowo used close family connections to go into business and re-emerged into public life as a multi-millionaire and aspiring candidate for the presidency. Prabowo stood unsuccessfully for the presidency in the 2009, 2014, and 2019 elections. In his first bid, he allied with Megawati Sukarnoputri, leader of Indonesia’s largest party and daughter of President Sukarno. In the following two elections he created motley coalitions of various parties, alliances that reflected both Prabowo’s highly movable political outlook, plus what has been called the “promiscuous” behaviour of Indonesia’s political parties. In the 2019 elections Prabowo conducted a bitterly divisive campaign against incumbent President Joko “Jokowi” Widodo, playing on deep divisions in Indonesia between those aiming for a more prominent role for Islamic values and those wanting to protect the diverse and tolerant character of Indonesian society. He also initially refused to accept the 2019 election outcome and briefly threatened to mount a campaign in the streets to overturn the results. But despite Prabowo’s bitter standoff against Jokowi in 2019, the two leaders apparently reconciled, with Jokowi’s surprise move of taking Prabowo into his camp as Defence Minister. While ostensibly remaining “neutral” in this year’s election, Jokowi signalled his support for Prabowo’s bid by arranging for his eldest son, Gibran Rakabuming Raka, to stand as Prabowo’s vice-presidential running mate. Jokowi is an immensely popular figure and his implicit backing provided critical momentum to Prabowo’s winning campaign. This is despite criticism of Jokowi that he is betraying his origins as a non-elite outsider and trying to build a political dynasty. What do these results mean for Indonesia’s major parties and leaders and what questions remain? This outcome represents the culmination of a lifetime effort by Prabowo to achieve the ultimate position of power in Indonesia. A key question is how he will conduct himself as president. He is known as a volatile figure, given to fits of anger, and seen as a military enforcer during the Suharto regime. While generally seen as an effective Defence minister, he was known for publicly putting forward ill-conceived proposals without presidential authorisation. The big question is how Prabowo will act as president. During this year’s campaign he was markedly more self-controlled, but it remains to be seen whether he will revert to his old authoritarian habits. Was he only acting when he appeared to be a threat to stability in the 2019 election or was he only acting when he seemed more moderate in this year’s poll? Will he become Indonesia’s version of Donald Trump or Vladimir Putin? Prabowo will need to build a coalition of parties to support his administration in parliament. Under Indonesia’s presidential system, the president does not need a parliamentary majority, but a troublesome parliament would be a major impediment for his presidency. While Prabowo swept the field in the presidential contest, his party, Gerindra, received only a small boost to its modest parliamentary vote. With his son as vice president and Prabowo in his debt, Jokowi is well placed to sustain his influence long after he leaves the presidential palace. Jokowi is very keen to protect his policy legacy and maintain the momentum of investment in infrastructure, including the building of a new capital city, and policies designed to encourage local Indonesian investment in processing the country’s natural resources. The relationship between incoming Prabowo and Jokowi will be one to watch. Although having Jokowi’s son as vice president was symbolically important during the election, the powers of the office are constitutionally undefined, and it is in Prabowo’s power to keep Gibran marginalised if he chooses. The election result was a massive blow to long-standing leader and would-be kingmaker Megawati and her party, the Democratic Party of Indonesia – Struggle (PDIP). Despite Jokowi’s formal status as a member of PDIP, he and Megawati had a difficult relationship, and he resented her efforts to treat him as a party subordinate. Jokowi took his huge political capital to another party, with the PDIP presidential candidate, Ganjar Pranowo, relegated to a humiliating third place. How PDIP conducts itself during Prabowo’s presidency remains in doubt. While the party narrowly retained its status as the largest party in parliament, it lost votes and is continuing a long-term decline from its glory days when it controlled nearly a third of parliamentary seats. PDIP may form the main opposition force to Prabowo’s administration, but it may be tempted to be bought off with a seat in cabinet. What does the outcome mean for Indonesian democracy? The formal process of the election appears once again to have been free and fair. The massive logistical task of running presidential elections on the same day as managing both national and regional parliamentary elections has been undertaken with the same effectiveness that has characterised Indonesia’s six democratic elections. But while the electoral process has been untainted, serious concerns are growing about the conduct of Indonesia’s political affairs and governance. Indonesia made great democratic progress after the fall of Suharto in 1998. This included the withdrawal of the military from politics, constitutional reform, and the flowering of non-government organisations, freedom of speech and media, as well as governance changes such as the creation of an anti-corruption commission and the devolution of power to the regions. From the beginning, however, concerns were expressed that the peaceful transfer of power had allowed most of the old players to reinvent themselves as democratic politicians but maintain the old ways of backroom politics. There was thus widespread optimism when Jokowi’s rise to the presidency in 2009 appeared to usher in a new type of leader – he came from the provinces, not from the old Jakarta circles and had won his national status as an honest and effective local administrator. But to secure his position in the face of potential obstruction from the old political elite, Jokowi resorted to the methods of that elite. Instead of changing the system, the system changed him. Jokowi used his presidential office to intervene in the internal affairs of other political parties to install leaders who supported him. He slashed the powers of the anti-corruption commission, partially reversed the devolution of authority to regional governments, and cracked down on non-government political movements. These backward steps are unlikely to be reversed under Prabowo – he may take them even further. Jokowi’s anointing of his son as vice-president is widely seen as the final sign of his incorporation into the elite and the triumph of dynastic politics. Dynastic succession has been a key feature of the elite’s grasp on power and now Jokowi has become a master of the game. An implicit alliance between Prabowo and Jokowi could become a way to choke off political competition. Prabowo’s election happened through a peaceful transfer of power, but it has cemented in place a system of governance that challenges the ideals of democratic politics that many Indonesians had looked to with hope during the heady days of reformasi after 1998.

Diplomacy
Map of South China Sea

South China Sea: interpretations of international law, a tool for political influence?

by Frédéric Lasserre , Olga V. Alexeeva

Renewed major tensions have surfaced once again in the South China Sea between China and the Philippines. While the immediate concern revolves around the control of reefs and islets, the underlying issue extends to the control of maritime territories, driving the parties involved. These sovereignty disputes are not novel occurrences. Conflicts in the South China Sea (SCS) have intensified since the 1960s, leading to a competition for the occupation of islands and islets in the Paracels and Spratlys. The objective was to establish control over these islands, using them as military outposts and symbols of sovereignty. With the introduction of the United Nations Convention on the Law of the Sea (UNCLOS), the rivalry transitioned towards the assertion of states' rights over maritime zones. The narrative of the parties involved has evolved regarding the legitimacy and legal characterization of the claimed maritime territories. Malaysia (1983), Vietnam (1994), and the Philippines (2009) have contended that the Spratly Islands do not merit an exclusive economic zone (EEZ), indirectly challenging China's claims. In response, Beijing has adjusted its official discourse. Is this shift in legal rhetoric a strategic reinterpretation of maritime law aimed at refuting adversaries' arguments and utilizing legal discourse as a political tool in a broader struggle for influence? An evolution in the legal discourse of Southeast Asian states In the South China Sea (SCS), a noticeable shift in the redefinition of maritime boundaries has emerged since 2009. Previously, definitions often lacked clarity and legal grounding. In recent years, Malaysia, Brunei, Vietnam, and the Philippines have sought to refine their claims, aligning them with the norms established by the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This strategic move sharply contrasts with the trajectory of the People's Republic of China (PRC), whose evolving stance has been criticized for increasingly diverging from international maritime law. Between 1994 and 2016, China's assertion over the Maritime Claims (MCS) primarily relied on the controversial nine-dash line [九段线], criticized for its ambiguity regarding the extent and legal basis of the claimed maritime territory. However, since 2016, following the ruling by the Permanent Court of Arbitration, China's discourse has shifted towards the "Four Sha" theory [四沙], positing that large (sometimes fictional) archipelagos serve as the legal foundation for its maritime claims. This shift among the Southeast Asian players could be seen as a strategic move vis-à-vis China: by refining their claims to align more closely with the principles of the Law of the Sea, these nations might aim to underscore the inherently unlawful and objectionable nature of China's assertions. This tactic underscores an increasing disparity between Southeast Asian states, endeavoring to adjust their claims in accordance with international legal norms, and China, whose assertions are grounded in disputed interpretations of maritime law. The clash of legal discourses in the South China Sea The People's Republic of China (PRC) asserts its claim to the South China Sea (SCS) through what is commonly known as the nine-dash line (Fig. 1), a demarcation that has encompassed the majority of this maritime region since 1949. However, significant ambiguity persists regarding the precise meaning and scope of this demarcation, as China has yet to provide a clear explanation despite repeated requests from neighboring states. This lack of transparency has led to frustration among neighboring nations, prompting the Philippines to file a formal complaint with the Law of the Sea Tribunal in April 2013. The Chinese government's reluctance to clarify the exact nature and coordinates of the line has fueled suspicions regarding its true intentions. Even Indonesia, which does not have territorial claims in the South China Sea, expressed concerns about the legal uncertainty surrounding China's delineation of this maritime boundary in 2010. Before 2009, Southeast Asian countries involved in disputes over island formations or maritime zones in the South China Sea (SCS) had not clearly delineated their claims, either by providing legal justifications for their extensions or by publishing precise coordinates of the boundaries of the claimed maritime areas. However, on May 6, 2009, Malaysia and Vietnam submitted a joint proposal for the extension of their continental shelves in the southern part of the SCS, followed by Vietnam's independent submission for the central part of the SCS on May 7. By doing so, they publicly disclosed the positions of the outer limits of their respective Exclusive Economic Zones (EEZs). Neither state included the island formations they claim in the SCS in the definition of their EEZs or extended continental shelves. Instead, the boundaries of the 200-mile zones are determined based on each state's coastline. For instance, both Malaysia and Vietnam have excluded the Spratly Islands from the definition of their maritime zones, indicating that they consider these island formations as rocks under Article 121(3) of the United Nations Convention on the Law of the Sea (UNCLOS), which cannot generate either EEZs or continental shelves.  Are the states of Southeast Asia pursuing a political objective by modifying their legal discourse? There has been a notable evolution in the discourse of Southeast Asian states involved in the South China Sea conflict – Vietnam, the Philippines, Malaysia, and even Indonesia, which is not directly embroiled in the dispute over sovereignty in the Spratly Islands – regarding the status of these islands and their capacity to generate maritime zones. Changes in interpretation, qualifications, or legal doctrines, as well as efforts to define international norms, can potentially be seen as a mobilization of law to achieve political objectives. When questioned about the evolution of legal analyses among the protagonists in Southeast Asia, a majority of the interviewed specialists (20 out of 25) noted a clear shift in the discourse of these four countries. There is a consensus that they seek alignment with the principles of the Law of the Sea. These states are exploiting ambiguities in Article 121 for political purposes: it involves waging "legal guerrilla warfare" and "legal diplomacy" to underscore China's divergent stance and, implicitly, its disregard for the spirit of UNCLOS. Chinese Response: Reassessing Island Groups in the South China Sea? On July 12, 2016, the Permanent Court of Arbitration in The Hague issued its ruling following the Philippines' claim filed in 2013. The Court's decision rebuffed Chinese assertions regarding historical rights and determined that none of the island formations in the Spratlys qualify as islands under Article 121, precluding them from generating an EEZ or continental shelf. China vehemently rejected this ruling, refusing to acknowledge the arbitration. However, Chinese rhetoric has shifted since 2016, indicating a willingness to adjust its arguments in light of the Court's findings. Before 2016, China asserted its sovereignty over the islands in the South China Sea without specifying the status of the Paracels or Spratlys island groups. However, since 2016, China has been advancing a new line of argumentation, grouping the island formations in the South China Sea into cohesive units. Chinese sovereignty is claimed to be derived from control over four blocks of islands forming coherent entities. It appears that Chinese legal experts are attempting to introduce a novel concept, as China cannot assert itself as an archipelagic State under UNCLOS. Such status would allow continental States to draw baselines around their archipelagos, which are considered territorial units. This concept faces significant challenge from numerous Western legal experts. Hence, in the Chinese narrative, there's a departure from discussing individual island groups or the ambiguous nine-dash line, towards emphasizing four archipelagos as the fundamental units of Chinese legal discourse. This shift, while sidestepping the PCA's 2016 ruling and distancing itself from the weakened concept of "island" due to the arbitration's denial of China's EEZ rights in the Spratlys, introduces the notion of archipelagos, purportedly enabling the creation of maritime zones in official discourse. However, this stance is dubious under the Law of the Sea, as it doesn't permit continental States to exploit the establishment of archipelagos outlined by lengthy baselines. Moreover, it doesn't authorize the generation of maritime zones from archipelagic entities if the islands constituting these archipelagos cannot themselves establish an EEZ or continental shelf.    Conclusion In the South China Sea, there has been a notable shift in legal positions by both China and the Southeast Asian states. Vietnam, the Philippines, and Malaysia are now advancing the argument that the islets fail to meet the criteria outlined in Article 121(3), thus negating the establishment of an EEZ or continental shelf. This reclassification not only impacts their own claims but, more significantly, challenges China's assertion of expansive maritime territories under international law. This strategic maneuvering appears to signify a politicized manipulation of maritime legal frameworks. Conversely, China has also undergone doctrinal evolution, transitioning from conventional maritime claims rooted in the Paracels and Spratlys islands, to the historically contentious nine-dash line, and most recently, the emergence of the "Four Shas" concept, positing four coherent archipelagos as the basis for EEZs. This progression aims to establish a novel legal foundation to defend its ambitious territorial claims. In essence, these legal transformations underscore the instrumentalization of law as a means to advance and safeguard national interests, with China advocating for a distinct interpretation of international legal norms.

Diplomacy
China and the USA wrestle over Taiwan

When Giants Wrestle: The End of Another Round of Tensions Between the United States and China?

by Ofir Dayan , Shahar Eilam

How are the fluctuating tensions between Washington and Beijing over Taiwan expected to affect Israel? On January 13, William Lai, the leader of the Democratic Progressive Party (DPP), was elected president of Taiwan. A few days earlier, for the first time in four years, the United States-China Defense Policy Coordination Talks took place in Washington, marking the end of a prolonged round of tension between the two powers, which had peaked in August 2022 when the speaker of the US House of Representatives visited Taiwan. Taiwan is a major point of friction in the already tense relations between the two powers. Managing the disagreements between them has broad implications, including for Israel. The ongoing strategic rivalry between the two superpowers—the United States and China—is the most important geostrategic factor of our time. The two countries are vying for technological dominance and control over resources, that will shape our future, and infrastructure that is critical for civilian, economic, and military purposes. The United States and China are also competing for global influence by forming partnerships and trying to influence world order, including its values, institutions, and mechanisms that regulate it. Can they shape the rules of the competition between them without spiraling into a military conflict that would have devastating global consequences? Taiwan may be the most volatile flashpoint in the complicated relationship between the two powers. For China, the “reunification” with Taiwan is one of its “core interests”—a top objective and a flagship issue in its foreign policy. Although the United States has repeatedly declared that it is committed to the “one China” policy, it is also an ally of Taiwan. The United States has warned China to refrain from making unilateral, aggressive moves vis-à-vis Taiwan, while supplying Taiwan with military resources to deter China and prevent a forceful takeover. Since assuming power in 2013, President Xi Jinping of China has repeatedly emphasized Taiwan’s unification with China as a key objective. During a meeting with President Joe Biden in November 2023, President Xi said that China “prefers” a peaceful unification, but he did not dismiss the use of force. On the eve of Taiwan’s 2024 elections, President Xi further stated that unification is “inevitable.” The tensions between the powers over Taiwan had escalated following the previous elections on the island in 2020. During this period, senior American officials visited Taiwan, and the United States and Taiwan signed weapons deals in August and September of that year, followed by a marked increase in Chinese military aircraft penetrating the island’s air defense identification zone and crossing the “midline” between the island and mainland China. China’s perception of encirclement was further heightened by the United States’ strengthening of its alliances and initiatives in the Indo-Pacific region (such as QUAD, AUKUS, and IPEF) and by the increased diplomatic pressure exerted on China, through boycotting the 2022 Winter Olympics and protesting its human rights record. But even during this period, despite rising tensions, the two nations maintained ongoing communications, including the Alaska talks in March 2021—although they were notably tense—and the meeting between the presidents in November of that year. The tension peaked in April 2022, when then Speaker of the US House of Representatives Nancy Pelosi announced her intention to visit Taiwan. China strongly protested, and the White House even recommended Pelosi to reconsider her visit due to concerns about potential military escalation. Pelosi refused and proceeded with her visit in August, delivering a speech at the Taiwanese legislature and advocating for increased American–Taiwanese cooperation. In an article published in the United States before her visit, Pelosi wrote that “at a time when the world faces a choice between autocracy and democracy . . . it is essential that America and our allies make clear that we never give in to autocrats.”   In response to Pelosi’s visit, China held a large-scale military exercise that disrupted air and maritime traffic in the region and released a white paper emphasizing “The Taiwan Question and China’s Reunification in the New Era.” Furthermore, as a countermeasure to Pelosi’s visit, the Chinese Ministry of Foreign Affairs announced that it was suspending all dialogue and cooperation with the United States, including dialogues between the military commands, the ministries of defense (DPCT), and the maritime military coordination (MMCA), and cooperation in the fields of illegal immigration, criminal legal assistance, transnational crimes, counternarcotics, and climate change. In November 2022, presidents Biden and Xi met in Bali, Indonesia, in an attempt to put the relations between the two powers back on track. After the meeting, the White House issued a statement announcing that the United States will continue to compete actively with China, but the two countries must manage their competition responsibly, without letting it escalate, while maintaining open channels of communication and continuing to cooperate on global issues such as climate change, counternarcotics, debt relief, health, and food security. Regarding Taiwan, the United States reiterated its commitment to the one China policy but strongly opposed China’s aggressive actions, which violate peace and stability in the Strait and in the entire region. The Chinese also released a statement, noting that President Xi highlighted that Taiwan is a core Chinese interest and constitutes a red line that is nonnegotiable in the relations between the two countries. It was anticipated that the year 2023 would begin on a more positive tone, with US Secretary of State Antony Blinken’s scheduled visit to China in February. The visit was canceled when a Chinese balloon was discovered floating over US territory for a week until the US Air Force intercepted it. Although the White House at first tried to downplay the incident, with President Biden initially referring to it as a “minor breach” and said that the Chinese government was unaware of the issue. China claimed that a weather monitoring and research balloon had strayed off course. Public pressure, however, led the administration to cancel Blinken’s visit. Subsequently, the US Department of Commerce imposed restrictions on six Chinese companies linked to balloon and aviation technologies that are used by the Chinese military, requiring that they receive special approval to access American technology. In April and May, China retaliated at a relatively low bar by imposing sanctions on a US member of Congress who visited Taiwan and sentenced an American citizen living in Hong Kong to life imprisonment, for alleged espionage for the United States. These actions reflect the efforts of both China and the United States to take focused, restrained measures, to avoid escalating tensions. The absence of a strong reaction from China to the establishment of a select committee within the US House of Representatives, focused on examining the US–China strategic competition, suggests that China sought to prevent further escalation of the conflict.   Efforts to end the crisis and restore talks were renewed in May 2023 when the head of the CIA met with his Chinese “counterparts.” In June, US Secretary of Defense Lloyd Austin and Chinese Minister of Defense Wei Fenghe met on the sidelines of the Shangri-La conference in Singapore. Secretary of State Blinken’s anticipated visit to China took place later that month. In July, US Special Envoy for Climate John Kerry and Secretary of the Treasury Janet Yellen traveled to China, followed by a visit of US Secretary of Commerce Gina Raimondo in August. These high-level meetings concluded on a note of cautious optimism, with both sides acknowledging “progress” but not a “solution,” as the purpose of the meetings was to stabilize relations rather than to resolve the issues in dispute. In September 2023, Secretary of the Treasury Yellen and Chinese Finance Minister He Lifeng launched two new working groups on economic and financial issues. Moreover, Pentagon officials and their Chinese counterparts met and discussed the US Department of Defense’s cyber strategy, followed by a meeting of the American and Chinese presidents in San Francisco in November. The American efforts to renew the military dialogue between the two countries was initially met with refusal by China until December, when General Brown, the chairman of the Joint Chiefs of Staff, spoke with his Chinese counterpart General Liu Zhenli. In early January 2024, a few days before the elections in Taiwan, the annual Defense Policy Coordination Talks between the two countries were held at the Pentagon for the first time in four years. These developments reflect China’s acute sensitivity toward the Taiwan issue and its willingness to take significant measures against perceived violations of its One China Policy, especially by the United States. Despite numerous disputes, the growing rivalry between them, the defiant measures, and the reciprocal sanctions, these events highlight that the two powers recognize the importance of keeping channels of communication open. This dialogue is crucial for pursuing shared interests, resolving disputes, and minimizing the risk of military escalation that could have far-reaching consequences for both nations as well as the global community. The ongoing tension between the United States and China over Taiwan also has implications for Israel. First, the increasing friction between the powers has accelerated the formation of two opposing camps and has limited Israel’s ability to maneuver between them. As demonstrated (again) since the outbreak of the war between Israel and Hamas, the United States is Israel’s greatest friend and its most important strategic ally. While China is an important economic partner of Israel, its policy is not that of a friend, and its oppositional stance toward Israel has the potential to cause significant damage. The United States expects its allies to stand by its side and to align more closely with its policies vis-à-vis China, especially concerning advanced technologies and critical infrastructure. Failing to meet US expectations could strain US–Israel relations. Second, a military escalation between the United States and China would also have global economic consequences, seriously disrupting supply chains of raw materials and essential goods crucial to Israel. Finally, the US administration recently linked the military aid granted to Israel to that of both Taiwan and Ukraine, framing them as three democracies under threat. While this linkage underscores the US commitment to its allies, it also creates constraints and interdependencies. The attention and resources that the United States currently allocates to Israel and to the broader challenges in the Middle East could be compromised if the United States faces serious military crises elsewhere in the world, and this could have far-reaching impacts on Israel.

Diplomacy
Taiwan, EU and China Flag

The post-election Taiwanese economy: decisions ahead and takeaways for the European Union

by Alicia García-Herrero

The EU should try to attract more business from Taiwan, though Taiwan’s January 2024 election hasn’t made the job easier Taiwan’s economy has transformed since 2016 under the leadership of the Democratic Progressive Party (DPP). In particular, the Taiwanese economy has diversified away from mainland China, while reliance on semiconductors is now even more acute than eight years ago. In elections in January, the DPP won the presidency for a third term but lost overall control of Taiwan’s parliament, the Legislative Yuan. In contrast to the previous two terms, the DPP therefore needs to agree policy, including economic policy, with other parties. this could signal a softer approach in relation to the continuation of diversification away from the mainland. Ongoing diversification Mainland China remains Taiwan’s biggest export and investment destination, despite the share of Taiwan’s exports that go to China reducing from 40 percent on average between 2016 and 2019 to 35 percent in 2023 (Figure 1). This has happened even though Taiwan signed a free trade agreement with mainland China in 2010 – the Economic Cooperation Framework Agreement (ECFA) – which at the time led to an increase in Taiwanese exports to the mainland. The COVID-19 pandemic in 2020 also triggered a sharp increase as the rest of the world entered a deep recession, but the trend has not lasted. Since 2021, the share of Taiwanese exports going to the mainland has dropped significantly, influenced by US export controls on high-end semiconductors, with a clear knock-on effect on Taiwanese exporters.   Taiwanese FDI into mainland China has also shrunk rapidly, from 65 percent of total Taiwanese FDI on average from 2008-2016 to 34 percent on average from 2017-2023 (Figure 2). The difference between these periods is that in the former, Taiwan was governed by the Kuomintang (KMT, Chinese Nationalist Party), which favours closer relations with the mainland, while in the latter period the DPP was in charge. There are both geopolitical and economic reasons for mainland China’s falling share of Taiwanese FDI. First, the ECFA trade and investment agreement, reached under the first term of KMT President Ma Ying-jeou, was not extended when a new round of negotiations started in 2012, to include technological cooperation, finance and people-to-people exchanges. A broader economic agreement between Taiwan and the mainland, mostly focusing on services – the Cross-Strait Service Trade Agreement (CSSTA) – fell victim to lack of consensus among Taiwan’s main political parties, increased tensions in the Taiwan Straits and student protests in Taiwan (the so-called Sunflower movement) in 2014.1 Second, with the DPP victory in 2016, the new Southbound Policy 2 was launched, offering incentives for Taiwanese companies investing in 18 Asian countries, including ASEAN 3, India and other South Asian and Australasian nations. In addition, rising labour costs in mainland China, the ongoing trade war between the US and China, an increased regulatory burden in the mainland and political tensions between the two sides of the Taiwan Strait also pushed Taiwanese businesses to look elsewhere to invest. -    The new political reality and geographical diversification While the election-winning DPP wants to see further diversification away from the mainland, the more pro-China party, the KMT, wants reinforced economic relations with China.4 Because of the now-hung parliament, the DPP will need to take some of the KMT’s wishes into account it wants pass new rules, including those related to geographical diversification. Beyond the two parties’ preferences, two other important issues also need to be factored in. First, geographical diversification requires open markets but Taiwan is increasingly unable to open any market through trade or investment deals. Taiwan has spent the last eight years negotiating bilateral deals with its closest allies, Japan and the US, but the DPP administration has not even been able to complete these. Incoming President Lai has said that Taiwan should continue to push to be part of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), to which it applied in September 2021, but the reality is that Taiwan’s application has little hope of success. China officially applied to be a member of the CPTTP only a couple of days before Taiwan. Since then, the United Kingdom has become a member of CPTTP, but the negotiation processes with Taiwan and mainland China have not started. Australian’s prime minister, Anthony Albanese, has expressed severe doubts about Taiwan’s ability to become member of CPTTP because of lack of international recognition of it as a nation-state.5 Second, while the DPP is likely to continue to offer more fiscal incentives to promote diversification in Southeast Asia and India (under the Southbound Policy), the fastest-growing destination for both exports and foreign direct investment from Taiwan is the United States, followed by Japan. This can be explained by the ongoing artificial intelligence revolution, which needs semiconductors, and the decisions of some key Taiwanese chip companies (especially TSCM) to open factories overseas for chip production, with the US and Japan as the most important destinations. In other words, the DPP’s push for geographical diversification might not be the main reason why diversification has happened; rather, it has been driven by market forces and business opportunities. This also means that the KMT push to maintain – if not deepen – economic ties with mainland China might not succeed unless China’s currently underwhelming economic performance turns around. Implications for the European Union So far, the EU has benefitted little from Taiwan’s trade and investment diversification, at least when compared to the US and the rest of Asia. The EU’s export share into Taiwan has remained practically stagnant (while the US has doubled its share), notwithstanding a large increase in exports from the Netherlands for a single item – ASML’s lithography machines for chip production. The EU lacks a trade or investment deal with Taiwan, but so do some of Taiwan’s other trading partners, including the US. Considering that the EU is the largest foreign direct investor in Taiwan, the question arises of whether the EU should do more to foster more bilateral economic relations. The gains could be substantial, especially from inbound FDI as Taiwanese investment focuses on high-end manufacturing. There has been some movement. A €5 billion investment in France by a Taiwanese company (ProLogium) was announced in May 2023 to build a battery factory 6 . TSMC announced in August 2023 a €4.5 billion investment in a semiconductor factory in Germany 7 . But for the EU to catch up with Japan and the US as a recipient of outbound FDI from Taiwan, the result of Taiwan’s elections could be an obstacle. This is because the DPP will have less control of the economic agenda because it does not control the Legislative Yuan. The close-to-impossible negotiation of a trade and investment deal between the EU and Taiwan – as shown by Taiwan’s difficulties in relation to Japan, the US and the CPTTP – does not point to any improvement in the institutional framework for economic relations to improve. The question, then, is what can the EU offer to attract high-end foreign direct investment from Taiwan? Subsidies to attract semiconductor factories cannot be the only answer, given the very large amounts needed and the pressure such subsidies put on EU member states’ already stretched finances (Legarda and Vasselier, 2023). Working with business associations and chambers should be a key driving force to improve business relations between Taiwan and the EU, especially considering that the EU is the largest foreign foreign direct investor in Taiwan, while Taiwanese companies have been absent from the EU single market until recently. Overall, the US and the rest of Asia have been the main winners from Taiwan’s rapid diversification of its economy away from mainland China. The EU, which is lagging, should work to enhance its economic exchanges with Taiwan. Hopefully the January 2024 election results will facilitate this. Most importantly, the EU should aim to attract more high-tech FDI from Taiwan. Unfortunately, a better institutional framework through a trade/investment deal seems highly unlikely, for geopolitical reasons. This puts all the burden on chambers of commerce and other forums to improve business relations. References 1- The Sunflower Movement was a student-led protest that occuped Taiwan’s Legislative Yuan to put pressure on the KMT government against signing a second cooperation deal with mainland China. See Ho (2018). 2- See the New Southbound Policy portal at https://nspp.mofa.gov.tw/nsppe/. 3- Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam. 4- Alicia García-Herrero, ‘Taiwan’s future economic direction hinges on the election outcome’, First glance, 12 January 2024, Bruegel https://www.bruegel.org/first-glance/taiwans-future-economic-direction-… 5- Claudia Long and Stephen Dziedzic, ‘Albanese says Australia is unlikely to support Taiwan 6- France24, ‘Taiwanese battery maker Prologium to invest €5 billion in French factory’, 12 May 2023, https://www.france24.com/en/europe/20230512-taiwanese-battery-maker-pro…. 7- DW, ‘Taiwan’s TSMC to build semiconductor factory in Germany’, 8 August 2023, https://www.dw.com/en/taiwans-tsmc-to-build-semiconductor-factory-in-ge…. Ho, M.-S. (2018) ‘The Activist Legacy of Taiwan’s Sunflower Movement’, Carnegie Endowment for International Peace, 2 August, available at https://carnegieendowment.org/2018/08/02/activist-legacy-of-taiwan-s-sunflower-movement-pub-76966 Legarda, H. and A. Vasselier (2023) ‘Navigating Taiwan relations in 2024: Practical considerations for European policy makers’, China Horizons, 21 December, available at https://chinahorizons.eu/our-research/policy-briefs/278-navigating-taiwan-relations-in-2024-practical-considerations-for-european-policy-makers

Diplomacy
New Taiwan President Lai Ching-Te at a speech

Taiwan's national elections: a question of world order

by FAES Analysis Group

In an ideal world, Taiwan's national elections would have nothing to do with China or the United States, let alone the relationship between these two countries. However, the victory of Lai Ching-te, hitherto the vice-chairman of the Democratic Progressive Party (DPP) government, a candidate who enjoys no sympathy from Beijing, has implications for China-Taiwan and China-US relations. In any case, the DPP's victory has not guaranteed it an absolute majority - in a chamber composed of 113 seats, the vote for the DPP fell from 61 to 51 (because of the poor economic situation) - and it will be forced to negotiate a coalition government. Taiwan's national elections are a matter of world order mainly because one of Xi Jinping's policy priorities is the "historical inevitability" of "unification" between China and Taiwan. If Xi fulfills his ambition, changing the borders and territorial integrity of a country through military force, it would be a flagrant violation of the international liberal order. Given U.S. President Joe Biden's promise - that Washington would defend Taiwan if invaded by China - "reunification" would provoke a war between the two powers, between revisionist and authoritarian China and the United States, the country that has created, sustained and led the international order after World War II. While Western politicians and analysts argue that China, as a revisionist power, increasingly poses a threat to the stability of the region and the international liberal order, for Taiwan it is an existential issue. The successful consolidation of Taiwan's democracy in recent decades has intensified the growth of a distinct Taiwanese identity. As the political systems of China and Taiwan continue to diverge, there is little support on the island for "unification." Taiwan is increasingly anchored to the West and its population is broadly in favor of strengthening relations with liberal democracies, especially Japan, the United States and Europe. From the beginning of the campaign, all three candidates - DPP's Lai, Hou Yu-ih of the Kuomintang (KMT), which increased its number of legislators from 38 to 52, and Ko Wen-je of the Taiwan People's Party (TPP), which has won 8 seats - expressed that the priority of their foreign and domestic policies would be to preserve Taiwan's de facto independence and peace with China. However, their strategies to achieve this are divergent. The strategy of Lai, the candidate who won the election, is to strengthen political, military and economic ties with the United States and its allies; while Hou and Ko intended to restart the dialogue with Beijing, which China interrupted after the inauguration of President Tsai Ing-wen in 2016 (William Lai's predecessor, who served two presidential terms at the helm of the country). The new government, possibly a coalition between the DPP and KMT, will be rocked by debates over increased Defense spending. KMT politicians disagree with the DPP on the details of military strategy and what weapons to procure from the United States. In 2022, Washington and Taipei launched an ambitious trade initiative as well as security cooperation. Thus, Washington increased the number of troops deployed in Taiwan to train its military and expanded the training of Taiwanese soldiers in the United States. The new president faces economic problems that have undermined the popularity of the ruling DPP. But undoubtedly his biggest problem is relations with China. Strengthening Taiwan's defenses and minimizing Beijing's provocations-which are likely to increase in the form of military maneuvers and economic pressures-will remain the DPP's policy priorities in Taiwan. However, it does not seem clear that the DPP has a clear strategy for dealing with Xi Jinping's possible decisions. Xi is unlikely to conclude that he can tolerate Taiwan's trajectory. Lai's victory has deeply irritated the Chinese Communist Party. The election results can be read in the key of a referendum on Taiwan-China relations. Beijing has lost it to the United States. Peaceful "unification" is becoming less and less viable. Rather, there are signs that the Chinese Communist Party perceives that the trend in Taipei-Beijing relations is not moving in Beijing's favor. As a result, Xi may take the decision to act to achieve unification. Xi has stated that the Taiwan issue cannot be passed on to future generations and that achieving unification is the essence of the country's rejuvenation. "Historical inevitability" may turn into practical decision - use of military force - given China's unsatisfactory economic situation. Xi may try to make unification an important part of his political legacy. The outcome of the Taiwan election will not influence Xi Jinping's decisions. The results confirm a status quo in Taiwanese politics - the continuity of the DPP government - but it means increased pre-war tensions between Taiwan and China, as well as between China and the United States.