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1. International Intellectual Property after the New NAFTA

Author:
Jeremy de Beer
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The Canada-United States-Mexico Agreement (CUSMA) is the new high-water mark in international intellectual property (IP) law. CUSMA includes most of the Trans-Pacific Partnership provisions that were suspended in the Comprehensive and Progressive Trans-Pacific Partnership, except for a few pharmaceutical-related provisions amended after signing. Canada will be required to make meaningful changes to domestic IP laws, including copyright term extension, criminal penalties for tampering with digital rights management information, restoration of patent terms to compensate for administrative and regulatory delays, broader and longer protection for undisclosed testing data and other data, new civil and criminal remedies for the misappropriation of trade secrets, and additional powers for customs officials to seize and destroy IP-infringing goods.
Topic:
International Trade and Finance, Regional Cooperation, Intellectual Property/Copyright, NAFTA, and USMCA
Political Geography:
United States, Canada, North America, and Mexico

2. European defence policy in an era of renewed great-power competition

Author:
Douglas Barrie, Lucie béraud-Sudreau, Henry Boyd, Nick Childs, Bastain Giegerich, James Hackett, and Meia Nouwens
Publication Date:
02-2020
Content Type:
Working Paper
Institution:
International Institute for Strategic Studies
Abstract:
In 2019, European governments’ combined defence spending, when measured in constant 2015 US dollar terms, surpassed the level reached in 2009, before the financial and economic crisis led to a series of significant defence-spending cuts. However, a different strategic paradigm – one that Europe is struggling to adjust to and which is once more a concern for European governments – has re-appeared in this past decade: great-power competition. Russia attempted to change international borders in Europe through the use of force in 2014 by annexing Crimea and continues to support an armed insurgency in eastern Ukraine. Moscow’s challenge to Euro-Atlantic security exists in multiple dimensions: as both a conventional military and also a hybrid-warfare issue, with Russia working to dislocate existing societal alignments and disrupt political processes in Western states. The poisoning of a former Russian intelligence officer (and of his daughter) in the United Kingdom, attributed by the British government to Russia, underlines further how much the character of conflict has changed. How to manage the challenge Russia poses without simply reverting to Cold War logic remains a worrying problem for governments in NATO and the European Union member states. Meanwhile, European security establishments are beginning to recognise the growing political, economic and military influence of a rising China. Although less of an immediate challenge, China’s growth in these areas has possible profound consequences in the long run. Indeed, in December 2019, NATO declared: ‘We recognise that China’s growing influence and international policies present both opportunities and challenges that we need to address together as an Alliance.’2 For the United States, China has already become the pacing military threat. The US Indo-Pacific Strategy Report, released in June 2019, opens with the assertion that ‘the Indo-Pacific is the Department of Defense’s priority theater’. In other words, the European theatre is not. European analysts and officials have begun to wonder whether the US might begin to see Europe through an Asian lens, seeking to generate European commitments to the Indo-Pacific region, or at the very least getting Europeans to take on greater responsibility for their own security and thereby freeing up US resources. Although there will be some elements of the US military presence in Europe that are indispensable to US military action in other regions of the world, that might not be enough to sustain Washington’s firm commitment to European security in the future, regardless of who occupies the White House. Significantly, not even the US has the capability to fight two major wars simultaneously any more, meaning binary choices regarding focus are inevitable. As some observers have argued, Europeans need to urgently assess what Washington’s choices in this regard – and their implications for Europe – might look like. Considering both how to deter Russia and what a European contribution to containing China might entail represents a major challenge for Western European nations, which have relegated defence to a secondary position, as almost a discretionary activity. European states partially demobilised in the 1990s and early 2000s, intellectually and in terms of their force structures, in response to the end of the Cold War. For example, according to IISS data, in 1990 West Germany alone was thought to be able to field 215 combat battalions and the UK 94. Today it is a fraction of that. However, security challenges relating to regional instability, crisis management and transnational terrorism – which all dominated the previous two decades – have not disappeared. On the contrary, all these still demand attention and the investment of European resources. While there is a growing recognition among Europe’s analytical community, and some governments, that things cannot simply continue as before in terms of regional security and defence, coherence and resolve among core actors in the Euro-Atlantic sphere have weakened. The US administration has intensified its call for better transatlantic burden sharing, at the same time displaying a cavalier attitude to the collective-defence commitment enshrined in NATO. France’s President Emmanuel Macron has also expressed severe doubts about the viability of NATO’s collective-defence mission. In addition, the British decision to leave the European Union in 2020 implies that the EU has lost one of its most militarily experienced and one of its most capable member states. There is a tendency among many observers and some politicians to argue that European NATO and EU member states need to clarify the political dimension of their defence ambition, via-à-vis greater strategic autonomy, before resolving the problem of how to meet this ambition militarily, at what cost and in what time frame. Indeed, at times, the debate about European strategic autonomy seems to focus more on the degree of independence from the US that its various proponents would like to achieve and less on the military requirement that autonomy is meant to respond to. It is now widely accepted across Europe that Europeans need ‘to do more’ for their own security and defence. Most of the intellectual energy allocated to this aspiration is spent on achieving better coordination – and even a level of integration – among European armed forces. This is useful, but only if it is directed at building capability to provide for the defence of Europe. The existing military capabilities of the European NATO member states fall short when compared to the force requirements generated by the political–military level of ambition as defined by NATO, or for that matter the EU.5 However, this should not be an excuse to lower the level of ambition, nor should the assumption that Europeans are unable to defend themselves be declared an inevitability. Defence output is the result of political, financial and military choices by governments. To think systematically about the challenge of providing capabilities that can meet Europe’s emerging military requirements, The International Institute for Strategic Studies and the Hanns Seidel Foundation convened a group of thinkers and practitioners from Germany and the UK. The group took seriously the US assertion that Europe needs to be able to provide for its own defence. If Europeans can achieve this, they will be valuable partners to the US in upholding and strengthening the liberal international order on which Euro-Atlantic prosperity and security depend. Meeting twice in 2019, the group discussed threat assessments, debated European capability gaps and scoped potential approaches to addressing them. The following pages draw on the group’s deliberations but do not represent a consensus position.
Topic:
Defense Policy, NATO, Regional Cooperation, European Union, and Military Spending
Political Geography:
Russia, Europe, North Atlantic, Asia, and North America

3. Alliance capabilities at 70: achieving agility for an uncertain future

Author:
Camille Grand and Matthew Gillis
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
NATO Defense College
Abstract:
The credibility of any alliance depends on its ability to deliver deterrence and defence for the safety and secu- rity of its members. Without capability, any alliance is deprived of credibility and exists only on paper. De- spite a rocky history – up to and including the current debate on burden-sharing – capability lies at the heart of NATO’s success. There is good cause to draw opti- mism from the Alliance’s accomplishments throughout its 70 years in providing a framework for developing effective and interoperable capabilities. However, the future promises serious challenges for NATO’s capabilities, driven primarily by new and dis- ruptive technology offering both opportunities and threats in defence applications. Moreover, develop- ments in these areas are, in some cases, being led by potential adversaries, while also simultaneously mov- ing at a pace that requires a constant effort to adapt on the part of the Alliance. On the occasion of NATO’s 70th anniversary, the future outlook requires a serious conversation about NATO’s adaptability to embrace transformation and develop an agile footing to ensure its future relevance.
Topic:
Defense Policy, NATO, Diplomacy, Regional Cooperation, and Collective Defense
Political Geography:
Europe, North Atlantic, and North America

4. It’s that time of the decade again: some considerations for NATO’s eighth Strategic Concept

Author:
Jeffrey H. Michaels
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
NATO Defense College
Abstract:
In the Declaration that emerged from the Decem- ber 2019 London Leaders Meeting, NATO Secre- tary General Jens Stoltenberg was tasked to present Foreign Ministers with “a forward-looking reflection process under his auspices, drawing on relevant exper- tise, to further strengthen NATO’s political dimension including consultation”. This new tasking has been largely attributed to French President Emmanuel Ma- cron’s remark the previous month that the Alliance was suffering from “brain death”. Speaking at a press conference alongside Stoltenberg, Macron elaborated on his comment, complaining the Alliance was overly focused on “cost-sharing or burden-sharing” whereas too little attention was being placed on major policy issues such as “peace in Europe, the post-INF, the re- lationship with Russia, the issue of Turkey, who is the enemy?”3
Topic:
Defense Policy, NATO, Regional Cooperation, and Collective Defense
Political Geography:
Russia, Europe, North Atlantic, Turkey, and North America

5. The case for NATO’s global partnership with India

Author:
Abdurrahman Utku Hacioglu
Publication Date:
02-2020
Content Type:
Working Paper
Institution:
NATO Defense College
Abstract:
India is a country rarely discussed in any of NA- TO’s operational activities, regional dialogues, or global partnerships. This rarity, however, is likely to change because of shifting political and economic trends, emerging threats from outside NATO’s tradi- tional Euro-Atlantic area, and the necessity to adapt to changing circumstances. Taking account of the emerging multi-polarity in the Asia-Pacific and the US resistance to change, India will become a key country to counter-balance China’s and Russia’s growing influ- ence, to project stability and strengthen security in the Asia-Pacific region in the near future. NATO should take advantage of the opportunity, consider India as a key strategic partner, and include India within NA- TO’s growing strategic partnership framework as a “Partner Across the Globe”.
Topic:
Defense Policy, NATO, Regional Cooperation, and Collective Defense
Political Geography:
Russia, North Atlantic, India, Asia, and North America

6. Turkey’s military policy in Syria: implications for NATO

Author:
Can Kasapoglu
Publication Date:
02-2020
Content Type:
Working Paper
Institution:
NATO Defense College
Abstract:
In three decades, Ankara’s strategic agenda in Syria has considerably changed. First, back in the late 1990s, Tur- key’s primary goal was to put an end to the Hafez al-As- sad regime’s use of the PKK terrorist organization as a proxy. To address the threat at its source, Ankara resort- ed to a skillfully crafted coercive diplomacy, backed by the Turkish Armed Forces. A determined approach – championed by Turkey’s late president Suleyman Demi- rel – formed the epicenter of this policy: it was coupled with adept use of alliances, in particular the Turkish-Is- raeli strategic partnership. In October 1998, Syria, a trou- blesome state sponsor of terrorism as designated by the US Department of State since 19791, gave in. The Baath regime ceased providing safe haven to Abdullah Oca- lan, the PKK’s founder who claimed thousands of lives in Turkey. The same year, Damascus signed the Adana Agreement with Ankara, vowing to stop supporting ter- rorist groups targeting Turkey. In the following period, from the early 2000s up until the regional unrest in 2011, Turkish policy aimed at reju- venating the historical legacy. During that time, Ankara fostered its socio-cultural and economic integration efforts in Syria – for example, cancelling visas, promoting free trade, and holding joint cabinet meetings. Turkey’s foreign policy was shaped by then Foreign Minister and Prime Minister Ahmet Davutoglu’s thought, popularly formulated in the concept of “Strategic Depth”. Refer- ring to David Laing’s anti-psychiatry school, Davutoglu claimed that the nation was alienated from its roots and embraced a “false self”. To fix the “identity crisis”, Tur- key pursued charm offensives in the Middle East. This ideationally motivated stance even led to speculative neo-Ottomanism debates in Western writings.2 From 2011, when the Arab Spring broke out, there were high hopes as to Turkey’s role model status. In April 2012, before the Turkish Parliament, then For- eign Minister Davutoglu stated that Ankara would lead the change as “the master, pioneer, and servant” of the Middle East.3 Five years later, the Turkish administration dropped these aspirations. At the 2017 Davos meeting, then Deputy Prime Minister Mehmet Simsek stated that the Assad regime’s demise was no longer one of his gov- ernment’s considerations.4 In fact, by 2015, Turkey had to deal with real security problems on its doorstep, such as the Russian expedition in Syria, ISIS rockets hammer- ing border towns, the refugee influx, and mushrooming PKK offshoots.
Topic:
Defense Policy, NATO, Diplomacy, Regional Cooperation, and Military Strategy
Political Geography:
Europe, North Atlantic, Turkey, Syria, and North America

7. No time to hedge? Articulating a European pillar within the Alliance

Author:
Jens Ringsmose and Mark Webber
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
NATO Defense College
Abstract:
NATO has for seven decades seen its share of crisis, argument and division. Still, few would dis- agree that the presidency of Donald Trump has added a new layer of discord and unpredictability to what the late Michael Howard once described as “an unhappy successful marriage”.1 Germany, France, and Denmark have all been brow-beaten by the US President, and even the UK, America’s staunchest ally, has been taken aback by Trump’s behaviour.2 But there is something far worse going on here than a marital argument. By calling into question America’s commitment to Article 5 and even to NATO membership itself Trump has, in effect, threatened a divorce.3 True, Trump’s words are often at odds with American actions. US ma- terial commitment to NATO remains strong, evi- dent in the European Deterrence Initiative (EDI), and US participation in exercises such as Trident Juncture and Defender Europe 20. But words still matter, particularly when spoken by a President with a maximalist interpretation of his prerogative powers. Europeans governments may not welcome it, but Trump has raised the possibility of American abandonment. So, the Allies have been forced to consider their options. All European capitals rec- ognize there is no realistic alternative to “Plan A” – a credible American security guarantee – but many are beginning to think of a “Plan B” outside of NATO that supplements the fragile transatlantic link. This sort of reaction to the “Trump shock” is understandable but ill-conceived. Hedging in this way might end up triggering exactly what the Eu- ropeans wish to avoid: the US walking away from its European Allies. There is a risk, in other words, that the hedge will become a wedge. The Europe- an Allies should instead up their game in support of NATO and return to the idea of a European pillar in the Alliance. A stronger and more coher- ent European contribution to defence and securi- ty that straddles both NATO and the EU would demonstrate to a sceptical audience in Washing- ton that NATO-Europe is pulling its weight in the trans-Atlantic Alliance. “Plan A” is still alive, but it could do with a bit of life support.
Topic:
Defense Policy, NATO, Regional Cooperation, and Collective Defense
Political Geography:
Europe, North Atlantic, and North America

8. Projecting Stability to the South: NATO’s other challenge

Author:
Chloe Berger
Publication Date:
05-2020
Content Type:
Working Paper
Institution:
NATO Defense College
Abstract:
In the spring of 2020, the Atlantic Alliance’s “large pe- riphery” to the South, which extends from the Sahel to the Asian borders of the Arabian Gulf, remains in a state of dangerous instability. The health and con- tainment measures taken by the authorities against the COVID-19 crisis have put popular claims to rest. The case of Lebanon shows, however, that the urgency of the pandemic has not made the demands of the pop- ulation disappear. Beyond managing the health crisis, there is no doubt that the future of the region’s lead- erships1 will largely depend on their ability to miti- gate both the socio-economic consequences of the COVID-19 crisis, as well as the political ones. In this “broader MENA” region, whose confines and internal cohesion are unstable, the challenges are ever more complex. Despite the relative consensus between NATO and its Mediterranean Dialogue (MD) and Is- tanbul Cooperation Initiative (ICI) partners on the deep-rooted causes of the structural instability, the po- tential solutions are much debated. NATO’s “Project- ing Stability” concept raises as many questions with the partners, as it does within the Alliance, since a desired end-state has yet to be defined. While all efforts con- tributing to an increase in stability are a priori welcome, the Alliance and its partners must agree on the conditions of stability in order to identify and implement effective means suited to the local context.
Topic:
NATO, Regional Cooperation, Military Strategy, and Collective Defense
Political Geography:
Europe, North Atlantic, Asia, North America, and Gulf Nations

9. Will a European Security Council Bring Strategic Relevance?

Author:
Jo Coelmont
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
Europe is looking to be a global player rather than just a global playground. To achieve this, it needs a security council. This is essential for gaining strategic relevance. Europe needs to have recourse not only to international fora but also to a series of instruments of hard and soft power. Swift decision making at the appropriate level is of paramount importance. Such a security council should meet a number of requirements: it must be representative, be able to both achieve unity of vision and undertake action smoothly, and keep going until the desired end-state has been achieved. Several proposals have been made as to the composition of such a body. I will look into the four most discussed options. Are we spoilt for choice?
Topic:
Security, Defense Policy, NATO, Regional Cooperation, and Military Strategy
Political Geography:
Europe, North Atlantic, and North America

10. China's Rise as a Global Security Actor: Implications for NATO

Author:
Meia Nouwens and Helena Legarda
Publication Date:
12-2020
Content Type:
Working Paper
Institution:
International Institute for Strategic Studies
Abstract:
In December 2019, for the first time, NATO leaders recognised China as a new strategic point of focus for the Alliance. This reflects growing concern among NATO members surrounding China’s geopolitical rise and its growing power-projection capabilities, as well as the impact that these may have on the global balance of power. Today, China is not only taking a central role in Indo-Pacific security affairs but is also becoming an increasingly visible security actor in Europe’s periphery. As such, the question of how to deal with an increasingly global China has been an important part of Secretary-General Jens Stoltenberg’s NATO 2030 reflection process. China poses a wide range of challenges to NATO. Beijing sees the Alliance as a United States-centric outfit that may be used by Washington to contain China, and has therefore tried to influence individual NATO members’ decisions in order to weaken the Alliance’s unity. Close ties between China and Russia, especially in the security and military spheres, have also been a source of concern for NATO allies. Besides the Chinese and Russian navies’ joint exercises in the Baltic and Mediterranean seas, there is also the potential for the two sides to further coordinate – or at least align their behaviour – on issues of relevance to the Alliance, including hybrid warfare and cyber espionage, arms-control issues, and their approach to Arctic governance, among others. China’s defence spending and military-modernisation process, along with the growing strength of its defence industry, have led to the proliferation of more advanced military platforms around the world. Beijing is also expanding its stockpile of missiles, some of which have the range to reach NATO countries. China’s military-power-projection capabilities have likewise edged towards Europe as the People’s Liberation Army (PLA) has expanded its international presence over the last few years. While NATO allies may have agreed that China presents a number of challenges to the Alliance’s security, they have yet to achieve consensus on how to address them. Some of these issues lie beyond NATO’s traditional areas of competence and will require expertise best provided by partners of the Alliance rather than the Alliance itself. NATO allies will need to prioritise how, when, where and with which partners to use their combined resources to deal with them. At the same time, the Alliance acknowledges that China is not its adversary. NATO thus must find areas of common interest where it can continue to cooperate with China, albeit with a more clear-eyed approach than it has done in the past. Addressing the opportunities and problems posed by China as a cohesive alliance will be more important than ever.
Topic:
Security, Foreign Policy, Defense Policy, NATO, Diplomacy, Regional Cooperation, and Hegemony
Political Geography:
China, Europe, North Atlantic, Asia, and North America