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141. Governing Outer Space – legal issues mounting at the final frontier

Author:
Hjalte Osborn Frandsen
Publication Date:
02-2023
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
In 2022, the private space firm SpaceX successfully launched 61 rockets, adding hundreds of satellites to its burgeoning, globe-spanning mega-constellation. SpaceX´s Starlink-project now comprises more than 3,000 satellites. For comparison, the European Space Agency launched six rockets in 2022 and operates less than 50 satellites in total. In the span of a few years, private space companies have dethroned nation states as the dominant actors in outer space. Today the vast majority of satellites are owned and controlled by commercial companies. During the first months of the Russian assault on Ukraine, several commercial space companies stepped in to provide vital satellite images and space-based Internet in support of the Ukrainian defense. This exemplifies the three currently dominant trends of human space activities: expansion, securitization and privatization. The global space industry is undergoing the most fundamental and swift changes since the original space race ended when Neil Armstrong placed the first boot marks on the moon in 1969. The rapid changes raise a number of serious governance issues in areas such as national security, environmental protection and the rule of law in outer space. Denmark, Europe and the international community at large all have an acute interest in insisting on space being a global commons in which conduct can and should be regulated to benefit all of humanity – not just a few profit-seeking billionaire-owned space companies. Developments in the space industry are fast and accelerating. As with other global governance issues, like climate and cyber issues, achieving global accord on new regulations for space activities will be difficult and time-consuming, so prudent policymakers should get started right away.
Topic:
Security, Defense Policy, Governance, Law, and Space
Political Geography:
Global Focus

142. What shall we do with the suspected pirates? Why piracy prosecution doesn't always work

Author:
Jessica Larsen
Publication Date:
03-2023
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
In African waters, incidents of piracy still far outweigh apprehensions, leaving few suspects to prosecute. Those who are prosecuted may face either impunity or legal uncertainty, because the illegal act of piracy is difficult to prove in some cases. There are steps that the states involved in counter-piracy should take to address these challenges. Piracy has been a constant issue of concern since the early 2000s in the waters off East and West Africa, albeit with numbers of incidents fluctuating with seasons and geography. The international community has in both theatres developed a practice, where international navies patrol the waters and hand over suspects for prosecution in regional states. But bringing piracy suspects to justice faces many challenges. This policy brief points to the main issues and possible solutions.
Topic:
Security, Defense Policy, Water, Governance, Piracy, and Maritime
Political Geography:
Africa

143. Toward a Unified NATO Response to the People’s Republic of China

Author:
Rob York, David Camroux, Kelly Grieco, and Bradley Jensen Murg
Publication Date:
02-2023
Content Type:
Special Report
Institution:
Pacific Forum
Abstract:
Following the Cold War’s end there were those who questioned NATO’s continued relevance. Such views may have found little currency among scholars of foreign policy and security, but among the general public it was not unheard of to wonder why, with the dissolution of the Warsaw Pact in 1991 its rival organization did not also become defunct, especially given the Russian Federation’s friendlier tilt in the decade that followed. On the part of the United States, by the 2010’s a fatigue had settled in among much of the populace over US foreign commitments, especially regarding partner countries not perceived as pulling their own weight. By the middle of that decade, that fatigue had begun to manifest itself in US election results. Vladimir Putin’s Russia, and its brazen invasion of Ukraine last year may not have succeeded in bringing Ukraine to heel or establishing Moscow as a great military power again, but it did accomplish two other things. For one, it demonstrated for the world what the countries separated by the Atlantic could achieve—even indirectly—by helping partners (even non-NATO members) acquire the means to defend themselves. For another, and for all Putin’s claims to the contrary, it showed that nations near Russia’s western border have a very good reason for wanting NATO membership. Putin, more so than any mainstream American or continental European security scholar, has demonstrated the alliance’s continued relevance in providing for the security of countries that desire self-determination and alignment with the liberal, rules-based international order. As it approaches its one-year anniversary the outcome of the Ukraine war is still far from clear, as is precisely how the alliance will respond to the challenge that looms beyond it: the People’s Republic of China, with its growing military might, and its economic influence. And there is broad agreement on the appropriateness of the term “challenge”—the US Department of Defense, which calls Russia an “acute threat,” uses the noun “pacing challenge” to describe Beijing. Meanwhile NATO’s 2022 Strategic Concept used the verb form, declaring the PRC’s “stated ambitions and coercive policies challenge our interests, security and values.” The forcefulness of these words should not have come as a surprise: US partners in the European Union have been every bit as outspoken about human rights in China as Washington has, as well as against its “malicious cyber activities.” Differences in priority remain, informed by economics, history, and geography (especially considering how much more imminent a threat Russia represents to Europe than the United States), but opinions on both sides of the Atlantic have shifted regarding the PRC, and for many of the same reasons. That shift, and what policies should follow, is the subject of Pacific Forum’s edited volume “Toward a Unified NATO Response to the People’s Republic of China” and its accompanying webinar. With a grant from the NATO Public Diplomacy Division, Pacific Forum brought together three distinguished scholars—one to discuss the evolution of views toward the PRC in the United States over the past decade, one to chart the same change in Europe, and a third to discuss how the two sides should best work together in meeting this shared challenge. Describing the US position, Bradley Jensen Murg argues that increasing American skepticism of Beijing’s intentions is not, as is frequently argued, a unipolar action driven by the insecurity of one great power being replaced by another. Instead, he argues that it is a multifaceted evolution driven by generational change, increased awareness of the PRC’s human rights record, and the failure of international institutions (such as the World Trade Organization) to contribute to PRC liberalization. He further notes that the United States’ views on Beijing are no international outlier but are broadly shared, especially in Europe. Regarding the European perspective, David Camroux notes that the thinking shifted in the aftermath of the Global Financial Crisis of 2008-09. Once a destination for European investment the PRC, thanks to its rapid recovery from the crisis and growing domestic capacity, increased its own financial presence on the European continent, arousing increasing concerns. Subsequent revelations about Uyghur Muslims in Xinjiang and the suppression of Hong Kong’s protest movement further alienated Europe. He stresses, though, that Europe’s views will likely remain distinct from Washington’s to an extent—Europe does not consider Beijing a “hard security challenge” nor does it possess the hard security capabilities to meet them. Instead, it will continue minilateral engagement with regional powers such as Tokyo, Seoul, Delhi, and Canberra, to reduce dependency on the PRC in a non-confrontational way and avoid direct alignment with Washington in the emerging Great Power Competition. Concluding the edited volume, Kelly Grieco notes the increasing comity in US and EU positions regarding the PRC, but states that, as the “North Atlantic Treaty Organization,” NATO faces practical limitations in terms of projecting power in the Indo-Pacific. Rather than working to confront Beijing militarily, European countries’ most beneficial contribution to NATO would be to increase their security commitments in Europe—thus reducing the burden faced by the United States there—and to use their “diplomatic clout and economic, financial, and technological resources to form an effective coalition to balance against [PRC] power and influence.” Pacific Forum hopes that these scholarly insights will find a wide audience in the United States, Europe, and elsewhere, and that NATO will remain an effective partnership—not to defend Euro-American hegemony and primacy, but the values that underpin the rules-based order and its promise of a fairer, more prosperous global community. Pacific Forum also hopes that, amid their shared defense of rules and values, NATO and its partners will find avenues for some cooperation with China—at the governmental and people-to-people level—and that people from China continue to feel welcome to work, study, and live in the United States and Europe. No one—American, European, Asian, or otherwise—should mistake our disputes with specific PRC policies and actions for antipathy toward the people of China.
Topic:
Defense Policy, NATO, Transatlantic Relations, and Strategic Interests
Political Geography:
China, Europe, Asia, and North America

144. Japan-China Relations: A Period of Cold Peace?

Author:
June Teufel Dreyer
Publication Date:
01-2023
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Pacific Forum
Abstract:
In the sole high-level meeting in the reporting period, on the sidelines of the APEC meeting in Bangkok in November, General Secretary/President Xi Jinping and Prime Minister Kishida Fumio essentially talked past each other. At an earlier ASEAN+3 meeting in Phnom Penh, Premier Li Keqiang and Kishida not only talked past each other but pointedly walked past each other. There was no resolution of major issues: the Chinese position is and remains that Taiwan is a core interest of the PRC in which Japan must not interfere. Japan counters that a Chinese invasion would be an emergency for Japan. On the islands known to the Chinese as the Diaoyu and to the Japanese as the Senkaku, Tokyo considers them an integral part of Japan on the basis of history and international law while China says the islands are part of China. On jurisdiction in the East China Sea, Japan says that demarcation should be based on the median line and that China’s efforts at unilateral development of oil and gas resources on its side of the median are illegal. Beijing does not recognize the validity of the median line. Economically, a number of Japanese industries have been decoupling from China out of concern for the integrity of their supply chains and for security reasons while others are planning to expand operations there. Both sides continued their respective defense buildups while accusing the other of military expansionism.
Topic:
Security, Defense Policy, Diplomacy, Economics, Politics, and Bilateral Relations
Political Geography:
Japan, China, and Asia

145. Tensions Intensify as Taiwan-US IT Cooperation Blossoms

Author:
David J. Keegan and Kyle Churchman
Publication Date:
01-2023
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Pacific Forum
Abstract:
In the wake of then US Speaker of the House Nancy Pelosi’s visit to Taiwan in August, China’s extensive military exercises continued to impose a more threatening “new normal” in the Taiwan Strait. Taiwan continued to be the focus of heated public exchanges between the US and China. US President Biden said, for a fourth time, that the US would defend Taiwan and added an inflammatory codicil that independence was for Taiwan to decide. At the 20th Congress of the Chinese Communist Party, General Secretary Xi Jinping promised China would strive for peaceful reunification with Taiwan but would not renounce use of force. On Dec. 23, Biden signed the Taiwan Enhanced Resilience Act and a State Department appropriation providing $2 billion in loans for Taiwan to purchase US equipment. Two days later, China sent 71 military aircraft and seven ships to intimidate Taiwan, its largest-ever one-day exercise near the island. Two days later, Taiwan President Tsai Ing-wen announced that Taiwan would extend its military conscription to 12 months. TSMC formally broke ground for the first of two factories in the US, a $40 billion investment. The new year will see Taiwan’s DPP and KMT parties launch their presidential election campaigns, debating visions for cross-Strait defense, dignity, and dialogue as the Chinese military appears determined to intensify its intimidation.
Topic:
Defense Policy, International Cooperation, Bilateral Relations, Information Technology, and Military
Political Geography:
China, Taiwan, Asia, and United States of America

146. From “Forward ­Presence” to ­“Forward Defense”: Germany Must Strengthen ­NATO’s Northeastern Flank in Lithuania

Author:
Aylin Matlé
Publication Date:
06-2023
Content Type:
Policy Brief
Institution:
German Council on Foreign Relations (DGAP)
Abstract:
Issues of deterrence and defense along NATO’s northeastern flank have been a greater focus of NATO members since the ­Russian attack on Ukraine began. Particularly in the Baltic States, there is a determination to protect every inch of the Alliance’s territory against a possible Russian attack. To prevent such a ­scenario, NATO is making military adjustments to which Germany will have to increase its contribution.
Topic:
Security, Defense Policy, NATO, and Deterrence
Political Geography:
Europe, Lithuania, and Germany

147. German Defense Spending: A Repeat of the Past Instead of a New Era

Author:
Christian Mölling, Torben Schütz, and Sören Hellmonds
Publication Date:
06-2023
Content Type:
Policy Brief
Institution:
German Council on Foreign Relations (DGAP)
Abstract:
The historic aspiration of Germany’s Zeitenwende – the new era in its foreign and security policy – will fail without the proposed funding. The growing tension between its demands for the Bundeswehr and missing resources is already driving Germany back to the old and shortsighted approach of cutting and stretching budgets and fragile procurement plans. The country needs a security decade: a ten-year systematic spending effort that closes its substantial security gap. Without sustainable funding for military security and other existential government tasks, Germany will continue to pose a risk to itself and others.
Topic:
Security, Defense Policy, Budget, and Defense Spending
Political Geography:
Europe and Germany

148. European Defense in A New Age (#EDINA)

Author:
Christian Mölling, Sören Hellmonds, and Theresa Caroline Winter
Publication Date:
06-2023
Content Type:
Special Report
Institution:
German Council on Foreign Relations (DGAP)
Abstract:
Delve into the transformation of Europe's defense landscape following Russia's Ukraine invasion in 2022 with our comprehensive report. Part of the long-term project on European Defense In a New Age (EDINA), this report provides expert insights on shifts in Europe's military order, defense cooperation, and geopolitical landscape, with a focus on Europe's evolving Defense Technological and Industrial Base (DTIB). Explore key findings on political change, potential divisions, and China's role and discover the seismic shifts reshaping European defense.
Topic:
Security, Defense Policy, and Russia-Ukraine War
Political Geography:
Europe

149. Climate Change in Japan’s New Defence and Security Strategies

Author:
Alistair D B Cook
Publication Date:
01-2023
Content Type:
Commentary and Analysis
Institution:
Centre for Non-Traditional Security Studies, S. Rajaratnam School of International Studies
Abstract:
Japan has taken concrete steps to integrate climate change into its defence and security strategy going forward, and to provide the necessary budget for implementing the relevant measures needed in mitigating the impacts of this threat. This may signal a more prominent leadership role for Japan on climate security in the Indo-Pacific.
Topic:
Security, Defense Policy, Climate Change, and Environment
Political Geography:
Japan and Asia

150. PLA Logistics and Sustainment: PLA Conference 2022

Author:
George R. Shatzer, Roger D. Cliff, Kenneth Allen, Joshua Arostegui, and Justin Boggess
Publication Date:
02-2023
Content Type:
Special Report
Institution:
The Strategic Studies Institute of the U.S. Army War College
Abstract:
The US Army War College People’s Liberation Army Conference (PLA) Conference was held March 31 to April 2, 2022, at Carlisle Barracks, Pennsylvania. The conference focused on PLA logistics and sustainment. As the PLA continues to build and modernize its combat forces, it is important to examine if the capabilities meant to support combat operations are also being developed. Specific topics included: 1) China’s national-level logistics, including how China mobilizes national resources for the military and how it provides joint logistics support to the PLA Theater Commands; 2) the logistics capabilities of the different PLA services, especially the Army, Navy, and Air Forces; 3) PLA logistics in China’s remote regions, such as airpower projection in the Western Theater Command along the Indian border; and, 4) the PLA’s ability to sustain overseas operations at its base in Djibouti. Despite notable potential shortfalls and points of friction, the PLA has successfully sustained counterpiracy maritime operations for many years and conducted noncombatant evacuation operations well-distant from China. It is increasingly able to move forces across the vast distances of China and conduct large training exercises. Far more must be known about PLA sustainment and logistics before the hard questions about PLA operational reach and endurance can be answered.
Topic:
International Relations, Defense Policy, Logistics, Mobilization, Military, People's Liberation Army (PLA), and Power Projection
Political Geography:
China and Asia