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271. THE ROLE OF THE COMMITTEE TO THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

Author:
Chelsea Purvis
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This report analyzes the role of the Committee to the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). It provides an overview of the Committee’s mandate under CEDAW, finding that its mandate is similar to those of other human rights treaty bodies to which the United States reports. Like other human rights treaty bodies, the CEDAW Committee engages with States parties through a process of dialogue. It cannot consider complaints from individuals against states that have not ratified CEDAW’s Optional Protocol. The report then reviews the principle criticisms of the Committee by opponents of U.S. ratification of the Convention, exploring both the Committee’s most controversial recommendations and its contested legal authority. It discusses the contexts in which the Committee has made its most controversial recommendations and notes that each recommendation has had limited practical effect. The report explains that the CEDAW Committee does not have the legal authority to compel a State party to modify its law or values. If the United States were to ratify the Convention, the Committee’s findings and recommendations would have no direct binding legal authority under either domestic or international law. Finally, the report considers the effect that American participation might have on the Committee. U.S. ratification of CEDAW would allow the United States to contribute to the Committee’s process of dialogue. The United States has found engagement with other human rights treaty bodies productive, even though it does not consider recommendations made by human rights committees to be legally binding. U.S. ratification would also permit the United States to participate in the selection of Committee members, making it more likely that Committee recommendations would even more fully reflect U.S. standards.
Topic:
Gender Issues, Law, Women, and Discrimination
Political Geography:
United States of America and North America

272. Stuck in the Middle? U.S.-China Relations and the Korean Peninsula

Author:
EAI Security Net
Publication Date:
02-2011
Content Type:
Working Paper
Institution:
East Asia Institute (EAI)
Abstract:
Not since the visit of Deng Xiapoing in 1979 has a Chinese state visit attracted so much attention as President Hu Jintao’s visit to the United States on January 19, 2011. After a rocky year in U.S.-China relations following President Barack Obama’s visit to Beijing in November 2009, attention naturally focused on the future direction of the relationship between the two countries. Further attention imbued with curiosity also centered on how a relatively declining United States and a rapidly rising China would shape the world order in the long-run. Also following North Korea’s provocations in 2010, the world carefully looked for any strong emphasis on the issue of the Korean Peninsula as a regional challenge. There have been two different interpretations in regards to the results of the U.S.-China summit: an optimistic outlook that the two countries will become cooperative partners and move forward as underscored in the Joint Statement, and pessimistic views that the two powers will merely continue the repeated pattern of conflict and check that they have been doing since November 2009. A similar mix of opinions prevails in regards to the Korean Peninsula. Some expect immediate improvement in inter-Korean relations and the resumption of the Six-Party Talks, while others criticize the U.S.-China summit for barely papering over the cracks. However, neither hasty optimism nor gloomy pessimism is appropriate at this time. There is a need to utilize a comprehensive response strategy, which goes beyond narrow political understandings, based on a precise analysis of the results of the summit.
Topic:
Diplomacy, International Cooperation, Regional Cooperation, Hegemony, and Summit
Political Geography:
China, Asia, South Korea, North Korea, North America, and United States of America

273. Lost in Translation? The Clash of Core Interests and the Future of U.S.-China Relations

Author:
Yang Gyu Kim
Publication Date:
07-2011
Content Type:
Working Paper
Institution:
East Asia Institute (EAI)
Abstract:
In studying the dynamics of U.S.-China relations, one of the most important questions is what data should be used. A review of all classified documents from the two countries may be the ideal way to secure reliable data, but it is not viable. Interviews with key officials in the two governments could be the next best choice but it is still extremely hard to know whether that person is telling the truth or not. In this regard, the official statements of the two countries are the only reliable and authoritative source for research. Of course in official statements, propaganda may be included and they cannot always be taken at face value. However, as information is ubiquitous in this era of globalization, a government would pay a tremendous cost if it expresses contradictory policies in its own official statements. We can therefore assume that official statements provide information on the general direction of the two country’s policies. Which documents can be accepted as official statements? The United States, of course, makes its policies well known throughout the world and has shown high levels of consistency across different departments of the government over its foreign policy. The official statements of the United States are therefore easily accessible through various official government websites including the State Department. On the other hand, China maintains a rather closed socialist system and there are not many documents that could be identified as official statements except for the regular press conferences of the Foreign Ministry. Even with these press conferences, the spokesperson usually responds to selected questions raised by the media. This brings a considerable limitation in collecting official statements from China. In order to address this difficulty, U.S.-China Relations (UCR) Statement Factsheets include editorials of the news outlets run by the Chinese Communist Party (CCP) as official statements. Data collection began from November 2010. This period is important because first, it marks one year since the U.S.-China summit in November 2009 and second, it coincides with the G20 Seoul Summit held in November. Particularly the G20 summit was meaningful as it “clearly demonstrated that we are in a period of transition where the United States is no longer the world’s hegemon, yet no new power emerges.” (Sohn and Cho 2010, 1) Third, Xi Jinping was appointed as vice chairman of the Central Military Commission on 18 October, 2010 and is expected to be the next leader of China. This appointment then signals a new period where the next generation of leaders in the CCP will begin to assert their influence and views. For both the statements from the United States and China, English texts are used presented by either the official government department or a CCP-affiliated media outlet. The reason for not using Chinese language sources is that official statements in Chinese tend to be directed at a domestic audience, and the focus here is on the international messages that are being conveyed. The data is collected everyday and published as a monthly report, UCR Statement Factsheet. The UCR Briefing will analyze the UCR Statement Factsheets and summarize what has happened during the period in narrative form. The UCR Briefing will also focus on critical factors and issues in understanding the present and future of U.S.-China relations. This UCR Briefing No. 1 covers official statements of the United States and China from November 2010 to February 2011.
Topic:
Foreign Policy, International Cooperation, Regional Cooperation, and Economic Cooperation
Political Geography:
China, Asia, North America, and United States of America

274. Korea-U.S. Free Trade Agreement: Analysis of Public Opinion Surveys on Ratification

Author:
Wonchil Chung
Publication Date:
10-2011
Content Type:
Working Paper
Institution:
East Asia Institute (EAI)
Abstract:
There was a lot at stake for the Korean Congress in August 2011, and one of them was the Korea-U.S. Free Trade Agreement (KORUS FTA). Regarding this bill, the two main parties have been pitted against one another. The Grand National Party (GNP) asserts that the FTA bill has at least to be submitted to the Standing Committee; while the Democratic Party (DP) suggests the 10+2 renegotiation proposal (see Appendix 1) for the KORUS FTA that impose restrictions on the arrangement. If the DP's proposal is agreed upon by the National Congress, ratification becomes impossible, since the proposal will allow the negotiation of the FTA, in progress for more than four years (2006 to February 2011), to be taken back to square one. It is true that the KORUS FTA has a lot to offer when it comes to economic aspects, as the Ministry of Strategy and Finance (MOSF) pointed out in its analysis (see Appendix 2). With that in mind, the GNP risks its political position, as public opinion displays distrust and dissatisfaction over the imbalance between Korea and the United States shown during the progress of the negotiation (see Appendix 3).
Topic:
International Cooperation, International Trade and Finance, and Economic Cooperation
Political Geography:
Asia, South Korea, North America, and United States of America

275. Coping with the North Korean Survival Game: The Cheonan Incident and Its Aftermath

Author:
Seong-Ho Sheen
Publication Date:
07-2010
Content Type:
Working Paper
Institution:
East Asia Institute (EAI)
Abstract:
While on a routine patrol along the Northern Limit Line (NLL), a South Korean Navy corvette, Cheonan was hit by an external explosion and rapidly sunk at 9:22pm on March 26, 2010. Of the one hundred and four South Korean crew members on board, forty six were found dead or remain missing (Cha 2010). After weeks of a scientific investigation supported by an international team of twenty four American, British, Australian, and Swedish experts, the South Korean government announced on May 20, that the ship was sunk by a torpedo launched from a North Korean midget submarine. The South Korean government and the public are now weighing the various measures in how to respond to this major North Korean provocation. Experts, on the other hand, are trying to understand what might have been the cause of such a bold aggression by the North Korean regime. While some have suggested a combination of various reasons for the alleged attack, a prominent North Korean insider has argued that the Cheonan incident may have to do with the North Korean leadership succession issue. Cho Myung-chul, a former professor at Kim Il-sung University, has suggested that the Cheonan incident was the work of the emerging leadership surrounding the young and unknown Kim Jong-eun, the son of Kim Jong-il and possible future successor. The motivation then would be for Kim Jong-eun and his supporters to prove themselves to Kim Jong-il and North Korean people. Leadership succession in a dictatorship tends to create a lot of uncertainty, anxiety, and confusion for its governance and the state apparatus. There will be competition and rivalry among different groups and factions for survival and to take a lead in the power transition. In that process, hard liners tend to command a stronger voice. Given the mounting pressures of a deteriorating economic situation and diplomatic isolation since the famine of 1995-98, sinking a South Korean warship could score an important political victory domestically, inducing the North Korean people to be proud of its regime and new leadership. At the same time, it could teach a lesson to the Lee Myung-bak government which has insisted on linking the nuclear issue with North-South exchanges. Indeed, North Korea issued a series of warnings to South Korea after criticizing the Lee administration for refusing to restart the Mount Kumkang Tours that had been canceled after a South Korean tourist had been shot by a North Korean guard on July 11, 2008. Pyongyang was further upset by alleged contingency planning for a sudden collapse of the regime and the hosting of military exercises with the United States. In particular, just a couple of weeks before the Cheonan incident, the Korean People’s Army issued a statement that it would no longer remain bound by the Korean War Armistice or the 1992 North-South Non-Aggression Agreement, therefore it “will legitimately exercise their force for self defense, unhindered, just as they had determined to do.” The worry now is that such provocations may eventually be aimed at the Obama administration which has hardened its position toward North Korea since the second nuclear test on May 25, 2009. While not completely excluding the possibility for bilateral dialogue, the United States has insisted that Pyongyang must return to the multilateral Six-Party Talks by implementing its obligations under previous agreements. North Korean demands for nuclear arms control and a peace treaty in exchange for denuclearization has only strengthened Washington’s deep mistrust of Pyongyang’s true intentions. Considering that the Obama administration has adopted a policy of wait and see, or what it calls “strategic patience,” the North Korean leadership might have concluded that there is not much to gain from making a deal with Washington for now. Furthermore, President Obama’s designation of North Korea along with Iran as an outlier in his drive for a “World Without Nuclear Weapons” and a possible target of U.S. nuclear weapons in the recently published 2010 Nuclear Posture Review can only have made Pyongyang’s conviction even more pessimistic. The problem is that the sinking of the Cheonan may not be an isolated incident. North Korea may become more desperate and brazen as they face increasingly harsher measures from South Korea and the international community, particularly the United States. The race for completing succession by 2012 may further strengthen the voice of hardliners who wish to heighten tensions with South Korea and the United States. More importantly, the Cheonan incident could be a sign of increasing instability in North Korea. The regime there faces the critical question of Kim Jong-il’s health and the issue of succession amidst a deepening economic crisis and international isolation. The Cheonan incident not only presents the immediate challenge of crisis management but also poses a medium to long-term question about the regime’s future.
Topic:
Diplomacy, Nuclear Weapons, Military Strategy, Conflict, Missile Defense, and Denuclearization
Political Geography:
Asia, South Korea, North Korea, North America, and United States of America

276. Post-2012 U.S. Leadership and U.S. Policy toward East Asia

Author:
Young Kwon Sohn
Publication Date:
11-2010
Content Type:
Working Paper
Institution:
East Asia Institute (EAI)
Abstract:
2012 the United States will hold another presidential election, and it will surely be a referendum on the first term of the Obama presidency. As usual, the election will attract the attention of the public and the pundits alike, both at home and abroad, particularly at a time when an increasing number of people will be interested in how the election’s outcome will affect U.S. foreign policy and, related to it, the Sino-American bipolar configuration in East Asia. Since the Cheonan incident in the West Sea in the spring of 2009, particularly, the evolution and interaction of the Sino-American relationship in East Asia has become the focus of speculation among policy analysts and practitioners. That said, the outcome of the 2012 U.S. presidential election raises several questions. Will the 2012 presidential election bring a new leadership team to the White House? And will the outcome, new leaders or not, affect the overall tone of U.S. strategy in East Asia? If not, what other factors should be considered in forecasting the future of East Asia? Although a definitive answer to these questions cannot be had when we are still two years away from the 2012 presidential election, addressing them, nevertheless, is an intriguing mental exercise. We can say immediately that it is unlikely that the outcome of the 2012 election will be the dominant factor determining the United States’ strategy in East Asia as of 2013. Because of the rising power of China and the ever-hardening bipolarized structure of power in the region, significant changes in post-2012 East Asia are more likely to be triggered by changes from within East Asia itself, rather than from the United States. An ambitious China, taking a more aggressive posture toward both its neighbors and the United States, could be a potentially destabilizing factor in the region. Internal changes in North Korea could also be regionally destabilizing. The United States’ East Asian policy would thus be somewhat reactive in its general tone, although not passive. The U.S. stance could be firm and even assertive, however, depending on the situation, just as it was recently in dealing with China’s bid for expansion toward the South China Sea.
Topic:
Foreign Policy, International Cooperation, Military Strategy, and Leadership
Political Geography:
East Asia, Asia, North America, and United States of America

277. Economic Interdependence, Alliance Cooperation, and Sino-U.S. Complex Interdependence

Author:
Scott Snyder
Publication Date:
12-2010
Content Type:
Working Paper
Institution:
East Asia Institute (EAI)
Abstract:
China’s rising economic strength has highlighted a need to understand in greater detail the impact of complex economic interdependence on prospects for alliance cohesion, especially when an ally comes to depend on a potential adversary as its leading trading partner and engine for economic growth. This is an issue that did not come into play to any significant degree in analyzing alliance dynamics during the cold war era precisely because the development of security and economic relationships during that period were aligned with and served to reinforce each other, and the level of economic ties among potential cold-war adversaries was minimal. Analysis of trade relationships among security allies from that period shows a clear correlation of preferences for trading relationships with security partners versus adversaries, but it is not clear based on that data alone that there was necessarily causality between economic trade patterns and security alliances. In fact, structural differences between market economies (that tended to be allied with each other) and non-market economies were a significant deterrent to the development of economic relations with non-security partners during the cold war. In the post-cold war era, economically interdependent trade and investment relationships have been relatively unconstrained by political and security considerations, resulting in a situation where non-security partners such as China, a potential challenger to U.S. power, have become actively integrated in global supply chains as a leading manufacturer of goods for the global market. In considering this question, Dong Sun Lee and Sung Eun Kim have attempted to provide an empirical analysis of the influence of bilateral economic relations as a factor in shaping America’s Asian alliances, concluding that “economic ties do not markedly reinforce the security alliances of East Asia, because they have an asymmetrical structure”(Lee and Kim 2010, 4). But in making the argument that asymmetry matters, Lee and Kim assume that the economic consequences of interdependence are negative for dynamics within the alliance and that these negative consequences may cancel out positive effects of economic interdependence, even though the main argument of that the paper proves is that economic ties do not necessarily reinforce security alliances. The authors’ assertions regarding asymmetrical economic relations as having an impact on alliance dynamics are unproven and not dealt with to any significant degree by the evidence presented in the paper.
Topic:
Diplomacy, International Cooperation, Alliance, and Economic Cooperation
Political Geography:
China, Asia, North America, and United States of America

278. A Complex Strategy to Overcome the Yeonpyeong Incident

Author:
Young-Sun Ha
Publication Date:
12-2010
Content Type:
Working Paper
Institution:
East Asia Institute (EAI)
Abstract:
Since North Korea’s deadly artillery barrage on Yeonpyeong Island, South Korea has been stepping up efforts in its defense posture and international cooperation. In preparing against any further provocation from the North, Seoul has been reinforcing forces on the island, strengthening defense and deterrence capabilities, and drastically increasing its defense budget. Somewhat belatedly, it has also been taking up actions to reexamine the strategies of the ROK-U.S. military alliance, demanding cooperation from China and Russia while maintaining the traditional trilateral cooperation with the United States and Japan. Of course, analyzing the causes of the weak response to the shelling and preparing to prevent further provocations are undoubtedly important. However, reading the bigger picture and formulating key strategies for the future is a far more critical task. The Kim Jong-il/Kim Jong-un leadership in November 2010 conducted two consecutive moves—revealing its uranium enrichment facilities and launching an artillery strike on Yeonpyeong Island. Understanding the situation of the whole East Asian region, while at the same time anticipating Pyongyang’s strategies and taking preemptive actions will be the main challenges ahead for Seoul. Firstly, it is important to understand the range of North Korea’s strategic options from aggressive diplomacy to peaceful diplomacy. The Korean Peninsula went through the Korean War in 1950 and following of the ceasefire, both Koreas were stuck between ‘hot war’ and ‘cold war.’ Since the collapse of the Soviet Union, the world has passed the stage of ‘cold peace’ and moved towards a ‘hot peace.’ In spite of this global shift, North Korea has been frequently using combinations of ‘cold war,’ ‘hot war,’ ‘cold peace,’ and ‘hot peace’ on the international strategic chessboard. For example, during the Cold War period North Korea provoked the South in a number of cases: Rangoon bombing (1983), bombing of Korean Air Flight 858 (1987), attempted Blue House raid (1968), North Korean infiltration in the Uljin and Samcheok areas (1968). Even in the post-Cold War period, nuclear tests, naval battles in the Yellow Sea, the sinking of Cheonan naval ship and the shelling on Yeonpyeong Island ensued. At the same time, Pyongyang has been aggressively demanding for a peace agreement to this day. The possibility for limited warfare on the Korean Peninsula came dangerously close with the recent Yeonpyeong shelling, more so than the last North Korean provocation, the sinking of the Cheonan. As the pendulum of war and peace on the Korean Peninsula swung from the ‘cold war’ to ‘hot war,’ greater chaos arise. It is expected that the Kim Jong-il/Kim Jong-un regime will try to maximize the use of this pendulum of peace and war in order to strengthen Kim Jong-un’s weak power base. In spite of the dangers, merely worrying about the possibility of war is not going to help. Rather, we have to understand precisely why the North has raised the bar of aggression from acts of terrorism to that of a direct artillery attack on South Korean territory. It is likely that the North would pursue a ‘cold peace’ offensive to utilize the amplitude of the pendulum. A complex picture emerges when looking back on the recent comments made by top officials from North Korea, the United States, and China. Seoul and Washington have called for Pyongyang to engage in measures for active denuclearization and reengagement in inter-Korean relations as preconditions for resuming the Six-Party Talks. North Korea on the other hand has taken precisely the opposite measures. To read what the North Korean regime has in mind we have to think of the situation not as a motionless snapshot but as a moving footage. Furthermore, South Korea must do more than just respond to North Korea’s actions. Instead it should focus on making strategically preemptive moves. For this, it is necessary to examine why the North Korean regime expanded the pendulum’s amplitude and find measures to make the leadership pursue a survival strategy that does not include huddling around nuclear weapons.
Topic:
Defense Policy, Diplomacy, Military Strategy, Alliance, and Conflict
Political Geography:
China, Asia, South Korea, North Korea, North America, and United States of America

279. The Impact of Macroeconomic Announcements on Real Time Foreign Exchange Rates in Emerging Markets

Author:
Fang Cai and Hyunsoo Joo
Publication Date:
05-2009
Content Type:
Working Paper
Institution:
Board of Governors of the Federal Reserve System
Abstract:
This paper utilizes a unique high-frequency database to measure how exchange rates in nine emerging markets react to macroeconomic news in the U.S. and domestic economies from 2000 to 2006. We find that major U.S. macroeconomic news have a strong impact on the returns and volatilities of emerging market exchange rates, but many domestic news do not. Emerging market currencies have become more sensitive to U.S. news in recent years. We also find that market sentiment could sway the impact of news on these currencies systematically, as good (bad) news seems to matter more when optimism (pessimism) prevails. Market uncertainty also interacts with macroeconomic news in a statistically significant way, but its role varies across currencies and news.
Topic:
Emerging Markets, Exchange Rate Policy, and Macroeconomics
Political Geography:
North America and United States of America

280. A Smart Alliance in the Age of Complexity

Author:
Seongho Sheen
Publication Date:
06-2009
Content Type:
Working Paper
Institution:
East Asia Institute (EAI)
Abstract:
The alliance between the Republic of Korea and the United States today faces a complex security environment, in which the threats it confronts are more diverse, more complicated, and require a more delicately balanced approach than ever before. In particular, expectations—even demands—are growing for South Korea to contribute to world peace and stability as a global partner for the United States in pursuing their mutual security interests (Campbell et al. 2009). Do the ROK and the United States share enough strategic interests to sustain such an alliance in the twenty-first century? And should South Korea assume an increasing role in maintaining regional and global peace? During the Cold War, the two countries' alliance was a military one, focused on the clear and direct threat from North Korea. Now, in the twenty-first century, the two security partners must transform their hard alliance into a "smart" alliance to meet more diverse security challenges together. A different set of hard and soft approaches are required, and a smart alliance will call for a more flexible combination of roles played by each partner, depending on the circumstances.
Topic:
Security, Diplomacy, International Cooperation, and Military Strategy
Political Geography:
Asia, South Korea, North Korea, North America, and United States of America