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1. Pirates, Boat People, and Bystanders: Contradictions at the Marine Bedrock of the International Human Rights Regime

Author:
Matej Jungwirth
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Woodrow Wilson School Journal of Public and International Affairs
Institution:
Woodrow Wilson School of Public and International Affairs, Princeton University
Abstract:
This paper explores the high seas as a critical space for the formulation and development of international human rights law in two inter-related areas: anti-piracy campaigns and rescue of the so-called “boat people.” While the high seas have been instrumental in promoting inter-state cooperation and coordination, I argue that they have also laid bare the limits of states’ nominal commitments to rights protection. Using historical case studies of the Vietnam crisis, Haiti arrivals to the United States, and the current marine policies of Australia, I show that states too often willfully neglect their human rights obligations. In doing so, these states might succeed in protecting their short-term interests, but undermine the foundations of international human rights regimes in the long run.
Topic:
Human Rights, Migration, Refugees, and Maritime
Political Geography:
Vietnam, Australia, Australia/Pacific, North America, Southeast Asia, and United States of America

2. The cost of cargo preference for international food aid programs

Author:
Vincent H. Smith
Publication Date:
03-2020
Content Type:
Special Report
Institution:
American Enterprise Institute for Public Policy Research
Abstract:
The federal government annually appropriates funds for food aid programs that the US Agency for International Development manages to benefit some of the neediest individuals in the world. This report analyzes how one interest group, the US maritime industry, has managed to obtain rents from the Title II food aid program through cargo preference requirements in the name of national security. We find that removing cargo preference requirements would allow for between $36 and $64 million of already appropriated funds to go to feeding the hungry and would benefit US soft power globally.
Topic:
Maritime, USAID, Mercantile Policy, and Food Assistance
Political Geography:
North America, Global Focus, and United States of America

3. Defending the Maritime Rules-Based Order: Regional Responses to the South China Sea Disputes

Author:
Rebecca Strating
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
East-West Center
Abstract:
The seas are an increasingly important domain for understanding the balance-of-power dynamics between a rising People’s Republic of China and the United States. Specifically, disputes in the South China Sea have intensified over the past decade. Multifaceted disputes concern overlapping claims to territory and maritime jurisdiction, strategic control over maritime domain, and differences in legal interpretations of freedom of navigation. These disputes have become a highly visible microcosm of a broader contest between a maritime order underpinned by the United Nations Convention on the Law of the Sea (UNCLOS) and challenger conceptions of order that see a bigger role for rising powers in generating new rules and alternative interpretations of existing international law. This issue examines the responses of non-claimant regional states—India, Australia, South Korea, and Japan—to the South China Sea disputes.
Topic:
Foreign Policy, Territorial Disputes, Geopolitics, Maritime, and Jurisdiction
Political Geography:
China, Asia, North America, United States of America, and South China Sea

4. Sustaining the Undersea Advantage: Transforming Anti-Submarine Warfare Using Autonomous Systems

Author:
Bryan Clark, Seth Cropsey, and Timothy A. Walton
Publication Date:
09-2020
Content Type:
Special Report
Institution:
Hudson Institute
Abstract:
Submarines have posed a challenge to naval forces for more than a century, enabling weaker maritime powers to launch surprise attacks ashore or cut an opponent off from the sea. But submarine threats, and the difficulty of countering them, increased substantially for the United States and its allies during the past decade. The Chinese People’s Liberation Army Navy (PLAN) is modernizing its fleet with conventional air-independent propulsion submarines (SSPs) that support its broader sensor and weapon networks. It is also fielding nuclear-powered attack submarines (SSN) and ballistic missile submarines (SSBNs) capable of longer or more distant deployments. New generations of Russian Federation Navy (RFN) SSNs are difficult to track and could be employed for conventional or nuclear strikes during a conflict. Both countries are augmenting their submarine fleets with large autonomous underwater vehicles (AUVs) incorporating submarine like capabilities. Modern submarine technology has also proliferated, with the North Korean and Iranian navies using submarines and AUVs to level the playing field with their larger regional competitors and the United States. Unfortunately, the current US and allied approach to antisubmarine warfare (ASW) is unlikely to cope with the probable scale of undersea threats in a crisis or conflict. US Navy ASW concepts rely on fixed seabed sensors such as the Sound Surveillance System (SOSUS) or Surveillance Towed Array Sensor System (SURTASS) ships to detect and initially track submarines. Multiple maritime patrol aircraft and guided missile destroyers (DDGs) then track each adversary submarine before potentially passing it to an SSN for longerterm surveillance. This approach works when opposing submarines deploy infrequently but is likely to break down during a large-scale submarine deployment or as submarines become quieter and harder to track. When manned platforms and expendables such as sonobuoys or torpedoes run out or are needed elsewhere, ASW operations will necessarily collapse to a defensive strategy protecting high-value targets, instead of suppressing enemy submarine operations closer to the adversary’s waters. This may result in unlocated adversary submarines operating in the open ocean, where they could threaten US and allied shipping and maritime operations.
Topic:
Defense Policy, National Security, Science and Technology, Military Affairs, Maritime, Automation, and Submarines
Political Geography:
China, Asia, North America, and United States of America

5. Designing High-seas Marine Protected Areas to Conserve Blue Carbon Ecosystems: A Climate-essential Development?

Author:
Cameron S. G. Jefferies
Publication Date:
11-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The high seas are a critical biodiversity reservoir and carbon sink. Unfortunately, the oceans, generally, and the high seas, in particular, do not feature prominently in international climate mitigation or climate adaptation efforts. There are, however, signals that ocean conservation is poised to occupy a more significant role in international climate law and policy going forward. This paper argues that improved conservation and sustainable use of high-seas living marine resources are essential developments at the convergence of climate action and ocean governance that should manifest, at least in part, as climate-informed high-seas marine protected areas.
Topic:
Climate Change, Environment, Water, Maritime, and Conservation
Political Geography:
Africa, Europe, Asia, South America, Australia, North America, and Global Focus

6. Contested Seas Maritime Domain Awareness in Northern Europe

Author:
Kathleen H. Hicks
Publication Date:
03-2018
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies
Abstract:
Northern Europe, and specifically the Baltic and Norwegian Seas, has been the site of increasingly provocative and destabilizing Russian actions. The country’s use of a range of military, diplomatic, and economic tools to undermine the North Atlantic Treaty Organization (NATO) and its allies highlights the need to monitor and understand Russian activity. The region is characterized by complex factors like unique geographic features, considerable civilian maritime traffic, the presence of advanced Russian and Western military capabilities, and strategic proximity to Russia and the Kola peninsula, home to the Russian Northern Fleet. While the Norwegian and Baltic Seas do differ in key ways, they are linked by the emerging risk posed by Russia’s long-range strike capabilities. Responding to Russian challenges across the competitive space requires a deep understanding of the Northern European maritime environment. Maritime Domain Awareness (MDA), defined by the United States as the effective understanding of anything associated with the maritime domain that could impact the security, safety, economy, or environment of a nation or region, is an exceptionally broad concept. At its core, MDA has three functions: the collection of raw data, the analysis of that data, and the action of disseminating information to and coordinating among the different components of the framework. In order to provide security in Northern Europe, NATO and its allies must use MDA frameworks to understand and respond to the challenges above, on, and underneath the sea, as well as the surrounding land environment. While some constructive work has been done to address the evolving Russian threat, NATO and its partners must make changes to their current MDA capabilities to evolve alongside with it. Russia presents three challenges of particular concern to the MDA efforts in Northern Europe: maritime hybrid warfare, electronic and cyber warfare capabilities, and long-range strike systems. Maritime Hybrid Warfare—The Russian military is experienced and effective in its use of hybrid warfare, seen in Syria, Crimea, and Northern Europe. The ambiguity possible in the maritime domain lends itself well to this strategy. Russia uses three specific approaches in this realm: deception through different types of vessels including civilian ships, deniable forces like the amphibious and light infantry that easily navigate the complex Baltic and Norwegian Seas, and the country’s well-developed and diverse force for seabed warfare. Cyber and Electronic Warfare—Russia’s advanced EW capabilities have the potential to hinder information gathering and dissemination methods, which are both vital functions of MDA. These capabilities are challenging for military personnel but potentially devastating in civilian contexts, especially as civilian networks and technology (like GPS) are far less secure. Long-Range Strike Capabilities—New challenges for NATO and Northern European partners have emerged with Russia’s development of a long-range precision strike complex. The weapons, now being mounted on new and existing Russian naval vessels, give these vessels the option to stay in the Barents or White Seas and strike targets across Northern Europe. This, combined with air force capabilities based on the Kola Peninsula and in Kaliningrad, presents threats unlike any seen by NATO before. These capabilities require NATO and its partners to use MDA frameworks to monitor launch platforms across the domain. The modern history of MDA begins in the United States, with Homeland Security Presidential Directive – 13 (HSPD-13) / National Security Presidential Directive – 41 (NSPD-41) issued in 2004 by President George W. Bush. The document lays out core interests for the United States to enhance security in the maritime domain and creates a cooperative framework to support MDA operations across different spheres. At the same time, the European concept of maritime security awareness was built upon the U.S. definition of the challenge, placed within the context of rising illicit traffic in the Mediterranean. A weakness of the original MDA and Maritime Situational Awareness (MSA) concepts is that many of the associated capabilities and frameworks are focused on civil maritime issues. Given the global proliferation of advanced military capabilities, like antiship cruise missiles, NATO and its partners require a holistic understanding of the maritime environment that focuses on everything from civil maritime actions to high-end military operations and even issues associated with the maritime environment. A key implication of the heightened maritime threat environment is the need to improve the integration of and attention to undersea aspects of MDA. Antisubmarine warfare (ASW), a traditional strength of Western naval intelligence and operations, has atrophied since the end of the Cold War. Today, Russian submarines with conventional long-range missiles pose a threat to NATO. ASW must be integrated with MDA to address these concerns. Comprehensive understanding of the undersea realm should extend beyond ASW. Russia’s amphibious special forces and combat swimmers threaten more than just military targets, including civilian vessels and undersea cables, which are an integral part of MDA. ASW technology can be useful in countering these and other threats. In the Norwegian Sea, the biggest challenge for NATO is detecting advanced ultra-quiet submarines. This issue is sharpened by dramatically depleted stockpiles of sonobuoys, a constant need for increasingly advanced sonobuoy technology, and an American unwillingness to share highly classified information about the undersea domain. NATO would benefit from an apparatus like the ASW Operations Centers (ASWOC), used most prominently during the Cold War to streamline ASW operations. Integration of platforms is a challenge in the Baltic Sea as well, largely because Sweden and Finland are not NATO states, making data sharing challenging. Frameworks like Sea Surveillance Co-Operation Baltic Sea (SUCBAS) and the Maritime Surveillance (MARSUR) project facilitate the work of regional states to address these issues but more must be done. Additionally, NATO monitoring of the Baltic region is largely domain specific and suffers from not examining the maritime domain holistically. The alliance and its partners should also act to focus on resiliency to continue to operate in the face of jamming and nonkinetic attacks from Russia. The key to enhancing MDA capabilities in Northern Europe is the integration of frameworks across the maritime domain. Cooperation between NATO states and allies is vital to understanding the complex environment. The CSIS study team has identified seven recommendations of particular importance: Create a Baltic Sea MDA analytic center at the Baltic Maritime Component Command (BMCC) at Rostock, Germany; Empower a small analytic team at the BMCC to focus on maritime hybrid issues; Develop a training course for military intelligence officers on best practices for Baltic Sea MDA analysis; Create a classified Baltic Sea data environment that can incorporate both NATO and partner states; Develop a multinational operational framework for the Baltic Sea; Integrate subsurface sensors and antisubmarine warfare into a comprehensive MDA framework; and Acquire significant stockpiles of advanced sonobuoys and associated acoustic processing systems. These priority recommendations are presented in detail in Chapter 4 of the report, along with others. Collectively, their implication would markedly enhance security in Northern Europe by closing identified gaps and ensuring capabilities for collection, analysis, and action in MDA.
Topic:
Defense Policy, NATO, Regional Cooperation, Military Strategy, and Maritime
Political Geography:
Russia, United States, Europe, North Atlantic, North America, Western Europe, Baltic Sea, and Norwegian Seas

7. Enhancing the U.S.-Indonesia Strategic Partnership

Author:
Brian Harding and Andreyka Natalegawa
Publication Date:
07-2018
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies
Abstract:
The United States and Indonesia are natural partners. Despite our geographic distance, we have striking similarities. We are large, diverse, and democratic societies. We both seek an international order in the Indo-Pacific region based on rules that enable all countries to have a voice. Our shores each span two oceans, imbuing our countries with a deep maritime heritage and culture that shapes how we approach the world. When each plays its natural role as a leader in regional affairs, both parties benefit. In recognition of the great mutual benefit that a close U.S.-Indonesia partnership could bring, Presidents Barack Obama and Susilo Bambang Yudhoyono launched a comprehensive partnership in 2010 to build closer government-government, economic, and people-people ties between our two countries. Critically, the agreement created a framework for collaboration across a multitude of government departments and ministries under a joint commission co-chaired by the U.S. secretary of state and the Indonesian minister of foreign affairs. In 2016, under President Joko Widodo (Jokowi), the comprehensive partnership was elevated into a strategic partnership, further signaling the relationship’s importance to both countries. Yet despite having many common interests and recent high-level efforts to push the relationship forward, U.S.-Indonesia relations are not meeting their potential. Bilateral economic interaction is limited compared to the size of our economies. Official interaction is often bureaucratic and rarely strategic. And people-people relations, including of education exchanges, are minuscule considering that Indonesia and the United States are the third- and fourth-most-populated countries in the world. President Donald Trump’s political ascent has also created additional headwinds for U.S.-Indonesia relations. Candidate-Trump’s statements regarding the Muslim world caused unease in Indonesia and his policies as president toward Israel and Palestine have damaged Indonesian views of the United States. In Asia, the Trump administration’s framing of great-power competition with China and the administration’s nontraditional economic statecraft have created uncertainty in Jakarta. From Washington’s perspective, the Jokowi administration’s relative disinterest in playing a leading role in the Association of Southeast Asian Nations (ASEAN) and in the broader Indo-Pacific region has dampened enthusiasm in some quarters for investing in the relationship. Recognizing the importance of both the U.S.-Indonesia relationship and its continued underperformance, on May 3, 2018, the CSIS Southeast Asia Program convened a first annual bilateral, track 1.5 strategic dialogue in Washington, D.C., to inject new momentum into the relationship and to begin building deeper connectivity between policy experts in the two countries. This report outlines conclusions and recommendations that surfaced during the dialogue. However, the report reflects the opinions of the authors, and does not necessarily reflect those of the dialogue participants.
Topic:
International Cooperation, Culture, Maritime, and Economic Cooperation
Political Geography:
United States, Indonesia, North America, and Indo-Pacific

8. Documents on Canadian Arctic Maritime Sovereignty

Author:
Adam Lajeunesse
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
Centre for Military, Security and Strategic Studies
Abstract:
In September 1985, Secretary of State for External Affairs Joe Clark announced to the House of Commons the establishment of straight baselines around the Arctic Archipelago, defining those straits and passages within as historic internal waters of Canada and under full national sovereignty.1 “The policy of this government is to maintain the natural unity of the Canadian Arctic archipelago” Clark declared, “and to preserve Canada’s sovereignty over land, sea, and ice undiminished and undivided.” (Document 68). This was the first time Canada had delineated its Arctic maritime space, clearly defining in legislation those waters over which it had sovereignty. It was an important clarification, as Canada had claimed and exercised sovereignty for decades without ever stating with precision where that sovereignty began and ended. In the assertion of sovereignty, precision is important. As the American geographer Isaiah Bowman once said, a boundary line “has to be here, not hereabouts.” While this definition was an important clarification it did not fundamentally change the Canadian approach to its Arctic waters. In making this announcement Clark was not staking a claim, rather he was making official what Canada had long assumed and practiced. In so doing, he marked the culmination of decades of political and legal discussions, negotiations, and debate. It was the logical conclusion to a lengthy political and legal evolution, by which Canadian sovereignty came to be defined and asserted in the way that it ultimately was in 1986. This volume is a documentary history, charting the evolution of Canada’s Arctic maritime sovereignty through government memoranda, notes, communiqués, and other primary source material. In so doing, it offers as unfiltered a look as possible at the political thinking, legal analysis, and international discussions that defined Canadian Arctic policy during its formative period. The material included is necessarily limited and selective – drawn from tens of thousands of pages of archival documents on the subject. These documents were included for several reasons: some are important government studies which shaped policy making, some are records of discussions or communications which illuminate important decisions, while others were selected for the context they provide at key moments in Canadian policy making. The period covered in this compendium stretches from 1950 to 1988 and is, in some respects, artificial. Canadian policy makers certainly considered the question of Arctic maritime sovereignty in the years before 1950, but it was never a pressing consideration, nor was any real policy formed. To reproduce material from this period would also be redundant, duplicating as it inevitably would the thorough collection compiled by Janice Cavell in her 2016 Documents on Canadian External Relations volume on Arctic sovereignty and P. Whitney Lackenbauer and Peter Kikkert’s excellent volume in the DCASS series. This volume has also avoided reproducing material in Whitney lackenbauer and Peter Kikkert’s 2010 book The Canadian Forces a& Arctic Sovereignty, which examines armed forces documents on this subject. This volume ends in 1988, not because the Mulroney government’s declaration of straight baselines – and the Canada-US negotiations which followed – ended discussion on the matter but because, by that point, the internal Canadian debate over the precise nature and extent of Canada’s claim had been settled. Documents 69-74 extend this volume to 1988 to provide some insight into how Canada’s new policy was received both internally and internationally. From a logistical perspective, documentary material on this subject also becomes nearly impossible to secure after this date – even through the Access to Information Act, the vehicle by which the lion’s share of this collection was secured.5 The focus of this volume is on Canadian government material; however, certain key documents from the United States National Archives and Records Administration (College Park, MD) and the Foreign Relations of the United States6 series have also been included. This American material provides context to Canada’s decision making and offers researchers a glimpse at how crucial Canadian policy initiatives were received by the country’s most important partner – and sometimes opponent – in this field. Ultimately, the purpose of the Documents on Canadian Sovereignty and Security is to facilitate new research and new interpretations which can add to, improve, and challenge the existing literature. This collection should provide academics, students, and policy makers with the research foundation to launch new inquiries into the field. Undergraduate students can use this collection as a substitute for extensive primary research, while graduate students and scholars can employ it as a ready jumping off point to undertake more thorough archival work.
Topic:
Nationalism, Sovereignty, and Maritime
Political Geography:
Canada, North America, Atlantic Ocean, and Pacific Ocean

9. Flood Risk Mapping in Canada: Moving Forward on a National Priority

Author:
Daniel Henstra and Jason Thistlethwaite
Publication Date:
10-2018
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
To improve public awareness of flood risk and meet its commitment to the United Nations Sendai Framework on Disaster Risk Reduction, Canada must develop up-to-date flood risk maps and make them publicly available. Effective flood maps improve risk perception, ensure information is accessible and stimulate risk reduction. Good flood maps provide: information to personalize the experience of flooding; local and historical context; a legend; legible flood extents; definitions of scientific and technical terminology; transparency on uncertainty and limitations; data on all forms of flooding; and risk reduction advice. Until a more coordinated map development process can occur, the Government of Canada should create a national online repository where existing maps are collected and made publicly accessible.
Topic:
Science and Technology, United Nations, Natural Disasters, Maritime, Flood, and Maping
Political Geography:
Canada and North America

10. NATO-EU maritime cooperation: for what strategic effect?

Author:
Stefano Marcuzzi
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
NATO Defense College
Abstract:
EU-NATO maritime cooperation is essential to a co- ordinated response to a variety of Mediterranean is- sues, including terrorist threats, the protracted conflicts in the Middle East and North Africa (MENA), and the refugee emergency. The EU’s Operation EUNAV- FOR Med Sophia is deployed in the Southern-Central Mediterranean, whilst NATO’s Operation Sea Guard- ian operates in the whole Mediterranean basin. NATO also launched a new activity in the Aegean in 2016. Although each operation has its own mandate, their coordination was defined as crucial in the 2016 Joint Declaration on EU-NATO cooperation. At a tactical level, these operations have by and large been successful in enhancing situational awareness in the Mediterranean; monitoring migration networks; constraining the activity of human and arms smug- glers on the high seas; and to a degree in providing as- sistance to migrants. However, they also face strategic challenges, including the failure to dismantle the smug- glers’ networks, their relatively low deterrent effect, and a limited degree of inter-institutional cooperation.
Topic:
NATO, Diplomacy, Regional Cooperation, European Union, and Maritime
Political Geography:
Europe, North Atlantic, and North America