Columns/Op-Eds, In the News, Politics / Globalisation

Why Kejriwal is now India’s Mr 5%

Published: 21:51 GMT, 16 April 2014 , Mail Online India, Mail Today

Original link is here

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AAP convener Arvind Kejriwal cannot succeed in politics if India thrives

Borrowing the term for former Pakistani President Asif Ali Zardari, India now has its own 5% man – Arvind Kejriwal.

While both are products of abysmal government failure, this is where the similarity ends. Zardari was nicknamed Mr 10% for the percentage of (alleged) kickbacks he received on government deals. In that sense he was a mirror who reflected the reality of the failure of governance in Pakistan.

Kejriwal is Mr 5% for completely different reasons. He is the intersection of hysteria and despair, born of a less than 5% Indian GDP growth rate in recent times.

If the irresponsible economics he so loves is the cause of India’s failures, his popularity and agitprop politics is the effect of that failure. He is the cause and effect – the ultimate symbol of the patriarchy that permeates existing models of development, and the concomitant despair that epitomises the failure of the social contract between India’s citizens and their government.

Discontent

India’s economic growth rate over the last year and more has dipped sharply. With a fast-growing and largely poor population, growth below 5% is punishing. It means that job creation cannot match demand. It means government revenues dry up and even basic public services become difficult to deliver.

Indeed the effects of each percentage point decline in India’s growth are felt the most by those who are at the bottom of the socio-economic pyramid, an effect of two decades of highly skewed growth.

Over the last decade, revenue spending based initiatives of the UPA such as the MNREGA kept the aspirations of those at the bottom of the pyramid on hold. However, such schemes have not delivered real jobs, real skills, real productivity or even a robust form of social security that enhances livelihood prospects.

A burgeoning fiscal deficit has necessitated spending cuts across various arms of the Government, and has resulted in even slower capital creation within the Indian economy. The net effect is now hopelessness of a new kind, one that stems from being denied all that was within reach.

More…
Kejriwal asks people not to call him ‘Bhagauda’… but admits quitting as Delhi CM was ‘a mistake’
Kejriwal and Rajnath court Muslim clerics in UP
WHIPLASH: Kejriwal’s poll campaign is pure theatrics

Fuelled by this sense of loss and vulnerability, high levels of social discontent have given rise to Arvind Kejriwal and his motley crew of social engineers, lawyers, journalists, bankers and others, each a product of the times of 8% plus GDP growth rate, who have capitalised on the anger and restlessness of the masses to create a political platform.

Mr 5% and his party are products of the misrule rather than any organic political impulse. While the failures of the Congress-led UPA, has allowed Kejriwal to find numbers for his rallies, the lack of political leadership and understanding of the cross-cutting social ferment, has become his party’s Achilles heel.

The UPA Government’s falling back upon small, non-executive bodies and individuals that controlled the actions of the Prime Minister’s Office and other functionaries should have provided Kejriwal with a good lesson on the effects of a dissipated leadership.

The National Advisory Council (NAC), set up in 2004 to implement the National Common Minimum Program became the rather nebulous command and control centre of the Government of India.

Failure

The NAC failed miserably on two counts – first it was fiscally irresponsible and did not create sustainable programmes, instead depending on perpetual handouts by the government.

On the other hand, its rights-based agenda, completely ignored the acute enforcement and delivery deficit that plagues India.

Is it any surprise then that fringes of the same cast, who pushed 10 years of failed policies, completely divorced from fiscal responsibility or pragmatism, have now migrated to a political movement that brooks no criticism, stifles any opposition, provides no solutions except blaming everybody else and refuses to take responsibility for its own actions?

While some of Kejriwal’s former mentors are left sulking – Anna Hazare, Aruna Roy and Harsh Mander – others like Yogendra Yadav have found a new lease of life.

Riding on a wave of failure and despair, the Aam Aadmi Party (AAP) has found support without ever feeling the need to articulate an agenda beyond fighting corruption and running a movement where conspiracy theories, slander and an acute persecution complex substitute for any meaningful governance agenda.

Volatility

Riding failure however comes at a price. If the BJP riding the religion wave has to target minorities, the BSP riding the Dalit wave has to target other castes. Riding the failure wave means you have to target success in its entirety, any manifestation of prosperity and wellbeing have to be brought in the crosshairs and shot down – after all misery loves company.

Here Mr 5% plays identity politics of a particularly insidious kind, pitting the ‘haves’ and ‘have nots.’ One need not be a great proponent of psephology or sociology to know that in such stark circumstances, anger and restiveness can very easily be targeted against those who are part of the mainstream economic growth.

If the economic right talks of expanding the “pie”, socialists talk of distributing the “pie” equitably. The response of Kejriwal and his aides is to do neither – they attack ‘pie’ expansion and refuse to give any practical solutions for ‘pie’ distribution. They state the obvious but offer no practical solutions.

How can they? After all AAP and failure have a deeply symbiotic relationship. That Kerjiwal’s 5% revolution is structurally weak, is evident from the weekly swings in its (perceived) popular support. These swings also reflect the current volatility of the Indian economy. All he has done is link his political fortunes inversely to India’s fortunes.

For Kejriwal to succeed, India must fail, for India to succeed, Kejriwal must fail. Should India achieve a 7% growth rate Kejriwal becomes a paragraph, at 8% a footnote and at 9% not even a comma in a history book.

The writer is Senior Fellow at the Observer Research Foundation.

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In the News, Non-Traditional Security

Reframing the Cyber Governance Debate for India

Seminar Magazine, Monthly Symposium, March 2014

Original link is here

THE Snowden affair and the vocal debate on surveillance and cyber espionage have redefined the mostly benign and attractive imagination of the Internet. This medium, which has connected the world like never before, is now witnessing a growing contest among nations. If not addressed and managed, a divisive debate on the control and management of the digital global commons, could not only undermine the huge gains that have accrued from interconnectedness, but might well become a basis for conflict and instability in the real world.

The stakes are high. The idea of the ‘global village’, the efforts to create a global economy and emerging global digital marketplace, are all likely to be impacted if nations and communities do not find it within themselves to agree to norms and laws that would apply to this realm. The process of discovering the ‘rules for the road’ is highly contentious. Not only is an ‘international digital treaty’ unlikely in the near future, the world cannot even agree to who should be negotiating such an arrangement. Yet, this debate must take place with earnestness if common ground is to be discovered at the earliest.

It is crucial to strengthen such a debate, to bring together perspectives from a range of countries and sectors on key facets of the digital discourse – ranging from national priorities and strategies to international treaty frameworks, the role of the private sector to issues such as individual privacy and freedom of expression.

At the outset, we must ponder over some larger issues that are shaping the current global and domestic conversations and inquiries in the digital domain. These can be broadly captured within a few meta-narratives, also key to discerning how a digital India develops, how a vibrant digital society governs itself, and how India must seek to interact with the world in this digital century.

The first narrative is one of development and security. It is a debate on how we create policies and conditions that would allow for the rapid development and spread of cyber infrastructure in the country. On how we could develop tariff and cost regimes that would allow and encourage people to connect to and with it. On the variety of social and economic activities we seek to conduct over the medium and, therefore, the nature and form of regulation and security that must align these networks.

Our decisions on some of these would affect pricing and business models, the rate of penetration and growth of connectivity, our approach to intellectual property rights, and the nature of access available on the Internet to those residing in different economic and social classes. In a number of recent statements and policy pronouncements, the Government of India has indicated its preference to use the digital medium as a means of delivering governance and social services to its citizens. Cash transfers, correspondence and approvals, banking and insurance, health and education services, are all likely to ride on the digital last mile. Therefore, ‘digital access to all’ must be a national imperative.

India’s experience with the telecommunication sector tells us that ‘access’ closely follows ‘price of service’ and proliferation of the Internet and IT infrastructure would be dependent on ‘price points’ that are unprecedented. Connecting ‘another billion’ citizens to the Internet in the coming decade or two would, therefore, be influenced by business models, tariff regimes, content generation and entrepreneurship at the proverbial ‘bottom of the pyramid’.

India’s contemporary experience with Internet services also demonstrates that penetration growth is a function of services and content that is offered to the user. It is an open secret that pirated movies, music and entertainment content are significant drivers of Internet penetration. Alongside, applications that assist farmers and SMEs and offer health services and a variety of education and skills also encourage users to connect to the Internet. Content generation, for the potentially huge Indian user base, offers great opportunity with its unique price specificity.

This discussion invariably throws up some interesting posers. While it would be impossible to capture all of them, a few merit attention. The first must be the fundamental tension between the affordability of service and best in class technology and security. We need to achieve both, as business, governance and social security would ride on this medium. The other would be the approach to content generation and intellectual property rights. While India must seek to encourage low cost content creation that caters to its myriad needs, can this be done while it allows (though weak IPR regimes) pirated material that is so essential to rapid proliferation of the Internet? We must ask how much regulation and legislation is ideal before it encroaches on the fluid nature of the Internet, a feature that makes the medium attractive in the first instance. Finally, given the degree of global interconnectedness, would India be able to make these decisions independent of external pressures and global conventions?

This brings us to the second narrative – India’s engagement with the world on Internet governance and cyber security. This engagement will have a compelling impact on its domestic socio-economic development and on its ability to secure prosperity for its people from the digital marketplace.

India is one of the biggest beneficiaries of the IT and communications revolution with roughly 25% of India’s GDP growth over the past two decades having been created in the IT and ITES sector. There is little doubt that a larger share of India’s future growth will originate from or be dependent on this digital medium. Therefore, India must be at the Internet governance high table when agreement is reached on managing this most vital global commons. Would India shed the reticence, characteristic of its 20th century approach to multilateralism and reimagine itself as part of the ‘global management’ with attendant responsibility and rights? Or will the perceived virtuosity of nonalignment continue to see India lead the global outliers and minority stakeholders in this global governance debate?

How this unfolds will be crucial. Will India be oppositional, critiquing the major powers for their unilateralism and interest based approaches, or will India be propositional and articulate its own interests and negotiate the space and role that it must have, representing as it would (in the days ahead) the largest bloc of Internet users from a largely liberal and vibrantly democratic nation?

It must also be understood that while the world sees a significant role for India at this juncture on Internet governance and security, it will not wait beyond a point. The major powers – US, Russia, China and EU – are all engaging and negotiating the rules for the road with each other and with a larger group of nations. India is a party at some of these conversations and not at others. Trade talks, climate negotiations and other multilateral experiences tell us that ‘democracy’ within global governance is inefficient and overrated. The relative success of TRIPS and FTAs over a global trading arrangement and the predominance of the arms control architecture of the 20th century, devised between the US and Soviet Union, are all indicative of how a future Internet governance arrangement may emerge. Will it be an arrangement shaped by the conversations among the ’Big 3’ (Russia, China and the US), or will it be relatively more inclusive and take into account perspectives from a larger set of countries? Will there be a ‘gridlock’ or will these countries manage to agree to sets of norms that will allow the Internet to remain a global commons? Any which way India would need to find the means and resources to be an effective contributor to any new arrangement and find its place on the high table.

This discussion on global governance leads us to the third meta-narrative that engages most thinkers and practitioners today – who should engage on the subject and with whom? Unlike arms control treaties such as SALT and the NPT, trade treaties such as GATT and the WTO, or international treaties in force or being negotiated such as the space code and laws of the seas, the Internet involves and affects each one of us individually more than it does states. Each one of us is a contributor and beneficiary, and each one of our actions has the ability to influence the entire cyber sphere.

Therefore, the central question that arises is whether the ‘nation state’ is the most inclusive and efficient interlocutor on Internet governance and cyber security? This leads to discussions on the tension between multi-stakeholderism (the participation of individuals, academics, citizen groups and non-governmental organizations in the debate) against multilateralism (a largely state to state debate that characterized the architecture of the 20th century). Can they coexist? Can they be aligned constructively? And if so, how?

For instance, should a nation state conduct an internal debate within itself, create a domestic consensus, and (only) then represent this multi-stakeholder proposition at the global forums? Alternatively, should various stakeholders communicate with each other across national boundaries and at international arenas? The former is somewhat more ordered while the latter is far more cumbersome but also more democratic. This issue currently sees different treatment in different countries. More developed democracies see merit in letting their NGOs and corporations into the debate and are in fact clever in using these voices in order to secure national interest. Other countries including India are far more reluctant to include corporations and citizens in governance conversations. While we can debate how best to include views and voices from the private sector and the private citizen, there is no doubt that security and stability of the Internet would be largely dependent on the participation of all stakeholders, particularly the private sector that owns and operates cyber infrastructure.

This brings us to the fourth issue that must be debated in detail – the role of the private sector. On one hand they are the primary service providers and owners of much of the critical infrastructure; on the other they have a sizable vested interest. How may one give the private sector weight in Internet governance decisions without shifting the balance of the narrative away from the users and governments will be a central enquiry of our times.

Banks, for example, want a secure and heavily regulated Internet, which would allow them both reach of this medium and keep transactions safe and secure. Security companies would want to perpetuate a certain appreciation of the Internet architecture that maximizes their ability to leverage the Internet as a business opportunity. On the other hand a plethora of companies, start-ups and SMEs, that see immense opportunity in the fluidity and reach of the Internet, would like to see cyberspace remain loosely regulated, open and free.

What then is the private sector voice to heed? Indeed, should they be on the table or should we be guarded in our approach as we include them in the debate? Balancing private sector participation in governance decisions, while protecting the interests of small companies and individuals, will be a key consideration for most governments.

Engaging with these four ‘big issues’ is vital. It is even more important for countries like India where the infrastructure and business models are still being developed. There are no clear and globally acceptable positions and propositions that have emerged. And most questions still remain unanswered. Let us look at two sets of questions that would be most critical to any global and domestic policy arrangement.

First, how do we reconcile sovereign constitutional positions on issues such as freedom of expression, free speech, political jurisdiction and state capacity and intervention to arrive at a formulation that works across a medium that is not restricted by territoriality and borders? Is this achievable? And in the absence of such ‘universalism’, do we face the prospect of the world, as discussed earlier, being railroaded down a path decided by a few?

The second, more fundamental question emanates from the rapid evolution of the digital sphere. This is bringing into question traditional laws, norms, means of communication andmodes of trade and commerce. The fundamental assumptions of the previous era are being challenged and changed by the digital (dis)order. Would we now be required to develop legal frameworks sui generis to accommodate new realities? Will nations have to become far more tolerant of expression than their individual constitutions allow? Will notions of extraterritoriality, jurisdiction and sovereignty have to be radically re-imagined? Or will an obstinate defence of the old paradigm lead to a polarization of the web, in effect turning the world wide web into the world divide web, where traditions and ossified power structures lead to a balkanization of the cyber-whole? Then, will the future of the web be one of multiple gateways and access points?

This possibility already looms. The great firewall of China seems more or less effective. Despite some breaches it has succeeded in ‘islanding’ China and given authorities the ability to clamp down quickly and efficiently. Digital China, therefore, engages with the outside world on a ‘need to’ and ‘convenient to’ basis. Is that the future of the Internet then? Or can we recast some of the global assumptions that have defined the realist world of the 20th century to accommodate the digital world of the 21st century? Is a new United Nations of digital media possible? Who would be in its General Assembly and who in its Security Council? Or would the very use of the word ‘nation’ doom it to be stillborn?

This issue of Seminar does not offer all the answers, but it does raise a series of questions and provides analysis that will allow us all to engage more deeply with this most important element of our contemporary lives.

SAMIR SARAN

* Several papers in this issue were presented and discussed at ‘CyFy 2013’ – The India Conference on Cyber Security and Internet Governance’ – hosted by the Observer Research Foundation and Federation of Indian Chambers of Commerce and Industry.

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Columns/Op-Eds, In the News, Uncategorized

Slander, abuse and hypocrisy: India has all democracy’s gifts now

PUBLISHED: 23:09 GMT, 5 March 2014 | UPDATED: 23:09 GMT, 5 March 2014, DailyMail

Original link is here

I have never been happier being an Indian, and never have I wanted to celebrate my Indian-ness more.

As democracy deepens, it liberates deeply. I can slander, I can abuse, I can defile and I can defame; no court system will catch me, no editor will moderate me, no news media will deny me space.

I am carefree in my abuse; I am careless in my accusations. I live in the gutter and I look down on the world. I love being an Indian.

India
“Being poor is my calling card, and poverty is my vote bank” (File picture, Kolkata)

Abuse

I can abuse the republic, I can abuse my currency, and I can abuse the founding fathers that built this nation. I can murder, plunder, kill and slaughter in broad daylight. The courts will forgive me, the executive will release me, and the country will probably celebrate me. I love being an Indian.

I don’t have to watch debates. In fact I don’t even need to allow debates. Debates are overrated. And if by chance there is some instance of a debate that overtakes me, I can either switch off the television or even better, stop the broadcast of the TV channel. I have a powerful remote control. I love being an Indian.

I embrace all religions. I use the Muslims for the votes they give me. I use the Christians for the schools they offer me. I use the Sikhs for fields of wheat they till. Minorities are manageable. Even my symbolism is selective as my incentives are effective. I love being a Hindu, a secularist, part of the overwhelming majority. I love being an Indian.

It is that thrilling season for bashing up billionaires, wealth creators and innovators. Entrepreneurs are indeed evil, corporates are the devil’s workshop and profits are the preserve of Sodom and Gomorrah. Let’s get rid of 20 years of development; let’s go back to the ’70s. I love being an Indian.

I am sympathetic to gender issues. On television, I argue for greater sensitivity, but in dark alleys, lounges and bazaars, I grope and feel my way around. In elevators I may even assault, and blame it on a right-wing conspiracy. I am thoughtful to the extent that I proscribe how the women dress and decide what they wear. I am the modern caring Indian man. I love being an Indian.

I am a global citizen. I understand the black man and the white man like no one else, and being brown allows me to be fair to both. Hence, I can describe the black man as a drug peddler and the white woman as lacking in virtue. The rule of law does not apply, as long as my bigotry is in the majority – at least within the lynch mob that always seems to follow me. I love being an Indian.

I am honest in my appraisal of diversity. I appreciate people by describing them as “chinky” or “kaaley” or “madraasi,” knowing all about their congenital group vices. I even allow them freedom and space, but outside my locality. I can thump my chest knowing that I am part of a tolerant diverse society. The world loves me and I love being an Indian.

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Congress party activists celebrate the launch of the Mars Orbiter Mission (file picture)

Poverty

Being poor is my calling card and poverty is my vote bank. I love policies that make everyone poor – bringing down economic growth and raising cost of commodities has added large numbers to this tribe. Spreading misery gets me votes, and I’ve been so successful at it over these last ten years that I believe I am in contention for another ten years. I love being an Indian.

I am the new age Casanova. I can love like no one else and even romance without any need for a response from her. I can use the state apparatus to woo her. Deploy public cameras to keep her safe, request the police to track her phone and then even to drive her home. I am the new age Lothario and I love being an Indian.

I have the world’s longest written constitution. I can legislate sexuality, allow pulping of books I dislike, and the burning of paintings I find offensive. These after all, are pursuits of a bunch of small deviants. Even the courts concur with me that these handful of outliers cannot seek to be part of the grand Indian civilisation. I love being an Indian.

I show great consistency on International law. I expect other nations to respect my interpretation of global conventions in their territory, when my diplomats and citizens are under investigation. Likewise I also demand the jurisdiction of my law, when I investigate officials of other countries in my territory …and also the high seas. I am fair and predictable. I love being an Indian.

I am the world’s largest inclusive democracy and I embrace everyone – murderers, thugs and bandits – and give them a second chance at life at the temple of democracy, where the work is mostly notional. I am in attendance for 60 days out of 265 at best, and when I do sit down to work, I have a whale of a time screaming, shouting and pepper spraying.

I love my celebrity status without the indignity of a screen test. The press loves to engage with me and when I don’t know what to say – TV anchors fill in the blanks for me. I love being an Indian.

Failure

I can be a mediocre bureaucrat, a banal banker, a tired general who just couldn’t get a service extension, or the unsuccessful captain of an extinct airline, an unknown anchor or a pedantic advocate. My failings are celebrated and I can even generate a political movement fuelled by the power of failure.

I can then propagate the madness of the ‘mohallas’, prejudices of the ‘khaps’ and biases within each of us. I strike a chord, as I am generous with all that isn’t mine, and for that I am loved.

I love being an Indian.

The writer is Senior Fellow at Observer Research Foundation

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In the News, Non-Traditional Security

Fledgling anti-corruption party puts wind up India’s old order

Original link is here

Nicola Smith, Delhi Published: 23 February 2014

Shazia Ilmi, a former TV presenter, says the nation has had enough (Hindustan Times)
Shazia Ilmi, a former TV presenter, says the nation has had enough (Hindustan Times)

A NEW anti-corruption movement threatens to disrupt India’s mainstream political parties in May’s general election by tapping into the urban middle class’s weariness with fraud and nepotism.

The Aam Aadmi, or Common Man party (AAP), was formed only in November 2012 but up to 50,000 supporters are expected to flock to a rally with which it is kicking off its election campaign in Haryana, near Delhi, today.

Shazia Ilmi, a member of the party’s national executive, claimed last week that it was already a “game changer” in Indian politics.

“The AAP is making waves and capturing people’s imagination,” she said.

Ilmi, 43, a former presenter with Star News, is typical of the well-educated urban Indians who are turning to the party as an alternative to Congress and the Bharatiya Janata party (BJP), which have both become watchwords for corruption, nepotism and inefficiency.

“Every time I read about [political] scams I felt that we as a nation are being taken for a ride,” said Ilmi, who has become a poster girl for the new party and is considering running for a seat in Delhi.

Explaining why she had joined the AAP, she said: “I felt enough is enough, I’m going to jump in.”

The party is banking on the votes of the aspirational middle classes whose hopes are regularly thwarted by corruption and bureaucracy.

“We’re talking about some very serious issues which other parties aren’t — how pricing is done, how policy-making is done, why there should be transparency,” she said.

“We’re questioning crony capitalism, which no other parties are. So we stand out.”

Fighting corruption in politics lay at the heart of all the party’s policies, she said.

“In India everything is very politicised. We won’t get ahead if we don’t fix this. Everything stems from politics, whether it’s roads or sanitation or education.”

The AAP has received nearly 9,000 applications from prospective candidates over the past six weeks after it announced plans to challenge for more than 350 of the 545 Indian parliamentary seats being contested in May.

Political analysts believe the party is shaking up Indian politics to the point where it poses a serious threat to Narendra Modi, the leader of the opposition BJP, who is the current favourite to become the next prime minister.

The AAP was born on the back of anti-corruption protests in 2012, in which thousands of middle-class Indians took to the streets in support of Kisan “Anna” Hazare, 76, who had gone on a hunger strike in a bid to clean up politics.

Arvind Kejriwal, 45, Hazare’s former protégé, set up the party, which shocked the political classes with a decisive victory in the Delhi elections last December.

Many believe Kejriwal is an astute politician who has gained instant popularity by tapping into the national disillusionment with mainstream politicians. Others dismiss him as an inexperienced rabble-rouser.

After being elected chief minister of Delhi last month, Kejriwal made radio broadcasts urging the public to record corrupt officials secretly with their mobile phones.

He made headlines by sleeping on the streets and resigned after just 49 days in office having failed to see through his promises to cut electricity and water tariffs.

A poll last month by the news magazine India Today found that 38% of voters wanted Kejriwal to be prime minister, second only to the BJP’s Modi.

Samir Saran, a fellow at the Observer Research Foundation, a Delhi think tank, said Kejriwal was “running circles” round the main parties in message and in strategy.

“Modi should be terrified, because assuming the AAP gets 20 or 30 seats, then half of them are going to come from the gains the BJP would have made,” he said.

“Those are gains that could be decisive in whether Modi becomes prime minister.”

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In the News

Divided Asia: Implications For Europe

World Economic Forum on East Asia in Bankok, June 2012
World Economic Forum on East Asia in Bangkok, June 2012.

Asia isn’t interested in Western-style multilateral security institutions or methods, argues Francois Godement. If Europe really wants to increase its influence in the region, it needs to build up its arms trade with Asian states, and thereby play a more central security role in the region.

By Francois Godement for European Council on Foreign Relations (ECFR)

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This Policy Brief was originally published by the European Council on Foreign Relations.

Summary

As China’s economic and military power increases, security in Asia looks set to find a new foundation. With trade integration on the continent growing through the implementation of “mega-FTAs”, relationships between Asian countries are becoming as important as US military guarantees in ensuring that Asia’s amorphous conflicts do not erupt into violence. The US military presence confirms the status quo in the region, but America has done little to resolve the continent’s territorial disputes. Even so, live conflicts are rare. China’s mixture of coercive action and self- control has enabled it to probe its neighbours’ weaknesses while avoiding open warfare. The European approach to Asia is out of step with the continent’s own trends. Asia is not interested in Western imports of multilateral security institutions and international arbitration, and the EU should abandon its efforts to transfer its own post-war solutions to the Asian situation. Instead, it should focus on rewarding compromise and build on its growing arms trade with the region to take a more central security role. As the US switches from a bilateral approach to a regional trade strategy, Europe should follow suit. It should create a value proposition of its own, to match the US-backed Trans Pacific Partnership. Otherwise, it risks losing its chance to increase its access to the region’s opening markets.

When they think about Asia, Europeans often focus solely on China. On the one hand, they see it as an attractive economic juggernaut: European officials, media, and public opinion are increasingly concentrated on the economic opportunities and risks that China presents. On the other hand, however, they see it as a dragon blowing its hot breath on a powder keg that is close to explosion: Asia’s historical disputes, its national rivalries, and its territorial conflicts seem to be growing more serious.

One thing is clear: China is on the rise. It has the largest market potential in Asia and also maintains by far the largest defence budget on the continent. But China must be viewed in its regional context, and in the region, economics are distinct from politics. Commercial integration among Asian economies is increasing, even without an institution like Europe’s single market. Meanwhile, the region’s fragile balance of power is based on historical grudges and rivalries – not all of which are focused on China. The only thing that keeps this precarious situation from erupting is the enduring pre-eminence of the United States as a naval power in the Pacific Ocean.

Europe and Asia have adopted opposite approaches to trade and security co-operation in the region. On trade and economic issues, Europe deals bilaterally with its Asian partners. It has not taken part in region-wide economic initiatives, such as the Asia-Pacific Economic Cooperation forum (APEC) or the Regional Comprehensive Economic Partnership (RCEP) free-trade agreement (FTA) negotiations. Even its negotiations on an FTA with the Association of Southeast Asian Nations (ASEAN) have been suspended. On security, Europe falls back on a well-worn dictum for the region as a whole, advocating a law-based multilateral system that mirrors, if not quite replicates, Europe’s post- war model.

For its part, Asia has in the past relied for its security neither on the kind of multilateral framework put forward by Europe nor on other Western-derived legal tools. Instead, it has largely moved away from a multilateral approach to security. But, on trade and economic issues, it is moving towards a competitive multilateralism: the “spaghetti bowl” of bilateral agreements, which sidelined the World Trade Organization (WTO) and its Doha Round of trade talks, is now giving way to several concurrent regional initiatives.

Europe’s outlook on the region also suffers from a kind of “G2” fixation. It tends to see China and the US as the only important movers in the Asian space, as if other stakeholders had been crowded out of a Pacific that is “large enough for two”, as President Xi Jinping told Barack Obama in June 2013. [1] But what if Asia’s security were to be based on relations between Asian nation-states rather than on US guarantees? Observer Research Foundation Vice President Samir Saran has said that “in the next ten years, the movement and agency in the region will be run for the first time ever by Asia itself”.[2] What if regional trade integration became a game with multiple players, shaped by a competing set of “mega- FTAs”? This commercial form of “minilateralism”, to use the jargon of political scientists, would not look much like the European ideal of collective security built on economic interdependence. And neither would it fit the bilateral approach to trade that Europe has taken since the failure of the WTO’s Doha Round.

This brief will examine the dynamics of Asia’s security landscape and its linkages with economic trends, taking into account historical factors, the current rise of China, and the role of the US, which is still Asia’s most significant external partner. It will consider whether and how Europe can address Asia’s emergent conflicts. It concludes that a “Trans Eurasian Partnership” on trade and investment might be exactly the reset for which Europe and Asia should aim.

The nature of Asia’s security landscape

Europe’s foreign policy and security approach to Asia, although it has given rise to plenty of meetings and statements, is largely underpowered and misdirected. Some EU member states have formulated foreign-policy positions on Asia and maintain security ties with the countries in the region. In spite of the Lisbon Treaty, the EU has far less control over foreign policy and security than it has over trade. So, true European capacity is split between the member states and the EU, with the result that neither the states nor the EU seem to have much control over guiding foreign policy and security.

It is impossible to address the efficacy of the EU’s policy approach to security in Asia without attempting to understand the region’s underlying dynamics. The post-World War II order in the Asia-Pacific region is based on temporary solutions and suspended conflicts rather than on collective or co-operative security, or even on simple confidence-building measures. An American-backed peace has not contributed to a regional settlement on which all parties can agree. Even so, live conflicts in East Asia are scarce. The states in the region avoid taking serious risks that could lead to military action. And the protracted territorial conflicts in the region have more to do with symbolic competition than with the pursuit of any vital economic or strategic goal. National and ideological divides have in fact protected states and regimes that would have fallen apart if they had had to face a democratic peace or regional integration. The overall level of conflict in Asia remains minimal, in inverse relation to the explosion of military budgets and arms procurement across much of the continent. However, the massive military buildup, which includes the acquisition of long-range projection weaponry, has greatly increased the potential for incidents that could escalate into a sudden large-scale conflict.

Many of the continent’s disputes can be explained by Asia’s legacy of unsettled borders and punctilious nationalism. The Western imports of international law and international institutions have failed to address this legacy, dealing poorly with Asia in general and even, at times, sanctioning the division of nations. Most Asians only rely on international law to uphold sovereignty and do not accept the legitimacy of legal resolution of disputes and international arbitration. China is by no means the only country in the region that has made spurious claims to vast maritime spaces, nor is it the only one that has tried to use its past history to legitimise its territorial claims.[3]

The alternation of periods of regional trade co-operation with periods of conflict goes back a long way. As Japanese political scientist Eichi Fujiwara says, “Historically, under the Chinese Ming dynasty there was flourishing maritime trade between Korea, Japan, and China – an early form of regional co-operation. Invasions destroyed this potential.”[4] Others have noted the introduction of nationalism by the West: as National Graduate Institute for Policy Studies Professor Shinichi Kitaoka says, “Before the West entered Asia, the concept of absolute sovereignty did not exist in Asia. The West introduced statehood in the Westphalian sense to Asia, with all the negativity this brought with it.” [5]

It is important to make an accurate assessment of the real threat of conflict. So far, those who have predicted major conflicts have been proved wrong. Asia’s conflicts are dormant volcanoes rather than imminent disasters. Open war, as opposed to minor skirmishes, has not happened in Asia since 1979, the year in which Chinese defence spending took off and began a new shift in the regional power balance.

Insufficient attention has been given to the reasons why conflict does not occur more often. But the implications of Asia’s quarrels and divisions are clear enough. The low level of conflict exists in contradistinction to the rapid expansion of defence budgets and weapons procurement on the continent. Asia accounted for 47 percent of global arms imports in 2012. China’s defence spending has grown by more than 10 percent per year since 1979, with the exceptions of 1998 and 2009. China’s military spending is now more than twice that of its closest competitor, Japan, although Japan’s military spending has increased in 2013 for the first time since 2002. India’s defence budget is consistently rising at a pace of 5 to 8 percent per year. [6] At this rate, with $100 billion of weapon purchases scheduled for the next three years, India’s defence spending will overtake the UK’s in the coming years. South Korea’s defence budget is set to reach $43.3 billion by 2017. [7] By then, it will have overtaken France’s defence spending, which is to be frozen at €31.4 billion for three years starting in 2014.[8]

In all four Asian countries, weapons development is mainly focused on submarines and missiles. Each country is at the moment developing supersonic anti-ship missiles (including the BrahMos, ASM-3, Hyunmoo-3, and DF-21D programmes; China’s DF-21D is hailed as the world’s first ballistic anti-ship missile). These programmes create the potential for sudden conflict escalation. China has installed 60 to 70 advanced DF- 17 or DF-21 nuclear missiles in Qinghai and Tibet, aimed at India. India has planned 15 new airfields and 10 advanced landing grounds to enable it to make an offensive strike deep into Chinese territory. The rise of asymmetrical nuclear forces throughout the region (India–Pakistan, India–China, North Korea–United States), as well as the existence of a virtual nuclear power (Japan) and of two potential nuclear powers (South Korea and Taiwan), create an “arc of unstable deterrence”, according to Fabrice Pothier, Head of Policy Planning at the NATO Secretary-General’s Office.[9]

The alternative to crisis containment is hard to imagine. Could Europe’s past be Asia’s future? Is the continent, as Aaron Friedberg has suggested, destined to endure a period of interstate rivalry – or even war?[10]

The roots of conflict in Asia

The protracted territorial conflicts in the Asia-Pacific region are about much more than the islands and rocks that supply them with pretexts. Even the economic and strategic value of the surrounding maritime space is not the true cause for rivalry. The conflicts are symbolic of a wider competition among Asian nation-states, even though the states are not prepared to take serious risks in the pursuit of this rivalry.

Should Asia’s expanding maritime disputes been seen as the unfortunate consequence of a pre-Westphalian state culture, combined with postcolonial and post-1945 ambiguity towards borders? The travels of the Buddha were not constrained by borders, nor did the sailors and merchants of Asia recognise any national borders before the West’s involvement in the region. Tributary relationships were based on people rather than territory. With few exceptions, neither the Dutch, the Portuguese, the French, nor the British were concerned with delineating sea borders when they left the region.

Much of Asia shares two cultural traits: identity-based or even ethnicity-based nation building, and a lack of the historical guilt usually associated with postcolonial societies. Together, these traits are a dangerous combination: the result is a sort of nationalism without guilt. Only Japan, in spite of its very strong identity, has acquired since 1945 a culture of guilt and of mainstream pacifist discourse, and both these qualities are now being challenged in the country’s public debate. Asian nation-states have been constructed on narratives of humiliation and dispossession. Competing claims over largely empty space are based on previous exploration as a substitute for legal possession, rather than on successful development or on any kind of “civilising mission”. Empires such as Meiji Japan or Qing China and postcolonial nationstates such as Vietnam and Indonesia have also carried out forms of “internal colonisation”, assimilating minorities or neighbouring populations into their space.

Japan is the only Asian state that has carried out its expansion using Western international law as a tool. Its neighbours view Japan’s adherence to Western legal frameworks as a sign of hypocrisy rather than a source of legitimacy. Japan’s pre-1905 acquisitions were not challenged by the victors in 1945, with the exception of Taiwan, which was conquered by force. Japan had also used pan-Asianism as a basis for its territorial expansion, claiming that it was liberating Asia from Western colonialism and setting up a competition with the West. Defeat, occupation, and democracy largely brought an end to Japan’s Asianist ideology, resulting in a tradition of guilt for the post-war generation and explaining the prevalence of pacifism in Japanese public opinion.

Other Asian nations have not experienced the same disillusionment. From Korea to Malaysia to India, a young nationalism emerged as each state claimed equal rights through political or military struggle. Schooled against the West in the anti-colonial era, predisposed against America by communism or Third Way neutralism, this nationalism is now coming home to roost in East Asia, turning one nation against another. The South Asian subcontinent was an early indicator of the trend, as indicated by the endless Indo-Pakistani rivalry that began after partition. And Southeast Asia saw its own confrontation between Indonesia and Malaysia in the 1960s, not to mention the war between Cambodia and Vietnam that began in 1979 and went on for more than a decade. Meanwhile, in China, the end of the revolution has seen a shift from anti-imperialist to nationalist rhetoric. The continuing uncertainty surrounding border delineation, as well as the resurgence of assertive nationalism, has rekindled unresolved territorial disputes.

Western international institutions have no Asian foundation

Western imports of international law and international institutions, from the League of Nations to the United Nations, have not dealt well with Asia. They have even on occasions accepted the division of nations. So, legal resolution of disputes and international arbitration is very unattractive to most Asians.

The region’s modern history shows that conflicts in Asia have rarely, if ever, been resolved by Asian multilateral or legal frameworks. It was Australia and France, not Asia, which came up with a peace settlement for the Cambodian conflict in 1989–1991. East Timor’s independence conflict was solved by a UN intervention, using essentially Western means. The Korean armistice is still sustained today by a UN mandate in which the US plays the leading role. In the South China Sea, the few settlements (Indonesia–Malaysia and Malaysia–Singapore) that have been made between ASEAN members have been bilateral and decided by the International Court of Justice (ICJ). Vietnam and China’s limited border deal, on the land border and the Gulf of Tonkin, was achieved on a bilateral basis. In Northeast Asia, a bilateral deal between Japan and Russia on the Southern Kuriles/Northern Territories seemed possible in 1956 and in 1993. A settlement again seems on the cards after Japanese Prime Minister Shinzo Abe’s visit to Moscow in April 2013, and Japan and Russia signed a defence co-operation agreement, to include naval exercises, on 2 November 2013.[11] The turnaround is remarkable, after decades during which Russia was considered the main threat to Japan’s security. Likewise, on China and India’s disputed borders, only bilateral talks have ever been on the table. The UN Security Council’s Resolution 47 on Kashmir, passed in 1948, has been ignored since it was made. And China will allow no internationalisation of the Taiwan cross-straits issue, with the result that the reality of close economic and human interaction by the People’s Republic of China (PRC) with a strong de facto state has drifted far away from any legal description of the two countries’ relationship. So, the most striking feature of the post-war order in the Asia-Pacific is that it is based more on temporary solutions and suspended conflicts than on collective or co-operative security or on confidence-building measures.

Events in recent years have also evidenced a general unwillingness on the continent to resort to international institutions. Japan does not usually recognise the existence of claims to its territory. However, it announced in August 2012 that it would seek a resolution by the ICJ of the Dokdo/ Takeshima dispute with South Korea.[12]South Korea treated this appeal to international mediation as worse than Japan’s claim on the islands itself. In the words of Hahm Chaibong, President of the Asan Institute for Policy Studies, “in Europe, seeking out a legal solution is seen as a prudent choice. But in Asia, it is an admission of wrongdoing.”[13] If Japan were to go to the ICJ over the Senkaku/Diaoyu issue (as the Philippines has done over the Scarborough Shoal dispute), China would see it as a form of dispute escalation. Divided nations such as Korea or pre-1975 Vietnam have little trust in multilateral institutions or in international law. Taiwan exists outside the international system, although it has the tacit acknowledgement of most of its members. Taiwan’s burst of maritime activism over the Senkaku/Diaoyu dispute with Japan, and over the Spratly/Nansha islands dispute with the Philippines, is a way to become or to stay indispensable in any regional settlement in spite of its formal diplomatic isolation, and to increase its value as a regional “card” in China’s policy. Were Taiwan to give up its claims, China would interpret it as a move away from the Republic of China, the PRC’s partner, towards Taiwanisation of the island. The high-profile position adopted by Taiwanese President Ma Ying-jeou on maritime issues goes hand in hand with improved cross-straits relations, increasing Taiwan’s leverage in the region. Taiwan was even able to conclude a lucrative fishery agreement in April 2013 with Japan, which is concerned about a China–Taiwan alignment on the Senkaku/Diaoyu islands.

International institutions have even at times inadvertently contributed to Asia’s conflicts. The 1982 United Nations Convention on the Law of the Sea (UNCLOS) has considerably raised the stakes by creating an entirely new category of disputes around Exclusive Economic Zones (EEZs) and extended continental shelves. China’s submission to the UN in May 2009 of the famous nine-dotted line, appearing to claim the entire South China Sea, was preceded by an earlier joint submission by Vietnam and Malaysia, themselves driven by the need to respond to an UNCLOS deadline for submitting claims. UNCLOS has also created a worldwide rush to claim extended continental shelves beyond the EEZs, which is now a point of contention in the area surrounding the Ryukyu Islands and Okinawa. UNCLOS, which aims at multilateral dispute resolution and arbitration, has in fact fostered a retreat into bilateral claims and disputes in the area. And it does not offer a formula for delineating maritime boundaries in cases where there are multiple claimants.

China’s regional tactics: maintain ambiguity

“The Middle Kingdom” is at the centre of many of Asia’s potential crises, raising fears of an Asian dragon that could set off a chain reaction that would engulf Asia. But China’s actual strategy is much more refined, a remarkable mix of coercive action and self-control. Indian security expert Srikanth Kondrapalli says that “China behaves multilaterally at the global level, but bilaterally at the regional level”. [14] China’s stated and implied claims are maximalist, which makes them well-suited to future bargaining. For several decades, with the important exception of Vietnam, a fellow socialist country bereft of allies, China has not used direct violence to enforce its territorial claims.

On the other hand, while the Chinese navy has avoided provocative action, paramilitary, law enforcement subsidiaries, and well-organised Chinese trawlers have all raised the Chinese flag over ever-widening areas. In April 2001, a daring fighter pilot collided with a US surveillance plane off the coast of Hainan, dying in the process but forcing the US plane to land. A reportedly drunk Chinese fishing captain (twice) rammed a Japanese customs boat in the contested waters off the Senkaku/Diaoyu in 2010. The captain was arrested and subsequently repatriated to China following a short diplomatic crisis, after which he was immediately forgotten.

Perhaps the closest China has come to armed conflict was the Scarborough Shoal incident in the spring of 2012. The Philippines dispatched a decommissioned US-made frigate against Chinese paramilitary boats and a tense standoff ensued. China blinked, agreeing to pull back its vessels rather than risk escalating the conflict. It has since returned to the region, surrounding the contested atolls in what a Chinese general has aptly called a “Chinese cabbage”: layers of intimidating non-military law enforcement naval agencies that effectively deter any civilian Filipino boat from entering the area. [15]

To some Chinese observers, the Scarborough Shoal incident and its outcome forms a precedent for changing policy on disputes such as the Senkaku/Diaoyu islands. When viewed together with the case of China’s 39-day military patrol inside Indian Kashmir territory, which was followed by a discreet withdrawal, the Scarborough Shoal incident reveals a distinct pattern. China blusters, probes for weaknesses, and runs out the clock, enabled by its perceived geopolitical rise. China’s exploratory manoeuvres at times extend a long way, right up to the farthest borders of China’s “ninedotted line”, as was the case with the incident in March 2013 near Natuna Island in Indonesia’s EEZ.[16] That incident is particularly interesting since Indonesia claimed that it had obtained assurances from China on the area in July 1995. In these limited disputes, China does not fully lose even when it backs down. Instead, it merely reverts to the status quo, having made its point – as it did in 1996 in the Taiwan Strait, when it halted major military exercises after US aircraft carriers appeared in the area.

So far, China has neither engaged nor let itself be engaged in actual conflict. Intimidation alternates with incrementalism, with China often claiming to be simply reacting to an act by the other party. The posture has been described as one of “reactive assertiveness”. [17] It chimes well with China’s selfconceptualisation as a victim. At the moment, China seems to have returned to the stance it took until 2009: never quarrel with more than one neighbour at once. After agreeing to a hotline with Vietnam in June 2013, China signed an agreement in October 2013 that includes joint exploration and peaceful negotiation of maritime disputes. This is not the first time that this has happened – a similar declaration was made in 2011 – but it provides the two countries with a welcome respite from tension, as well as serving to isolate the Philippines. Also in October 2013, President Xi Jinping revived the idea of agreeing a Code of Conduct with ASEAN on territorial issues, and proposed a “maritime Silk Road” in the region.

By staking and enforcing outsized claims, and then lifting the threat of enforcement (if not the actual claims) from some of the parties involved, China effectively sows division between neighbours that are focused on bilateral issues. At the APEC summit in October 2013, Xi opened a new front by calling on Taiwan to open political negotiations and stating that “we cannot hand those problems down from generation to generation”. [18] Meanwhile, incidents with Japan are growing in number, and now involve unmanned Chinese drones and naval manoeuvres in the vicinity of Okinawa.

Other regional actors, on the defensive towards China or locked into their own maritime disputes, have not shown the same self-control and tactical ability. Violence has broken out among China’s smaller neighbours – not including Japan – over fishing areas around what are often “uninhabited and uninhabitable” islets, as former National Security Council adviser Jeffrey Bader described the Senkaku/Diaoyu. [19]

Taiwan’s customs boats, not those of the PRC, have hosed their Japanese counterparts. North Korea, whose aggression towards South Korea and the US-led UN contingent at the Demilitarized Zone (DMZ) has steadily declined since the late 1960s, shot a South Korean tourist in 2008. In 2010, North Korean forces sank a South Korean navy boat, killing all 46 sailors on board, and shelled a civilian island in the Yellow Sea. South Korean coastguards killed two Chinese fishermen in a 2010 tussle; Filipino coast guards killed one Taiwanese fisherman in 2013. Vietnamese and Filipino forces have traded shots on numerous occasions, and the Filipino navy engaged Chinese vessels in 1996.

China’s balancing act: coercion without force

China maintains a balancing act between confrontation and restraint. In the six decades since the PRC was founded, China’s inclination to engage in conflict or to compromise over territorial issues has varied considerably. According to the best-researched study on China’s behaviour at its borders, published in 2005, the PRC has been more likely to compromise in disputes where no Han population is involved. [20] From Ladakh in India to the East China Sea, the PRC’s territorial disputes are now focused on uninhabited areas, thus limiting risk to civilian populations. Vietnam is an important exception: in July 2013, China created a prefecture, which implies a population centre, on the main Paracel island. Xi expressed in July 2013 China’s attitude in unusually cautious terms: he spoke of the need to “plan the two overall situations of maintaining stability and safeguarding rights as a whole”. And Foreign Affairs Minister Wang Yi said that resolution of the issues would “take time”.[21]

China’s tactics keep its neighbours on their toes. Time is on China’s side, since its economic strength is steadily growing, as is its capacity to project force. By slowing down, limiting its assertiveness, and choosing bilateral talks over multilateral resolution, Beijing diminishes its neighbours’ incentive to form coalitions against it. At the same time, it reduces the chances of a serious American military pivot that would be extremely costly and unhelpful in dealing with other potential crises. Therefore, it is safe to say that tension over maritime issues is here to stay, as other stakeholder nations continue to base their national calculus on guesses about China’s long-term attitude. For its part, China will predictably maintain some unpredictable behaviour. It will carry out minor skirmishes and symbolic acts to safeguard its right to make irredentist claims in the future. China is not reckless, but it does not accept the European standard of guaranteeing borders as the foundation of regional peace. Without then West German Chancellor Helmut Kohl’s declaration in June 1990 guaranteeing in perpetuity the Oder–Neisse border with Poland, Europe would be a different place today. Asia might be facing a very long time living with a rising power that is not prepared to grant this kind of guarantee to its neighbours.

US regional strategy: “If it ain’t broke, don’t fix it”

It could be argued that the US has not made much effort to solve the unfinished conflicts in Asia. It has neither acted as a major player in region building nor even advocated strongly for it. The Clinton administration is the only exception: it did work to promote APEC (Asia-Pacific Economic Cooperation, or “four adjectives in search of a noun”, as Australian statesman Gareth Evans once said). President Bill Clinton’s government initially had strategic objectives for APEC, hoping to create a security forum in which Taiwan would be a participant accepted by the PRC. It later shifted its focus to free trade across the Pacific, economic diplomacy that to this day remains one of the US’s central goals. President George W. Bush and his close aides largely ignored Asia, and in particular ASEAN, which his Secretary of State Colin Powell did not mention in his first public statement on Asia. [22] This US absence led Hillary Clinton, the new Secretary of State in the Obama administration, to proclaim in 2011 that “America is back”.[23] However, Obama’s repeated cancellation of trips to Indonesia – including, in October 2013, his absence from an APEC summit in Bali that coincided with the US government shutdown – illustrates that America is a reluctant participant in multilateral regional diplomacy. Even so, the US still forms the backbone of regional security in Asia.

Speculation about a US withdrawal from Asia is not new: in the early 1990s, with the first Bush administration cuts in military spending, people were already talking about the possibility of a “strategic hole” appearing in the region, or even that the US would become a mercenary power that sold its protection to the highest bidder. These speculations have so far been proved inaccurate. But the US has little advice to give on how to solve Asia’s regional issues. The Obama administration’s “pivot to Asia” has not changed things. Instead, the US continues essentially only to provide reassurance against any conflict escalation by China. US analysts generally perceive Asia’s maritime conflicts to be unsolvable. ASEAN itself has become known for the timehonoured method of sweeping issues under the rug. Filipino diplomat Rodolfo Severino, ASEAN’s former Secretary General, has termed the conflicts “intractable”, adding that any legal resolution would be inadequate because it would be “dependent on sovereign states for its implementation”. [24] By and large, the US advocates putting the conflicts back in the box. One exception was the position taken by Hillary Clinton in July 2010 at the ASEAN Regional Forum, and later in Hanoi, when she offered to facilitate talks among claimants. Following as it did a new and unusual US support for ASEAN claimants, this offer only raised eyebrows in Beijing.

Of course, the US approach also helps to preserve the US’s central security role in the Asia-Pacific as the guardian of a fragile status quo. The US has rarely proposed a specific diplomatic outcome or formula to solve an international conflict in Asia. Only twice has the US come up with something substantial to deal with regional Asian conflict: the Clinton administration’s 1994–1995 initiative to set up the Korean Peninsula Energy Development Organization (KEDO), which sought to resolve a case of nuclear proliferation that had global implications; and the re-engagement of Burma in 2009, which led the Burmese junta to a managed opening two years later. For the most part, the US is in the business of managing regional conflicts in Asia, not of solving them.

This balancing act is reflected in the US refusal to endorse any territorial claim. The US Navy’s physical presence has effectively ensured stability and deterred any large-scale conflict in the decades during which the Pacific became an American lake. The duality of the US approach is evident in the case of Japan. The US–Japan Security Treaty covers areas under the control of Japan, but it does not sanction Japan’s possession of these disputed areas. The costs of maintaining this ambiguity are high: 60 percent of the US Navy is deployed in the Pacific. The “pivot to Asia” in fact overstated its military component. Basing US Marine highspeed catamarans in Darwin, 2,500 miles from China, and anchoring littoral combat ships in Singapore does not really look like the “encirclement of China”, or the so-called “lily pad strategy” that Beijing commentators often claim to see. [25] Yet the rising tension between China and Japan and the advent in Japan of a stable Liberal Democratic Party government headed by Shinzo Abe suggest a possible reinforcement of the US–Japan alliance. In November 2012, right before his re-election, Abe described a “security diamond” between Australia, India, Japan, and Hawaii, and he has argued for a renewed role for Britain and France in Asia’s security. [26]

Europe’s offering: a China shop in a region of elephants

In contrast to the underlying logic behind the US pivot, the EU’s December 2012 “Guidelines on the EU’s Foreign and Security Policy in East Asia”, a welcome expansion of an earlier 2007 policy document, are bubbling with good will and proposals. The proposals include an intention to “contribute to relevant confidence building, conflictresolution and post-conflict reconstruction activities”; “the embedding of political and security cooperation among the region’s major players”; to “encourage more military-tomilitary exchanges”; to “consistently promote transparent and rules-based international approaches”; to “embody closer cooperation on foreign and security policy objectives across East Asia in line with international norms”; “promoting outward-looking models which recognise EU interests and equities in the region”; to “look for opportunities to add value to regional organisations through direct involvement in the region with specific initiatives”; and to “share the experience of the EU and its Member States in relation to the consensual, international-law-based settlement of maritime border issues”. These are only some of the objectives in a wide-ranging but unspecific policy statement. Europe’s collective approach is rules-based and oriented towards solving issues within an open regional framework.

However, the guidelines repeatedly emphasise the need to partner with the US, which is described as “an important contributor to regional stability”. Thus, Europe hedges its bets. It often thinks in terms of a potential China–US “G2”. Whether adversarial or co-operative, or a mixture of both, this combination would crowd out any other policy actor. But what if Asia’s future were to be based on relations among Asian nation-states, moving away from a US-provided security or from an ideal convergence based on regional interdependence? What if neither US-led security provisions nor the building of regional institutions were to shape the region’s future? What if the key determinants were instead to be regional balances of power and relationships based on strength, if not on the outright use of force?

Europe is making a fundamental category mistake in stressing Asian regional institutions, multilateralism, and dispute settlement based on international law. The late Michael Leifer debunked a similar vision of ASEAN. Although ASEAN was the most influential of Asia’s regional groupings, Leifer argued that the body was created not to solve international conflicts but, “faute de mieux, with a role to contain regional tensions”. Unlike the European model, ASEAN’s aim was to “consolidate national sovereignty, not to supersede it”.[27] Leifer’s observation applies equally well to Asian co-operation more broadly, and it is becoming even more relevant in the context of today’s tensions and the rebirth of nationalism on the continent.

Basing European foreign and security policy in Asia on an alignment with US policy is misguided. US diplomacy is closely linked to US commercial goals in the region. European and US interests may coincide in areas such as encouraging Asia’s openness to free trade for goods and services. However, American and European firms are in competition in many other areas, such as in the fields of aerospace, transport equipment, public procurement, media and entertainment, and telecoms. Falling in line behind the US ensures that the US will find its way into Asian markets before Europe does, as well as allowing the US a better position to negotiate terms for market entry. America’s security stance in the Asia-Pacific remains cautiously conservative, with a strong preference for the status quo. The US is also using this rationale to justify disengagement not only from Europe but also possibly from the Near and Middle East. The US has not backed Japan’s 2009 suggestion by then Prime Minister Yukio Hatoyama of an Asian community, which it saw as romantic or even anti-American. But neither does it fully back the 2013 Abe government’s defensive stance towards China. America’s defence posture in the Asia-Pacific aligns with Asian countries’ desire for a counterbalance to China, but the US will continue to offset this position by engaging with China, its largest creditor.

On Asian security issues, Europe should stop emphasising multilateral, law-based, and region-wide solutions as a substitute for the hard power it does not have. This approach does not increase Asia’s respect for the EU, which it sees primarily as a trading bloc. Europe should of course welcome and support multilateral legal solutions as well as arbitration if and when they arise. But the European effort to transfer the solutions that have been adopted on the European continent since 1945 is seen by Asian countries as overly didactic, and Europe cannot back its approach with enough hard security commitments to persuade Asia to accept its model.

Instead, Europe’s strategy on security in Asia should focus on the two types of policies at which it excels. It should encourage and even reward compromise among differing parties in Asia. For example, Europe is deeply invested in Asia’s success in locating within the region the energy resources it needs for its fast growth. Unlocking the potential of the South and East China Seas (or whatever their designation may be in the future) is essential. While the US may depend in the future on its own energy resources, Europe and Asia both have to rely on the Middle East, which is unstable at best, and on Russia, which is a difficult partner. Europe should prioritise enhancing energy security through common initiatives, from the limitation of the use of sanctions and boycotts to the creation of an agreement on rights of navigation (as opposed to freedom of navigation) and joint sharing of resources and surveillance of EEZs. Europe has plenty of experience to share, from the Baltic Sea to the North Sea, as well as a similar problem to solve in the Eastern Mediterranean, between Greece, Cyprus, Turkey, Lebanon, and Israel. The Indian Ocean, where France and the UK have maritime domains and hard assets, but where they co-operate with all riparian states on maritime security, may also serve as a model to solve EEZ claims east of the Malacca Strait. Creating a zone of shared maritime development and surveillance in the Indian Ocean could act as a model from West Asia for East Asia, with the help of European nations. France has similar interests in the South Pacific, while the UK maintains the Five Power Defence Arrangement with Australia, Malaysia, New Zealand, and Singapore. Both the UK and France would likely be involved in a Korean crisis contingency. Although co-ordination with the US remains fundamental, maintaining an independent satellite observation capacity – in other words, a “second opinion” – may matter to Asian countries, which already value having more than one provider of weapon systems. These trends of course are at risk from declining defence budgets. But member states should revive, from the bottom up, a European policy towards Asia that has become largely inactive.

The second priority that Europe should adopt concerns an issue that gets little attention: European arms sales to Asia. In this area also, EU-level policies remain poorly defined. The new EU Code of Conduct adopted in December 2012 creates guidelines for prohibiting weapon sales to certain countries, but it leaves real decisions largely to member states. This lack of unified policy is a key reason why the arms embargo placed on China in 1989 cannot be lifted, since it could potentially result in a free-for-all, with countries competing with each other to enter the newly opened market. Even so, arms sales to Asia have flourished, in large part thanks to the regional arms race. The volume of European weapons sales are even sometimes at the same level as US sales in the region.[28] Only China is excluded: because of the arms embargo, arms transfers from Europe to China are negligible, although accurate amounts are unclear, since figures are based on self-declaration by the vendors involved.

Arms transfers almost always involve security co-operation, whether in training, after-sales services, or continued upgrades. The UK, for example, initiated a Defence Cooperation Memorandum with Japan in April 2012, which also coincides with the establishment of a “Global Strategic Partnership”. [29] And France is not far behind. Europe is therefore a much more important security actor in Asia than it thinks it is, but the main thrust of weapons policy is developed by member states, with commercial considerations forming the most common factor. Even so, the implications go beyond the commercial sphere: Singapore has become France’s second-most important partner in military R&D. [30]

The UK is holding naval exercises with Japan, and France has three categories of joint exercises with India. Germany, which is not deeply involved in Asian security matters, has sold more submarines to Singapore than its own military operates. Europe cannot continue to focus only on a softpower approach at the EU level while its member states are security suppliers – with or without principles.

Europe and Asia’s global factory: trade agreements as strategy

Just a few years ago, the preferred model for international relations in Asia was “bandwagoning”. Asia was captivated by China’s increasing economic attractiveness, both as a final destination for exports and as part of the production chain on the way to Western markets. The rest of the continent was perhaps also seduced by China’s supposed soft power and non-interference norms. Even India, the subcontinental giant, ended its more than 30-year pause in economic and political relations with China with a meteoric comeback. China–India trade hovered around $250 million until the early 1990s, but reached $74 billion in 2011. Since 2008, China has been India’s most important trade partner.[31] Normalisation has taken place, and some Himalayan roads have been reopened for the first time since the 1962 war. China is also the main trade partner of Japan, Korea, and Taiwan, and trade integration between China, Japan, and Korea is greater even than intra-EU trade relations, in spite of the absence of a free-trade treaty.

On economic and trade issues, Europe has become more realistic, even if it has not become more daring. The rising giants of Asia, China and India, essentially killed the Doha Round of WTO trade talks. Between 2000 and 2013, 73 bilateral FTAs have been concluded in Asia. Europe has caught up with reality and has moved on to negotiating bilateral trade deals. An FTA with Korea was successfully finalised in 2011, and the EU is close to deals with India and Singapore, with another three potential deals in Southeast Asia under negotiation. Most importantly, the EU has now opened talks with Japan, the world’s third-largest trading nation.

These bilateral deals are important in securing access for European goods and services in Asia. However, they do not directly address the fact that China plays an intermediary role in Asia’s export-oriented production as the exit door from the Asian value chain. China is now the most important commercial partner of two-thirds of the world’s nations. But 70 percent of the value of China’s exports is made up of intermediate goods produced abroad, mostly elsewhere in Asia. China’s trade surplus with Europe should really be called an Asian surplus. A case can be made that China has collected only a fraction of the proceeds. Other Asian economies use China as a stepping-stone to global exports. But in the future, given China’s move towards producing more high-tech goods and effective economic nationalism, China may reverse the relationship and use the rest of Asia’s FTAs as a step towards global markets. There are some signs that this is already taking place: in a 2010 survey, only 29 percent of Japanese firms made use of Asian FTAs, compared to 45 percent of Chinese firms.[32] For China, these FTAs involve ASEAN economies and “early harvest” trade liberalisation with Taiwan.

The US has begun to address this new reality by switching to a regional trade strategy and launching the Trans Pacific Partnership (TPP) proposal. If the US successfully commits China’s most advanced neighbours (and some of its competitors, such as Vietnam) to a higher level of trade liberalisation, this will diminish China’s pivotal role in the Asian export chain, which has largely been secured because of China’s continuing trade privileges as a developing economy. By proposing the inclusion of Taiwan, the US might even persuade China to join, under the old adage “if you can’t beat them, join them”. At the same time, ASEAN and its regional FTA partners are negotiating the Regional Comprehensive Economic Partnership (RCEP), aiming to cover 45 percent of the world’s population and a third of its GDP. These mega- FTAs or minilateralist proposals present benefits to those that join, but also come with a cost to economies that do not. A comprehensive FTA would be more advantageous to advanced economies, which would benefit from improved access for services and less red tape. A less comprehensive FTA would chiefly benefit the least developed partner, which could export its goods more easily. The decision by Europe in 2012 to open negotiations on an FTA with Japan is of course a response to these trends, since a Japan–EU FTA would complete the triangle begun by the TTP and the TTIP (the Transatlantic Trade and Investment Partnership, Washington’s other strategic initiative). But will this move be enough? Without a wider offer by the EU to the region, Europe’s limited negotiations might in fact prod China into being more open to the RCEP (of which it is already a member) and the TPP. Both trade groupings exclude Europe.

In spite of its robust bilateral trade approach, the EU could be forced into a defensive position by trade agreements that cover a widening share of global markets. The EU missed the boat on APEC in the early 1990s. Now, it has no comparable initiative to offer Asia on regional trade, services, and investment. The Asia-Europe Meeting (ASEM), created in 1995 following a proposal from Singapore, is much too diffuse to become a useful strategic tool, even though it has come up with some good initiatives, such as people-topeople exchanges and the Business Forum.

With the appearance of these mega-FTAs, the EU’s laborious bilateral negotiations no longer seem to be the optimal strategy. The EU’s human resources are already stretched thin at the Commission’s DG Trade. And the body as a whole could soon be overwhelmed by the tension between, on the one hand, trying to compete in Asia only through bilateral negotiations, and on the other, negotiating the TTIP. As long as the Obama administration hesitated over trade issues during its first term, the EU seemed to be maintaining parity with the US. This is probably no longer the case. In terms of public diplomacy and discursive power, the US is back in the lead.

There are only three ways for the EU to recapture the initiative. In the first scenario, the TPP might flounder on its own accord and fail to meet its main targets. This would, by default, hand the initiative to the EU. But this outcome is unlikely. China’s neighbours have a renewed incentive to shore up their ties with the US. Japan in particular needs US support for the Abe government’s effort to kick-start the economy, especially given the quantitative easing and monetary devaluation that the Abe initiative implies. An incentive also exists for a CJK (China–Japan–Korea) FTA, and the RCEP may serve as a tool to extract more concessions from the US, which is not a partner.

A second way for Europe to increase its relevance would be to initiate a trailblazing trade and investment deal with China itself. Because of the scale of EU–China trade, its implications for other Asian suppliers, and China’s number one ranking in global trade from 2013, an agreement between the EU and China would go a long way towards addressing the core of the EU’s economic relationship with Asia. But China, which under current rules already has largely unfettered access to Europe’s markets, does not necessarily see a need to make concessions. That said, the prospect of successful outcomes for the TTIP and the TPP might be the only thing that could make China more amenable to further engagement and reciprocal concessions with Europe or the US.

Finally, the third option for the EU is to create a value proposition for the region, much as the US has done with the TPP. This would be much harder for the EU, which has to deal with 28 member states, each of which has a stake in guiding policy, if not in implementing it. By selecting only a few initial partners for the TPP, the US has created competition to join among prospective participants. Even so, some of these initial partners might welcome a concurrent offer from the EU, and they might appreciate it if the offer were explicitly inclusive rather than potentially exclusive. Could such a proposition emerge as a Trans Eurasian Partnership (TEP) or a Europe–Asia Partnership (EAP)?

A large part of the TPP and the TTIP concerns standards and norms, reflecting the US desire to export its own ways of doing business. Europe’s TEP or EAP should of course promote European norms, but it should also focus on investment issues. In spite of its reputation for protectionism, Europe is more open to foreign investment than any other region, a fact that even Chinese studies recognise.[33] It is therefore in a position to leverage its openness by emphasising investment and services with regions where investment liberalisation is still under way.

This should include private savings and companies, so as to unlock the region’s state economies. Europeans, who remain the world’s greatest aggregate private savers, should also gain greater access to companies and capital markets throughout Asia. The EU’s trade diplomacy and resources have served Europe well in achieving its goal of free trade in goods, which was the mainstay of global liberalisation in the past decades. Now it must be reinforced, both in volume and in competences, so as to better deal with the new strategic issue of region-wide FTAs, and with the responsibility for investment that has been vested in the EU by the Lisbon Treaty. The transition period, during which global trade diplomacy retreated from multilateral goals to a phase of bilateral anarchy, may be nearing an end. If Asia is to be the new battleground for expanded region-wide agreements, Europe should be prepared to take the field.

——————————————————————————–

[1] “Chinese leader Xi Jinping joins Obama for summit”, BBC News, 8 June 2013, available at http://www.bbc.co.uk/news/world-asia-china-22798572.

[2] ECFR interview with Samir Saran, New Delhi, April 2013.

[3] Mark J. Valencia, “The South China Sea: Back to Future?”, East Sea (South China Sea)

Studies , 15 July 2011, available at http://southchinaseastudies.org/en/conferences-andseminars-/

second-international-workshop/582-the-south-china-sea-back-to-future-bymark-

j-valencia

[4] Author interview with Eichi Fujiwara, Tokyo, 16 April 2013.

[5] Author interview with Shinichi Kitaoka, Tokyo, 16 April 2013

[6] Laxman Kumar Behera, “Indian Defence Budget 2013–14”, Defence Review Asia, 6 May

2013, available at http://www.defencereviewasia.com/articles/216/Indian-Defence-

Budget-2013-14.

[7] Kim Eun-jung, “Mid-term defense program focuses on missile defense against N. Korea”,

Yonhap News Agency , 25 July 2013, available at http://english.yonhapnews.co.kr/natio

nal/2013/07/25/51/0301000000AEN20130725002700315F.html.

[8] French Ministry of Defence, “La loi de programmation militaire (LPM) 2014–2019”,

Ministére de la Défense , 14 August 2013, available at http://www.defense.gouv.fr/

actualites/dossiers/lpm-2014-2019.

[9] Author interview with Fabrice Pothier, 27 September 2013.

[10] Aaron L. Friedberg, “Will Europe’s Past Be Asia’s Future?”, Survival, Autumn 2000.

[11] Yoko Kubota, “Japan, Russia agree to cooperate on security as China rises”, Reuters,

2 November 2013, available at http://www.reuters.com/article/2013/11/02/us-japanrussia-

idUSBRE9A102G20131102.

[12] “Press Conference by Minister for Foreign Affairs Koichiro Gemba”, Ministry of

Foreign Affairs of Japan, 17 August 2012, available at http://www.mofa.go.jp/

announce/fm_press/2012/8/0817_01.html.

[13] Author interview with Hahm Chaibong, Seoul, 19 April 2013.

[14] Srikanth Kondrapalli, “China’s foreign policy at its borders”, Seminar, Asia Centre,

Paris, 20 September 2013.

[15] PLA General Zhang Zhaozhong, “China boasts of strategy to ‘recover’ islands occupied

by Philippines”, TV interview transcript by China Daily Mail, 28 May 2013, available

at http://chinadailymail.com/2013/05/28/china-boasts-of-strategy-to-recoverislands-

occupied-by-philippines/.

[16] See an account at Scott Bentley, “Mapping the nine-dash line: recent incidents

involving Indonesia in the South China Sea”, the Strategist, 29 October 2013,

available at http://www.aspistrategist.org.au/mapping-the-nine-dash-line-recentincidents-

involving-indonesia-in-the-south-china-sea/.

[17] International Crisis Group, “Dangerous Waters: China–Japan Relations on the

Rocks”, Asia Report No. 245, 8 April 2013, available at http://www.crisisgroup.

org/~/media/Files/asia/north-east-asia/245-dangerous-waters-china-japanrelations-

on-the-rocks.pdf.

[18] Xi meets Taiwan politician ahead of APEC gathering”, Xinhuanet, 6 October 2013,

available at http://news.xinhuanet.com/english/china/2013-10/06/c_132775470.htm.

[19] Shaun Tandon, “China says ready to talk if Japan admits dispute”, AFP, 20

September 2013, available at https://www.google.com/hostednews/afp/article/ALe

qM5jqJRakIH078NfMppOmBaTnzyDvJw?docId=CNG.894f32afb0dcbd001d433e2

1edb91ac5.e1.

[20] M. Taylor Fravel, “Regime Insecurity and International Cooperation: Explaining

China’s Compromises in Territorial Disputes”, International Security, Vol. 30, No.

2 (Fall 2005), pp. 46–83, available at http://taylorfravel.com/documents/research/

fravel.2005.IS.regime.insecurity.pdf.

[21] Cited in M. Taylor Fravel, “Xi Jinping and China’s Maritime Disputes”, Taylorfravel.

com, 15 August 2013, available at http://taylorfravel.com/2013/08/xi-jinping-andchinas-

maritime-disputes/.

[22] Colin Powell, “U.S. Looks to Its Allies for Stability in Asia and the Pacific”,

International Herald Tribune , 27 January 2001, available at http://www.nytimes.

com/2001/01/27/opinion/27iht-edcolin.t.html.

[23] Hillary Clinton, “Back in Asia: The US Steps Up Its Re-Engagement”, Strategic

Review , 8 January 2011, available at http://photos.state.gov/libraries/

indonesia/502679/pdf/clinton-interview_strategic-review.pdf.

[24] Rodolfo C. Severino, “The South China Sea: Ten myths and ten realities”,

East Sea (South China Sea) Studies , 21 January 2013, available at http://

southchinaseastudies.org/en/conferences-and-seminars-/hoi-thao-quoc-te-4/781-

the-south-china-sea-ten-myths-and-ten-realities-by-rodolfo-c-severino.

[25] See Asia Centre, “The End of Non-interference?”, China Analysis, October 2013,

available at http://ecfr.eu/page/-/China_Analysis_The_End_of_Non_interference_

October2013.pdf.

[26] Shinzo Abe, “Asia’s Democratic Security Diamond”, Project Syndicate, 27 December

2012, available at http://www.project-syndicate.org/commentary/a-strategicalliance-

for-japan-and-india-by-shinzo-abe. The article was written in November

2012, on the eve of Japan’s general election.

[27] Michael Leifer, “The ASEAN Peace Process: a category mistake”, the Pacific

Review , Vol. 12, Issue 1, 1999, available at http://www.tandfonline.com/doi/

abs/10.1080/09512749908719276

[28] According to the SIPRI Arms Transfer database, European weapon transfers to Asia

in 2011–2012 reached 2,618 TIVs (trend indicator value, SIPRI’s index for the value

of these transfers) as opposed to 6,417 TIVs from the US in the same period. In 2011

alone, the ratio was much closer (1,701 to 3,554 TIVs, or 48 percent). See SIPRI Arms

Transfer Database, available at http://portal.sipri.org/publications/pages/transfer/

splash.

[29] Ministry of Defense of Japan, Defense of Japan 2012, (Tokyo: Ministry of Defense,

2012), available at http://www.mod.go.jp/e/publ/w_paper/e-book/2012/files/

assets/basic-html/page316.html.

[30] ECFR interview at the French Ministry of Defence, Paris, 14 November 2013.

[31] “China has become India’s largest trade partner in South Asia”, the Economic Times,

10 March 2012, available at http://articles.economictimes.indiatimes.com/2012-03-

10/news/31143050_1_bilateral-trade-trade-ties-india-and-china.

[32] Masahiro Kawai and Ganeshan Wignaraja, “Free Trade Agreements in East Asia: A

Way towards Trade Liberalization?”, ADB Briefs No. 1, Asian Development Bank,

June 2010, available at http://www.adb.org/sites/default/files/pub/2010/ADBBriefs-

2010-1-Free-Trade-Agreements.pdf.

[33] Zhang Yunling and Rongyan Wang, “The case for enhancing regional and global rules

for investment”, in Richard Baldwin, Masahiro Kawai, and Ganeshan Wignaraja

(eds), The Future of the World Trading System: Asian Perspectives, (Geneva:

VoxEU, 2013), available at http://www.voxeu.org/content/future-world-tradingsystem-

asian-perspectives

——————————————————————————–

François Godement is Professor of political science at Sciences Po in Paris, Director for strategy of Asia Centre, also in Paris (www.centreasia.eu), Senior policy fellow of the European Council on Foreign relations (www.ecfr.eu), and non resident Senior associate of the Carnegie Endowment for International Peace (Washington). He is also an outside consultant to the Policy Planning Directorate of the French Ministry of Foreign Affairs.

Editor’s note:

This Policy Brief was originally published by the European Council on Foreign Relations. It is also available in the ISN Digital Library.

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Columns/Op-Eds, In the News, Non-Traditional Security

Internet realpolitik

Samir Saran | February 11, 2014 10:35 am, Opinion

Internet
The stakes are too high for India to adopt self-aggrandising idealism. Reuters.

Issues of multilateral internet governance must be kept separate from cybersecurity and espionage.

In his article ‘In strategic interest, and for self-respect’ (IE, January 30), Hardeep S. Puri has underscored why we need to discuss internet governance, cybersecurity and related issues threadbare, and among a much larger set of stakeholders. This intrinsically democratic and most accessible medium has witnessed a disappointingly muted debate within India on its governance and regulation. Some key aspects highlighted in Puri’s article must be discussed further.

First, it must be understood that from a practice and policy perspective, surveillance, cybersecurity and internet governance are immiscible. Espionage is unlikely to cease irrespective of who governs the internet, who allocates domain names and who assigns addresses. The existence of PRISM and other such programmes is not a reflection of the state of global internet governance, but rather demonstrates the political intent, technological capability and institutional capacity of nations to interlope, acquire and illegally monitor information and data.

India’s subdued opposition to the revelation of PRISM was because, as the external affairs minister put it, “we have similar systems in place” called NETRA and the Central Monitoring System. All countries with means and capacity will keep tabs on adversaries and on activities they perceive as threats. No international agreement or legislation will change that. When such attempts to spy are exposed, as by Snowden, there will be a degree of furore and then it will be business-as-usual. Therefore, even as India rightly seeks greater voice and weight in institutions that manage the internet, it must be very careful not to conflate internet governance with either cybersecurity or cyberespionage.

Second, on internet governance, the Tunis Declaration of 2005 is indeed important. We must strive for “multilateral, transparent and democratic” systems of governance as against ceding disproportionate weight and voice to one nation. Unilateralism, or even plurilateralism, is unacceptable, and countries like India and Brazil must ensure the digital world does not get carved up among a group of US-led Western nations on the one hand and the Chinese and Russians on the other. India, in a manner of speaking, is a “swing state” and how it acts now may influence the narrative decisively. India needs to do more. It will be the most digitally engaged actor among the liberal and democratic nations that seek a free and fluid internet. There must be no governance veto for the US, Russia or China and any framework must have India at the high table. At the same time, there must be no G-77 for the digital world with India at its helm. The stakes are too high for India to adopt self-aggrandising idealism. We need to engage on realistic terms with the key stakeholders.

Alongside this realism, we also need to accept another fact. This is no longer just a debate on unilateralism, plurilateralism and multilateralism; it is as much a debate on multistakeholderism and multilateralism. The Tunis Declaration, when first written in 2005, had a very different context. There were less than a billion internet users compared to 2.7 billion today, and there were less than two billion mobile users as against seven billion today. In 2005, Google was in its early years, Facebook had not moved out of the college campus, and Twitter had not even been conceived. Today, these and other corporations and civil society collaborations are arguably weightier than nation states and may arguably have a greater impact on the future of the digital medium. How India engages with this new landscape is the most relevant question. Does India see the internet as an aid to emancipate its people or a means to control them? Does it see this medium as an opportunity to create wealth and reach prosperity and services to its people, or should we imagine it as another 20th century security discourse? Does it see its private sector as offering the country greater agency, or does it view the private sector in contention with the state?

If the answer is the former to each of the posers, then any governance framework must accommodate the voice of consumers, private-sector companies and other stakeholders. It also implies India help shift the discourse towards multistakeholderism. Telecom companies and IT enterprises have been India’s interlocutors in these sectors at a time when government was ill-equipped to be the voice. These corporations created jobs, ensured growth and connected India to the world under governance regimes emanating from Western centres that were also their markets. They must be co-opted as India engages on these issues today. The consumers/ users must also have a significant voice. This is logical and achievable, as long as we do not mix our approaches to espionage, security and governance of the internet.

Our “strategic interest” will be served when we acknowledge where our current and future interests lie, in terms of economy and politics. Thereafter, we must negotiate India’s role at institutions that govern the internet, be it ICANN, IANA or any other body. Our “self-respect” will be enhanced when we negotiate this role from a position of strength, a factor of our economic weight, which in turn is a factor of our private-sector successes, entrepreneurship and large consumer base. The government, like some other smart nations, must let its enterprises and people speak for it, as it will lend it greater credibility.

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Seema Chishti | January 29, 2014 2:25 am

In political campaigns in India, the people,the second and third words respectively in the preamble of the Constitution, have been the centre of an energetic tussle

In political campaigns in India, the people,the second and third words respectively in the preamble of the Constitution, have been the centre of an energetic tussle. (PTI)

The Congress loses its aam aadmi, the BJP can’t see beyond one khaas aadmi.

It’s 2014 and with about a hundred days to go for polling, campaign season is upon us. However, we are still some distance from clarity on what either of the two largest parties has to offer. Perhaps it is because both sides are trying to cater to a homogenised, media-savvy “voter-consumer” that the contest so far sounds too much like an ad war. There are “war rooms”, banal, flashcard references to the “young vote” and a bitter battle of words that is supposed to stand in for a clear articulation of policy.

The face of the Congress, which has been in power for a decade, and the BJP’s prime ministerial candidate, who has ruled his state for 13 years, are both trying to project themselves as outsiders. Both claims sound hollow, to be polite about it.

The Congress is struggling to recover from the loss of its aam aadmi slogan, which had helped it so far in putting forward its Manmohanomics-meets-welfare-economics positions. The “aam aadmi”, a term loose enough and yet specific enough for a wide range of persons to identify with it, had come to signify a utilitarian test for whatever works. With the AAP now part of the discourse, the Congress clearly has an aam aadmi problem.

The BJP, ever since 1980, has resisted calls to turn itself over to the regular Western idea of a rightwing party — free-market, nationalist, Thatcherite. Now, it finds itself very much under RSS control and freighted with the latter’s ideological baggage. So it is difficult for the BJP to model itself on Western rightwing parties like the Tories or the Christian Democrats. It has chosen, instead, to invest in the “khaas aadmi”. One might say it has a khaas aadmi problem.

In political campaigns in India, “the people”, the second and third words respectively in the preamble of the Constitution, have been the centre of an energetic tussle. The past several decades have seen the need for a moniker that justifies actions and around which ideas can be built, whether its “the people”, “makkal” (Tamil), “jana”, “gana” or “lok”. With the invasion of politics by the management-walas, especially in the Eighties and Nineties, it became even more important for parties to brand such terms more forcefully. So the “garibi hatao” slogan had to find and directly address its subject.

The Congress, which had initially had the garib aadmi at the heart of discussions, moved on to the well-branded aam aadmi. With “aam aadmi”, a thought-out departure from “garib aadmi”, the Congress set its sights on a broader demographic. And with citizens anxious to come out of the garib classification, this new term found a wider response and helped the Congress regain ground. Meanwhile, the BJP, especially in its NDA avatar, reworked the antyodaya idea, which meant reaching out to those at the end of the line. This also served it well, especially in the states.

Damaged deeply by the AAP in its showpiece state, the Congress is looking for a new phrase to articulate whom it wants to draw in and focus on for its campaign. Rahul Gandhi, in his speech at the AICC, hinted at a version of the not-quite or the neo-aam aadmi — the “70 crore” who are not part of the middle class and not poor — as the new target. But that phrase is yet to find a proper home in the Congress’s campaign lexicon.

Unlike the Congress, the BJP is not beset by the problem of someone walking off with its best campaign pitch. But how does it provide more wind in the sails of the khaas aadmi it has appointed as leader? It will now be watched closely for how skillfully it uses Narendra Modi so that he does not lose his core base and yet succeeds in winning over a sizeable section of the Hindu vote that doesn’t yet respond to his image or attempts at a makeover. In short, how does someone like Modi appear true to his Hindutva allegiance while also appearing committed to just building bridges, drains or toilets. The party’s central challenge is to forge a cohesion in the Hindu vote, while ensuring that the “rest of India” does not get spooked into parking all its votes with the Congress.

The BJP had said recently that it would articulate its “solutions”. But it turned out to be a laundry list, throwing no light on what the party’s position is on some very obvious contemporary policy questions. Modi’s silence on the AAP, economic policy and even the Supreme Court order to immediately disqualify sitting MPs and MLAs who have been convicted cannot go on for ever. Though Modi is still loath to making himself available to the press or for questions, never mind the Muslim question, the BJP will eventually have to spell out what its idea of India is.

Perhaps it is the “benaam aadmi”, a term coined by Delhi-based commentator Samir Saran recently, that should get more attention now from the aam aadmi-free Congress as well as the khaas aadmi-ridden BJP. Saran’s contention is that, in the race to sort out the nightmares of the middle class, whether it is gas, water or electricity bills, several basic questions that assail India today, concerning the truly dispossessed, or the benaam aadmi, have been completely ignored.

In the weeks ahead, it will be important to observe if the two very similar ad campaigns eventually give way to honest and cogent ideas. So we are still waiting to see what the BJP commits itself to and what it has to offer beyond its khaas aadmi. It would have to establish that its vision of Hindutva Plus is what the doctor has prescribed for India in 2014. And the Congress will have to effectively communicate that it stands for cohesion in an astoundingly diverse country, in a way that is different from imposing a oneness on it. It would have to convey that personal wellbeing is eventually dependent on the welfare of all — the benaam and the aam. A pitch for “hum sab”, anybody ?

seema.chishti@expressindia.com

Seema-Chisti

Columns/Op-Eds, In the News, Politics / Globalisation

2014, the branding battle

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Columns/Op-Eds, In the News, Politics / Globalisation

“The Karzai Caper: What India Must Do With Afghanistan”

MAIL TODAY ePaper
Sunday, December 15, 2013

Original link is here

HAMID Karzai is playing his final hand, or so it seems. Against the backdrop of his dithering over the Bilateral Security Agreement, President Karzai has embarked on another visit to India. This is not only an opportunity for Karzai to shore up support for his country post- 2014, but also for India to step up its engagement with Afghanistan, take steps to safeguard its interests and seek clarity on a number of dilemmas confronting it.

There are two posers in particular that India should be seeking to address. The first is the future of the US militarys role in the region. New Delhi is conscious of the fact that the larger Afghan polity should be comfortable with the contours of any future US role. Although currently there seems to be huge support for a US role post- 2014, Karzais obstinacy has led to an impasse.

Can India with its strong ties with the Karzai government and goodwill in Afghanistan play a constructive role to break this stalemate in a way that does not provide disproportionate space and influence to Pakistan or cause further Iranian disenchantment with the situation? Irrespective of an Afghan- US security pact, India should prepare itself for a scenario where it may have to look after its interests by itself. Kabul and New Delhi should also be looking at developing an understanding through which India can directly and independently engage with Pashtun tribal elders, provincial governors and even regional warlords to protect its investments.

India must also seek more security cover by the Afghan Public Protection Force ( APPF) for its projects. Obviously, given the security situation, India cannot demand without giving. It is imperative that India bear the costs for further development and training of this force which is currently largely borne by NATO. Therefore the second dilemma for India is to reach an understanding with the current Afghanistan government and yet ensure that this arrangement is sustainable beyond Karzais reign.

Maintaining the high level of engagement with Afghanistan with its obvious benefits for Afghanistan is likely to create a vested interest for whoever is in power in Kabul to continue the thriving bilateral ties with India.

Stepping up its support for the Afghan National Security Forces ( ANSF) is another way of ensuring that continued engagement with India becomes indispensable for any Afghan government. This assistance must not just be material, but rather one that builds local managerial and organisational capacity to enable Afghanistan to sustain such a force.

As the situation in Afghanistan continues to change and is likely to change even more dramatically in the future, India is faced with the choice of being a proactive game- changer itself or continuing to watch from the sidelines as it has for the last 12 years. Now is the time to shed its strategic ambiguity and to commit to an ever larger constructive role in the post- 2014 Afghanistan.

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Books / Papers, In the News, Politics / Globalisation

Corporate Governance and Business Responsibility

An Empirical Assessment of Large Indian Companies

GIZ Study booklet

It is widely accepted today that the onus for business responsibility must lie with senior management and Board members of corporations. The contours of what constitutes ‘responsibility’ though are still under discussion and description. However, there is a broad consensus that this must imply integration of environmental, social and economic priorities within the business model and governance processes of companies.

The Board of Directors of any firm have a significant role to play in terms of providing strategic vision as well as performing critical oversight of business operations. Therefore any efforts at embedding sustainability within business operations, whether through mandatory or prescriptive frameworks, must originate at the level of the Board.

Additionally, the entire market ecosystem within which firms operate is also relevant to the business responsibility discourse. For instance, the performance metrics of production supply chains are often overlooked by companies. Even within large companies, oversight of supply chains, are limited to negotiations on price points and timelines. This must see radical transformation. Similarly, long term risk assessment frameworks around environment, social responsibility and good governance practices must become a part of decision making processes at the highest levels.

Lack of awareness at the level of the Board is not the only impediment to holistic integration of sustainability priorities in the case of large Indian companies. For enhanced community engagement to become a pillar of business operations, systemic policy hurdles need to be addressed (for example: inefficient licensing regimes in critical sectors).

In India, like in most other places, corporate governance and business responsibility tend to be viewed as being mutually distinct. However, this study shows that there is visible correlation between adherence to corporate governance regulations and business responsibility norms – which is precisely the paradigm of ‘responsible corporate governance’ that is referred to in this research report.

This study establishes that large companies that already have the basic mandatory processes and governance structures in place are more likely to also be the ones that tend to adhere to voluntary norms. Therefore, further analysis and research is required to study behavioural drivers at the level of the Board as well as the impacts of regulatory processes across and within sectors. On the external front, sustained effort is required by stakeholders to bridge institutional capacity gaps, in order to streamline and harmonise regulatory processes and policies with ‘intra-company’ mechanisms.

So clearly, two sets of core issues need to be addressed. The first, dealing with internal corporate processes; and the second related to the interaction of these with the regulatory environment and societal expectations. This study is the first step in analysing some of the above and beginning an engagement with multiple stakeholders to discover next steps and pragmatic pathways that would allow accelerated adoption of best in class responsible corporate governance practices by all and certainly by the large corporations that have a compelling impact on society, environment and development.

I would like to thank the Indian Institute for Corporate Affairs (IICA) and the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, for their continued support and guidance in the conceptualisation, and writing of this report. And, I would like to congratulate Vivan Sharan and Andrea Deisenrieder for their stellar work and very interesting research on one of the most debated themes of these times.

Samir Saran

Chairman and CEO, gTrade

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In the News, Non-Traditional Security, Politics / Globalisation, Uncategorized

CyFy 2013: THE INDIA CONFERENCE ON CYBER SECURITY & CYBER GOVERNANCE

OUTCOME STATEMENT

Original link

Cyberspace transcends boundaries to provide unprecedented levels of connectivity and empowerment to states, institutions and individuals across the globe. This fluidity of the cyber- spheres pawns ‘cyber-gangsters’, necessitating cyber-security on the one hand while raising the spectre of a ‘big brother’ state on the other, according to the Minister for Communications and Information Technology, Mr. Kapil Sibal. Inaugurating the 2-day workshop he emphasised cyber governance as something of an oxymoron and a re-imagined notion of sovereignty was essential to develop an effective cyber security paradigm. The Indian National Security Adviser, Mr. Shivshankar Menon, who delivered the keynote address, said that the Internet is also the government’s chosen platform for socio-economic empowerment schemes. This makes India uniquely dependent on the cyber-sphere for its development – while at the same time exposing it to heightened vulnerability.

If the past is any indication, India’s growth and economic prosperity will be inextricably and intricately tied to the digital sphere. Hence, India’s proactive engagement in the global norm making process is important. India can and must be a rule maker and ensure that global norms pertaining to the cyber-sphere align with the opportunities this space has to offer its people. Additionally, the boundlessness of the cyber-sphere must be protected, but not at the cost of pluralism or access. Policy objectives must aim to build infrastructure and provide security and must seamlessly align with the inexorable logic of providing greater access through enhanced penetration.

Consequently, the Internet, for India and many countries indeed, is a means and medium of greater freedom and democratisation. Therefore discovering the median between access and security becomes a global imperative. Given India’s democratic ethos and the sheer volume of cyber-sphere it does (and will) account for, India’s policy responses which will inevitably shape the future of cyberspace, its management and governance.

It was in this background that the inaugural and most comprehensive ‘India Conference on Cyber Security and Cyber Governance – CyFy 2013’ was held at New Delhi on 14th& 15th October, 2013. Supported and guided by the National Security Council Secretariat, Government of India, Raytheon and the Bombay Stock Exchange, the event saw two days of engrossing debate, capturing the perspectives of over 250 international experts, parliamentarians, academics, industry leaders, media practitioners and representatives of the civil society.

The following key conclusions emerged from the discussions:

• The tension between “multistakeholderism” and multilateralism should be resolved to further a cooperative framework in formulating cyber-security strategies. It is only with the participation of diverse stakeholders that refined, legitimate and nuanced policy shall emerge. A unilateral approach without systematic and periodic consultations with, and inputs of, these multiple sets of stakeholders will be deeply counterproductive and can undermine the democratic nature of the cyber-sphere. Multistakeholderism is the mantra for devising articulate policy pathways.

• International cooperation is a must in responding to cyber-security threats and governance challenges. Conventions and treaties ensure agreed definitions on security issues, acceptable set of norms, confidence building measures and will eventually shape an international framework to manage cyberspace.

• Cooperation is beneficial in managing inter-dependencies that are inherent while seeking cyber-security, for which regional and bilateral cooperative measures can also be devised successfully. For instance, Internet fraud and related crimes can be a potential area of cooperation given the minimal political underpinnings.

• It was emphasised that cooperation could be compromised by the national strategic interest of major powers and by viewing this space as a new ‘zero sum game’. The tensions between great powers can undermine a multilateral approach to cyber-security and will have an asymmetrically negative impact on lesser powers.

• Public and private sector partnership (PPP) in policymaking is essential as the bulk of communications and certain critical information infrastructure networks are managed by the private sector. An information sharing mechanism should be created to ensure timely responses.

• The bulk of cyber-security costs are currently being borne by the private sector. Like all issues related to national security, the government must take the lead, incentivise and guide developments in this sector, and allocate specific funding. This funding should be spent on awareness campaigns, education, stakeholder consultations and capacity building initiatives in the near to medium term. Similarly governments should invest in initiatives that improve cyber hygiene and data protection. A critical skills shortage exists and there should be an emphasis on training ‘cyber builders’ rather than ‘cyber warriors’. PPP models and certifications regimes should be rapidly introduced to ensure both quality and numbers.

Governments must standardise security measures, protocols and surveillance processes in order to ensure that they are neither sector-specific nor applicable only to individuals or companies. Greater transparency around security processes will also increase user confidence and allow greater vibrancy in spread and adoption of cyber platforms. This is important as the Government of India, like many other national governments, sees digital last mile connectivity as the most efficient mode for government-citizen interface in social and related sectors.

• There is today a collision of narratives on National Security and Individual Privacy. While this debate is important to have, the ideal for any security policy must be safeguarding the private space of individuals and their freedom of expression. Governments have been unable to define and agree to a universal definition of “privacy” and due to the borderless nature of the Internet there will be contests and hence there are concerns voiced by many stakeholders that need to be addressed.

• Additionally, collective security often gets an unfair advantage over individual privacy. Some questioned the efficacy of these security measures and if the gains from surveillance are worth the costs to privacy and whether there are alternatives to safeguarding national security while keeping privacy sacrosanct.

• It did appear from the discussions that privacy and national security concerns do not necessarily have to compete with one another. Concerns over security measures can be addressed by embedding privacy presets into surveillance mechanisms ab-initio. Targeted surveillance has proven effective, but too much surveillance is demonstrably counter- productive. More investment is needed to ensure privacy enhancing technologies along with sensitising the personnel who deal with the data while conducting surveillance.

• Certain core ideals must be preserved and propagated in respect of privacy. And creating a universal common and robust approach to privacy should be a key global objective to work towards. Such a definition would necessarily be the basis for any future rules based cyber- sphere governed by internationally accepted norms.

The issue of verifiable cyber-identity is also a contested one – on one hand being necessary to prevent crime but on the other being prone to abuse. The issue of identity is intricately linked to the notion of anonymity. A third party management of identity verification is a possible solution but one that requires extensive trust building between the various stakeholders.

• Transparency and accountability in formulating cyber policies, empowering NGOs as pressure groups, widespread consultation, research initiatives, public participation, and a robust media are all needed in order to help formulate effective cyber governance and security architecture. An international cyber management framework can establish best practices and norms. This framework can also analyse risks and create deterrence mechanisms and alliances.

To quote the Deputy National Security Adviser of India, Mr. Nehchal Sandhu, “India has a national cyber-security policy, not a national cyber-security strategy.”Policy is the route to building strategy but strategy is the articulation of an assessment of objectives, needs and aspirations of what citizens seek in a secure and democratic cyberspace. CyFy 2013 is a first step in this process. It has initiated a plural and honest attempt to discuss, contest and discover contours of a national cyber strategy by bringing together domestic and international stakeholders and specialists, initiating the right conversations and encouraging debates that are critical to the formation of an enlightened cyber strategy for India.

SAMIR SARAN
Vice President, Observer Research Foundation

VIRAT BHATIA
Chair, Communications and Digital Economy
Committee, FICCI

CYFY Conference Secretariat
20, Rouse Avenue, Institutional Area, New Delhi – 110032
Ph: +91-11-43520020 | E-mail: cyfy@orfonline.org

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