Author: Jonathan Bonnitcha, ANU and University of Oxford

Over the past three decades countries have signed a great number of international investment treaties (IITs). There are now close to three thousand such treaties worldwide. While most IITs are bilateral there are some multilateral IITs, such as the Energy Charter Treaty to which Australia and fifty other states are signatories. Common IIT provisions are also contained in investment chapters within some trade agreements, within NAFTA and the US-Australia FTA for example.

Many IITs include dispute settlement provisions that allow foreign investors to bring claims against host states before international arbitral tribunals, relying on the rights contained in the relevant treaty. If successful, the investor-claimant is entitled to a monetary award of damages. Read the rest of this entry »

Author: Ernest Bower, CSIS

While the United States is unquestionably a Pacific power, it lacks a comprehensive Asia strategy. In fact, the US approach to Asia has focused primarily on Northeast Asia – Japan, China and South and North Korea. Appropriately, significant focus has also been given to India in the last five years.

But since the end of the Vietnam War, American focus on Southeast Asia has been episodic and crisis driven. While the US has a substantial reservoir of strength in the region, US policy has failed to connect the dots and develop them into a rational and well articulated strategy. Read the rest of this entry »

Author: Jonas Parello-Plesner

There are rumours that Kim Jong-il will visit China late-March. If the visit takes place, it must be after the 18 March when the joint US-ROK military training ends, which is regarded by North Korea as a prelude to war. The supreme commander can’t be seen to leave the country during that period. Alternately, the visit might be made by a top official in the North Korean system, such as Kim Young-nam. So, what should we expect from this meeting?

Broadly speaking, our expectations can be framed around Kim Jong-il’s promise to his people. Read the rest of this entry »

Author: James Boyers, ANU

On September 5 2007, George W. Bush and John Howard signed a treaty to improve defence cooperation between the United States and Australia. Although signed over two years ago, the treaty has not yet been ratified by the United States or Australian governments. Recent developments within United States Senate indicate that it is likely to obtain Senate approval, and ratification shortly thereafter.

At the time, the treaty reflected the Bush administration’s especially close ties with the Howard government in Australia. Read the rest of this entry »

Author: Tobias Harris, MIT

In different ways, two articles published in Western media outlets this week suggest the emergence of a new narrative concerning Japan in elite circles in the United States. One might call that narrative the ‘losing Japan’ narrative, reminiscent of the idea — propagated by newsman Henry Luce — that the United States, or rather, the Democratic Party ‘lost’ China when the Communists won the Chinese Civil War. This narrative suggests that the United States is ‘losing’ Japan to China, raising a call to arms that unless the US government acts expeditiously it could let the DPJ-led government lead Japan into China’s embrace.

The first is the now infamous editorial in the Washington Post on Fujita Yukihisa, the DPJ upper house member best known for his doubts about the 9/11 terrorist attacks. Read the rest of this entry »

Author: Tobias Harris, MIT

Within a week of the formation of the first Bolshevik government, Leon Trotsky, the People’s Commissar for Foreign Affairs, went to the foreign ministry and forced the staff to open safes containing secret treaties that the Tsarist government had made with the Allied powers over the course of World War I, treaties that for the most part concerned how the Allies would divide up the territorial spoils of war.

‘Abolition of secret diplomacy,’ wrote Trotsky, ‘is the first essential of an honorable, popular, and really democratic foreign policy.’ Read the rest of this entry »

Author: Sourabh Gupta, Samuels International

On February 18th, President Obama personally welcomed His Holiness the Dalai Lama to the White House, drawing the predictable ire of the Chinese leadership. As if in response, on March 1st, Beijing named its hand-picked Panchen Lama to its top political advisory body, the Chinese People’s Political Consultative Conference. In 2013, it is speculated the young lama will be elevated to the prominent political position of vice-chairmanship of the National People’s Congress. With Beijing gradually moving towards engineering a similar schism in the revered institution of the Dalai Lama by way of issuing regulations that purport to manage the reincarnation of living lamas, an altogether more purposeful negotiating approach by the Dalai Lama vis-à-vis Beijing is imperative.

Foremost in this regard is the need for His Holiness to match rhetoric with action as he goes about securing an enhanced autonomy arrangement for the Tibetan people. Read the rest of this entry »

Author: Peter Drsydale

The flurry of leaders’ visits — by Indonesia’s President Susilo Bambang Yudhoyono to Canberra this week and American President Barack Obama to Canberra and Jakarta a little over a week later — signals an elevation in the triangular relationship between the United States, Indonesia and Australia, not merely the growing depth of their bilateral relations. Indonesia is one of the world’s newest democracies, a secular state with a predominantly Muslim population, of immense importance to Australia and America in securing Southeast Asian stability and openness. Indonesia and Australia are members of the new G20 group and have deep and common interests in working with America to entrench the G20 as the pre-eminent and enduring forum for global economic governance. Indonesia, with its pivotal role in ASEAN, and Australia, an anchor in trans-Pacific security, are close confidants on America’s re-engagement with Asia under the Obama administration.

American conceptions of security in Asia and the Pacific do not routinely comprehend Southeast Asia. Read the rest of this entry »

Author: Andrew MacIntyre, ANU

Barack Obama’s upcoming visit to Indonesia and Australia is likely to be one of the less difficult and more gratifying international missions he undertakes this year. But along with the surges of goodwill that will greet him in both countries, there will also be opportunities– in partnership with Susilo Bambang Yudhoyono and Kevin Rudd – to advance significant common causes in the region and globally. And Yudhoyono’s separate bilateral visit to Canberra the week before gives added weight to the moment.

With climate change sliding down the agenda in all three countries for now, the big issue on which the three leaders will find common cause is the G20. Read the rest of this entry »

Author: Takashi Terada, Waseda University

The visits of Japanese Foreign Minister’s overseas visits don’t usually elicit much attention from the media and public unless they are off to the United States, Japan’s only ally. This is partly because travel abroad is routine duty for the foreign minister and critical decisions on foreign policy are made by prime ministers. Foreign Minister, Katsuya Okada’s recent visit to Australia appears an exception since the Japanese media gave extensive coverage to the trip. This was for two main reasons.

First, Okada himself is known for his commitment to nuclear disarmament and non-proliferation as his lifework, and he put this issue on the top the agenda for his visit to Australia. Read the rest of this entry »

Author: John W. Lewis and Robert Carlin, Stanford University

It is routine in US foreign policy for a pot not boiling over to be moved to the back burner. But precisely because the North Korean issue is not boiling, it might offer an all-too-rare chance to make progress with Pyongyang. Over the past several months, the North has signalled publicly and privately that it is in engagement mode. In Washington, arguments abound about whether or not this is a stall tactic or a trick, but we will never know if we do not move ahead with serious and sustained probing of the North’s position. So long as our government sticks to an all-or-nothing approach in terms of Pyongyang, the opportunity to advance vital US security interests in northeast Asia could be lost.

Underlying Washington’s current position are two beliefs, so firmly held that they approach dogma. Read the rest of this entry »

Author: John Hemmings, RUSI

One thing is apparent: the great love affair between Europe and China is over.

Here in London and throughout the other major capitals of Europe, Copenhagen was the final straw for European policy-makers who advocated engagement with China, with their ideal of building China into the global order on ice. As Francois Gotement of the European Council on Foreign Relations notes, before Copenhagen, European thinkers still believed that they could use soft power to influence China on a host of issues that Europe believed were mutual to both. After Copenhagen, European attitudes have hardened and governments are reconsidering their approach to China. Read the rest of this entry »

Guest Author: Nabeel Mancheri, Jawaharlal Nehru University

The Annual Bilateral Summit in New Delhi on 29 December 2009 marked a stepping stone in the relationship between India and Japan. During the summit, Dr. Yukio Hatoyama and Dr. Manmohan Singh, Prime Ministers of Japan and India respectively, held discussions on bilateral, regional and global issues and reaffirmed that Japan and India share common values and strategic interests. They pledged to further develop their Strategic and Global Partnership in an effort to strengthen their bilateral relations and ensure peace and prosperity throughout the region and the world.

Until the 1990s, the relationship between India and Japan had been highly asymmetrical. Read the rest of this entry »

Author: Ron Huisken, ANU

China’s fierce reaction to Washington’s recent confirmation of a US$6.4 billion arms deal with Taiwan was pre-meditated, not spontaneous. The deal itself has been around since 2001, and it was an open secret that the recent announcement was a matter of when and not if. This issue played out alongside a subsequent confirmation that President Obama would meet the Dalai Lama in his capacity as Tibet’s spiritual leader, a development that Beijing warned would threaten trust and cooperation with the US.

China and Taiwan have notched up some significant gains in the direction of normal dialogue and freer economic interaction since President Ma took over in Taipei in May 2008. Many commentators assessed that the ‘Taiwan question’ seemed to be more securely quarantined than ever. Read the rest of this entry »

Author: Christopher Pokarier, Waseda University

Whales do not usually surface by the exclusive north shore of Sydney harbour. Yet when Japanese Foreign Minister Katsuya Okada sat down for a meeting with Kevin Rudd at the Australian Prime Minister’s official Sydney residence, Kirribilli House, on Saturday afternoon, the topic was very much on the menu of their conversation. Prime Minister Rudd declared just the previous day that, as pledged while in Opposition, if a diplomatic agreement to end Japan’s Antarctic whaling program by November was not achieved then ‘…let me tell you, we’ll be going to the International Court of Justice.’

That the whaling issue could assume such public prominence might bemuse pioneers of the bilateral relationship who overcame the legacy of war and cultural distance to forge a prosperous and profoundly important partnership between the two nations. Read the rest of this entry »