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Where to draw the line?

datePosted on 12:02, February 19th, 2017 by Pablo

Here are some thoughts for readers.

It is reported that former US Sen Scott Brown (R-MA) has been nominated by the Trump administration to be US ambassador to New Zealand. Besides a record that includes being a centrefold model, party to a sexual harassment lawsuit, and an undistinguished US Senator after a career in local politics in his home state, Mr. Brown is on record as saying that he supports the use of water boarding and other forms of torture. This is of particular note because Mr. Brown is a lawyer who served in the Massachusetts National Guard as a Judge Advocate General’s (JAG) officer, that is, as part of the Army legal system. He should therefore presumably be familiar with Jus in Bello, Jus ad Bellum and other international conventions that, among other things, prohibit the use of torture in war and peacetime.

NZ is a signatory to the Geneva Convention, which prohibits torture (as a war crime). It also supports the International Court of Justice, which prosecutes war crimes and crimes against humanity (which include torture).

Every country has the right to refuse to accept the credentials of foreign ambassador-designates.

So the question is: as a responsible member of the international community and a strong supporter of the rule of international law, should NZ refuse to accept Scott Brown as the incoming US ambassador? Or should it adopt a policy of diplomatic necessity and cast a blind eye on Mr. Brown’s support for state-sanctioned criminal acts in order to curry favour with the Trump administration?

And, as a sidebar: Inspector General of Security and Intelligence Cheryl Gwyn is currently undertaking a lengthy investigation into whether NZ, via the SIS and/or NZDF, was involved in the extraordinary rendition and black site programs run by the US under the Bush 43 administration (which involved the extrajudicial kidnapping and secret detention without charge of suspected Islamicists, several of whom wound up dead as a result of their treatment while in captivity). These  programs included the use of water boarding and other forms of torture as supposed interrogation techniques at the US military prison in Guantanamo Bay (Camp Xray) as well as a network of black sites around the world (not all of whom have been identified yet and which it is possible Ms. Gwyn’s investigation might shed light on). Given this background, will the decision on Mr. Brown’s acceptability as the US ambassador be indicative of what we can expect from the government when it comes to her findings?

I would love to hear your opinions.

Foxes in the hen house.

datePosted on 12:44, January 31st, 2017 by Pablo

Here is a thought. Among all the wretched news coming out of the US this past week, two somewhat lesser items struck me. One was that Trump’s son-in-law was granted a high level security clearance, and the other was that former Brietbart boss, white supremacist and pro-Russian provocateur Steve Bannon has been given a Principal’s seat on the National Security Council, displacing both the Director of National Intelligence and the Chairman of the Joint Chefs of Staff (who now attend on an “as needed” basis).

During the time I spent in the US security apparatus I held several levels of clearance, working my way up to the fairly high Top Secret/Secret Compartmentalized Information (TS/SCI) level. The scrutiny I received in order to get that clearance was pretty intrusive and lengthy: polygraph and drug tests, background checks run by the DIA that included interviews with college friends, my former wife, work colleagues at various places and even neighbours, and an FBI background check. The process took about 10-12 months.

Bannon and Jared Kushner will be privy to sensitive information well above my ultimate pay category, and yet the latter was granted a clearance in a month and the former, for all we know, has yet to receive one. I know that elected political officials do not have to undergo the sort of background checks that I did (something that is always troublesome when congressional testimony is given behind closed doors to congresspeople who are known to have serious skeletons in their closets that make them liable to blackmail). But political appointees as well as career civil servants and military personnel must have those checks done before assuming the jobs in which they handle highly sensitive information. Mistakes have recently been made in security vetting due to outsourcing (Edward Snowden) and people can grow disenchanted and violate their oaths (Chelsea Manning), but for the most part the security vetting process allows the government some degree of confidence that the person being scrutinised cannot be blackmailed, is not financially vulnerable, is not addicted, criminally violent, mentally ill, etc.

So my questions are these: Has Steve Bannon undergone any security vetting, particularly given his background and links? Why did Mr. Kushner receive an expedited clearance rather than a thorough one? There are other individuals in the Trump White House who also have access to this type of information without full security vetting (including a Brietbart editor), but for the moment I wonder about those two fellows.

This is more than a matter of personal curiosity. Given Trump’s attacks on the military and intelligence leadership and the ongoing questions about his relationship with Russia in the wake of official claims that Russia sought to influence the US presidential election in his favour, these sort of moves could set the stage for a constitutional crisis in civil-military/intelligence relations. After all, if Bannon is talking to the Russians and Kushner is pillow whispering to Ivanka about policy matters that impact on the family businesses, why would the intelligence community and military brass feel comfortable with them receiving full classified briefs on such matters? Would it not be advisable for the security community to withhold highly sensitive information from them and direct that information to others such as NSC advisor Gen (ret.) Mike Flynn (also of some very suspect ties) on an “Eyes Only” basis? Or should they just give full briefs and let the chips fall where they may?

Neither option is a good choice, but one has potentially catastrophic consequences while the other undermines the foundations of elected civilian supremacy over the military and intelligence communities.

 

There are lessons here for New Zealand. The NZSIS is responsible for security vetting of people who will handle sensitive classified information, but its record is mixed in this regard. In 2010 it was revealed that Stephen Wilce, the head of the Defence Technology Agency (DTA), the scientific arm of the NZDF, was a serial fraudster and liar who among other things claimed to have been a member of the 1988 UK bobsled team and a former Royal marine who had worked for MI5 and MI6 in the UK and who had invented the guidance system for the Polaris (submarine launched and nuclear tipped) missile (you can find the NZDF Court of Inquiry Report on Mr Wilke here).

Mr. Wilce was recruited by Momentum Consulting (which was paid $25,000 for the job), a firm that included among its directors and executives National Party stalwarts Jenny Shipley and Michelle Boag. Momentum was supposed to have confirmed Mr. Wilce’s bonafides and the NZSIS was supposed to do his security vetting before granting him a high level clearance, but none of that happened. It was not until Mr. Wilce had been in the DTA job for five years that a whistleblower outed him.

In recent years the SIS has reported that security vetting takes up more and more of its time and resources, to the detriment of its domestic intelligence, foreign intelligence and counter-espionage activities. Delays in obtaining clearances are commonplace and pressures to expedite them are strong. That was exactly the situation that led to Edward Snowden being granted a high level security clearance. As it turns out, the firm that was contracted to do his security vetting by the NSA simply rubber stamped the clearance authorisation because it was swamped with such work.

Employees of New Zealand’s intelligence community and military personnel certainly undergo serious security vetting before they can be trusted to handle classified information. Perhaps, like the US, elected officials are exempt from the requirement, but what about parliamentary staffers and those employed in the DPMC? Given the revelations in the Dirty Politics book, can we be assured that the likes of Jason Ede and Phil de Joux (or even Roy Ferguson and Sir Maarten Wevers) have been vetted properly? Is everyone who is privy to classified material treated the same as military and intelligence personnel and subjected to a thorough security vetting process? Is outsourcing recruitment of people to sensitive positions still the norm? If so, is that outsourcing going to politically connected firms or is there now in place some objective standard of applicant vetting rigour that needs to be met?

I ask these questions because if anything, New Zealand appears to have a much looser government administrative system that does the US. Shoulder-tapping, “who-you-knows,” nepotism, cronyism, old boy networking–perhaps it is a small country thing but it seems to me that such practices occur fairly frequently when it comes to high level civil service positions (to say nothing of the private sector). If that is so, then it is fair to ask if these practices override the good sense need for security vetting of those involved with intelligence and military matters.

I stand to be corrected if wrong in this appraisal, but the issue still remains as to who with access to sensitive intelligence and security information outside of NZ intelligence and military officers undergo the type of security vetting that I underwent back in the US and which Messrs. Bannon and Kushner managed to avoid.

Put another way and stripped of the US baggage: are there Bannons and Kushner facsimiles in our midst?

From failure, opportunity comes.

datePosted on 17:19, January 24th, 2017 by Pablo

When President Trump signed the executive order withdrawing the US signature from the Trans Pacific Partnership Agreement (TTPA), he signed the death warrant of that multinational trade deal in its present form. The US was the core member of the TPPA and held the dominant negotiating position within it, so the decade-in-the-making, laboriously undertaken and vexing complex compact that was agreed to by the other eleven signatories is now all but null and void.

There are options, however, for the TPPA that may allow it to survive and thrive in light of Trump’s unilateral abrogation.

First, the other eleven member states can put the agreement into hibernation, wait for the 2020 US presidential election and hope that a more trade-oriented president succeeds Trump.

Second, they can hope that the Republican congressional leadership will force Trump to reverse his decision sometime between now and 2020. That would only occur if Trump is weakened by some failure and the GOP sensed that it could re-assert its traditional pro-trade stance at his expense. The Democrats would welcome the move for opportunistic partisan reasons even if some of its leading figures such as Bernie Sanders also oppose the TPPA and applauded Trump’s decision to pull plug on it.

Third, the members could look to themselves and re-draw an agreement that is less US-centric. Many of the provisions insisted on by the US could be reconsidered and even dropped in exchange for increased preferences for the interests of previously junior TPPA partners.

Fourth, the remaining TPPA partners could look to fill the void left by the US with another large market economy. The one that springs immediately to mind is China. That is where things get interesting, and where opportunity may lie.

China is already party to the ASEAN-China Free Trade Agreement (ACFTA) that established a regional free trade area that is the largest in terms of population and third largest in term of trade volume and nominal GDP. Some of the ACFTA signatories are also parties to the TPPA (Brunei, Malaysia, Singapore, Vietnam). This agreement is considered to be a “true” free trade agreement in the Ricardian sense because it reduces tariffs across 7,881 product categories to zero percent, with the result being that tariffs on ASEAN goods sold to China fell to 0.1 percent and those of China sold in ASEAN to 0.1 percent in the year the agreement went into force (2010)

The non-US TPPA members could opt to negotiate an agreement with ACTFA as one course of action. That may be difficult given that the TPPA is not a “genuine” FTA as much as it is an investor guarantee agreement (IGA) in which market regulations are altered to attract foreign investors and these are protected from legal liability in the event of disputes with the host state. What is not included in the TPPA are across-the-board reductions to zero tariff, and in fact many domestic industries remain protected or subsidised throughout the TPPA membership as part of the horse trading undertaken during negotiations over its central tenets. But it may be possible to reconcile the two trade deals in an effort to create a new super trade bloc on neo-Ricardian grounds.

Another option might be to invite China to the table. It has the second largest market in the world and is continues to grow at a sustained and rapid pace in spite of the vicissitudes of the world economy over the last two decades. It is making the transition from export platform to a mixed domestic mass consumption/value-added export model, and it has previously expressed interest in joining the TPPA. The US blocked consideration of China’s membership because it saw the TPPA as the economic equivalent of the military “pivot to Asia” announced by the Obama administration, that is, as a hedge against Chinese economic, diplomatic and military influence in the Western Pacific Rim in what amounts to a new Containment Policy in the Asia-Pacific.

With the US gone, China has an opening and the remaining TPPA members have an opportunity. The TPPA will have to be renegotiated, but it is likely that the non-negotiable provisions insisted by the US will not be supported by the Chinese and can be dropped in the effort to entice their interest. In turn, China might have to accept something less than blanket reductions in uniform tariffs and agree to a tariff reduction regime that is more segmented and scaled in orientation and gradual and incremental in application (i.e. more product or industry specific and phased in over a longer period of time). That is clearly within the realm of possibility, as is Chinese agreement to other TPPA provisions stripped of their US-centric orientation.

China has already signalled its intentions in this regard. President Xi used this year’s Davos Forum to preach the virtues of free trade and global commerce, arguing against protectionism as an impediment to international understanding and exchange. China has proposed the creation of a Regional Comprehensive Economic Partnership (RCEP) along the lines mentioned above with regard to an ACTFA-TPPA merger but with the provision that the US be excluded. There are many details to be ironed out but the groundwork has been laid for that to happen.

What makes the turn to a China-included trade bloc a potentially win-win proposition for remaining TPPA signatories is that the key provisions demanded by the US–changes in market regulations and preferential market entry clauses for US business interests (including changes in patent and copyright protection) and imposition of limited liability clauses in the event US businesses are sued by local governments–were those that were most resisted by domestic audiences in several TPPA member countries. Removing them not only allows the agreement to be free of those constraints but also diffuses a source of domestic opposition in countries where such things matter.

One thing TPPA states should think carefully about, especially small states like New Zealand, is the invitation to negotiate bi-lateral trade deals with the US instead of the TPPA (something just announced by the Trump administration). The historical record shows that large asymmetries in market size favour the larger over the smaller partner in bilateral trade agreements. This is due to economies of scale, market dominance, and economic and geopolitical influence derived from market size advantages. The recent track record of bilateral deals between the US and smaller states reinforces this fact. Australia, South Korea, Chile, Colombia and the Central American nations plus Dominican Republic grouped in the CAFTA scheme all have bilateral FTAs with the US. In all instances the majority benefits accrued to US-based companies and industries and the benefits accrued in the partner states were limited to specific export markets (mostly in primary goods), with little flow-on, trickle down or developmental effects in the broader national economies.

So rather than “jump on a plane” to sign a bilateral deal with the US, as one wag put it, smaller states such as New Zealand need to think hard whether the bilateral alternative with the US is more long-term beneficial than a multilateral agreement, especially when it has shown that under a certain type of administration the US is willing to renege on its commitments even if they are multilateral rather than bilateral in nature. With the Trump administration also set to review and replace the tripartite North American Free Trade Agreement with Canada and Mexico (NAFTA), it is clear that honoring commitments and maintaining continuity in trade policy is not, even if just for the short term, on the US agenda.

When one widens the lens on what the Trump administration is doing in terms of its threats to withdraw from various bi-and multinational defense agreements unless the partner states “pay more” for US protection, it becomes clear that the US is not, at least for now, a reliable international partner.

The reason is that the new US attitude to trade is part of a larger phenomenon. The neo-isolationist protectionism embedded in the “America First” approach adopted by the Trump administration has ended, however temporarily, over 50 years of bipartisan consensus in the US political elite on the merits of international engagement. Be it in trade, foreign aid or collective defense, the US policy elite, both public and private, have embraced globalisation as a means of projecting US power, influence and values world-wide. That era has come to end for the time being, and so long as Trump is successful in pursing his “America First” strategy it will continue to be so.

That may or may not make America Great Again but it could well have a negative impact on those who seek mutual benefit by engaging with it. They will be asked to do more, pay more and offer more concessions in order to be granted US favour.

In the absence of an alternative, that is an unenviable position to be in. But if alternatives are available, then the current moment in US politics provides a window of opportunity to countries that have found themselves marginalised by Trump’s policy directives. The re-orientation of TPPA is one such opportunity because, if for no other reason, a US return to the TPPA fold in the post-Trump era will see it with much less leverage than it had up until now. Add to that the possibility of increased benefits via a renegotiated deal with the remaining and possibly new partners, and the downside of the US withdrawal seems acceptable.

From a smaller nation perspective, that is a good thing.

War for war’s sake?

datePosted on 13:28, January 17th, 2017 by Pablo

An article in a US magazine about the Senate confirmation hearings of US Secretary of Defense nominee General (ret.) James Mattis struck a chord. The author pointed out that the hearings basically involved patsy questions that were designed to elicit the standard responses about the US having the “greatest” military on earth but (somehow, given that it spends more on the military than the next eight countries combined) needed much more money to counter myriad threats. That allowed Senators to push weapons programs being built in their home states such as the F-35 fighter jet and the next generation of nuclear submarines (all of which Mattis said the US needed and the acquisition of which he supported). The sense one gets from the hearings is that it was a stitch up so long as Mattis threw the usual sops to the usual pork barreling crowd.

No questions were asked of Matthis as to why the US goes to war and why, after being constantly embroiled in wars big and small for a quarter century and currently involved publicly in at least eight conflicts (Iraq, Syria, Libya, Yemen, Afghanistan, Somalia, Nigeria, Sudan), the US has failed to achieve a victory in any of them. What is the point of going to war if the result is inconclusive (Libya), a stalemate (Afghanistan) or a defeat (which Iraq can be considered if one looks at the national and regional situation before and after the US invasion)?  Or is the purpose now simply to feed a military-industrial complex that increasingly occupies a vanguard position in the US economy (even more so than when Dwight Eisenhower warned against the dangers of the complex that led him to coin that phrase)?

It seems that the answer is the latter. But it is worth delving into the backdrop to war-mongering for war and profit’s sake.

There are wars of necessity, wars of opportunity and wars of convenience. Justification for war is usually made on the grounds that they are fought defensively for existential purposes, in the face of grave threats to the nation-state. This is the basis of Laws of War (Jus ad Bellum) arguments. Even so, larger powers may engage (“expeditionary”) wars of offensive opportunity or convenience, most often against smaller or weaker states, if they feel that they can produce an outcome that enhances their international position or achieve a specific goal (political, military or economic). The US invasion of Iraq was a war of opportunity, as the neocons leading the US security apparatus thought that they could redraw the post 9/11 political map of the Middle East by removing Saddam and placing, as it was referred to at the time, a land based aircraft carrier full of US troops in between Iran and Syria that would intimidate both of them. Afghanistan may or may not have been a war of necessity. Taliban-controlled Afghanistan itself did not pose an existential threat to the US, but its aiding and abetting of the 9/11 conspirators, to say nothing of the repercussions of the attacks themselves, advised in favour of a strike against the al-Qaeda safe havens located in that country. Then the conflict morphed into something else. Nation-building, peace enforcement, counter-insurgency, regime support–you name it, but all of these renamed conflict justifications have one common theme: no victory or end in sight.

Russia’s incursions into Georgia and the Ukraine were and are wars of opportunity that have allowed it to reinforce its border buffer areas, something that has been a tenet of Russian geopolitical thought dating back to the Czars. Likewise, Russian involvement in Syria is opportunistically designed to defend the Alawite regime (with or without Assad at its helm), protect Russian interests in Syria (including 100,000 Russian citizens as well as the naval base at Tartus), and increase Russian influence throughout the Middle East in the face of US reluctance to commit significant force in Syria during the Obama administration.

China has claimed that any move to deny it possession of the disputed artificial islands it has built on reefs in the South China Sea will be seen as an existential threat leading to a major regional war. Whether a bluff or not, it is clear that China has used the opportunity provided by US reluctance to confront it early in the island-building process as a means of expanding its littoral claims in accordance with the “three island chain” or “string of pearls” maritime strategy it has long promoted but until recently has not been able to implement (and in which the South China Sea is considered to be Chinese territorial waters within the first or innermost island chain).

Generally speaking, the syllogism upon which wars are fought goes like this: geopolitical position (including diplomatic, economic and security partnerships)–> threat environment–> strategic orientation–> force composition–> weapons acquisition–> tactical orientation–> force deployment–> operational tempo. Depending on the specific nature of this syllogism, nation-states wage wars of an existential, convenience or opportunistic sort. For example, as a small isolated maritime nation New Zealand should, by virtue of the logic embedded in this syllogism, have a naval dominant defensive force structure that emphasis anti-access/area denial capabilities over its littoral waters and sea lines of communication.

However, in practice the NZDF is an Army dominant force with limited blue water naval projection, no air supremacy component and a special operations branch (the SAS) that mainly serves in overseas expeditionary roles that are unrelated to existential threats to the homeland. The reason is that force composition is not just product of physical defense needs but also of alliance commitments and international politics, something that has seen the NZDF deployed in foreign combat zones that are unrelated to existential threats to the homeland since the end of World War 2.

That returns us to the US and its penchant for continuous war without victory. Regardless of what US politicians say or how “great” its military is, the US is a declining super power transiting from unipolar dominance to great power status in a multipolar world. Yet even when it was the international hegemon it was not clear that it had a full grasp of the need to have strategic coherence before it went to war. For example, for the entire post Cold War period and existing yet to this day, the US claims that it has a “2.5 major regional war” fighting capability (2.5 MRW). That is, it can simultaneously fight two and a half (whatever that means) major regional wars unassisted and prevail in all of them. But the reality is clearly not the case. The US not only cannot fight and prevail in the 2.5 MRW scenario, but it has needed multinational assistance to fight (and still not decisively prevail) in those that it has fought in the last 15 years.

The US makes weapons procurements that are designed to counter a mix of threats without establishing a hierarchy amongst them. The US spends more money on weapons technologies than any other country by a far stretch. In fact, US “defense” spending and the justifications for it are akin to the arguments about the US health system–and the results are similar (high costs tied to corporate manipulation, much technological innovation, excellent high-end delivery systems but less than desired outcomes across the board for the nation as a whole).

US strategic incoherence is rooted in broader disagreements about the thrust of US foreign policy.  Realists, neo-realists, neoconservatives and liberal interventionists compete for foreign policy dominance, yet no single school of thought has prevailed since the mid 1980s (idealists and constructivists had a brief moment in the sun under the first Clinton administration but were soon smothered by the weight of international events). Both the political elite as well as the foreign policy and national security bureaucracies are rendered by divisions amongst these competing theoretical camps, something that has made impossible a coherent approach to the application of armed force in foreign theatres (let it be noted that the US foreign policy and strategic approach has largely been guided by liberal interventionist precepts since the Bush 43 administration, but not to the extent that it has coalesced into a comprehensive theoretical framework for the conduct of US international affairs).

That is the crux of the matter. It is not just, as vulgar Marxists would say, that the military-industrial complex dominates US foreign policy because of its neo-imperialist imperative. There is something to that, but the real bottom line is that without a coherent strategic vision that connects the resort to war to the national, as opposed to corporate interest, then the latter will step into the vacuum and prevail in discussions about national security.

Wrap those discussions in nationalist/patriotic rhetoric festooned with flags and military paraphernalia at everything from car dealerships to football games, add incessant rhetoric about valour and sacrifice defending “freedom,” “democracy” or the US “way of life,” push the uncritical veneration of a “hero” or “warrior” military culture, and you have, in the absence of a genuine strategic rationale for going to war, the trumped up (yes, I did go there) reasons for turning the US into an incessant but ineffectual war machine. Glorification of war as a PR exercise over the course of decades and commercially tied to the minutia of American life is the opiate that feeds public delusion that the US should be the world’s laws enforcement agency and can in fact win any war.

The result is that the US increasingly looks and acts like a jumped up version of the former USSR–a steroid-jacked muscleman with deteriorated internal systems having trouble coping with anger management issues. Yet unlike the USSR, which tested its muscles selectively and avoided constant physical engagement in wars of convenience (and still fell), the US is a muscleman that is always looking for trouble. And trouble it has found.

The strategically incoherent yet endless resort to war in pursuit of profit is one major reason for the US decline. I shall address others in a post to follow.

Appearances are deceiving.

datePosted on 13:25, December 30th, 2016 by Pablo

In a recent editorial in the Herald an academic welcomes what he claims is a return to New Zealand’s “independent” foreign policy. As evidence he cites the Chinese rebuke of New Zealand for siding with the Permanent Court of Arbitration’s ruling in favour of the Philippines in its dispute with China over the legality of Chinese claims in the South China Sea, the remarks by New Zealand’s UN ambassador condemning Russia’s use of its Security Council veto to thwart humanitarian assistance provision in Syria, and New Zealand’s co-sponsorship of a UNSC resolution condemning Israeli settlements in occupied Palestine.

I disagree. None of these examples offer proof of “independence” in foreign policy. Instead, they represent long-standing New Zealand positions and, if anything, a pro-US orientation on all three issues.

I submitted my response to the Herald but it was rejected. So I publish it here.

When New Zealand campaigned for a temporary seat on the UN Security Council it rested its case in large measure on making progress on the Israel/Palestine conflict and pushing for a halt to the Syrian civil war on humanitarian grounds. With regards to Chinese building of artificial islands on South China Sea reefs claimed by (and sometimes in sight of) other countries, New Zealand has consistently urged adherence to international maritime law, particularly rules governing freedom of navigation, safe passage and non-militarisation of environmentally sensitive ecosystems. All of these positions were firmly staked out well before the supposed return to foreign policy independence.

The New Zealand position on the three issues dovetails neatly with that of the US, and in fact it was the US abstention on the UNSC settlement resolution, in a change from long-standing practice of vetoing any resolution critical of Israel, that made the difference in securing its passage. It is likely that the US signalled this shift in advance of the UNSC vote, thereby giving diplomatic cover to New Zealand and its co-sponsors.

“Independence” in foreign policy implies autonomy in decision-making and execution.  New Zealand does not have that. Instead, what New Zealand has is a “multifaceted” foreign policy that consists of three components: trade, diplomacy (including climate diplomacy) and security. These issue areas are not treated holistically, that is, as component parts of a larger scheme. Instead, they are approached compartmentally by the diplomatic corps (also known as being “siloed” in the bureaucratic jargon).

On trade New Zealand looks East, especially but not exclusively to China, for its material fortunes. It does so pragmatically, disregarding the human rights, environmental or political records of its trading partners. Diplomatically it rests on principle, seeking to reaffirm multilateral solutions brokered by international organisations like the UN and regional bodies such as ASEAN as well as upholding the rule of law in international relations. For security New Zealand acts practically and looks West, particularly to the other members of the Five Eyes intelligence network (Australia, Canada, the UK and the US). The latter also has a strong military component as a result of historical ties to the Anglophone world and the Wellington and Washington declarations signed in 2010 and 2012, respectively, which make New Zealand a first tier security partner of the US.

The overall conceptual mix underpinning New Zealand foreign policy is one of idealism or realism depending on what issue area is being addressed. That does not make for independence, which presumably rests on a core set of principles that extend across the field of diplomatic endeavour. If anything it is opportunistic and short-term in orientation.

New Zealand’s approach to foreign policy violates a maxim of international politics known as “issue linkage” where security partners trade preferentially with each other and vice versa. In this framework, diplomatic endeavour in discrete policy areas is treated as part of a larger long-term strategic plan that is coherent across all aspects of international exchange. However, in New Zealand’s practice, trade, diplomacy and security are treated separately, without an overarching strategic umbrella binding them together.

New Zealand’s approach ignores the reality of great power competition, specifically but not exclusively that between the US and China, where New Zealand finds itself economically dependent on one rival and security dependent on the other. Already the Chinese have begun to threaten New Zealand with economic reprisals if it continues to align its approach to the South China Sea disputes with that of the US (using as a pretext investigations into Chinese steel dumping in NZ, which the Chinese have issue-linked to the maritime dispute). The US has countered China’s rise by attempting to promote the Trans Pacific Partnership as a trade hedge against Chinese economic influence in the Western Pacific (now moribund as the result of the Trump election victory) and by re-emphasising its security commitment to New Zealand, most recently evident in the visits by Vice President Joe Biden and Secretary of State john Kerry and the port call by the USS Sampson on the occasion of the RNZN 75th anniversary celebrations.

Trading preferentially with one emerging great power while strengthening military and intelligence ties with its superpower rival does not make New Zealand “independent” unless one thinks that straddling a barbed wire fence while standing on ice blocks is a sign of independence. With the US and China on a collision course as their rivalry heats up across the spectrum of contentious areas, something that the Trump presidency is likely to aggravate, the time when New Zealand may have to choose a side may well be approaching. An independent country with an autonomous foreign policy grounded in a coherent long-term strategic plan would not have to make such a choice.

The current conundrum is the product of a turn away from independence that began after 9/11 when the 5th Labour government opted to begin the process of reconciliation with the US after the chilling of bilateral relations resultant from the 1985 non-nuclear declaration by the Lange government. Since the decision to become a model of Ricardian trade economics was made well before 9/11, the move to bilateral reconciliation with the US introduced an element of multipolarity to New Zealand diplomacy, something that has now become entrenched in its multifaceted approach to international affairs.

New Zealand diplomats will reject the suggestion that the country’s foreign policy is bipolar, multipolar or anything other than independent. They will say that the current approach allows New Zealand to put its eggs in several baskets and thereby avoid over-reliance on any one of them. That is good public relations (mostly for domestic consumption), but reality suggests otherwise.

In the current era of global politics where international norms and laws are continually violated with impunity (including those outlawing crimes against humanity and war crimes), and where international organisations have been shown to be powerless to stop even the most grotesque of atrocities, small states must increasingly chart courses of action in an arena dominated by great powers that have, in at least some cases, no interest in upholding or adhering to international norms and law, much less submit their sovereign decisions to the dictates of international agencies. That makes pursuing independence as a matter of principle perilous at best.

Perhaps the pundit cited at the beginning does not realise it (probably because he does not specialise in international relations theory or foreign policy practice), but the current international moment is more akin to a Hobbesian state of nature rather than a Rousseauian meadow. Trying to remain “independent” as a small state in such an environment is more likely to lead to the fate of Melos (which was destroyed by the Athenians when it refused to abandon its neutrality in the conflict between Athens and Sparta during the Peloponnesian Wars) rather than national security, peace and prosperity. In that light a multifaceted approach may be the least harmful course of action if for no other reason than the fact that pursuing foreign policy independence is impossible and potentially disastrous in a context where universal rules no longer apply and great power rivalries are starting to spill into conflict (be it armed, cyber or economic).

Be it by choice or necessity, New Zealand abandoned an independent foreign policy more than a decade ago. What it has been doing ever since is to play a compartmentalised three-sided game as a hedge against uncertainty in a world in transition, choosing friends, partners and allies as circumstances warrant. As a result it is now involved in counterpoised relationships with rival great powers at a time when international law and organisations are largely ineffectual. The conceptual ice upon which its foreign policy stands in slowly melting and the barbed perils of foreign policy contradiction are approaching in equal measure. The trend is irreversible.

This is New Zealand’s Melian Dilemma.

Cross-Link: New Zealand on the UN Security Council.

datePosted on 08:11, December 13th, 2016 by Pablo

I was asked by the nice people at the Briefing Papers to write a short essay on NZ’s recent tenure on the UN Security Council. Here it is.

Sailing aboard the SS Futility.

datePosted on 15:09, November 16th, 2016 by Pablo

The RNZN is celebrating its 75 anniversary through this upcoming weekend, with 18 foreign warships attending the events. There will be fleet review on Saturday and an open house on the ships on Sunday.  An exhibition of international naval history will be open throughout the week on the Auckland waterfront.

For the first time in three decades the US is sending a warship to NZ waters as part of the event. In doing so the US acknowledges and accepts NZ’s non-nuclear stance and the NZ government confirms that it can verify that the ship is non-nuclear propelled and armed via independent means (and quiet diplomacy). The ship in question is the USS Sampson, an Arleigh Burke class destroyer. Other nuclear powers represented at the celebration are China and India (and France and UK in lesser capacity), as well as a host of regional navies including Australia, Indonesia, Japan and several Pacific Island states. Ships from Singapore, South Korea and Canada will also participate.

The NZ Defense Industry Association is running its annual Forum concurrently with the RNZN celebrations. It gives NZ defense-oriented businesses an opportunity to take advantage of the presence of foreign military commanders in order to hawk their wares as well as exploit the opportunities provided by the NZ$20 billion in capability upgrades announced by the MoD/NZDF for the next fifteen years. Needless say, the combination of events has elicited opposition from a variety of groups.

Protestors have already blocked the venue of the defense industry meetings and more protests are scheduled for the next four days, including a flotilla on Saturday when the fleet will be on review in the Waitemata Harbour. Interestingly, some moron posing as a National MP suggested that the Terrorism Supression Act be amended to include protest flotillas as “terrorists” because they might terrorise the crews of the warships by accidentally getting run over by them. So much for intelligent representation but who knows, maybe someone at the defense industry Forum will have a marketable idea about non-lethal anti-dinghy defences that are designed to deal with such contingencies.

There seems to be several different elements in the protests. There are pacifists who are against the presence of warships of any sort as well as those who profit from the misery of war. There are those who are against the so-called “death merchants” but who do not necessarily object to naval forces (perhaps seeing them as a necessary evil). There are those who are anti-nuclear. There are those who are anti-imperialist. There are those who support indigenous sovereignty. There are those who are anti-American. There is some overlap between these factions but the core appears to be focused on two things: the defense industry Forum and the presence of the USS Sampson as symbolic of conjoined war-mongering evils.

Although one can not really argue against being opposed to “death merchants,” the reality is that like the tip of an iceberg, weapons manufacturers are a relatively small percentage of those exhibiting at the Forum (although major weapons providers like Lockheed Martin are major sponsors of it). Most of the NZ defense industry are logistics and support providers who often also have civilian branches to their businesses (for example, drone manufacturers, navigational technology suppliers and search and rescue equipment providers). At worst, one might consider them “enablers” rather than direct purveyors of instruments of death. Be that as it may, it is understandable why pacifists are opposed to the Forum. Simplistic, naive and righteous, but understandable.

The issue of the warships is a bit more complex. Although there are plenty of pacifists who are opposed to the entire notion of celebrating naval forces, many of the protestors appear to be more focused on protesting the presence of a US warship. This includes some of the ostensibly anti-nuclear types, who seem to have given a pass to the Chinese and Indians while focusing on the US boat. The same is true of the anti-imperialist crowd, who also are concentrating their attentions of the USS Sampson but seem unconcerned about the neo-imperialist ventures of other countries represented, to say nothing of the unhappy histories of places like Indonesia or Chile (whose visiting training ship Esmeralda was used as a prison for political prisoners during the Pinochet era). So that basically means that much of the protesters are anti-American more than anything else.

That stance has been made a bit harder to justify now that the USS Sampson has been diverted to do earthquake relief duties in Kaikura. After all, it is hard not to look silly when the focus of your protests is on a ship that is involved in humanitarian relief operations on your home soil and yet you ignore the authoritarian and often repressive histories of other countries represented in the visiting fleet. This is particularly true if the crowds at the naval expo, watching the fleet review and waiting to board the ships on open house day are larger than the number of demonstrators. Clearly they are not getting the message the protestors want to impart on them.

So the question is: what is the point of the protests?

If the answer is to support pacifism in its opposition to anything connected to war regardless of the ancillary civilian benefits of naval power such as disaster relief and regardless of public attitudes towards the military, then so be it. But if the answer is to selectively protest against the US and defense industry regardless of circumstance, well, that seems to be more of a futile gesture than a public education action.

The last thing the NZ Left needs to be seen as is silly and futile.

Media Link: The French are back, and in a big way.

datePosted on 18:39, September 14th, 2016 by Pablo

I spent some time talking with a Radio New Zealand reporter, who I must say is very well versed in the politics of the region, reflecting on the de facto admission of France into the Pacific Island Forum. Unlike the usual media sound bites, he gave me some room to reflect.

No Hard Feelings?

datePosted on 15:47, August 2nd, 2016 by Pablo

Sources in the US Navy have revealed that it will send an Arleigh Burke class guided missile destroyer to the RNZN 75th anniversary celebrations in November. The details of the participating ship have been sent to the New Zealand government but have not yet been released. However, I have it on good information that the ship will likely be the USS William P. Lawrence (DDG110). It is part of Pacific based Destroyer Squadron 21 and home ported at Naval Station San Diego. It is a relatively new ship, having been launched in 2009, christened in 2010 and entered into service in 2013.

Arleigh Burke class destroyers are gas turbine propelled and under peacetime conditions carry no nuclear munitions. So whether it is the USS Lawrence or a sister ship, the requirement that the visiting US grey hull be neither nuclear propelled or armed will have been met.

If indeed it is the ship being sent, the USS Lawrence has an interesting recent history. In May 2016 it participated in the freedom of navigation exercises the US Navy conducted in and around the Fiery Cross Reef in the disputed territories of the South China Sea that China has been building a reclaimed island upon. It has also conducted anti-poaching patrols and fisheries inspections in the Western Pacific in conjunction with local and regional fisheries agencies as well as the US Coast Guard, and undertook a recent port of call in Suva, Fiji. It most recently participated in the 30-nation Rim of the Pacific (RIMPAC) exercises off of Hawai’i. In its present deployment it serves as something akin to a regional USN “guard ship” for the Southwestern Pacific. It even has its own Facebook page.

Readers will know that I publicly suggested that the US send the USS Mercy, a hospital ship home ported at Pearl Harbour. My reasoning was that the hospital ship could symbolise the humanitarian side of US naval operations (something that is a core mission of the RNZN) and could even do stop-overs in island states on the way to and from Auckland in order to offer check ups and exams, vaccinations and other medical assistance to disadvantaged Pacifika populations. Sending a hospital ship would be good PR for the US Navy and would also help defuse some of the opposition to the visit because it would look pretty silly for an activist flotilla to try and block an unarmed humanitarian vessel when other nation’s gunships received no such hostile welcome.

But no. That would be too much to ask of the US Navy. Instead, what they are sending is a ship of the destroyer class that succeeded the class of which the USS Buchanan (DDG-14) was part. In 1985 the USS Buchanan had pretty much the same role that the USS Lawrence does today. So after all of these years of acrimony, the US Navy has decided to send NZ the same, updated version of the boat that it tried to send in 1985.

Symbolism, much?

A note on the US navy ship visit.

datePosted on 12:51, July 22nd, 2016 by Pablo

So the US has agreed to send a ship to the RNZN 75th anniversary celebrations in November. That means that it has accepted New Zealand’s non-nuclear policy and will send a ship that is neither nuclear armed or propelled. It may have taken 33 years for it to finally loosen up on its “neither confirm or deny” policy when it comes to nukes on board, but the US realises that the geopolitical and strategic environment in which that policy was adopted is long gone and has been replaced by another in which continuing to adhere to it is a matter of hubris that is both churlish and counterproductive. Given the pressing realities of Chinese strategic competition in the Western Pacific and elsewhere, the US needs to consolidate its alliance commitments in the region. If acknowledging New Zealand’s non-nuclear stance is one way of doing so, than any loss of face is well worth it.

Pundits on the NZ Left and Right have claimed that NZ has “won” in its dispute with the US and that it is a great “victory” for the anti-nuclear movement that took to the waters of the Waitemata Harbour three decades ago. Quite frankly, I find the crowing about victory to be infantile because there were many other factors at play and decisions such as this are not a simple matter of win or lose. Moreover, with the Wellington and Washington agreements and RNZN participation in the annual US-led RIMPAC naval exercises, the bilateral military relationship between New Zealand and the US is pretty much back to first-tier partner status regardless of the symbolic stand-off about nukes. Add to that the fact that US nuclear submarines regularly patrol around (and some suggest in) NZ territorial waters, and the reality is that NZ’s non-nuclear status does not impede US naval operations near its shores regardless of what is said in public.

The issue of the US “relenting” is all about context. First off, the strategic environment has changed considerably. It is well known that US surface ships, with the exception of carriers, are all diesel power and as of 1991 have not carried tactical nuclear munitions. Even if resurgent, Russia no longer poses the global nuclear threat to the US that it once did, and although China has emerged as the giant’s rival in the last two decades, it still has limited capacity to project blue water force deep into the Pacific in a measure that would constitute a direct challenge to US maritime interests. However, the Chinese are working hard to address that imbalance, evident in their land reclamation projects in the South China Sea and their overtures to South Pacific island states with regard to naval port visits and fishing rights, something that the US views with concern and which in part motivates Vice President Biden’s whirlwind tour of the region this week. Likewise, the re-establishment of the Russian Pacific Fleet also signals that the era of US maritime supremacy is now subject to contestation, so the US well understands that it needs all of its military allies working off of the same page when it comes to these new challenges. Recognizing the RNZN on its anniversary is one small way of doing so.

More importantly, from the moment President Obama stepped into the Oval Office he made de-nuclearization a cornerstone of his foreign policy. The Iran nuclear deal, the increased sanctions levied on North Korea, the slowing of advanced weapons sales to Pakistan, the repeated attempts to engage in bilateral strategic ballistic missile reductions with Russia–all of these efforts were undertaken as part of Obama’s vision of a safer world. It is therefore completely logical given his commitment to a world without (or at least with lesser amounts of) nuclear weapons, that under his administration the US would relent on the issue of NZ’s non-nuclear policy. In fact, it can be argued that the Obama administration wants to highlight its agreement with the principled commitment to a non-nuclear stance by authorising a US ship visit on a ceremonial occasion with symbolic significance given that several other nuclear powers will be among the 30 odd nations sending naval vessels to the celebrations–including its new competitors.

I have publicly suggested that the US send the USS Mercy, a hospital ship home ported at Pearl Harbour. It would symbolise the humanitarian aspects of naval deployments that the RNZN claims as one of its core missions and would defuse the grounds for opposition of protesters who see US warships as imperialist death platforms. Surprisingly, this suggestion has been ridiculed by some (most on the Right) who say that a ship without guns is not “exciting” and is not a real naval vessel. Given that navies around the world have tenders, tankers, tugs, intelligence collection vessels and assorted other non-combat ships, it strikes me as strange that some people think that the US decision to send a navy ship is a victory for NZ and yet that victory must be confirmed with a warship visit as opposed to something with a non-combat purpose. Given that the NZDF spends much time publicising its non-combat, peacekeeping and humanitarian roles, I would have thought that a visit by a US naval vessel whose purpose was something other than kinetic operations would be perfectly suited for the occasion.

In the end the decision by the US to accept the invitation to send a ship to the RNZN anniversary celebrations was a triumph of good sense over bureaucratic intransigence within the US defense establishment, pushed as much by the president’s commitment to a nuclear weapons-free world as it is by the evolving strategic realities in the Western Pacific Rim that require the US to consolidate its military alliance commitments in the region. Some in NZ may think that it “won” and the US lost with its change of posture, but a simple glance at geopolitical realities suggests that it was not the NZ non-nuclear movement that forced the change so much as it is the influence of much broader factors in a context when haggling about nukes on board is about as relevant to modern naval warfare as is arguing about the relative merits of spinnakers and mainsails.

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