Australia should steer clear of the sanction fight between the US and China


Bruce Baer Arnold, University of Canberra

Even though Australia follows the United States in much of its policy, Australian exporters and consumers will be hoping we don’t get caught in the crossfire as the US and China impose sanctions on each other.

US President Donald Trump has the power to impose trade sanctions on China for its disregard of US intellectual property (IP) rights: patents, trademarks and copyright.

These sanctions could make Chinese exports more expensive or prevent access to the US market. China has already indicated it will play tit for tat, imposing its own sanctions.




Read more:
Trump’s $60 billion in China tariffs will create more problems than they solve


Trade disputes are often as much about rhetoric as about reality. China will remind the world that the US began as a pirate nation, harvesting European technological innovation and cultural production (such as work by Byron, Shelley, Dickens and Trollope) on the basis that it was a developing nation and because it could.

Away from the headlines China will likely take the US to the World Trade Organisation (WTO), a global mechanism for resolution of trade disputes. The US has announced it will take China to the WTO over patent violations.

The US will presumably ramp up claims with the WTO against other trading partners (such as India, Indonesia, Thailand and members of the European Union) that appear on its watch list for allegedly pirating US knowhow.

What this means for Australia

Academics such as Matthew Rimmer have astutely highlighted disadvantages for Australian consumers as citizens of an IP colony. This is where we import more than we export in content and pay a premium for work from overseas.

For example, we pay more than our US counterparts for software and hardware that most people take for granted. Our IP regime – in principle and practice – construes many violations of IP rights as piracy.

Our regime is aligned with that of the US. That reflects our traditional defence policy and the significance of US investment. What is good for US companies Microsoft, Pfizer and Disney is deemed to be good for Australia.

But joining in this cascade of retaliation will jeopardise economic growth, foster political unrest in developing economies and penalise consumers. The salient feature of economic growth over the past four decades has been globalisation – trade and investment across borders – rather that fundamental productivity gains through information technology.

Integration with the global economy (alongside the hollowing-out of local manufacturing and the TAFE system) mean that we cannot turn back the clock to the days of Alfred Deakin. Deakin’s grand compromise – the Australian Settlement – promised to protect small farmers, local manufacturers and workers behind walls that restricted migration and imports.

The headline-grabbling sanctions from Trump might also not necessarily be supported. Some business leaders recognise the importance of trade across the global economy and are perplexed by the current policy that seems to be driven by Trump’s late-night tweeting rather than anything coherent.

Where does that leave China?

China’s response has so far been cool. Moderation in the public arena highlights the idiosyncratic nature of Trump’s statements. It also reflects a deeper reality.

China wants to sell high-technology products to Australia, the US and other nations. One is example is 5G telecommunication networks from Huawei.

It wants the advantages that come from exploitation of the global IP regime, with its innovators and entrepreneurs building portfolios of patents and buying leading Western brands. It is likely to emulate what we saw with Japan: from “pirate” to IP citizen, complying with laws, within a few decades.




Read more:
Made in China: three ways Chinese business has evolved from imitation to innovation


Beijing is slowly strengthening the enforcement of IP rules in key regions such as China’s Pearl River Delta. In part that’s an effort to reduce the backlash in its export markets and it’s also a recognition that growth may be a matter of fostering innovation rather than copying or cheap labour.

The ConversationAustralia sources many manufactured items from China, with that production often dependent on US, Japanese and EU IP. Our own economy depends on exports of commodities; universities are dependent on overseas (particularly Chinese) students. So we don’t want to see an increase in international tensions and don’t want a slowing of the global economy because of a cascade of tit-for-tat sanctions.

Bruce Baer Arnold, Assistant Professor, School of Law, University of Canberra

This article was originally published on The Conversation. Read the original article.

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Beyond sanctions: a diplomatic path to peace on the Korean Peninsula



File 20171002 21580 6hnol7
North Korea has placed the Kim regime’s survival before any other priority.
Reuters/KCNA

Michael Hamel-Green, Victoria University

The ongoing war of words between the leaders of North Korea and the US has created international fears of a potential nuclear catastrophe. But each side’s actions go well beyond words.

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North Korea has conducted six nuclear tests since 2006, including its recent hydrogen bomb test and a spate of ballistic missile tests with ever-increasing range. The Trump administration, for its part, dispatched a naval armada to the region earlier this year, and recently conducted bomber flights close to the North Korean border.

But with much attention focused on both sides’ military moves, and on the rigorous enforcement of economic sanctions against North Korea, there has been little focus on calls for a diplomatic solution.


Further reading: Five assumptions we make about North Korea – and why they’re wrong


Where are we at currently?

Recent statements by the Trump administration and allies such as Australia appear to assume the impact of sanctions, coupled with demonstrations of overwhelming military capacity, will secure North Korea’s unilateral back-down.

Australia’s foreign minister, Julie Bishop, emphasised to the UN General Assembly recently that Australia would be vigorously pursuing sanctions of its own against North Korea. She argued such sanctions would “compel North Korea to abandon its illegal programs”.

Absent in Bishop’s speech, however, was an equally emphatic commitment to pursuing a negotiated diplomatic solution.

The most recent UN Security Council resolution against North Korea unanimously (China and Russia included) imposed a set of severe economic sanctions on the isolated country.

Less noticed in the US-drafted resolution was a quasi-military imposition of a naval interdiction of vessels transporting prohibited items from North Korea. This opens the way to a naval blockade of the country comparable to that imposed on Cuba at the time of the Cuban Missile Crisis in 1962. It also potentially creates a further source of military confrontation with North Korea.

At the same time, the resolution called for a diplomatic resolution of the crisis. This was little noticed in subsequent public debate.

The resolution seeks a resumption of the Six-Party Talks involving China, North and South Korea, Russia and the US on the basis of negotiating verifiable denuclearisation on the Korean Peninsula, a commitment to peaceful resolution of the crisis, mutual respect of sovereignty, and economic co-operation.

Sanctions might not work as they have in the past

Sanctions played a key role in the successful multilateral negotiation of the Iran nuclear agreement. However, they may not necessarily have the same impact in the case of North Korea. Its regime has long cultivated the ethos of self-reliance, and has made regime survival its top priority.

In this context, if war is to be averted, sanctions will need to be accompanied by a willingness to engage in substantive negotiations that might engage with the North Korean regime’s security and survival concerns.


Further reading: North Korea and Iran aren’t comparable – but Trump can’t tell the difference


It is sometimes argued that North Korea has never responded positively to negotiations. However, the 1994 agreement brokered by former US president Jimmy Carter did result in a significant pause in the North Korean nuclear program. There was verified compliance of North Korea’s ceasing plutonium production from 1991 to 2003.

The breakdown of the arrangement in 2003 was not wholly attributable to North Korea. The Bush administration’s delay in proceeding with agreed US oil shipments and full normalisation of political and economic relations played a key role.

What now?

In the case of the current crisis, it is unrealistic to expect North Korea to immediately surrender its nuclear and missile capabilities. Instead, it is important to initiate, without preconditions, a negotiation process involving phases.

Such a process would first seek an initial North Korean freeze on its current nuclear and missile testing programs in return for constraints on military drills close to its border. It would then move on to a possible longer-term resolution that tackles all parties’ legitimate security needs.

Experts such as Morton Halperin, a former senior security adviser to the Clinton, Nixon and Johnson administrations, have argued strongly for the need for a comprehensive agreement that would include elements like:

  • a Korean War peace treaty;

  • negotiation of a regional nuclear-weapon-free zone;

  • security guarantee inducements for North Korea to join such a zone; and

  • economic and energy assistance to North Korea.

Countries outside the region also have a key mediating role to play in breaking the current impasse on starting negotiations. Most recently, German Chancellor Angela Merkel has offered to play such a role, citing the process involved in the Iranian nuclear agreement.

The ConversationRather than talking of being “joined at the hip” in support of any US military “solutions” to deal with North Korea, Australia too could be far more proactive and constructive in promoting and facilitating multilateral negotiations to avert a catastrophic war or nuclear holocaust.

Michael Hamel-Green, Emeritus Professor, College of Arts & Education, Victoria University

This article was originally published on The Conversation. Read the original article.

Baseless Case Against Turkish Christians Further Prolonged


Justice Ministry receives international inquiry about progress of trial.

SILIVRI, Turkey, February 15 (CDN) — Barely five minutes into the latest hearing of a more than three-year-old case against two Christians accused of “insulting Turkishness and Islam,” the session was over.

The prosecution had failed to produce their three final witnesses to testify against Hakan Tastan and Turan Topal for alleged crimes committed under Article 301 of the Turkish penal code. The same three witnesses had failed to heed a previous court summons to testify at the last hearing, held on Oct. 15, 2009.

This time, at the Jan. 28 hearing, one witness employed in Istanbul’s security police headquarters sent word to inform the court that she was recovering from surgery and unable to attend. Of the other two witnesses, both identified as “armed forces” personnel, one was found to be registered at an address 675 miles away, in the city of Iskenderun, and the other’s whereabouts had not yet been confirmed.

So the court issued instructions for the female witness to be summoned a third time, to testify at the next hearing, set for May 25. The court ordered the witness in Iskenderun to submit his “eyewitness” testimony in writing to the Iskenderun criminal court, to be forwarded to the Silivri court. No further action was taken to summon the third witness.

International Inquiry

Judge Hayrettin Sevim, who has presided over the last five hearings on the case, informed the plaintiff and defense lawyers that recently his court had been requested to supply the Justice Ministry with a copy of relevant documents and details from the case file.

An inquiry outside Turkey about the progress of the case, he said, prompted the request.

Seven different state prosecutors have been assigned to the case since Prosecutor Ahmet Demirhuyuk declared at the fourth hearing in July 2007 that “not a single concrete, credible piece of evidence” had been produced to support the accusations against the Protestant defendants. After Demihuyuk recommended that the charges be dropped and the two Christians acquitted, he was removed from the case.

Originally filed in October 2006, the controversial Article 301 case accused Tastan and Topal, both former Muslims who converted to Christianity, of slandering the Turkish nation and Muslim religion while involved in evangelistic activities in Silivri, an hour’s drive west of Istanbul in northwestern Turkey.

After Turkey enacted cosmetic changes in the wording of Article 301 in May 2008, all cases filed under this law require formal permission from the justice minister himself to go on to trial.

According to the Turkish Justice Ministry, only eight of more than 900 Article 301 cases sent for review since the law’s revision have been approved for prosecution. On Friday (Feb. 12) the Justice Ministry declined in writing a Compass request last month for a list of the eight cases in question.

Despite the lack of any legally credible evidence against Tastan and Topal, the Silivri case is one of those eight cases personally approved by the Justice Minister.

According to a CNNTURK report dated Dec. 8, 2009, U.S. President Barack Obama raised the Article 301 issue with Turkish Prime Minister Recep Tayyip Erdogan during their last face-to-face meeting in Washington, D.C.

“I think those asking about this don’t know what Article 301 is,” Erdogan reportedly said. “Until now it has only happened to eight persons.”

This month the Organization for Security and Cooperation in Europe criticized Turkey’s revision of Article 301, declaring that the government should simply abolish the law.

The Parliamentary Assembly of the Council of Europe (PACE) in Strasbourg also warned earlier this month that Turkey is violating Article 10 of the European Convention on Human Rights to the extent that the European Court of Human Rights may impose sanctions on Turkey over Article 301.

Noting that the Assembly welcomed previous amendments to the law, the most recent PACE report declares it “deplores the fact that Turkey has not abolished Article 301.”

Report from Compass Direct News 

IRAN: COURT FINDS WAY TO ACQUIT CHRISTIANS OF ‘APOSTASY’


Tribunal tries to save face by claiming pastors never converted from Islam.

LOS ANGELES, October 30 (Compass Direct News) – An Iranian judge has ordered the release of two pastors charged with “apostasy,” or leaving Islam, but the defendants said the ruling was based on the court’s false claim that they confessed to having never converted to Christianity.

Mahmoud Matin Azad, 52, said he and Arash Basirat, 44, never denied their Christian faith and believe the court statement resulted from the judge seeking a face-saving solution to avoid convicting them of apostasy, which soon could automatically carry the death penalty.

Azad and Basirat were arrested May 15 and acquitted on Sept. 25 by Branch 5 of the Fars Criminal Court in Shiraz, 600 kilometers (373 miles) south of Tehran.

A court document obtained by human rights organization Amnesty International stated, “Both had denied that they had converted to Christianity and said that they remain Muslim, and accordingly the court found no further evidence to the contrary.”

Azad vehemently denied the official court statement, saying the notion of him being a Muslim never even came up during the trial.

“The first question that they asked me was, ‘What are you doing?’ I said, ‘I am a pastor pastoring a house church in Iran,” he told Compass. “All my [court] papers are about Christianity – about my activity, about our church and everything.”

Members of Azad’s house church confirmed that the government’s court statement of his rejection of Christianity was false.

“His faith wasn’t a secret – he was a believer for a long, long time,” said a source who preferred to remain anonymous.

During one court hearing, Azad said, a prosecutor asked him, “Did you change your religion?” Azad responded, “I didn’t have religion for 43 years. Now I have religion, I have faith in God and I am following God.”

If the court misstated that the two men said they were Muslims, it likely came from political pressure from above, said Joseph Grieboski, founder of the Institute on Religion and Public Policy.

“If the court did in fact lie about what he said, I would think it’s part of the larger political game that [President Mahmoud] Ahmadinejad and his factions are trying to play to garner political support for him,” Grieboski said.

Ahmadinejad, who is facing re-election, has approval ratings hovering above the single digits and has faced international criticism for the apostasy law.

“What he does not need is bad press and bad political positioning,” Grieboski said. “I would be shocked if [the acquittal] were not somehow involved in the presidential campaign.”

International condemnation of the law and of the proposed mandatory death penalty for those who leave Islam come as Iran faces new rounds of U.N. economic sanctions for uranium enrichment.

Upon his release, Azad said that no reason was given for the court freeing him and Basirat. Disputing the court’s allegation that they claimed to be Muslims, Azad said that he told his attorney, “Two things I will never say. First, I will not lie; second, I will not deny Jesus my Lord and my Savior.”

The two men are grateful for their release, he said, but they worry that their acquittal might merely be a tactic by the Iranian government to wait for them to re-engage in Christian activity and arrest them again. Their release could also put anyone with whom they associate in danger, Azad said.

There is another worry that the government could operate outside the law in order to punish them, as some believe has happened in the past. The last case of an apostasy conviction in Iran was that of Christian convert Mehdi Dibaj in 1994. Following his release, however, Dibaj and four other Protestant pastors, including converts and those working with converts, were brutally murdered.

A similar motivation could have prompted the judge to release the two pastors. Leaving their deaths up to outside forces would abrogate him from personally handing down the death penalty, Grieboski said.

“Even in Iran no judge wants to be the one to hand down the death penalty for apostasy,” he said. “The judge’s motivation [in this hearing] could have been for his own face-saving reasons, for the possibility of arresting more people, or even for the possibility that the two defendants will be executed using social means rather than government means. Any of these are perfectly legitimate possibilities when we start talking about the Iranian regime.”

The court case against Azad and Basirat came amid a difficult time for local non-Muslims as the Iranian government attempted to criminalize apostasy from Islam.

On Sept. 9 the Iranian parliament approved a new penal code by a vote of 196-7 calling for a mandatory death sentence for apostates, or those who leave Islam. The individual section of the penal code containing the apostasy bill must be passed for it to go into law.

As recently as late August, the court was reluctant to release the two men on bail. At one point Azad’s attorney anticipated the bail to be between $40,000 and $50,000, but the judge set the bail at $100,000.

The original charge against Azad and Basirat of “propaganda against the Islamic Republic of Iran” was dropped, but replaced with the more serious charge of apostasy.

Those close to the two pastors were relieved at the acquittal since they expected their detention to be lengthy.

“We had anticipated [Azad’s incarceration] would be a while, and then we got this notice that they were released,” said a family friend of Azad. “We were shocked by that.”

Azad described his four-month incarceration in positive terms. He said that while in prison he was treated with respect by the authorities because he explained that he was not interested in political matters and was a pastor.  

Report from Compass Direct News