About the Conference

At a time of geopolitical uncertainty and with multilateralism under pressure, this conference brought together diverse actors to explore the evolving role of international law on critical security and economic issues in the Asia-Pacific. From trade agreements to deep-sea mining, cyberwarfare to territorial disputes, the breadth of the discussion illustrated the growing reach of international law in the region.

Hosted by the International Law Programme and the Asia-Pacific Programme at Chatham House on 27 March 2019, the conference focused on three themes: trade and investment, maritime security and governance, and emerging security challenges. What trends are emerging in terms of engagement with international law in the region, and how can international standards play a greater role in encouraging collaboration and reducing tensions? And, with the eastward shift in geopolitical power, how will Asia-Pacific states shape the future of international law?

Julia Gillard, you became the first female prime minister in Australian history in 2010, what have been the challenges and opportunities for you as a woman working in politics? Have the obstacles women face in positions of power changed over the years, and if so, how? 

I want to start positive and say I’m a huge advocate for people going into politics – particularly women. I believe there’s no better way of putting your values into action than going into politics but I’m not going to pretend that there’s no gender bit.

There still is a gender bit and I experienced that personally. A disproportionate focus on appearance, a disproportionate focus on family structures – for example the fact that I didn’t have kids – and the gendered insults becoming the go-to weapon when politics got turbulent, which inevitably happens, as governments make decisions that not everybody agrees with.

In terms of politics past and politics present, I think a lot has changed for the positive. There are more women in politics now which means more role models for other women. There’s been more of an attempt to have the system offer flexibilities for work and family life too. In Australian politics, famously, the non-members bar was replaced by a childcare centre, so that’s giving you a sense that there has been progress. We’ve also just hit the stage where our Senate is now 50 per cent men and 50 per cent women.

But I do think that there’s a new toxicity for women that’s been introduced through social media – through the fact that it’s anonymous and people can say anything and the kinds of revolting material many women politicians receive. I think that there’s a new coarseness in our traditional media too which means things will be said about people in politics today, especially women, which would not have been put in the pages of respectable newspapers 10 or 20 years ago.

So, it’s a mixed picture, where there has been major steps forward but there are still some huge issues to resolve.

Following this year’s elections, there are now a record number of female members of parliament in Australia, yet some argue that women are still underrepresented across the major political parties, and over the past 20 years, the country has fallen from 15th in the world to 50th for gender diversity in its parliament.

Given some of the recent experiences of women in Australian politics, do you think the major political parties are doing enough to address gender diversity in their ranks? 

I certainly think on the Labor side of politics important changes have happened in our political party and the benefit of those changes has showed. I’m of that generation of Labor women that fought for an affirmative action target and we had that adopted as a Labor party rule in the early 1990s. It started at 30 per cent, and it’s gone up over time, and the benefit of that now is that the Labor Party is almost at 50-50 per cent men and women, coming off a very low base in the early 1990s where we were at 14 per cent men and women. 

The Conservative side for politics hasn’t embraced a target or quota as of yet. They have done some things, through mentoring and networking and training, but that hasn’t seen as significant a shift in the gender diversity in their ranks. They’ve moved slowly from when they were 13 per cent women to now where they’re in the mid-20 per cent. 

Of course that doesn’t mean the work within Labor is done: we’ve got to keep delivering to the affirmative action target, having women come through for all of the ministries, the Cabinet and for all of the portfolios and to make sure that we’re embracing the full diversity of women too. Australia is a very multicultural society and there is more to do to make sure that women – and men – in the Australian parliament represents that diversity. 

During your premiership, you delivered a famous speech on misogyny and sexism and described there being 'gender wars' in Australian politics. How far has Australia addressed its problems regarding everything from unconscious bias to gender stereotypes? Do you think social attitudes in Australia to women in leadership are changing?

I don’t think these issues are particularly an Australian problem. When I left politics, people kept asking me about my experiences and it became convenient for them to say ‘That’s Australia and its macho culture and Crocodile Dundee and all of that.’ I was always quick to point out, actually, a number of the insults hurled at me were first hurled at Hillary Clinton when she originally put her name forward to be considered as a candidate for US president. So this is not an Australian problem – it’s a global problem. 

I can see progress in Australia though. When I was prime minister, the sort of fashionable analysis by the press was that nothing, in my experience, had anything to do with gender – I was just being treated like every prime minister had always been treated.

Today, there is a very lively debate about sexism in Australian politics and about how women can feel excluded from these structures with various conservative women making complaints about bullying within their political party. So the preparedness to report issues due to the understanding of gender is now much higher and I’m a big believer that you never solve a problem unless you start talking about it so I’m glad we’re talking about it now.

From the implementation of ‘womenomics’ in Japan, to gender-responsive budgeting in Indonesia, countries around the world are making progress towards addressing gender issues, yet, structural and cultural barriers that prevent women’s economic, political and social participation remain.

What are the biggest barriers that women face around the world and do you think enough is being done to address these barriers?

I think so much is context-specific that it’s hard to say, but I would say, in some parts of the world, unequal access to education is the fundamental barrier.

Now that’s not true in the UK or in Australia, where the statistics tell you that disproportionately graduates today are women and not men, but if we look at many of the poorer parts of the world, like in sub-Saharan Africa and other places, there are 260 million children out of school – and the face of a child most likely to miss out is a female face. So there still needs to be a lot more progress on things such as equal access to education around the world. 

In many parts of the developed world, there is actually an assault now on long-held rights around women’s reproduction so I think that is another foundation stone – and then really it comes to a set of issues and barriers around the world of work and full access to every level of work.

Much of this is what we research at the Global Institute for Women’s Leadership because we continue to see workplaces and organizations that have a very traditional view of what merit looks like. It’s a sort of male-defined view of the world and it is one that is not inclusive of women. We are still seeing the unequal sharing of domestic labour which has ramifications for women’s engagement in the world of work and their ability to achieve leadership within it too. 

With a broad brush, I would point to all of this, but the most pressing problems that women continue to face varies from place to place.

Globally, increasing numbers of women are being elected to political office, from the first female president of Slovakia to the first female mayor of Tunis. This comes at a time of record numbers of female ministers in Egypt and Jordan as well as gender-balanced cabinets in 10 countries worldwide – six of which were achieved in 2018 alone.

Do you think women’s rights and gender equality are benefitting from more female representation in politics and how are female voters responding, if at all, to this increase in the number of women holding political office?

I think, even if women didn’t bring new policy perspectives to the world of politics, I would still be an advocate of gender equality in politics because I believe merit is equally distributed between the sexes.

If you see women being represented at less than 50 per cent then that’s got to mean that there are women of merit who didn’t get there – who should’ve gotten there. I think it’s important to make that point otherwise we’re saying ‘Women should only be there if, when they are there, they do this, this and this’. We don’t tend to put that ‘if’ in sentences about men.

But I do think the evidence shows that more women, being involved in politics, does diversify the public policy agenda. That doesn’t mean that a male politician couldn’t focus his career and advocacy on childcare or domestic violence or combating sexual assault or furthering women’s reproductive rights. But I think the evidence shows that there is a lived experience that women bring to politics that enables them to mobilize around a set of issues that are of particular concern to women.

On the role model effect, I think the evidence shows that, if women and girls do see role models, they are more likely to think that that is a pathway open to them. One of the things that does slightly concern me is whether that evidence is now retrospective evidence and whether the prospective evidence is going to be – because of the toxicity of social media – more women thinking about the real-world threats that being in politics presents for them. And so the role modelling effect will work in reverse because it will show how women are treated in politics is more of a negative than a positive.

I certainly hope this doesn’t happen and young women are encouraged to go into politics. That’s where we still have to shine a light on the positive aspects of what working in politics has to offer.

Despite all of the progress we are seeing, women are still faced with gender-based discrimination and gender-based violence, virtually and physically, with 40 per cent of women and girls living in countries which fail to guarantee basic standards of gender equality. What do you think needs to happen to ultimately realize women’s rights and gender equality globally? Are you hopeful this will be achieved in the future?

Yes I’m an optimist overall. People like to quote the great Martin Luther King quote ‘The moral arc of the universe bends towards justice.’ I believe that but I think sometimes the imagery of the arc as if it’s always in a forward movement hides the nitty-gritty struggle that is there beneath. 

Inevitably, at some points, it feels like there’s more of a backlash against women than a forward movement. But, over time, I’m an optimist that the forward movement wins through. 

I do believe we can reach a stage where societies are generating societies where women can live their lives free from the threat of sexual violence or discriminatory treatment based on gender.

Video: Marianne Schneider-Petsinger and Dr Yu Jie discuss key themes from the research paper

Summary

• The underlying driver of the ongoing US–China trade war is a race for global technological dominance. President Trump has raised a number of issues regarding trade with China – including the US’s trade deficit with China and the naming of China as a currency manipulator. But at the heart of the ongoing tariff escalation are China’s policies and practices regarding forced technology transfer, intellectual property theft and non-market distortions.
• As China’s international influence has expanded it has always been unlikely that Beijing would continue to accept existing global standards and institutions established and widely practised by developed countries based on ‘the Washington Consensus’.
• China’s desire to be an alternative champion of technology standard-setting remains unfulfilled. Its ample innovation talent is a solid foundation in its quest for global technology supremacy but tightening controls over personal freedoms could undermine it and deter potential global partners.
• It is unclear if Chinese government interventions will achieve the technological self-sufficiency Beijing has long desired. China’s approach to macroeconomic management diverges significantly from that of the US and other real market economies, particularly in its policy towards nurturing innovation.
• Chinese actors are engaged in the globalization of technological innovation through exports and imports of high-tech goods and services; cross-border investments in technology companies and research and development (R&D) activities; cross-border R&D collaboration; and international techno-scientific research collaboration.
• While the Chinese state pushes domestic companies and research institutes to engage in the globalization of technological innovation, its interventions in the high-tech sector have caused uneasiness in the West.
• The current US response to its competition with China for technological supremacy, which leans towards decoupling, is unlikely to prove successful. The US has better chances of success if it focuses on America’s own competitiveness, works on common approaches to technology policy with like-minded partners around the globe and strengthens the international trading system.
• A technically sound screening mechanism of foreign investment can prevent normal cross-border collaboration in technological innovation from being misused by geopolitical rival superpowers.

2019 saw a number of political developments in India that brought into question Prime Minister Narendra Modi and the Bharatiya Janata Party's (BJP) commitment to one of India’s founding principles: secularism. The fallout from Modi and his party’s revocation of Articles 370 and 35A, updates to the National Register of Citizens and the passage of the Citizenship Amendment Bill have arguably demonstrated that power-sharing arrangements based on group divisions and representations fail to accord adequate protection to minorities in India in line with the country’s constitution.

This panel assesses the capacity of India’s republican framework to withstand the BJP and Prime Minister Modi’s brand of nationalism. What do recent developments tell us about Modi and the BJP’s vision for India and how do we explain this paradox where, despite a strong political centre, the BJP is faced with regional insecurity?

How might India reconcile its behaviour in the domestic sphere with its ambition as an emerging power that supports the rules-based order? And in the year of its 70th anniversary, how compatible has India’s constitution proved with the country’s ongoing religious and cultural divides?

The ‘free and open Indo-Pacific’ (FOIP) strategy, actively promoted by the United States with support from its allies and partners, is a significant geopolitical response to China's growing power and expanding influence in Asia and beyond. Beijing has adopted various new strategies to cope with the challenges related to FOIP. One of these strategies is to secure a robust relationship with south-east Asia in order to make these regional states either neutral to or less supportive of the Indo-Pacific vision. In addition to economic statecraft and soft power, Beijing believes that it can also tap into the domain of non-traditional security (NTS) to strengthen relations with this region to position itself better in the intensifying regional geopolitical competition. The article addresses the following question: what is the impact of China's NTS cooperation with south-east Asia on Beijing's geopolitical rivalry with other major powers in the Indo-Pacific region? The article argues that China's NTS cooperation with south-east Asian countries may help China maintain its geopolitical standing in the region, but it is unlikely to lead to any dramatic increase of China's strategic influence in the region. This essentially means that Beijing may be able to prevent ASEAN or most ASEAN member states from lending substantive and strong support to the Indo-Pacific construct, but it will not be able to stop ASEAN states from supporting some elements of the FOIP.

Although the term ‘Indo-Pacific’ has become popular in the foreign policy discourse of some countries, we have yet to see any significant institution-building in the Indo-Pacific region. Borrowing insights from functional institutionalism and political leadership studies of international regimes, we introduce a ‘leadership–institution’ model to explore the problems and prospects of institutionalizing the Indo-Pacific. Through a comparative case study of the institutionalization of the Asia–Pacific vs the Indo-Pacific, we argue that two crucial factors contributed to the slow institutionalization of the Indo-Pacific as a regional system in world politics: the lack of ideational leadership from an epistemic community and the weak executive leadership from a powerful state. While ideational leaders can help states identify and expand common interests in cooperation, executive leadership will facilitate states to overcome operational obstacles in cooperation, such as the ‘collective action’ problem and the ‘relative gains’ concern. The future of institution-building in the Indo-Pacific will depend on whether and how these two leadership roles are played by scholars and states in the region. In the conclusion, we discuss the challenges of institutionalizing the Indo-Pacific and highlight China as a wild card in the future of Indo-Pacific regionalism.

The Belt and Road Initiative (BRI) has been regarded by international society as a major policy tool in China's geo-economic strategy. Under this policy platform, Beijing has pledged to invest billions of dollars in the infrastructure and industrial sectors across Eurasia and in the Indo-Pacific nations. It is widely believed that such huge amount of investment will inevitably generate significant geostrategic repercussions in these regions. In response to the BRI, the United States and other powers have come up with a ‘free and open Indo-Pacific’ strategy. This article attempts to address the following question: what impact is the BRI likely to have on the security ties between China and the other major players in the Indo-Pacific? The author finds that the BRI may significantly transform China's international security policy and the expansion of Beijing's security influence may further intensify the security competition between China and other major powers in the Indo-Pacific region. The article also proposes a new analytical angle for the study of geo-economics that unpacks the role of economic activities and processes in generating geopolitical intentions and catalysing geopolitical competition.

This article adopts a constructive approach to examining the problem of the Indo-Pacific construct. Through reflection on the east Asian experience, it proposes an analytical framework of developmental peace as a constellation of international practices, which means that the more economic development is prioritized by states in regional processes, the more likely it is that a sustainable peace will be achieved. States participating in regional integration comprise a community of practice. On the basis of a shared understanding that development is of overriding importance and underpins security and state legitimacy, the community takes economic development as the anchoring practice; this practice embodies and enacts constitutive rules and fundamental norms for a broader set of practices in regional processes, such as peaceful coexistence and non-interference. The more economic development is prioritized on domestic and regional agendas, the more likely it is that conflicts in the security realm will be relaxed or even resolved to protect security interests. The author draws some useful implications from the developmental peace in east Asia for the Indo-Pacific construct, among which the most important include building shared understandings on the prioritization of economic development, taking advantage of the Regional Comprehensive Economic Partnership (RCEP), Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Asian Infrastructure Investment Bank, and using the code of conduct process as a vehicle and best practice to facilitate rule-making for the maritime order. Finally, the author briefly discusses the contributions of the study and limitations of the model.

As a geographical concept, ‘Indo-Pacific’ has existed for decades. As a political and strategic concept, it has since 2010 gradually become established in the foreign policy lexicon of some countries, especially Australia, India, Japan and the United States. However, China seems to be reluctant to identify itself as part of the Indo-Pacific; Chinese leaders believe that the US-led Indo-Pacific strategy aims to contain China's rise. While the battle between the two geographical concepts ‘Indo-Pacific’ and ‘Asia–Pacific’ may be fairly easily settled in the future, US–China strategic competition has just begun. Will the Indo-Pacific become a battlefield for US–China rivalry? How will China cope with the US ‘free and open Indo-Pacific’ (FOIP) strategy? How will other regional actors respond to the US–China strategic competition in the Indo-Pacific? What are the strategic implications of the ‘Indo-Pacific’ concept for regional order transformation? How will the Indo-Pacific be institutionalized, economically, politically and strategically? This article introduces the January 2020 special issue of International Affairs, which aims to address those questions, using both country-specific and regional perspectives. Seven articles focus on the policy responses of major players (Australia, China, India, Indonesia, Japan and ASEAN) to the US FOIP strategy and related US–China rivalry in the region. A further three articles examine the profound implications of Indo-Pacific dynamics for regional institution-building and for geopolitical and geo-economic architecture.

Asia’s political class learnt many lessons on digital governance in 2019, not all of them positive.

The prolonged protests in Hong Kong and India, led by disaffected young citizenry and enabled by social media tools, powerfully demonstrated how things could spiral out of control when the virtual and the real streets come together.

Not surprisingly, governments across the region are taking a step back. Instead of placing the citizen at the heart of digital public policy – with privacy, trust, security and inclusion as drivers of digital governance – Asian governments are focusing instead on surveillance and command and control, which contradicts the spirit of a decentralized Internet and undermines citizen’s rights.

Asia’s digital governance is fragmenting from the global norm and morphing into two platforms with remarkably similar characteristics.

One is a China-driven model aptly called the Great Firewall where surveillance of citizens is an explicit objective and any external material deemed to be subversive is kept out. A complementary model has also emerged more recently, which can best be described as China-light, which seeks to emulate the control aspects of the Great Firewall.

There are of course overlaps between emulators of the China model (this list includes Vietnam, Myanmar, Cambodia and Laos) and those pursuing China-light (Singapore, India, Indonesia, Bangladesh, Sri Lanka, the Philippines, Thailand and Malaysia). A common thread running through these two approaches, which differ only in intensity and scope, is the belief that the state is best positioned to police social media and protect the rights of citizens.

This was not how it was supposed to be. A decade ago, Asian political leaders spoke about the virtues of an open internet. Such talk has faded, and a narrowing of Asia’s digital space is taking place against a backdrop of an intensifying trade war between America and China, where regional supply chains run the risk of a decoupling into distinct Sino and American spheres, upending Asia’s durable economic model of the past few decades.

Digital fragmentation in the world’s fastest growing region, with five G20 members, will complicate efforts to build global governance and standards.

Asia’s digital landscape

Asian governments, including democratic ones, have developed an unhealthy obsession with what their citizens are up to on a daily basis. Their solution is round-the-clock monitoring in cities and towns, powered by new surveillance technologies.

Name tagging and facial recognition to track movement of citizens has become pervasive across the region, with China emerging as the preferred source of technology, knowledge, and techniques. While India’s Supreme Court has ruled that privacy is a fundamental right, translating this into concrete citizen’s protections will be difficult with the Modi government eager to emulate China’s approach.

Asian governments are also following China in requiring that their citizen’s data be housed within national borders and are rebelling against the established practice of data offshoring.

In the post-Snowden era and amidst increasing cyber risks, there are rational national security reasons for why governments may want to ring-fence customer data within national boundaries. However, Asian governments are paying little or no attention to how companies are using customer data within national boundaries, with widespread abuses going unchecked.

Global standards are still evolving and there is a strong case here for a uniform regional approach, perhaps via ASEAN or APEC, on standards governing customer privacy, payments, data collection and handling. Big tech companies and platforms operate across much of Asia and a regional approach will curb their current instinct of conducting regulatory arbitrage.

There is a genuine problem in Asia, as elsewhere in the world, with the proliferation of fake news and extremism. But instead of addressing the source of this problem, governments are clamping down by generously expanding the definition of fake news (Singapore) or by shutting down the internet altogether (India, Sri Lanka, and China being serial offenders).

As disseminators of news of all stripes, including the fake variant, the big tech firms have a primary responsibility in policing their platforms. However, the regulatory capacity of many Asian governments to monitor this is weak and in crisis situations, governments prefer to shut the pipes altogether.

Digitalization of course is not all about surveillance and holds the promise of driving inclusion. There is considerable hype within Asia on the promise of fintech as an enabler of this inclusion.

Hong Kong and Singapore are licensing new digital banks, India’s UPI (unified payments interface) is reducing friction in domestic payments and China’s BAT companies (Baidu, Alibaba, Tencent) are disrupting traditional commerce and payments, and seeking to expand in the region.

However, there is an elite focus in many of these initiatives, with the target market being the region’s rising middle class rather than those at the bottom of the income ladder. Making fintech work for all will require micro-initiatives with the support of NGOs, local governments and small enterprises, with the objective of digitalizing microfinance.

Here developing Asia will again benefit from learning from each other and in building regional approaches. India’s Aadhar for example, with appropriate security safeguards, is a model for Asia in terms of building digital identity.

Given differing regional and national objectives, it is difficult to imagine a global accord for digital governance any time soon. However, by signing on to the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Agreement for Transpacific Partnership (CPTPP, the successor to the TPP), Asia has consistently demonstrated its leadership in trade and regional governance.

This is why the region needs to come together to ensure that the promise and potential of digitalization flows evenly and equitably to the region, with the region’s 3.8 billion citizens at the heart, rather than at the margins of sensible public policy.