US CONTINUING WITH OBAMA POLICY ON PIVOT TO ASIA INTERNATIONAL SEA BED AUTHORITY: A TOOTHLESS TIGER!

with Ravi Ladduwahetty-2017-09-06

The Asia-Pacific region is now a 'top priority' of US security policy. The US spending cuts would not affect the Asia-Pacific. The US is 'here to stay'.

– FORMER US PRESIDENT BARACK OBAMA IN AN ADDRESS TO THE AUSTRALIAN PARLIAMENT

The remarks of the Acting Assistant Secretary of State for South and Central Asian Affairs Alice G. Wells on Indo-Pacific Regional Architecture at the Indian Ocean Conference 2017, at Temple Trees, Colombo, Sri Lanka on 1 September 2017, gives us some insights of the US Policy towards Asia and particularly South Asia.

She begins her opening remarks with "Let me begin by reaffirming a long-standing facet of US foreign policy: that the United States is – and will continue to be – an Indo-Pacific power.

America's connection to this dynamic region is not new; more than two centuries ago, ships from New England, sailed along trade routes in the Indian Ocean, carrying spices, tea, and even ice between Boston and Kolkata.

In order to realize our shared goal of an Indian Ocean region that is open, principled, and resilient, we will need a robust regional framework for bilateral and multilateral cooperation – one in which all States have a say and are invested in decision-making and outcomes. Regional partners must adhere to a common vision that:

n Respects international law as reflected in the Law of the Sea Convention;

n Supports economic, political, and social linkages between South and East Asia;

n Develops the region's humanitarian and disaster relief capacity through maritime exercises involving all Indian Ocean partners; and

n Encourages Indian Ocean economies to embrace visa liberalization, competitive markets, and accessible medical and educational facilities.

Last Month, President Trump proclaimed that the United States is 'committed to pursuing our shared objectives for peace and security in South Asia and the broader Indo-Pacific region.'

This vision builds upon the Indian Ocean principles the President and Prime Minister Modi announced in June. Our desire for a common vision signifies our enduring commitment to this region and our shared goals of promoting peace, security, freedom of navigation, and a sustainable and open architecture across the Indian Ocean.

We invite every nation here to join in this common endeavour. And, through our collective leadership, we can be a model for the rest of the world."

OBAMA POLICY

The above sentiments expressed by the US Acting Assistant Secretary of State for South and Central Asian Affairs Alice G. Wells are a personification of the United States involvement in the Indian Ocean as the Sword of Peace in consonance with former President Barack Obama's vision of "Pivot to Asia" and also in line with the United Nations Law of the Sea which Conference, an august body which once had eminent Sri Lankan Civil Servant Hamilton Shirley (HS) Amarasinghe as its Chairman. Amarasinghe prior to this international appointment was Treasury Secretary during whose tenure Minister of Special Assignments Dr. Sarath Amunugama was a fledgling Ceylon Civil Service officer with a Peradeniya History First Class Special Degree and the CCS exams as well.

These principles of the Law of the Sea are also in line with Sri Lanka's sovereignty of an exclusive economic zone.

Whatever the Indian Zone of Peace is, Sri Lanka is also in line with the Law of the Sea, where we enjoy sovereignty in our territorial waters, and Sri Lanka too, has the right to an exclusive economic zone which is a perimeter of 200 nautical miles. Beyond that is what is known as the Global Commons, which is common property to all and the common heritage of mankind. That also means that no one could appropriate beyond the 200 nautical miles that are designed to each sovereign nation which comes under the purview of the International Sea Bed Authority. However, that was disputed by the United States as they did not want matters of displeasure with Nauru. Just imagine a country as small as the Maldives to visit on the technical matters of this magnitude!

It is also that of Sri Lanka wanting the Indian Ocean as a Peace Zone from the tenure of former Prime Minister Sirimavo Bandaranaike. Sri Lanka also wanted a Deep Sea Enactment Authority. However, with the above developments, the United States is not a State party to the UN Law of the Sea Convention.

The Pivot to Asia also does not mean that the larger countries could exploit the resources of the smaller nations. It is also mandatory for all of them to have the approval of the Indian Ocean nations abutting it.

Now it appears that the Indian Ocean is the cynosure of all eyes of all the super powers: The United States, Russia, China and India at least. China's interest is that all the ships crisscross through the Indian Ocean and also their Southern tip butts the Indian Ocean.

The Indian Ocean also spreads through the Antarctic. There is also a large mass of sea South of the Indian Ocean which both Sri Lanka and India have no control of which is beyond the 200 nautical miles which is a part of their territorial waters.

SPECIAL DENSITIES OF COBALT NODULES

It is also prudent to note that there is a rich resource in the bottom of the sea bed in the areas which are South of the borders of the Indian Ocean and that is nodules of Cobalt which could go into re-manufacture of radioactive materials.

The International Sea Bed Authority which has been set up as an arm of the United Nations system has now become a toothless Tiger in the eyes of the absence of the United States. It is also legal that the proceeds of the exploitations of these resources, even if the US participates in the extracting it or exploiting it, have to be shared with the countries within the Indian Ocean! They could be empowered to frame the laws, but they must be pragmatic,

Of course, there is the possibility of a Third World Diplomat which could insist that the US could exploit these resources, Cobalt or otherwise, but the heart of the matter is that the spoils have to be shared with the Indian Ocean countries and there lies the rub. The bus stops there. However, the irony is that the US is not a signatory to the Law of the Sea.

Former US First Lady and Presidential Candidate Hillary Clinton was very keen to get into this but the famous compromise of the former United Nations Secretary General from Peru Perez De Cuellar, who brought in a practical amendment to the Law of the Sea which allowed the US to have a bigger say, but the proposal did not go through the UNGA. Despite the US not being a State Party, it must comply with the Indian Ocean requirements of being a participant and not play the role of a Dominator.

PIVOT TO ASIA REMAINS

President Obama's Pivot to Asia will remain to counter China despite President Donald Trump's ethos of "letting other countries look after themselves". Politically also, the US does not want China to be there.

It is a battle between China's String of Pearls and the US hegemony in global governance. However, of late, the US is becoming less and less visible with the presence of the sleeping giant, a diplomatic euphemism for China.

China is fast emerging as the second economic super power in the eyes of the world but, it does not control or dominate the global political powers.

The US has all the powers and the communication skills. The only way that a part of the solution to be met would be for the Chinese population in the US to marry the Americans!

This columnist could be contacted at raviladu@gmail.com