Sunday, June 23, 2019

Monday in Washington, June 24, 2019


BREAKFAST ROUNDTABLE WITH AMERICAN CHAMBER OF COMMERCE IN MONGOLIA AND HIS EXCELLENCYOTGONBAYAN YONDON MONGOLIAN AMBASSADOR TO THE U.S. 8/24, 8:30-9:30am. Sponsor: AmCham Mongolia. Speaker: Jackson Cox, CEO, Woodmont International.

A CONVERSATION WITH PAKISTAN’S AMBASSADOR ASAD MAJEED KHAN. 6/24, 10:00-11:30am. Sponsor: Carnegie. Speaker: Asad Majeed Khan, Ambassador to the United States, Islamic Republic of Pakistan, Moderator: George Perkovich, Ken Olivier and Angela Nomellini Chair, Vice President for Studies, Technology and International Affairs Program, Nuclear Policy Program, Carnegie. 


JAM V. IFC: THE END OF ABSOLUTE IMMUNITY FOR INTERNATIONAL ORGANIZATIONS? 6/24, Reception, 5:30-7:00pm. Sponsors: Washington Foreign Law Society; American Society of International Law (ASIL). Speakers: John B. Bellinger, III, Head of Arnold & Porter’s Global Law and Public Policy practice, Former Legal Adviser, Department of State; Michael Matheson, Professor of Foreign Relations Law, GWU Law School, Former member, U.N. International Law Commission (invited); Ethiopis Tafara, Vice President and General Counsel, International Finance Corporation; Moderator: Antonia Tzinova, President, Washington Foreign Law Society, Partner, Holland & Knight. Fee

ROK-U.S. STRATEGIC FORUM 2019. 6/24, 11:30am-6:30pm. Sponsor: Korea Foundation, Korea Chair, CSIS. Speakers: Ambassador Richard Armitage, President, Armitage International; Ambassador Lee Sihyung, President, The Korea Foundation; Congressman Ami Bera (D-CA), Chairman, Subcommittee on Oversight and Investigations, House Foreign Affairs Committee, Co-Chair of Congressional Study Group on Korea; Ms. Joy Yamamoto, Director, Office of Korean Affairs, U.S. Department of State; Dr. Joon Hyung Kim, Professor, Handong Global University; Dr. Sang Hyun Lee, Senior Research Fellow, Sejong Institute; Ambassador Joseph Yun, Senior Advisor to the Asia Center, United States Institute of Peace; Former Special Representative for North Korea Policy and Deputy Assistant Secretary for Korea and Japan, U.S. Department of State; Dr. Haksoon Paik, President, Sejong Institute; Dr. Ramon Pacheco Pardo, KF-VUB Korea Chair, Institute for European Studies (IES-VUB); Reader (Associate Professor) in International Relations, King's College London; Dr. Jiyoung Park, Director and Senior Fellow, Center fgor Science and Technology Policy, Asan Institute for Policy Studies; Dr. Kurt Campbell, Chairman and CEO, The Asia Group; Former Assistant Secretary of State for East Asian and Pacific Affairs, U.S. Department of State; Dr. Thomas Christensen, Professor of International and Public Affairs and Director of the China and the World Program, Columbia University: Dr. Jae-ho Chung, Professor of International Relations, Director of the Program on US-China Relations, Seoul National University; Dr. Sangjoon Kim, Professor of Political Science, Yonsei University; Victor Cha, Senior Adviser and Korea Chair; Mark Lippert, Senior Advisor (Non-resident), Korea Chair; Sue Mi Terry, Senior Fellow, Korea Chair.

CLOSING THE GENDER GAP IN ARMS CONTROL, NONPROLIFERATION, AND DISARMAMENT. 6/24,
2:00-3:30pm. Sponsor: Nuclear Policy Program, Carnegie Endowment. Speakers: Author, Renata Dwan, Still Behind the Curve, Director, Institute for Disarmament Research, United Nations; Laura Holgate, Vice President for materials risk management, NTI, Director, Gender Champions in Nuclear Policy; Moderator: James M. Acton, Jessica T. Mathews Chair, Co-director, Nuclear Policy Program, Carnegie.


Saturday, June 15, 2019

Monday in Washington, June 17, 2019


CHINA’S PAYMENT SYSTEM: REVOLUTION, EVOLUTION, OR PASSING FAD? 6/17, 2:00-3:30pm. Sponsor: Brookings. Speakers: Claudia Biancotti, Visiting Fellow, Peterson Institute for International Economics; Frank Tuscano, Senior Manager, Royal Caribbean Cruises; Ltd.; Yiping Huang, Director, Institute of Digital Finance, Peking University; MODERATOR: David Dollar, Senior Fellow, John L. Thornton China Center, Brookings.
  
TRANSATLANTIC COOPERATION IN AN ERA OF CRISIS AND COMPETITION. 6/17, 3:15-5:00pm. Sponsor: Hudson Institute. Speakers: Michel Duclos, Special Advisor, Geopolitics, Institut Montaigne, Former French Ambassador to Syria and Switzerland; François Godement, Senior Advisor for Asia, Institut Montaigne; Ben Judah, Research Fellow, Hudson Institute; Peter Rough, Fellow, Hudson Institute; Ken Weinstein, President and CEO, Hudson Institute.

BEYOND GETTING GIRLS IN SCHOOL: ADDRESSING UNFINISHED BUSINESS TO ACHIEVE WOMEN’S EQUALITY. 6/17, 4:00-5:30pm. Sponsor: Center for Global Development (CGD). Speakers: Pamela Jakiela, Senior Fellow, CGD; Christina Kwauk, Fellow, Center for Universal Education, Brookings; Dana Schmidt, Senior Program Officer, Echidna Giving; Kehinde Ajayi, Economist at Africa Region Gender Innovation Lab, World Bank; Stephanie Psaki, Deputy Director of the GIRL Center, Population Council; Moderator: Justin Sandefur, Senior Fellow, CGD.

Office of the U.S. Trade Representative (USTR) holds public hearings from June 17 to June 21, 2019 and, the following week, from June 24 to June 25, 2019, regarding proposed tariffs on approximately $300 billion worth of Chinese products.

Japan's Adrift Peace Diplomacy

JAPAN'S IRAN PEACE DIPLOMACY - ADRIFT IN THE PERSIAN GULF?
And Observations on Peace with North Korea

BY Dan Sneider, Stanford University and APP member 

First appeared in the TOKYO REPORT for the JUNE 14, 2019 NELSON REPORT

Even if Prime Minister Abe had not been in Tehran when it happened, the attack on a Japanese oil tanker in the Persian Gulf would have riveted Japanese attention. As everyone knows, the vast bulk of Japanese energy supplies pass through that chokehold, a reality that has driven Japanese foreign policy in the region and globally since the days of the first oil crisis. Japan is a long-time practitioner of what the Tanaka cabinet called "resource diplomacy." That diplomacy has at times put Japan at odds with the U.S. and compelled Japan to seek to protect its own national interest in ensuring a steady supply of energy from the Gulf. Even when Japan is doing this, it seeks to avoid tensions with its only ally in Washington, or at least to downplay any visible gap in the positions of the two countries.

This delicate game was evident in the preparations for Abe's trip to Tehran this week. Japanese officials went out of their way to present this as a mission blessed, if not encouraged, by the Trump administration and by the President personally. They got Trump to sign off on it when he visited Japan and they carried a message of sorts to Teheran about negotiations and, as officials in Tokyo spun it, even a plea to release American hostages. In the readout of the meeting between Abe and Supreme Leader Ayatollah Ali Khamenei, provided by the Japanese government to their media, Abe supposedly told the Iranian leader that "the U.S. is ready to negotiate with Iran sincerely" and that "Negotiations with the U.S. will lead to Iran's development" and that "President Trump does not seek regime change in Iran." All talking points from Washington, dutifully conveyed, if less than true.

In reality, Abe's trip was motivated by the growing fear in Tokyo of an escalating series of events leading to conflict that would embroil the region. As Abe also told the Iranian leader, "No one wants a military clash. I am concerned about the escalating tensions." (For reference on how such an escalation might look, I strongly recommend readers go back to the very important scenario painted by former Obama official Colin Kahl in "This is how easily the U.S. and Iran could blunder into war" (Washington Post, May 23, 2019) one that senior officials in the intelligence community found highly credible.

Events later that day proved him right. The Trump administration immediately pointed fingers at Iran. Pompeo took it a step further and portrayed this as a deliberate act aimed at 'insulting Japan.' There are some in Tokyo, notably the hardline right represented by the Sankei Shimbun, who have immediately embraced this narrative. But that does not seem to be the view of most Japanese policy makers, or the public, so far.

Japanese do not link the tanker attack directly to Abe's visit, a senior Japanese journalist with long experience reporting in both the Middle East and Washington, told me last night. For now, the public has no basis to make that judgment he said, and as to the attack, "we don't know who did this."

Questions about the credibility of the accounts offered by U.S. military and administration officials are voiced in the U.S. but also in Japan. The owner of the Japanese tanker held a press conference in Tokyo Friday and cited reports from the crew to say that rather than a mine being fixed to the hull by Iranian gunboats, as the U.S. Central Command claimed, some kind of projectile was fired, twice, at the vessel. He also rejected the idea that it was a torpedo, a rumor circulated in some accounts, though his version did not answer the key issue of who was responsible for these attacks (New York Times account of the Tokyo press conference).

Abe himself delicately dodged this question today, briefing reporters on his 30-minute phone conversation with Trump about his trip. "I resolutely denounce the attacks, no matter who mounted them," he said. Abe also told Trump that he had conveyed his messages to the Iranians and recounted Khamenei's response, including his pledge not to make, possess or use nuclear weapons. And he very carefully warned both sides not to escalate:

"I believe that all parties concerned should exercise restraint to prevent from causing unforeseen situations and refrain from any action that could escalate tensions," Abe told reporters, according to Kyodo News service.

Japanese with long experience in the Middle East and in Japanese foreign policy reject the idea that this trip was some ill-conceived venture that foundered and should now be abandoned.

"I am very happy that Mr. Abe went to Tehran," a former senior Japanese foreign policy official who has had extensive contact with Iran over the last two decades or more told me early today. The former official praised Iranian President Rouhani, whom he first met long ago - -"he was very impressive, demonstrating a sense of balance which is rare with most Western leaders." In the view of this Japanese policymaker, Trump and the U.S. are attempting to "cut off the knees of Rouhani" in order to engineer the coming to power of a hardliner, as happened when former President Khatami was replaced by Ahmadinejad, thus setting the stage for conflict with Iran.

In the view of this, and other, Japanese foreign policymakers, Abe could not turn away the Iranian request to try to intervene to promote a return to dialogue and the restoration of the nuclear agreement (and an end to sanctions). "There is no other way out of this quagmire," he told me, while acknowledging that "Abe's room for maneuver is very limited." Khamenei only repeated what he has been saying since 2003 - -that Iran has no intention to manufacture or use nuclear weapons.

On the other hand, the Japanese former official told me, Pompeo's 12-point demand "is unrealistic, tantamount to a demand for a complete surrender. Of course, Abe could not take sides with such an American fundamentalist approach." To be fair, Secretary Pompeo earlier this month said the U.S. would negotiate without preconditions, though he did not repudiate those earlier demands.

Abe's attempt to extract some expression of interest in dialogue with Washington out of Khamenei failed for now, the former official said. But he should continue to press the U.S. to show some flexibility and persuade Tehran to reciprocate. "Since Abe has started this process, he should continue to follow this track, not just making one separate visit to Iran but encouraging the reconciliation process," he concluded.

This may strike many as hopelessly naïve, especially at this point. And it may be that Abe will retreat from this role quickly in response to American pressure. But it is significant, and this goes well beyond Abe personally, that senior Japanese policymakers are not buying into the escalatory rhetoric from Washington. They have a sober understanding of what it is at stake.


One Year after the Singapore Summit: Still in the Freeze 

Watching the events unfolding in the Persian Gulf makes it even more relevant to look at what passes for success in the foreign policy of the Trump administration - dealing with North Korea, a country that is a significant step ahead of Iran in the nuclear weapons race.

As we hit the first anniversary of the Singapore Summit between President Donald Trump and North Korean leader Kim Jong Un, the diplomacy between the two countries remains completely stalemated. The impasse that was evident at the Hanoi Summit in late February is unchanged. There have been no substantive talks of any kind, on any level, and contact had been confined to the passage of messages through the usual channels maintained by the intelligence services of North and South Korea and the U.S. Central Intelligence Agency.

This week, however, Trump revealed that he had received yet another "very warm, very nice letter" from Kim, prompting renewed talk of the possibility of a third summit. South Korean President Moon Jae-in, whose desperation to restart talks is obvious, immediately jumped in to reveal that he had seen the letter, suggesting it was transmitted via Seoul, and that it contained an "interesting part." Moon is trying yet again to be a mediator in restarting negotiations, pushing for a Kim visit to Seoul this month, ahead of a scheduled Trump visit to Seoul following the G-20 meeting in Osaka at the end of the month.

Most analysts remain deeply skeptical that this bloom of hopeful talk will lead to a new summit meeting, though no one wants to rule it out given the unpredictability of both leaders. Trump himself did not encourage this idea. He told reporters on Wednesday that he was fine with the status quo--a de facto freeze on nuclear and long-range missile testing, a dampening of war talk, and a claim of the victory of his personal diplomacy. "I'm in no rush," he said.

That may not be the case for either Kim or Moon. The North Koreans continue to signal that they are growing impatient with a status quo in which, in their view, they gave Trump bragging rights for successful diplomacy while they fail to get what they want--a lifting of the economic sanctions that continue to put significant pressure on the internal dynamics of North Korea.


To understand this reality, I recommend readers run out and buy a copy of the Washington Post's Anna Fifield's masterful new book on North Korea, The Great Successor: The Divinely Perfect Destiny of Brilliant Comrade Kim Jong Un. In tremendous detail, Fifield provides an account of a regime that is sitting atop a populace already exposed to a spread of marketization and of information about the outside world. Kim faces a populace that is increasingly restive and seeking change which cannot be delivered without opening up the economy.

The North Korean regime, as is its style, has not concealed its unhappiness over this impasse. In the latest expression of this view, the North Korean Ministry of Foreign Affairs issued a statement last week (June 4) warning that "the fate of the June 12 DPRK-U.S. Joint Statement will not be promising if the U.S. fails to carry out its obligation and keeps resorting to anti-DPRK hostile policy." The Americans must act "before it is too late," the official statement said, which for North Korea means accepting the limited denuclearization for sanctions lifting deal they put on the table in Hanoi. "There is a limit to our patience."

The Moon administration seems to share that sense of urgency. For Moon this is not only a question of domestic politics but also a deep-seated belief that the window of opportunity to achieve their dream of North-South engagement on the road to unification is closing fast. Within South Korea, the conservatives who have been largely silenced are increasingly vocal and harshly critical of what they see as hopeless naivete on the part of Moon.

As the conservative daily Chosun Ilbo opined yesterday (June 13, 2019):
When the Singapore summit took place a year ago, we expected the nuclear shadow-which has been hanging over the Korean Peninsula for a quarter of a century-to be lifted.....Since then, however, the DPRK has not taken even a single step toward the substantially dismantling its nuclear arsenal. Instead, it has continued to increase the production of nuclear materials and weapons. If there is anything we can call an 'outcome' [from the summit], it is the certainty that Kim Jong Un's willingness to denuclearize is fake....Only a fool would believe Kim is willing to give up his nuclear program, especially considering that after six nuclear tests and the successful launch of intercontinental ballistic missiles, he has already declared country's nuclearization complete.
It doesn't help that the North Korean regime is openly disdainful of the entreaties for engagement these days from Seoul. The death of Sunshine Policy founder Kim Dae Jung's wife, which should have prompted the dispatch of a delegation to her funeral, brought only a wreath and a letter delivered by Kim Jong Un's sister to Panmunjon. The liaison office set up with great fanfare is effectively not functional. Offers of aid for North Korea's claimed food crisis are rudely dismissed.

Where then are things heading? Can a third summit really take place in this environment? I sought the views of two well-known analysts of the Korean peninsula--former State Department senior official, and veteran of the 6-party talks and many engagements with North Korea, David Straub and Van Jackson, of Wellington University in New Zealand and author of a terrific book on the recent negotiations, On the Brink: Trump, Kim and the Threat of Nuclear War. Here is what they told me, worth reading carefully:

DAVID STRAUB: Trying to predict whether there will be a third U.S.-North Korean summit is a mug's game, because so much depends on what a profoundly ignorant, unscrupulous, and impulsive American president might do. No preceding American president was willing to meet the North Korean leader unless a major deal was prepared in advance. Trump has already met Kim Jong Un twice without even a shared understanding of on the definition of "denuclearization." So, Trump might meet Kim again, or he might not. And if he meets Kim, he might overrule his own advisers and accept a terrible "deal." Or maybe, as at the second summit, he might get cold feet and again walk away.

One thing is crystal clear: Kim Jong Un has not suddenly decided to give up all his nuclear weapons. And unless there is a clear prospect that a partial North Korean nuclear deal will proceed to complete denuclearization in a reasonable period of time, a partial deal would be a terrible deal for American, South Korean, and Japanese interests. It would allow North Korea to have its cake and eat it, too. It would allow North Korea to break out of the deal any time in the future it felt it convenient to do so. It would further undermine the sanctions regime against North Korea and further encourage the regime in its current course, while undermining U.S. credibility with both friends and foes.

Meanwhile, the South Korean president continues to push his version of the Sunshine Policy with incredible doggedness and incredible naivete. KBS TV, now dominated by Moon's people, devoted the first three segments of its main evening news program on June 13 to playing up the prospects for another inter-Korean summit and a possible breakthrough between the U.S. and North Korea on the nuclear deal. President Moon was shown saying that, as President Trump had indicated, there was a "very interesting" element in Kim's recent letter to Trump. Moon said it was still possible for him to meet with Kim before Trump visits South Korea at the end of the month and he expressed his great interest in doing so. KBS correspondents suggested that something was "clearly" in the works. KBS TV also suggested that the US should or might move to arrange meetings of divided families in North Korea and the U.S., and speculated that such ostensibly humanitarian moves might break the nuclear logjam between Washington and Pyongyang, just as Moon's people have been trying to use food aid to North Korea to get movement again on broader inter-Korean and U.S.-North Korean issues.

VAN JACKSON: There's no reason for a third summit. A third summit would prove that this administration and this president aren't capable of learning...but that doesn't mean there won't be one. Who would it benefit? Kim Jong Un, maybe Moon a little, and maybe Trump personally depending on the media narrative.

But it would be all downside for the U.S., for Japan, for South Korean conservatives, and for rational foreign policy. The US bureaucracy and Trump's team show no sign of budging off of FFVD/denuclearization, and there's no point of trying to negotiate with North Korea if that's the goal we promote for ourselves.

North Korea has no incentive to enter a REAL diplomatic process where we try and maneuver them into the denuclearization position they've spent the last 60 years trying to avoid. What I'm seeing from North Korean statements the last couple months is a belief that they're in a position of bargaining strength--because Kim believes the summits are something he earned through successful missile testing, not something brought about by maximum pressure--and their goal is sanctions relief with minimal reductions in the number of warheads, missiles, or fissile material it has, and minimal transparency. That's it.

Summits are Kim's only cost-free path to sanctions relief. North Korea keeps making allusions to ending the current de facto freeze on testing...and of course its program has continued this entire time. Those are signs that North Korea believes coercion, not capitulation, is the most effective way to get what it wants (surprise surprise). As a step 1, or even step zero, we need to establish an actual monitored freeze of its entire program for the sake of damage control. The status quo benefits North Korea strategically.

Everything about the situation is fixed, certain, and the conflict of interest is entrenched...except for the possibility that Trump decides something irresponsible in the name of ego. To the extent the situation with North Korea is malleable, it's malleable in a way that's basically all downside for the U.S.

Sunday, June 9, 2019

Monday in Washington, June 10, 2019

ADDRESSING AMERICA’S 21ST CENTURY PROBLEMS. 10:00am-Noon. Sponsor: Governance Studies, Brookings. Speakers: Sarah A. Binder, Senior Fellow, Governance Studies, Brookings; John Hudak, Senior Fellow and Deputy Director, Center for Effective Public Management, Brookings; Elaine Kamarck, Senior Fellow and Founding Director, Center for Effective Public Management, Brookings; Vanessa Williamson, Senior Fellow, Governance Studies, Urban-Brookings Tax Policy Center, Brookings; Michael Hansen, Herman and George R. Brown Chair and Director, Brown Center on Education Policy, Brookings; Makada Henry-Nickie, David M. Rubenstein Fellow, Race Prosperity, and Inclusion Initiative, Brookings; Margaret L. Taylor, Fellow, Governance Studies, Brookings; Senior Editor and Counsel, Lawfare; Jon Valant, Fellow, Brown Center on Education Policy, Brookings; Moderator: Darrell M. West, Vice President and Director, Governance Studies, Brookings.

THE MIDDLE EAST’S ECONOMIC OUTLOOK. 12:00-1:30pm, Lunch. Sponsor: Rafik Hariri Center for the Middle East, Atlantic Council. Speaker: Jihad Azour, Director, Middle East and Central Asia Department, International Monetary Fund, Moderator: Nonresident Senior Fellow, Rafik Hariri Center for the Middle East, Atlantic Council.

click to order
REPRESENTATIVE ADAM SMITH ON THE FY2020 NATIONAL DEFENSE AUTHORIZATION ACT. 2:00-3:00pm. Sponsor: International Security Program, CSIS. Speaker: Rep. Adam Smith (D-WA), Chairman, House Armed Services Committee; John J Hamre, President & CEO, CSIS; Moderator: Kathleen H. Hicks, Senior Vice President, Henry A. Kissinger Chair, Director, International Security Program, CSIS.

BOOK EVENT: JAPAN REARMED: THE POLITICS OF MILITARY POWER. 5:00-6:00pm. Sponsor: Japan Chair, CSIS. Speaker: Author, Sheila A. Smith, Senior Fellow of Japan Studies, CFR; Moderator: Michael J. Green, Senior Vice President for Asia and Japan Chair, CSIS. 

AMCHAM HONG KONG’S 50TH ANNIVERSARY RECEPTION. 6:00-8:00pm. Sponsor: US Chamber of Commerce.

RIZAL: THE HERO AS TRAVELER. 6:30pm. Sponsors: Sentro Rizal Washington DC; YS Philippines Society; National Commission for Culture and the Arts. Speaker: Prof. Ambeth R. Ocampo, Associate Professor and former Chairman of the Department of History, Ateneo de Manila University, Chairman, National Commission for Culture and the Arts (2005-2007), Chairman, National Historical Commission of the Philippines (2002-2011), President of the Philippine Historical Association. 

Friday, June 7, 2019

Abe's Politics Disguised as Foreign Policy

POLITICS DISGUISED AS FOREIGN POLICY: GETTING READY FOR ELECTIONS IN JAPAN 

BY DAN SNEIDER, Stanford University, APP Member


TOKYO REPORT, First appeared in The Nelson Report, June 7,2019

Japanese Prime Minister Abe Shinzo has embarked upon a flurry of diplomacy that has much more to do with politics back home than with foreign policy abroad.

Abe's diplomatic dance began with the hosting of Donald Trump for his Imperial audience. It continues with a visit to Iran on June 12-14, taking a stab at heading off the threat of war in the Persian Gulf, and it culminates at the end of the month with the hosting of the Group of 20 summit in Osaka. In between the Prime Minister has opened the door wide to a meeting with North Korea's Kim Jong Un, and tried to keep the door open as well to a long-sought agreement with Vladimir Putin to end Japan's postwar territorial dispute with Russia.

All of this can be read as yet more signs of a Japan ready, and eager, to play a global leadership role. For Abe, however, it is more important that this be seen as evidence of his personal prowess as a world figure, one whose continued presence in office is now intrinsically linked to Japan's status in the world. Whether this diplomacy yields real results, whether it is avoiding a damaging breakdown in the world trading system or a dangerous war in the Middle East, remains to be seen.

Abe, however, is thinking only weeks ahead. The primary audience for these displays of diplomacy are the Japanese voters who will go to the polls in late July to elect half of the House of Councilors, the upper house of Japan's parliament. Upper house elections tend to favor the opposition--the turnout is lower and the smaller number of single member districts makes it easier for the fractured opposition to agree, as they have done already, to join hands and run only a single candidate. Political experts project a likely decline in ruling party seats, though not enough to threaten their majority.

The ruling coalition of the conservative Liberal Democratic Party and the Buddhist Komei party will continue to dominate Japanese politics. But there is a personal peril in this election for Abe.

If the LDP does poorly, Abe's hopes of getting to a two-thirds majority sufficient to move ahead with long-held dreams of seeking a revision of Japan's pacifist constitution would be effectively dead. Even more seriously, Abe would face a resurgence of opposition from within the LDP where rivals are ready to jump at any sign of weakness. As we saw last year, when a series of corruption scandals hit, there are many would-be prime ministers who are frustrated by Abe's extended rule, now scheduled to go until at least 2021. He is already the third longest serving premier in Japanese history.

These political risks are paired with a growing economic danger - that the Japanese economy is heading into a serious slowdown, if not a recession, fueled by the already evident drop in Japan's global trade. An unresolved trade war between the US and China, and a possible breakdown in trade talks with the US that could lead to American tariffs on Japanese auto exports, could deepen this downturn. Looming in the fall is the planned increase in Japan's national sale tax, from 8 to 10 percent, considered essential for fiscal stability but now another possible trigger for recession.

For these reasons, Abe has been playing around with the option of calling a simultaneous snap election for the House of Representatives, the more powerful lower house of the parliament. A "double election" would bring out a greater turnout, make it far more difficult for the opposition to unite, and favor the better organized and better funded LDP. And this may be the last chance to get out ahead of an economic slowdown.

Double elections are relatively rare in Japanese political history. This has only happened twice, most recently over 30 years ago in 1986. Abe has been searching for a credible excuse to dissolve the Diet for Japanese voters. He was hoping for a diplomatic breakthrough with Russia, or with North Korea, to put before Japanese voters. But without a diplomatic excuse, the possible second postponement of the tax hike is the only ostensible reason to call a double election.

So far, the conventional wisdom among Japanese political reporters has been that a double election is likely, if not inevitable. But most seasoned American observers of Japanese politics, though not all, are skeptical that Abe would risk his leadership of Japan. That may reflect the worries American policy makers have about a Japan without the steady hand of Abe at the helm.

This writer sought out the views of some of the best American experts on Japanese politics about the prospects for both a tax hike and double elections. Among the experts I consulted were the doyen of Japanese politics experts, Columbia University's Gerald Curtis, who is renowned for his close ties to senior politicians; Temple University's Japan-based scholar Jeff Kingston; Tokyo University's Gregory Noble; and Teneo Consulting's Tobias Harris.

Among these American Japan watchers, Temple's Kingston, who writes frequently about Japanese politics, came closest to the views of Japanese political reporters.

"I think chances are better than 50/50 for a double election because the economic news is likely to worsen," Kingston told me. "Abe can come off the Trump summit and G20 striding tall on the international stage while the opposition looks like squabbling Lilliputians, unable to provide any real check. There is a risk of losing a two-thirds majority that would endanger the Holy Grail of constitutional revision, but that risk looks small. None of the opposition parties polls out of single digits. Abe's approval ratings are high, the economy is stagnant but Abe has shrugged off worse news and scandals to win."

A mandate to postpone the tax increase, pending economic results this summer, would be popular, Kingston and others believe. But Columbia's Curtis, who remains the leading American scholar of Japanese politics, took a very different view.

"I see no chance that the consumption tax will be postponed," Curtis told me in a June 4 email. "Abe has said, as recently as yesterday, that the tax increase will go ahead unless there is a Lehman shock level economic crisis. Whether there is a double election is a separate issue. Postponing the consumption tax wouldn't necessarily help the LDP in the election. The opposition would make the plausible argument that it was their pressure that forced Abe to postpone it."

While Abe can find an excuse to call an election, Curtis says, "I think the chances are small that he will do so. The LDP expects to lose seats, though not its majority with the Komeito, in the Upper House. It has to worry that dissolving the lower house and calling a double election will backfire and it will lose a lot of seats in the lower house as well. So, my expectation is no delay in the consumption tax increase and no double election, though I feel more confident about the former than the latter."

Tokyo University's Greg Noble is equally skeptical on both the tax hike and double election front, but he leaves the door open for Abe to do something unexpected - "Abe is not constrained by norms," Noble told me. But the Todai scholar leans against it.

"The smart money--and history--says that all this talk is just idle speculation designed to sell newspapers or confuse other parties," says Noble. "Same-day/dual elections have occurred only twice (1980 and 1986), most recently over 30 years ago, and even then, under very different political circumstances. The current term has a lot of time left, and there's no good reason to call an election. Nor does the public support dissolution now. Moreover, the ruling parties could lose their super-majority and ability to propose constitutional revision. Elections are always risky, and most Diet members would rather stay in office as long as possible. As for using yet another delay in raising the VAT as an excuse, count me among the skeptics."

When it comes to the economy, the Tokyo University scholar notes that there are traditional counter measures available to dampen the effect of the increase on consumption. The economy is slowing but still growing and there may not be any better moment to deal with Japan's fiscal problems. "This is not a particularly bad time to raise taxes," he told me. "Japan's public finances really are in terrible shape, and the credibility of its policymaking would take a severe hit if Abe whiffed yet again."

All that said, American political analysts see the political logic of Abe taking a chance on calling a double election. The main driver for this is to put the opposition on its heels. There is a very fragile agreement among the main progressive opposition parties--the Constitutional Democratic Party, the Democratic Party for the People, the Japanese Communist Party, the Liberal Party and the Social Democratic Party--to field a unified list of candidates in almost all of the 32 single seat constituencies for the House of Councilors. While that move poses a challenge for the LDP, "it does strengthen Abe's reasons for calling a double election," Teneo's Harris told me.

Opposition cooperation in a much larger field for the lower house - there are 289 single seat constituencies - is unlikely. "Having to compete in lower house races while cooperating in upper house races could stretch opposition parties' capacities to the breaking point," Harris believes. "That said, given that there hasn't been a double election in 33 years, it's hard to be certain exactly how the public will respond to one. But I suspect that if Abe's willing to do it, it's less of a roll of the dice than it might seem."

Bottom line is the situation is getting less predictable, even for Japanese political reporters. A senior political reporter who was sure a double election would be held a few weeks ago, now tells me privately that he sees more of his colleagues betting against it. He points out that the Komeito, whose voter base is essential for the LDP, is against holding a double election at this point.

Still, as this writer has learned the hard way, it is always a bad idea to bet against Abe finding a way to win. As Noble points out: "The opposition failed to nail Abe over the various scandals of last year, and right now Abe is back in the saddle, with a support rating of close to 50%, remarkably good for someone who has been in office six and half years...the temptation to crush the opposition yet again will be strong."

As American policymakers get ready for the G20 meeting in Osaka, or for trade talks with Japan, it would be good to have this in their minds. All politics are local everywhere, and all foreign policy is defined by politics, even in authoritarian regimes but especially in ones where voters still get to have a say in their government.

Wednesday, June 5, 2019

Japan's Hostage Justice

FORMER NISSAN CHAIRMAN ILLUSTRATES JAPAN’S NIGHTMARE CRIMINAL JUSTICE SYSTEM

By Jeff Kingston, Director of Asian studies at Temple University Japan, APP member and author of
 Japan (Polity History) and Contemporary Japan: History, Politics, and Social Change since the 1980s.

First appeared in the The Daily Caller, June 4, 2019

As G20 world leaders gather in Japan, they might spare a moment contemplating the fate of former Nissan Chairman Carlos Ghosn. His arrest has sent a chill through the international business community because his ongoing ‘prosecution’ by a steady drip of orchestrated media leaks smacks of bias. The prosecutors with the connivance of Nissan executives are trying the case in the court of public opinion, vilifying Ghosn and sending a strong message that he is guilty and stands little chance of being exonerated.

Too much face has been invested in taking him down to let some lawyer get him off. But how much face has been lost in the charade of his perp walk in handcuffs with the media fortuitously on hand as he was led off his private jet when he arrived in Japan? And then the farce of granting bail, re-arrest and now more severe bail conditions that prevent Ghosn from any contact with his wife?

This case illustrates how the Japan, Inc. of cozy insider networks is circling the wagons to prevent a merger with Renault, Nissan’s partner and majority stakeholder. Destroying Ghosn is the collateral damage of protectionism Japanese style.

Many foreign executives are heading for the exits, and now a summons from Tokyo to overseas managers gives them a sense of what life must have been like for KGB operatives during the Cold War when Moscow called them back for consultations. Just ask Ghosn’s close advisor Greg Kelly who was lured back to Tokyo under false pretenses and then arrested.

Ghosn may indeed be guilty but surely its time the prosecution proves its case in court because the longer this spectacle drags on the more damage is done to Japan’s reputation. It’s very hard to generate public sympathy for white collar suspects, but the Japanese prosecutors have managed to do so.

Some argue that Japan is showing its peers how to go after the big shots who almost always seem to skate free, but why this particular man at this particular time? It’s not as if there hasn’t been a cascade of Japanese corporate scandals in recent years, but none of these Japanese executives have been subject to hostage justice. We are told that they didn’t enrich themselves like Ghosn is alleged to have done, but clearly they were fudging data and covering up misconduct not because they were selfless corporate samurai, but were keen to protect their jobs, promotions and perks.

Japan’s system of hostage justice looks more like the rule by law than the rule of law, meaning laws are used as weapons against targeted people and not applied equally to everyone. Hostage justice boils down to the accused remaining in custody without defense counsel during questioning until they incriminate themselves by signing a confession. Many defendants buckle to the pressure and confess knowing their rights and freedom are hostage to the whim of prosecutors.

The Japan Federation of Bar Associations has long lobbied against hostage justice (hitojichi-shiho) because it is a hotbed of prosecutorial abuses. The JFBA criticizes the reliance on confessions and points out that many of them are coerced, leading to numerous miscarriages of justice. In April over one thousand lawyers and scholars submitted a petition to the Justice Ministry demanding an end to this antediluvian system. The petition doesn’t mince words, asserting, “The long-term detention in the Carlos Ghosn case has triggered surprise and criticism overseas, leading to doubts about Japan’s integrity as a democratic nation that guarantees human rights.”

The murky bribery case of Hiromasa Ezoe, the former chairman of Recruit, is instructive. Ezoe kept a diary while in detention in 1989 that became the basis for his 2010 book “Where is the Justice?” It is a nightmarish tale about life inside the maws of Japan’s judicial system. Badgered repeatedly during 113 days of detention, he claims prosecutors threatened they would arrest his friends and colleagues if he did not confess and so he did.

In 2003, Ezoe was given a suspended three-year prison term, a light sentence he regarded as vindication. In his view, he was punished for breaching society’s moral code rather than illegal actions. Back in 1989, the NYT reported that he might spend an incredible 15 years in court. As it turned out, that was only slightly off the mark.

In Japan the accused can be held for 23 days, renewable almost indefinitely as judges normally give prosecutors the benefit of the doubt. As Ghosn knows very well, judicial authorities resort to piecemeal charges so they can re-arrest suspects and thereby prolong detention without a lawyer sitting in on questioning. Ghosn spent 108 days in detention before being granted bail the first time.

According to the lawyers’ petition, “The ‘hostage justice’ system uses detention beyond its original purpose of securing suspects’ appearance in court and violates the human rights guaranteed by the Constitution of Japan, including physical freedom, the right to remain silent, and the right to a fair trial. The practice to refuse the release of those who deny their crimes can violate the prohibition of torture, as it uses sufferings caused by prolonged detention and interrogation to force confession.”

In recent years several convictions have been overturned because the prosecution invented, misinterpreted or ignored exonerating evidence, rendering the much-touted 99 percent conviction rate more of an embarrassment than bragging point.

The video that was released after Ghosn was rearrested makes clear that he attributes his legal problems to a palace coup orchestrated by executives who opposed the merger plan he backed. Some of those executives have cut deals with prosecutors in exchange for dishing the dirt on Ghosn.

Maybe it’s not a one-sided stitch up job, but until Ghosn gets to present his side of the case in court the judiciary will remain indicted by many Japanese advocates of the rule of law, human rights and fair trials alongside the international business community.

Sunday, June 2, 2019

Monday in Washington, June 3 2019

CONFLICT SCENARIOS WITH RUSSIA AND CHINA. 6/3, 10:00-11:30am. Sponsor: Brookings. Speakers: Jung Pak, Senior Fellow and SK-Korea Foundation Chair in Korea Studies, Foreign Policy, Center for East Asia Policy Studies, Brookings; Frank A. Rose, Senior Fellow, Security and Strategy, Foreign Policy, Brookings; Rush Doshi, Postdoctoral Fellow, Foreign Policy, Brookings; Caitlin Talmadge, Nonresident Senior Fellow, Foreign Policy, Center on 21st Century Security and Intelligence, Brookings; John Wissler, Lt. Gen. John E. Wissler, USMC (Ret.); President - JPW Solutions, LLC; Thomas Ehrhard, Vice President for Defense Strategy, The Long Term Strategy Group; Michael E. O’Hanlon, Senior Fellow, Foreign Policy Director of Research, Foreign Policy The Sydney Stein, Jr. Chair.

CHINA'S NEW RED GUARDS: THE RETURN OF RADICALISM AND THE REBIRTH OF MAO ZEDONG. 6/3, 11:00am-Noon. Sponsor: Wilson Center. Speaker: Jude Blanchette, Senior Advisor and China Practice Lead, Crumpton Group; Moderator: Robert Daly, Director, Kissinger Institute on China and the United States.

CHINA’S REPRESSION MODEL: TIANANMAN, TODAY, TOMORROW. 6/3, Noon-2:30pm, Lunch. Sponsor: National Endowment for Democracy. Speakers: Senator Bob Menendez (D-NJ), Ranking Member, Senate Foreign Relations Committee; Ambassador Sam Brownback, Ambassador-at-Large, International Religious Freedom; Bob Fu, ChinaAid; Dolkun Isa, World Uyghur Congress; Lhadon Tethong, Tibet Action Institute; Xiao Qiang, China Digital Times, University of California, Berkeley; Sophie Richardson, Human Rights Watch; Ttcat, Taiwanese Civic Tech Activist.

REBALANCING CYBERSECURITY IMPERATIVES: PATCHING THE SOCIAL LAYER. 6/3, 4:30-5:30pm. Sponsor: Institute of World Politics. Speaker: Dr. David Gioe, History Fellow for the U.S. Army Cyber Institute, West Point.

CITIZENS AS INSTRUMENTS OF NATIONAL POWER. 6/3, 6:00-8:00pm. Sponsor: Institute of World Politics (IWP). Speaker: Jim Hake, Founder, Spirit of America.