Song, Yann-huei --- "An Overview of Regional Responses in the Asia-Pacific to the PSI" [2004] MarStudies 7; (2004) 135 Maritime Studies 1
[1] Originally this paper was delivered at the 3rd Global Forum Taiwan-Japan Dialogue, Tokyo, Japan, October 24, 2003. It was later revised and updated. (Prepared for CSCAP Maritime Cooperation Working Group and CSBM Working Group Joint Meeting, Hanoi, 26-27 May 2004.)
[2] Ph.D., Kent State University, Kent, Ohio, USA; J.S.D., University of California School of Law (Boalt Hall), Berkeley, California, USA. Dr. Song is a Research Fellow and Deputy Director at the Institute of European and American Studies, Academia Sinica, Taipei, Taiwan, R.O.C. He is also an adjunct professor at the National Taiwan Ocean University and Soochow University.
[3] Remarks by President Bush to the People in Poland, Wawel Royal Castle, Krakow, Poland, 31 May 2003, available at: http://www.whitehouse.gov/news/ releases/2003/05/print/20030531-2.html
[4] S Efron & B Demick, ‘11 nations to discuss revising law to thwart shipments of weapons,’ The Seattle Times, 12 June 2003.
[5] ‘Czechrep Joins Bush’s Initiative against Arms Proliferation,’ Czech News Agency, 8 April 2004.
[6] According to John Bolton, Undersecretary of State for Arms Control and International Security, US Department of State. See ‘Poland to host meeting to mark launch of U.S.-led WMD seizure plan,’ Japan Economic Newswire, 30 March 2004.
[7] ‘Declaration on terrorism issued at the meeting of the North Atlantic Council in Foreign Ministers Session held in Brussels,’ 2 April 2004.
[8] See ‘China to study Bush’s address and PSI, FM spokesman,’ Xinhua General News Service, 17 February 2004 and ‘Top US official seeks China’s support in stopping weapons proliferation,’ AFX News, 16 February 2004.
[9] Maria Pshenichnikova, ‘Russia, US continue contacts on Bush-proposed PSI,’ TASS, 10 April 2004.
[10] The Statement of Interdiction Principles for the Proliferation Security Initiative is attached at the end of this paper.
[11] That is, the Agreed Framework between the United States of America and the Democratic People’s Republic of Korea, signed on 21 October 1994. The text of the accord is available at: http://www. ceip.org/files/projects/npp/resources/koreaaf.htm
[12] Wang Shubai, Ge Xiangwen and Yan Feng, ‘Leaders Urge DPRK to Halt Nuke Project,’ People’s Daily, 28 October 2002.
[13] See Joint Statement by the Trilateral Coordination and Oversight Group, 7 January 2003. The text of the statement is available at: http://www.state.gov/ r/pa/prs/2003/16433.htm
[14] Paragraph 1, Article X of the NPT provides that ‘[e]ach Party shall in exercising its national sovereignty have the right to withdraw from the Treaty if it decides that extraordinary events, related to the subject matters of this Treaty, have jeopardized the supreme interests of its country. It shall give notice of such withdrawal to all other Parties to the Treaty and to the United Nations Security Council three months in advance. Such notice shall include a statement of the extraordinary events it regards as having jeopardized its supreme interests.’ While the provision requires a 90-day notice before withdrawal, North Korea claimed that it was not necessary since Pyongyang already declared its intention to withdraw in 1993. For the text of the Treaty, visit http://disarmament.un.org/wmd/npt/ npttext.html
[15] See ‘North Korea Nuclear Program Overview: History and Status,’ available in the Russian Nuclear Non-Proliferation Site at: http://www.nuclearno.com/text. aso?5084
[16] For Bush and Koizumi remarks in Crawford, Texas on 23 May 2003, visit http://www.whitehouse.gov/news/ releases/2003/05/print/20030523-4.html
[17] G Sheridan, ‘US “free” to tackle N Korea,’ The Australian, 9 July 2003.
[18] Deutsche-Presse Agentur, 10 July 2003.
[19] See Article 92 of the 1982 UNCLOS.
[20] RR Churchill & AV Lowe, The Law of the Sea, 3rd edition, Manchester University Press, Manchester, UK, 1999, pp. 209-220.
[21] As of 16 January 2004, there are 145 parties to the Convention. For the status of the convention, visit: http://www.un.org/Depts/los/convention_agreements/convention_agreements.htm
[22] For example, Senator James Inhofe, Frank Gaffney, president of the Center for Security Policy in Washington, and Peter Leitner, a senior strategic trade adviser in the Office of the Secretary of Defense take the position that accession to the convention would have negative impact on the PSI.
[23] See the statement prepared by John F. Turner, Testimony before the Senate Environment and Public Works Committee, Washington, DC., 23 March 2004. Admiral Vern Clark, Chief of US Naval Operations, Admiral Michael Mullen, Vice Chief of Naval Operations, Rear Admiral William Schachte (Ret.), Judge Advocate General Corps, United States Navy, and William Howard Taft IV, legal advisor to the US Department of State also take a similar view.
[24] Recommendation 29-1. The United States should accede to the United Nations Convention on the Law of the Sea. Preliminary Report of the US Commission on Ocean Policy, Governors’ Draft, April 2004, p. 359. For the report, visit http://www.oceancommission.gov
[25] A Ward, ‘Ship sparks escalation in US-North Korea dispute,’ Financial Times, 12 December 2002, p. 5; P Speigel, J Harding, and M Huband, ‘US releases cargo ship found with 15 Scuds,’ Financial Times, 12 December 2002, p. 1; B Slavin, ‘U.S. lets Yemen receive missiles,” USA Today, 12 December 2002; B Knowlton, ‘North Korean ship seized with Scuds,’ International Herald Tribune, 12 December 2002, p. 1 & p. 4.
[26] ‘Germany intercepts suspect nuclear-related shipment to N Korea – report,’ Agence France Presse, 26 April 2003; ‘N. Korean staff in Germany likely involved in “sensitive goods” acquisition,’ Agence France Presse, 13 May 2003.
[27] ‘Germany intercepts 30 tonnes of suspect chemical bound for N Korea: press,’ Agency France Presse, 18 May 2003.
[28] M Brown, ‘Masks in Court as 26 Crew Appear,’ Sydney Morning Herald, 23 April 2003, p. 5; D Hoave, ‘Moran link to drug ship ruled out,’ The Australian, 4 August 2003, p. 3; N Squires, ‘North Korea link to fresh heroin haul in Australia,’ South China Morning Post, 28 May 2003, p. 8.
[29] DE Sanger, ‘Cracking Down on the Terror-Arms Trade,’ The New York Times, 15 June 2003, p. 4.
[30] DE Sanger, ‘Evolving US military doctrine: preempting a preemptive war,’ The International Herald Tribune, 16 June 2003, p. 3.
[31] Fact Sheet: G-8 Summit – Preventing the Proliferation of Weapons of Mass Destruction, available at: http://www.whitehouse.gov/news/releases/2002/26/print/2002627-7.html
[32] National Strategy to Combat Weapons of Mass Destruction, Dec. 2002, available at: http://www. whitehouse.gov/, p. 2.
[33] Remarks by President Bush to the People in Poland, see note 1.
[34] ibid.
[35] N Kralev, ‘U.S. ask aid barring arms from rogue states,’ The Washington Times, 5 June 2003, p. A15.
[36] U.S. Actions at the G-8 Summit, In Focus: G8 2003, available at: http://www.whitehouse.gov/news /releases/2003/06/print/20030602-10.html
[37] ibid.
[38] Statement of John Bolton, Under Secretary for Arms Control and International Security, US Department of State, Committee on House International Relations, 4 June 2003, available in Federal Document Cleaning House Congressional Testimony.
[39] ibid.
[40] ibid.
[41] ibid.
[42] ibid.
[43] Joint Statement on the Proliferation of Weapons of Mass Destruction, available at: http://www. whitehouse.gov/news/releases/2003/06/print/20030625-17.html
[44] M Turner, ‘US drafts UN move to reduce flow of weapons,’ Financial Times (London, England), 18 December 2003, p. 14.
[45] ibid.
[46] For President Bush’s remarks, visit website of the National Defense University at: http://www.ndu.edu/.
[47] Abdul Qadeer Khan is known throughout the world as the father of Pakistan’s nuclear weapons program. He led an extensive international network for the proliferation of nuclear technology and know-how. Khan was accused of providing Iran, Libya and North Korea with designs for Pakistan’s older centrifuges and designs for more advanced and efficient models.
[48] The Protocol requires states to declare a broad range of nuclear activities and facilities, and allow the IAEA to inspect those facilities.
[49] Remarks by the President on Weapons of Mass Destruction Proliferation, 11 February 2004, available at: http://www.ndu.edu//
[50] Haider Rizvi, ‘Politics-U.N.: U.S. Pushes Plan to Go After Suspected WMDs,’ Inter Press Service, 27 February 2004.
[51] For the purpose of the resolution, ‘non-state actors’ are defined as ‘individual or entity, not acting under the lawful authority of any state in conducting activities.’
[52] C Lynch, ‘U.S. Urges Curb on Arms Traffic; U.N. Is Given Draft Resolution to Ban Transfers to Terrorists,’ The Washington Post, 25 March 2004, p. A20; J Aita, ‘U.S. Seeking U.N. Action to Keep WMD From Terrorists,’ The Washington File, 24 March 2004, available at: http://usinfo.state. gov.
[53] S McClellan, White House Press Secretary, White House Regular News Briefing, 28 April 2004.
[54] J Miller, ‘Panama Joins Accord to Stem Ships’ Transportation of Illicit Arms,’ The New York Times, 11 May 2004, p. A-11.
[55] ibid.
[56] ‘US wants nations to deny overflight rights to suspected WMD traffickers,’ Agence France Presse, 5 March 2004.
[57] M Richardson, ‘New spying techniques for a new threat,’ South China Morning Post, 16 April 2004, p. 15.
[58] T Parkinson, ‘Australia to host world weapons talks,’ The Age, 27 June 2003, available at: http://www.theage.com/au/articles/2003/06/26/1056449367077.html
[59] M Wilkinson, ‘US plan to intercept weapons,’ The Age, 5 July 2003, available at: http://www.theage. com.au/articles/2003/07/04/1057179157742.html
[60] See Proliferation Security Initiative Meeting Media Conference on Meeting Outcomes, 10 July 2003, Brisbane.
[61] Chairman’s Statement, Proliferation Security Initiative, Brisbane Meeting, 9-10 July 2003, available at: http://www.dfat.gov.au/globalissues/psi/index.html
See also Special Press Summary: Proliferation Security Initiative Meeting, Executive Summary, Virtual Information Center, 15 July 2003; Paul O’Sullivan, Chairman’s Statement: From Proliferation Security Initiative (PSI) meeting in Brisbane on 9-10 July, Policy Forum Online 03-37, 16 July 2003 http:// www.nautilus.org/fora/security/ 0336_Sulliven.thml
[62] G Gedda, ‘US: North Korea may be affected by weapons transfer interdiction plan,’ The Associated Press, 18 August 2003; E Labott, ‘Navy exercises may upset N. Korea,’ CNN News, available at: http://www.cnn.com/2003/WORLD/asiapcf/east/08/18/nkorea.exercises/index.html
[63] Seo Hyun-jin, ‘N.K. talks players jostle for position,’ The Korean Herald, 20 August 2003; SR Weisman, ‘Naval activity raises heat on N. Korea,’ The New York Times, 18 August 2003; and J Brooke, ‘N. Korea lashes out amid growing isolation,’ The New York Times, 19 August 2003.
[64] Weisman, loc. cit..
[65] ‘Baroness Symons Welcomes Outcomes of the Proliferation Security Initiative Meeting in Paris, 3-4 September,’ Hermes Database, Foreign and Commonwealth Office, 4 September 2003 (LexisNexis on-line News search, page not available).
[66] For the statement, visit the website of the White House at: http://www.whitehouse.gov/news/release/ 2003/09/ print/20030904-11.html
[67] ‘The Proliferation Security Initiative Serves Notice to WMD Traffickers,’ Foreign & Commonwealth Office News, 10 October 2003, available at: http://www.fco. gov.uk/
[68] DA Denny, ‘Bolton Says Proliferation Security Initiative Has “Twofold Aim”,’ US Department of State, International Information Programs, 18 December 2003, available at: http:// usinfo.state.gov/topical/terror/texts/03121822.htm
[69] Chairman’s Conclusions, Proliferation Security Initiative: Lisbon, 4-5 March 2004, available at: http://www.dfat.gov.au/globalissues/psi/psi_2004_chairman-conclusions.html
[70] ibid.
[71] For a detailed account on the exercise, see Special Press Summary: Exercise ‘Pacific Protector’, prepared by Virtual Information Center, 16 September 2003.
[72] JE. Carey, ‘Cooperation to prevent proliferation,’ The Washington Times, 28 December 2003, p. B05.
[73] ‘U.S. Navy admiral says there is “real threat” of terrorists trying to acquire weapons of mass destruction,’ Associate Press Worldstream, 16 January 2004 (LexisNexis on-line search, page not available).
[74] Adnan Malik, ‘U.S. and Allies Hold Maritime WMD Drill,’ Associated Press, posted on 17 January 2004 in CENTREDAILY.com, available at: http://www. centredaily.com/mld/centredaily/7735746.htm
[75] Defense Planning: Proliferation Security Initiative, Australian Diggers, posted on 15 January 2004, available at: http://www.ausmil.com/modules/ news/article.php?storyid=280
[76] ‘Frankfurt airport drill focuses on preventing transport of nuclear materials,’ Associated Press, 31 March 2004.
[77] ‘Safe Borders exercise in Wroclaw,’ PAP News Wire, 21 April 2004.
[78] ‘At least three interdictions in international anti-WMD effort: official,’ Agence France Presse, 15 January 2004 (LexisNexis on-line search, page not available).
[79] G Younge, ‘Uranium kit seizure pushed Libya to come clean,’ The Guardian (London) – Final Edition, 2 January 2004 (LexisNexis on-line search, page not available).
[80] M Lee, ‘US confirms cargo seizure that may have sealed Libyan WMD pledge,’ Agence France Presse, 31 December 2004 (LexisNexis on-line search, page not available).
[81] ‘Malaysia probes alleged Libyan nuclear link,’ Agence France Presse, 5 February 2004 (LexisNexis on-line search, page not available).
[82] ‘IAEA says Japanese company involved in exporting nuke parts,’ Japan Today, 7 February 2004, available at http://www.japantoday.com.
[83] ‘Libya’s nuke weapons designs originated in China: report,’ Japan Economic Newswire, 15 February 2004 (LexisNexis on-line search, page not available).
[84] ‘US calls on ROK to join Interdiction,’ Korea Times, 6 August 2003.
[85] ‘16 nations take part in weapons interdiction initiative,’ Japan Economic Newswire, 15 January 2004 (LexisNexis on-line search, page not available).
[86] P Goodenough, ‘China Opposes Pressure on N Korea; Wants Resumption of Talks,’ Cybercast News Sevice, 16 July 2003, available at: http://www. cnsnews.com/ForeignBureaus/Archive/200307/FOR 20030716a.html.
[87] ‘US diplomat says weapons and drugs shipments require a response,’ 11 July 2003, available at: http://www.abc.net.au/ra/newstories/RANewsStories_899570.htm.
[88] ‘Howard wants China’s input on N Korea,’ available at: http://www,abc.net.au/news/newsitems/s898567. htm.
[89] ‘How to Handle North Korea,’ Sydney Morning Herald, 11 July 2003, p. 12.
[90] M Richardson, ‘Between a rogue and a hyperpower,’ South China Morning Post, 12 December 2003, p. 17.
[91] ibid.
[92] ‘M Huband and J Kynge, ‘US calls on China to help curb spread of nuclear arms,’ Financial Times (London, England), 17 February 2004, p. 10.
[93] ‘Beijing silent on alleged Chinese nuclear weapons designs found in Libya,’ Agence France Presse, 17 February 2004 (LexisNexit News on-line search, page number not available).
[94] V Radyuhin, ‘Pakistan Must Plug N-Leaks’, The Hindu, 31 January 2004 (LexisNexit News on-line search, page number not available).
[95] ‘US fails to get Russia on board in fight against spread of WMD,’ Agence France Presse, 30 January 2004. (LexisNexit News on-line search, page number not available).
[96] See ‘Converting Threat Into Cooperation,’ The Moscow Times, 9 April 2004; M Pshenichnikova, ‘Russia, US continue contact on Bush-proposed PSI,’ TASS, 10 April 2004; Itar-Tass news digest of 10 April 2004.
[97] ‘Japan, others move forward hinder WMD smuggling,’ The Asahi Shimbun, 18 July 2003, available at: http://asahi.com/english/international/k2003071800205.html
[98] Namely: Japan, US, China, South Korea, Singapore, Thailand and Hong Kong.
[99] For the text of the declaration, see http://www. apecsec.org.sg/apec/leaders__declarations/2003.html%20
[100] ‘Top officials from 14 nations meet for talks on nuclear weapons scourge,’ Agence France Presse, 13 November 2003 (LexisNexit News on-line search, page number not available).
[101] For the text of the declaration, see Japan Economic Newswire, 11 December 2003 (LexisNexit News on-line search, page number not available).
[102]‘Govt to urge ASEAN care on WMD,’ The Daily Yomiuri (Tokyo), 6 February 2004 (LexisNexit News on-line search, page number not available).
[103]‘Singapore Naval Ship Joins US-Led Anti-Proliferation Drill,’ Japan Economic Newswire, 12 January 2004 (LexisNexit News on-line search, page number not available).
[104]‘Singapore, Japan agree to curb WMD material export,’ BBC Worldwide Monitoring, 10 January 2004 (LexisNexit News on-line search, page number not available).
[105]“Support for war in Iraq is in Singapore’s national interest: S. Jayakumar,’ Channel NewsAsia, 11 March 2004.
[106]‘Malaysia pledges to help US over nuclear shipments,’ Agence France Presse, 19 January 2004.
[107]J Burton and S Donnan, ‘US plan to guard Strait of Malacca not welcomed,’ Financial Times (USA Edition), 6 April 2004, p. 4.
[108]‘Indo-US Proliferation Talks Soon,’ The Times of India, 30 March 2004.
[109]ibid.
[110]Daily Press Summary for 14 April 2004, Global News Wire, 13 April 2004.
[111]The three key areas are: the PSI, ballistic missile defence, and practical measures to strengthen the global counter-proliferation architecture. See ‘The Threat of Proliferation: Global Resolve and Australian Action,’ speech of Australian Minister for Foreign Affairs Alexander Downer to the Lowy Institute, Sydney, 23 February 2004.
[112]G York, ‘Canada part of ship-intercept plan,’ The Globe and Mail, 16 February 2004.
[113]Statement of William Kristol, Chairman of the Project for the New American Century, House International Relations Committee, 21 April 2004.
[114]‘US Praises Taiwan for Seizure of Chemicals abroad North Korean Freighter,’ BBC Monitoring International Report, 13 August 2003; James Brooke, ‘World Briefing Asia: Taiwan: Suspect Chemical taken from North Korean Freighter,’ The New York Times, 12 August 2003, p. A6; ‘Taiwan Seizes Chemical Cargo from N Korean Ship,’ Channel NewsAsia, 13 August 2003.
[115]‘North Korea Radio Commentary Decries US for “Blockade” Manoeuvres,’ BBC Monitoring International Reports, 19 June 2003.
[116]ibid.
[117]RT Grey, Jr., ‘North Korea up in arms; UN resolutions could help matters,’ The Washington Times, 14 August 2003, p. A19.
[118]‘N Korea condemns Taiwan’s cargo seizure as US-led “criminal act”,’ Agence France Presse, 21 August 2003; ‘North Korea criticized Taiwan, US over search of ship, seizure of cargo,’ BBC Monitoring International Reports, 21 August 2003.
[119]ibid.
[120]‘North Korea Warns Japan of “Power Retaliation”,’ BBC Monitoring International Reports, 31 March 2004.
[121]‘Japan Postpones Sea Drills on Stopping WMD Smuggling,’ Asahi News Service, 30 March 2004.
[122]‘North Korean paper says US “accelerating preparations for nuclear war”,’ BBC Monitoring Asia Pacific – Political, 12 April 2004.
[123]ibid.
[124]The Missile Technology Control Regime, formed in 1987, is an informal and voluntary association of countries which share the goals of non-proliferation of unmanned delivery systems for WMD, and which seeks to coordinate national export licensing efforts aimed at preventing their proliferation. There are now 33 countries participating in the regime. For more information, visit its website at: http://www.mtcr. info/english/
[125]The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies was established in July 1996 by 33 participating countries on the basis of the Initial Elements. It was established to contribute to regional and international security and stability by promoting transparency and greater responsibility in transfers of conventional arms and dual-use goods and technologies, thus preventing destabilising accumulations. For more information, visit: http:// www.wassenaar.org/
[126]The Nuclear Suppliers Group is a group of nuclear supplier countries which seeks to contribute to the non-proliferation of nuclear weapons through the implementation of Guidelines for nuclear exports and nuclear-related exports. There are now 40 participating countries in the group. For more information, visit http://www.nsg-online.org/
[127]The Australia Group is an informal arrangement which aims to allow exporting or trans-shipping countries to minimise the risk of assisting chemical and biological weapons proliferation. All parties participating in the Australia Group are parties to the Chemical Weapons Convention and the Biological Weapons Convention, and strongly support efforts under those conventions to rid the world of chemical and biological weapons. There are now 34 participating countries in the group. For more information, visit http://www.australiagroup. net/