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jawboning as a first amendment problem

PART OF THE FALL SEMINAR SERIES

Join us on October 19th for our weekly seminar from 12 PM - 1 PM PT featuring Genevieve Lakier, Professor of Law at University of Chicago's Law School and CPC Co-Director, Nate Persily. This series is organized by the Program on Democracy and the Internet, and the Cyber Initiative at the William and Flora Hewlett Foundation.

For years now, scholars have expressed alarm at the tendency of government officials to pressure—or “jawbone”—social media companies into taking down what the officials consider to be harmful or offensive speech, even when no law requires it. Scholars have worried, for good reason, that the practice of jawboning allows government officials to evade the stringent constraints on their power to regulate speech imposed by the First Amendment. But relatively little attention has been paid to the constitutional question of whether, or rather when, government jawboning itself violates the First Amendment. In fact, answering this question turns out to be quite difficult because of deep inconsistencies in the cases that deal with jawboning, both in the social media context and beyond. In this talk, I will explore what those inconsistencies are, why the case law is so unclear about where the line between permissible government pressure and unconstitutional governmental coercion falls, and what kind of jawboning rule might be necessary to protect free speech values in a public sphere in which both private companies and government officials possess considerable power to determine who can and cannot speak.

  

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Speaker Profile:

Genevieve Lakier teaches and writes about freedom of speech and American constitutional law. Her work examines the changing meaning of freedom of speech in the United States, the role that legislatures play in safeguarding free speech values, and the fight over freedom of speech on the social media platforms.
 
Genevieve has an AB from Princeton University, a JD from New York University School of Law, and an MA and PhD in anthropology from the University of Chicago. Between 2006 and 2008, she was an Academy Scholar at the Weatherhead Center for International and Area Studies at Harvard University. After law school, she clerked for Judge Leonard B. Sand of the Southern District of New York and Judge Martha C. Daughtrey of the Sixth Circuit Court of Appeals. Before joining the faculty, Genevieve taught at the Law School as a Bigelow Fellow and Lecturer in Law. She will serve as the Senior Visiting Research Scholar at the Knight Institute at Columbia University for the 2021-2022 school year, where she will be supervising a project exploring the relationship between the First Amendment and the regulation of lies, disinformation and misinformation.


 

Genevieve Lakier,
Seminars
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Wednesday, November 17, 2021, 8:00am - 9:30am (Shanghai time)

Designing effective climate change mitigation and adaptation policies requires comprehensive assessment of the projected damages from climate change. However,  current climate policy is informed by outdated models lacking empirical grounding. In this talk, we use subnational mortality records across 40 countries to generate data-driven estimates of the global mortality consequences of climate change. We show that both extreme cold and extreme heat raise mortality rates, especially for the elderly, the poor, and populations that experience these extremes infrequently. These heterogeneous nonlinear responses to warming lead to highly differentiated projected impacts of climate change across the globe. In this talk we focus in particular on the Asia-Pacific region, where mortality risk generally rises with a warming climate, but projected damages differ substantially within and across countries. We conclude by demonstrating how these results can be used to inform local adaptation policy within an individual city, using Chengdu, China as a case study, and point to new developments in climate science that will enable future improvements in mortality risk assessment across Asia. 

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Tamma Carleton
Tamma Carleton is an Assistant Professor of Economics at the Bren School of Environmental Science and Management at the University of California, Santa Barbara. Her research combines economics with datasets and methodologies from remote sensing, data science, and climate science to quantify how environmental change and economic development shape one another. Tamma's current work focuses on climate change, water scarcity, and the use of remote sensing for global-scale environmental and socioeconomic monitoring. She is an active member of the Climate Impact Lab, an interdisciplinary team conducting an empirically-grounded global assessment of climate change impacts. Tamma joined the Bren School after a postdoc at the Energy Policy Institute at the University of Chicago. She holds a PhD in Agricultural and Resource Economics from the University of California, Berkeley, MSc.'s in Environmental Change and Management as well as Economics for Development from the University of Oxford, and a BA in Economics from Lewis & Clark College.

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Yuan, Jiacan
Jiacan Yuan is an Associate Professor of Climatology at the Department of Atmospheric and Oceanic Sciences at Fudan University, Shanghai, China. She is interested in understanding fundamental dynamical processes of the climate system and improving climate models, which could give us stronger predictive power and more accurate risk assessment of the changing climate. Jiacan’s current work focuses on understanding the physical processes and uncertainties in climate changes, with major emphases on compound heat-humidity extremes and sea level rise. She is also an active member of the Climate Impact Lab. Before joining Fudan University, Jiacan was an Assistant Research Professor at the Department of Earth and Planetary Sciences at Rutgers University. She holds a Ph.D. in Meteorology from Peking University.

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Solar panels and globe with text "Perfect Storm: Climate Change in Asia," APARC's fall 2021 webinar series
 This event is part of the 2021 Fall webinar series, Perfect Storm: Climate Change in Asia, sponsored by the Walter H. Shorenstein Asia-Pacific Research Center.

Via Zoom Webinar
Register: https://bit.ly/3DAaPA7

Tamma Carleton Assistant Professor, Environmental Economics, Climate Change, University of California, Santa Barbara
Jiacan Yuan Associate Professor of Atmospheric and Oceanic Sciences, Fudan University
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Cover of North Korean Conundrum, showing a knotted ball of string.

Read our news story about the book >> 

North Korea is consistently identified as one of the world’s worst human rights abusers. However, the issue of human rights in North Korea is a complex one, intertwined with issues like life in the North Korean police state, inter-Korean relations, denuclearization, access to information in the North, and international cooperation, to name a few. There are likewise multiple actors involved, including the two Korean governments, the United States, the United Nations, South Korea NGOs, and global human rights organizations. While North Korea’s nuclear weapons and the security threat it poses have occupied the center stage and eclipsed other issues in recent years, human rights remain important to U.S. policy. 

The contributors to The North Korean Conundrum explore how dealing with the issue of human rights is shaped and affected by the political issues with which it is so entwined. Sections discuss the role of the United Nations; how North Koreans’ limited access to information is part of the problem, and how this is changing; the relationship between human rights and denuclearization; and North Korean human rights in comparative perspective.

Contents

  1. North Korea: Human Rights and Nuclear Security Robert R. King and Gi-Wook Shin
  2. The COI Report on Human Rights in North Korea: Origins, Necessities, Obstacles, and Prospects Michael Kirby
  3. Encouraging Progress on Human Rights in North Korea: The Role of the United Nations and South Korea Joon Oh 
  4. DPRK Human Rights on the UN Stage: U.S. Leadership Is Essential Peter Yeo and Ryan Kaminski
  5. Efforts to Reach North Koreans by South Korean NGOs: Then, Now, and Challenges Minjung Kim
  6. The Changing Information Environment in North Korea Nat Kretchun
  7. North Korea’s Response to Foreign Information Martyn Williams
  8. Human Rights Advocacy in the Time of Nuclear Stalemate: The Interrelationship Between Pressuring North Korea on Human Rights and Denuclearization  Tae-Ung Baik
  9. The Error of Zero-Sum Thinking about Human Rights and U.S. Denuclearization Policy Victor Cha
  10. Germany’s Lessons for Korea Sean King
  11. Human Rights and Foreign Policy: Puzzles, Priorities, and Political Power Thomas Fingar

Desk, examination, or review copies can be requested through Stanford University Press.

June 2022 Update

The Korean version of The North Korean Conundrum is now available, published by the Database Center for North Korean Human Rights (NKDB). Purchase the Korean version via NKDB's website >>

To mark the release of the Korean version of the book, APARC hosted a book talk in Seoul jointly with the Database Center for North Korean Human Rights, on June 9, 2022.
Watch NTD Korea's report of the event:

View news coverage of the event by Korean Media:

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Balancing Human Rights and Nuclear Security

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Gi-Wook Shin
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Oriana Skylar Mastro
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This commentary was originally published by the Lowy Institute.


When Barack Obama announced the rebalance to Asia in 2011, he also revealed the rotational deployment of US Marines to Darwin. In the intervening decade, however, additional changes to US regional posture have been few and far between. As a result, leading US defense expert Michèle Flournoy has observed, “Washington has not delivered on its promised ‘pivot’ to Asia.” Australian experts have expressed concern that “the Biden administration lacks a sense of urgency about China as a near-term military competitor”.

In light of these critiques, the AUKUS deal, the tripartite agreement for the sharing of sensitive nuclear technology between Australia, the United Kingdom and the United States, sends a badly needed signal that the United States is serious about rebalancing to Asia.


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Critics of AUKUS have expressed a number of valid concerns. They worry that eighteen months is a long time to wait for clarity on the plan, and eighteen years would be too long to wait for submarines. Nuclear-powered submarines will prove difficult and expensive for Australia to master, and could create non-proliferation concerns. Washington, Canberra, and London will have to mend ties with Paris as well as concerned friends in Southeast Asia, especially Jakarta. Others have argued that the deal ties Australia too closely to the United States or creates unnecessary tensions with China (although we would dispute these last two assertions).

AUKUS is by no means perfect, but it demonstrates the Biden administration’s commitment to rebalancing its efforts towards Asia.

Despite these concerns, we still believe that the strategic logic of Australia acquiring nuclear-powered submarines justified the agreement. But for those who disagree about the value of the submarines, this should not by itself obviate the logic of the larger AUKUS deal. Australia and many other US allies and partners in the Indo-Pacific have long sought a clearer US commitment to the region and to their defense. That is what AUKUS provides. This is not only about nuclear-powered submarines; it is about a strengthened US commitment to Australia, and a more robust shared capability for defending Australian and American interests.

Urgent action has been required because China has modernized its military at an impressive rate over the past two decades. The People’s Liberation Army has grown from “a sizable but mostly archaic military” which “lacked the capabilities, organization, and readiness for modern warfare” to one that could take on the United States in regional contingencies, in particular Taiwan. As a result, US conventional deterrence against China has eroded. Part of the challenge is that the United States is not a resident power in Asia – it largely relies on its allies for its ability to project power there. To bolster its regional military posture, it needs more base access and fewer restrictions on the use of those facilities.

The United States has prioritized interoperability with its allies since the Cold War, as the ability to fight together against a common adversary could determine victory or defeat. But Washington still prefers to keep much of its most sensitive information, including advanced technology, close hold. To achieve deep interoperability and ensure that allied forces can not only operate together but be truly interchangeable, the United States needs to share more and establish infrastructure for cooperation on emerging technologies such as artificial intelligence. But none of this is possible if US partners aren’t willing to take the risk of upsetting Beijing. Countries in the region need to show China that they will not give in to its attempts at coercion – whether political, economic, or military.

The AUKUS agreement is a significant step towards meeting these demands. Australia will host US bombers on its territory and consider supporting US vessels at HMAS Stirling, two items that have long been on Washington’s wish list. Australia is also the first country to receive access to US naval reactors since the technology transfer to the United Kingdom in 1958 – a sign that the United States is shifting its mentality on sharing sensitive information with its closest allies. This is a critical step toward “pooling resources and integrating supply chains for defense-related science, industry, and supply chains” to ensure a technological edge over China. Through these efforts to build “federated” defenses, the Biden administration may finally be taking US alliances into the 21st century.

It is unsurprising that China responded to AUKUS with a canned claim that it harms regional stability, encourages arms races, undermines nonproliferation efforts, and reflects “an outdated zero-sum Cold War mentality”. But Chinese commentators also recognize that Australia plays a critical role in Asia, and view this as a sign that countries are willing to come together to push back against Beijing. Social media postings more directly express concern that a counterbalancing coalition is forming despite economic dependence on China. After all, rather than kowtowing to Chinese economic pressure, Australia has cooperated with the United States in two of the most sensitive military areas – nuclear power and undersea warfare.

As the United States, Australia, and other countries work to build resiliency against Chinese coercion and bolster deterrence against Chinese aggression, there are going to be tradeoffs. AUKUS is by no means perfect, but it demonstrates the Biden administration’s commitment to rebalancing its efforts towards Asia, and adjusting to a new strategic environment. Although the agreement will not change Chinese behavior, it sets Washington, Canberra, and London on an important course. Allied leaders should examine ways to strengthen the deal and built on it, lest this is seen as another false start in America’s long-promised rebalance to the region.

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Australian Navy submarine HMAS Sheean
Commentary

AUKUS Is Deeper Than Just Submarines

While the Australia-UK-US security pact shows a seriousness about naval power, the biggest story is the radical integration of leading-edge defense technology and a new approach to alliances, South Asia Research Scholar Arzan Tarapore argues.
AUKUS Is Deeper Than Just Submarines
Taiwan island seen from mid-air.
Commentary

What the U.S. Withdrawal From Afghanistan Means for Taiwan

In a New York Times opinion piece, Center Fellow Oriana Skylar Mastro argues that the U.S. withdrawal from Afghanistan does not represent a potential catalyst for an impending Chinese attack on Taiwan.
What the U.S. Withdrawal From Afghanistan Means for Taiwan
Figures of Kuomintang soldiers are seen in the foreground, with the Chinese city of Xiamen in the background, on February 04, 2021 in Lieyu, an outlying island of Kinmen that is the closest point between Taiwan and China.
Commentary

Strait of Emergency?

Debating Beijing’s Threat to Taiwan
Strait of Emergency?
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USS Key West during during joint Australian-United States military exercises Talisman Sabre 2019 in the Coral Sea.
The fast attack submarine USS Key West leads a formation of U.S. Navy, U.S. Coast Guard, Royal Australian Navy, Royal Canadian Navy and Japan Maritime Self-Defense Force ships as they sail together during Talisman Sabre 2019. | US Navy via Department of Defense
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This is not only about nuclear-powered submarines; it is about a strengthened US commitment to Australia.

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Asia Health Policy Program (AHPP) 2021-22 Colloquium series "Aligning Incentives for Better Health and More Resilient Health Systems in Asia”

Friday, November 12, 2021, 7:30am - 8:30am (Jakarta time)

Dr. Alatas will discuss her research on promoting vaccination in Indonesia and the impact of the pandemic on Indonesia’s society and economy more generally, including on poverty, human capital, and development.

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Vivi Alatas 4X4
Vivi Alatas is an  economist with passion for evidence-based solutions.  She is CEO of Asakreativita, a consulting and Edtech company that she established in 2020. Formerly she was a Lead Economist of the World Bank, where she led a team of seasoned local and international economists in producing several flagship reports for national and global audiences, including ‘Targeting Poor and Vulnerable Households in Indonesia’, ‘Making Poverty Work in Indonesia’ , ‘Indonesia’s Rising Divide’, ‘Indonesia Jobs Report’ and “Aspiring Indonesia – Expanding the Middle Class”. She has presented various of these research findings to the President, Vice President, Ministers and Deputy Ministers. She also has written several journal articles on poverty, inequality and labour issues. Some of the papers were written in collaboration with Nobel Laureates Abhijit Banerjee and Angus Deaton (who was also her advisor at Princeton).

Via Zoom Webinar
Register: https://bit.ly/3FmTUTp

Vivi Alatas CEO, Asakreativita
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Nathaniel Persily
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The disclosures made by whistleblower Frances Haugen about Facebook — first to the Wall Street Journal and then to “60 Minutes” — ought to be the stuff of shareholders’ nightmares: When she left Facebook, she took with her documents showing, for example, that Facebook knew Instagram was making girls’ body-image issues worse, that internal investigators knew a Mexican drug cartel was using the platform to recruit hit men and that the company misled its own oversight board about having a separate content appeals process for a large number of influential users. (Haugen is scheduled to appear before a Congressional panel on Tuesday.)

Facebook, however, may be too big for the revelations to hurt its market position — a sign that it may be long past time for the government to step in and regulate the social media company. But in order for policymakers to effectively regulate Facebook — as well as Google, Twitter, TikTok and other Internet companies — they need to understand what is actually happening on the platforms.

 

Nate Persily

Nathaniel Persily

Co-director, Cyber Policy Center
FULL BIO
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Frances Haugen 60 minutes interview
Former Facebook product manager Frances Haugen appears on “60 Minutes.” Haugen has been revealed as the source behind tens of thousands of pages of leaked internal company research. (Robert Fortunato for CBSNews/“60 Minutes") (Photo by Robert Fortunato/CBSNews/60MINUTES)
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The social media company shouldn’t be able to hide information about whether and how it harms users (from the Washington Post)

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Soojong Kim event flyer for October 12th showing his face and name of event

PART OF THE FALL SEMINAR SERIES

Join us at the weekly Cyber Policy Center (CPC) seminar on Tue, October 12th from 12 PM - 1 PM PST featuring Soojong Kim, postdoctoral fellow at the Program on Democracy and the Internet. This session will be moderated by Co-Director of the CPC, Nate Persily. This is part of the fall seminar series organized by the Program on Democracy and the Internet, and the William and Flora Hewlett Foundation’s Cyber Initiative.

There has been growing concern about online misinformation and falsehood. It has been suspected that the proliferation of misleading narratives is especially severe on Facebook, the world’s largest social media site, but there has been a lack of large-scale systematic investigations on these issues. This talk will introduce a series of ongoing research projects investigating online groups promoting misleading narratives on Facebook, including anti-vaccine groups, climate change denialists, countermovements against racial justice movements, and conspiracy theorists. The presentation will discuss the prevalence, characteristics, ecosystem of misleading narratives on Facebook, and implications for potential interventions.

  

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Speaker Profile:

Soojong Kim is a postdoctoral fellow, jointly affiliated with the Program on Democracy and the Internet (PDI) and the Digital Civil Society Lab (DCSL) at Stanford University. He received his Ph.D. at the Annenberg School for Communication, University of Pennsylvania. His research centers around digital media, social networks, and information propagation. As a former computer scientist, he is also interested in developing and applying computational methods, including online experiments, large-scale data analysis, and computational modeling.


 

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Arzan Tarapore
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This essay was originally published by East Asia Forum.


Nuclear-powered submarines for Australia was the most eye-catching part of the announcement of ‘AUKUS’, the new trilateral security initiative joining Australia, the United Kingdom and the United States. The eight new boats would greatly extend the range, endurance and firepower of Australia’s submarine fleet. They would break the taboo against nuclear power in Australia. And they show that the United States and the United Kingdom are committed to strategic competition in the Indo-Pacific.

But while AUKUS shows a seriousness about naval power, it shows an even greater seriousness about alliances. The trilateral initiative seeks to expand an existing alliance structure — the Five Eyes intelligence alliance — into the field of leading-edge defense technology and industry. AUKUS goes much deeper than submarines — but it cannot do everything.


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Beyond submarines, AUKUS seeks to win the technology competition with China by pooling resources and integrating supply chains for defense-related science, industry, and supply chains.
Arzan Tarapore

The Biden administration promised to prioritize strategic competition with China, and to reinvigorate Washington’s alliances. Progress on this has been positive, but incremental. Aside from some high-level visits, Biden’s most notable initiative was elevating the Quad — comprising Australia, India, Japan and the United States — to the summit level.

AUKUS is qualitatively different. The submarine deal alone enmeshes the United States and United Kingdom into the region for decades. But more ambitiously, beyond submarines, AUKUS seeks to win the technology competition with China by pooling resources and integrating supply chains for defense-related science, industry, and supply chains. This will be the decades-long and multifaceted purpose of AUKUS — a transnational project racing to seize advantages in artificial intelligence, quantum computing and cyber technology.

This kind of technology integration is a radical idea. Countries often share military technology, but some technologies are more highly prized than others. Nuclear technology is in a class of its own. The United States has only shared its nuclear submarine technology with the United Kingdom — at the height of the Cold War. The United States is now so animated by competition with China that it will share the technology with one more country, Australia, for the first time in decades.

The technologies at the heart of AUKUS are at the cutting edge of scientific research, and promise to deliver unprecedented advantages in military power. The submarine project will likely serve as a forcing function to drive much of this new collaboration. It is still unclear how much of the submarines’ nuclear propulsion technology will be shared with Australia, but the Australian defense community will almost certainly gain access to the submarines’ other state-of-the-art technologies, including sensors and data-processing systems for maritime domain awareness and tracking and evading adversary forces.

What makes the United Kingdom and Australia Washington’s most valued technology partners? They are members of the Five Eyes intelligence alliance, which over decades has developed joint systems, organizations and processes for sharing collection responsibilities and intelligence data.

AUKUS’s radical integration could only be possible among Five Eyes partners because AUKUS will be working on extremely sensitive intelligence-related technologies that Washington would only entrust to its closest intelligence partners.
Arzan Tarapore

Less tangibly, but at least as importantly, this has cultivated mutual trust and habits of cooperation, including through the past two decades combating terrorism and fighting wars in Iraq and Afghanistan. Compared to the other Five Eyes members, Canada and New Zealand, the United Kingdom and Australia are also demonstrably more committed to upholding the strategic vision of a free and open Indo-Pacific.

AUKUS’s radical integration could only be possible among Five Eyes partners because AUKUS will be working on extremely sensitive intelligence-related technologies that Washington would only entrust to its closest intelligence partners. AUKUS’s stated technology priorities — artificial intelligence, quantum computing and cyber — are technologies that are at the forefront of emerging intelligence capabilities. Little wonder that several Australian intelligence chiefs have been front and center explaining AUKUS to Australia’s other strategic partners.

This is probably also why France was excluded from the grouping, prompting a sudden and ugly diplomatic spat. Despite its likeminded interests in the region, and despite its military power and activism, France does not share the systems and relationships that define the Five Eyes. In the years to come, AUKUS will gain greater regional acceptance and utility if it figures out how to share some of its prized defense technology and data with other partners, including France and others in the region.

Other partners like France and India cannot be full members of AUKUS, but they are indispensable in other roles that AUKUS cannot replicate.
Arzan Tarapore

AUKUS may represent the closest integration among partners, but it cannot do everything, and it cannot replace other groupings. The region requires a new security architecture, but unlike Cold War umbrellas like NATO, this architecture will comprise multiple, overlapping groupings, each with different roles and strengths. AUKUS’s technology-sharing mission is invaluable, but it is limited.

Different groupings serve different purposes. The Quad will remain critical for coordinating the strategic policies of China’s most powerful regional competitors, for presenting a common vision of regional order, and for acting as the nucleus for broader cooperation when needed. At its first in-person summit last week, the Quad reiterated its broad vision of promoting a free and open Indo-Pacific. And as the Indian government recently declared, AUKUS does not compete with or undermine the Quad.

Other partners like France and India cannot be full members of AUKUS, but they are indispensable in other roles that AUKUS cannot replicate. They each have significant military power, valuable geographic advantages and abiding networks of influence. And they are each vigorously engaged in the region, including through bilateral and trilateral partnerships with Australia.

The members of AUKUS should therefore work hard to repair their relationships with France because broad overlapping partnerships are a key asset in strategic competition with China. But not all regional challenges require a broad, inclusive approach. AUKUS’s declared objectives are radical — unseen in the firmament of US alliances, and certainly unseen in the region — and only possible precisely because the initiative is so exclusive.

Read More

Taiwan island seen from mid-air.
Commentary

What the U.S. Withdrawal From Afghanistan Means for Taiwan

In a New York Times opinion piece, Center Fellow Oriana Skylar Mastro argues that the U.S. withdrawal from Afghanistan does not represent a potential catalyst for an impending Chinese attack on Taiwan.
What the U.S. Withdrawal From Afghanistan Means for Taiwan
Figures of Kuomintang soldiers are seen in the foreground, with the Chinese city of Xiamen in the background, on February 04, 2021 in Lieyu, an outlying island of Kinmen that is the closest point between Taiwan and China.
Commentary

Strait of Emergency?

Debating Beijing’s Threat to Taiwan
Strait of Emergency?
Indian Prime Minister Narendra Modi rides in a tank at Longewala in Jaisalmer, Rajasthan, 14 November 2020.
Commentary

India, China, and the Quad’s Defining Test

The Ladakh crisis between China and India seems to have settled into a stalemate, but its trajectory could again turn suddenly. If it flares into a limited conventional war, one of its incidental victims could be the Quad.
India, China, and the Quad’s Defining Test
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Australian Navy submarine HMAS Sheean
Australian Navy submarine HMAS Sheean arrives for a logistics port visit on April 1, 2021 in Hobart, Australia. According to the newly announced security pact between Australia, the United States, and the United Kingdom, nuclear-powered submarines will replace the Royal Australian Navy's existing Collins submarine fleet. | LSIS Leo Baumgartner/ Australian Defence Force via Getty Images
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While the Australia-UK-US security pact shows a seriousness about naval power, the biggest story is the radical integration of leading-edge defense technology and a new approach to alliances, South Asia Research Scholar Arzan Tarapore argues.

APARC Fall 2021 Webinar Series

The Asia-Pacific region is the world’s most vulnerable region to climate change risks. With its densely populated low-lying territories and high dependence on natural resources and agriculture sectors, Asia is increasingly susceptible to the impacts of rising sea levels and weather extremes. The impacts of climate change encompass multiple socioeconomic systems across the region, from livability and workability to food systems, physical assets, infrastructure services, and natural capital.

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