Shakedown artists

by Henry Farrell on March 25, 2011

Via Alex Tabarrok, this “Wall Street Journal article”:http://online.wsj.com/article/SB10001424052748704081604576144401022132530.html is very interesting.

bq. Some U.S. furniture makers and their lawyers have found a reliable way to extract cash from Chinese competitors deemed by U.S. officials to have “dumped” their products in the U.S., selling them at unfairly low prices. Each year since 2006, they have asked the Commerce Department to review the U.S. duties paid by Chinese manufacturers on imports of wooden bedroom furniture. Many Chinese firms, fearing a steep rise in duties, agreed within months each time to pay cash to their U.S. competitors in return for being removed from the review list. “Everybody in the industry in the U.S. and China understands that these payments are clever shakedowns,” said William Silverman, a lawyer representing U.S. furniture retailers, big importers of Chinese products, at an October hearing of the U.S. International Trade Commission. … About $13 million was paid to a group of 20 U.S. furniture makers from 2006 through 2009, according to a November ITC report. The U.S. firms told the ITC that a much larger, but unspecified, amount of money went to pay the U.S. firms’ lawyers.

Not many people realize how much of US trade policy is effectively set by private industry groups, whose interest in free trade, for better or worse, is largely opportunistic. This is especially obvious in the area of property rights. I recently finished reading an excellent “report”:http://piracy.ssrc.org/ edited by Joe Karaganis on the politics of the piracy debate, which has a good chapter on just this topic by Sean Flynn and Karaganis [click to continue…]

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Morality Tales

by John Holbo on March 25, 2011

So I had the flu. Then, a different flu. As to that thing Belle is down with now? I dunno. Something new has been added. But we got to the Joanna Newsom concert, between sneezes. That was great! My brother-in-law asked what she’s like, because he hadn’t heard of her. I said she’s a cross between Bob Dylan and Glinda, the Good Witch of the North. Do you think that was strictly accurate? Maybe just: a cross between Kate Bush and Arcade Fire, plus harp? (What, you’ve never heard of her? Well, check it out. And this. I was hoping she’d do a live version of that last one, as she does here. No dice. But she did a great version of “Have One On Me”, which is otherwise not one of my favorites.)

The world is so messed up these days that I feel I should be publicly expressing my opinion about that. But instead I’m escaping into an old, wonky-academic philosophy-literary criticism essay that I’ve never managed to get published anywhere. It’s been out of, then back into, the ‘reject’ pile for years. Title: “Ways of World-Breaking and Ethical Escapism”. The question: is there morality fiction? That is, fiction about morality itself being different than we take it to be. No, no, not whether people can disagree about morality, or write about immoral people, or seek to shock, or any of that obviousness. Does anyone write fiction in which they imagine that the world works, morally, a different way than they (author and anticipated audience) take it to work? Or is it rather the case that when we find a ‘deviant’ moral perspective in fiction we either reject it or accept it. And if we do the latter, we export it to the actual world, as part of an expanded moral horizon? So our actual moral horizon and our fictional moral horizon never mutually deviate? Or they sometimes go their separate ways? That’s the question. I say they go their separate ways all the time, so it’s interesting that some folks have denied it. I am responding to some analytic-type philosophers – Kendall Walton, Tamar Gendler, and our own Brian Weatherson – who have taken various positions on this question, the so-called ‘puzzle of imaginative resistance’.

I’ve got the latest draft posted here, for the edification of the interested. I’ll just post one bit from it. I call it “Morality Tale”. I guess I just missed the Hugo Awards nomination deadline. But you can tell me whether you like it. Certainly it goes a long way towards explaining why I can’t publish the whole essay. (Who do I think I am?) [click to continue…]

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Interventions – humanitarian or liberal?

by Conor Foley on March 23, 2011

´The trouble with this intervention, and with liberal interventionism itself, is not with the abstract principle but the concrete practice´ writes Jonathan Freedland in the Guardian. Well maybe so, and there has been a very interesting discussion in response to my last post about the current situation in Libya, which pretty much spans the spectrum of the debate about its rights and wrongs.

But I was writing about a ´humanitarian intervention´ (ie a UN authorized external military intervention in an ongoing humanitarian crisis with the specific and limited aim of protecting civilians whose lives are threatened). People can agree or disagree about the principle and the practice, but at least we all know that we are taking about the same thing. If you google the term ´humanitarian intervention´it takes you straight to what is widely accepted as its dictionary definition. The parameters of what constitutes a legtimate ´humanitarian intervention´can certainly be debated and issues such as ´threshold level´, ´right authority´ and ´proportionality´ continue to be discussed in great detail.

If you google the term ´liberal intervention´, by contrast, it takes you to a list of polemical articles discussing the rights and wrongs of a hawkish foreign policy that is most closely identified with George Bush´s and Tony Blair´s invasion of Iraq. The reason for this is simply because the term has no fixed meaning and so can be used to justify whatever the person using it chooses to mean.

My understanding of the term is that it is a military intervention, without the authority of the UN Security Council, to overthrow a sovereign government and occupy all or part of its terrritory until after a new government has been elected under the auspices of a provincial authority appointed by the invading powers. The rationale for this intervention/invasion is that the previous government lacked democratic legitimacy and had committed human rights violations of a sufficient degree of seriousness as to justify an action that prime facie constitutes a crime of aggression in international law. Supporters of ´liberal intervention´often call for the ´reform of international law´ to legitimize such acts.

I think that this is quite different from a UN-authorized ´humanitarian intervention´, but I can see why opponents of such interventions (and supporters of the invasion of Iraq) would wish to muddle the two terms.

Maybe I am missing something though. Can someone give me an alternative reasonably authoritative and widely accepted definition of the term ´liberal intervention´ to the one that I outline above?

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Hugo Nominations

by Henry Farrell on March 23, 2011

They close tomorrow. I’m not eligible to vote, but if I was, I’d be nominating the following.

* Felix Gilman – The Half-Made World. See here for my thoughts, and here for Cosma Shalizi’s.

* Ian McDonald – The Dervish House. Very good and interesting near-future book on Turkey – blending together historical conspiracy, complexity theory, theories of religious experience and politics. It somehow works. “True wisdom leaks from the joins between disciplines.”

* China Mieville – Kraken. Not his most intellectually challenging book, and a little bit baggy, but enormous fun.

I’d also recommend Francis Spufford’s Red Plenty (which has surely _already_ won the Hugo in the alternate reality that spun off when _Gravity’s Rainbow_ won the award in 1973 (ok – it was the Nebula – but Artistic Licence!)), but I would prefer to wait on that recommendation until its US publication (sometime this year, I think). I also enjoyed Hannu Rajaniemi’s _The Quantum Thief_ (which also gets published in the US this year), but not as much as many others – the intellectual pyrotechnics are dazzling, but it’s still a fairly straightforward caper novel underneath it all. Feel free to add others, agree/disagree etc in comments.

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Libya – the case for intervention

by Conor Foley on March 22, 2011

There are lots of good arguments against the current military intervention in Libya and Michael Walzer sets some of them out in Dissent.

Arguments against ‘humanitarian intervention’ can usually be grouped under three headings: the pragmatic – what is our endgame; the pacific – people will be killed; and the ideological objections – which come from the right and left. Both of the latter have merits, although they self-evidently cannot both be true. They can be roughly summarized as ‘Why should western troops be asked to die for a cause that does not affect our ‘national interests’ and can we believe western governments when they say that they are in fact acting for altruistic motives?’

I find the latter of the three arguments the least interesting because they inevitably descend into a search for the hidden ‘real reasons’ for military interventions. While there is a place for such discussion, I think that the first two are more immediately compelling and would suggest that the case for or against a ‘humanitarian intervention’ rests on answering two broad questions: has the level of violence reached such a threshold that the use of counter-force is morally justifiable and is it a practical, strategic option that will actually make things better for the people concerned?

In the early 1990s I visited the Kurdish ‘safe haven’ in northern Iraq, shortly after it had been established at the end of the first Gulf War. This was the prototype for the subsequent ‘humanitarian interventions’ that have taken place over the last few decades and there is no doubt in my mind that it saved tens of thousands of lives. The arguments against its establishment were every bit as compelling as those that I have heard against the current actions in Libya, but the alternative was a probable genocide. A journalist that I was travelling with at the time said that he had seen bodies swinging from the lampposts of every town that the Republican Guard recaptured from the Kurds.

During the Kosovo conflict of 1999 I was asked to run some training sessions on international human rights and humanitarian law, first in refugee camps in Albania and Macedonia, and then in Kosovo itself as the war came to an end. The stories that I heard were harrowing, but, perhaps because I spent longer working there (I was subsequently seconded to UNHCR for a year), I came away with a more nuanced view of the conflict and think that, on balance, NATO’s bombing campaign did more harm than good. This may also turn out to be the case in Libya.

Two years ago I was working in Sri Lanka when the army finally stormed the last stronghold of the LTTE. Hundreds of thousands of civilians were blockaded into an area the size of New York Central Park, where at least 20,000 were killed over a three month period. The area was shelled incessantly and hospitals and food-distribution points appear to have been deliberately targeted. Many more died from starvation and disease because the government blocked humanitarian access. Others were summarily executed during the final assault. When a staff member for the agency that I was working for was killed, the Ministry of Defence released a false statement saying that he was a terrorist.

There was never even the remotest prospect of a ‘humanitarian intervention’ in Sri Lanka and I only include it in the discussion to show that the option of doing nothing also has moral consequences. On balance I am in favour of the current intervention in Libya. As I said in my previous post, I think that the UN resolution authorizing it puts the protection of civilians at the centre of its mandate and sends a clear signal to governments of the world that they cannot massacre their own people with impunity.

I do not know what the end game is. I accept that the campaign will result in people being killed by allied airstrikes and I presume that the intervening governments have selfish as well as altruistic motives for their actions. However, I think that the situation in Libya immediately prior to the intervention passed the threshold test that I set out above. I think that the UN is fulfilling its responsibility to protect the lives of civilians in this case.

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JM informs me that St. Louis radio host Mark Reardon has been relaying the lies that the administration has been telling about Capitol clean-up after the protests. The original Dept of Administration estimate of $6.5-$7.5 million was met with incredulity by just about everyone including the rather honorable local TV news reporters (I was quite worried that one of the newsreaders was going to corpse when she read it out first, having apparently been given no warning). Of course, the very purpose of the nonsense was to give people like Reardon a figure to peddle, and that propaganda effect has been brilliant. The official figure was revised down, within a day, to $347,000. What’s that, 5% of the original? One might hope that the person who gave the first figure got a good dressing down, but I suspect such hopes would be in vain. This article in the Isthmus airs the beliefs of current and former DOA workers that DOA statistics are being developed in response to pressure from the administration. And, in fact, it may be that there was no damage at all (except, manifestly, to the lawns, which have to need reseeding, surely):

On March 3, the agency’s top lawyer claimed that protesters caused $7.5 million in damage to the Capitol, mostly to marble from the tape holding on signs and banners. Hastings notes that this claim was “flashed across the country” before being revised downward the next day to as little as $347,000.
On Monday, March 7, after the signs were all removed, DOA spokeswoman Carla Vigue said the agency was bringing in an “outside expert [to] determine the amount and nature of the work that will be needed to be done to bring the marble to its prior condition.” On March 9, she said “it may be several days” before this information is in hand.
Now, well more than several days later, no further information has been provided. “Still working on it,” said Vigue on Tuesday.

Jacob Arndt has a pretty good idea how much damage to the marble was actually caused: None at all. Arndt owns Northwestern Masonry and Stone, a Lake Mills-based company that he says “does consultation work and has contracts with the state of Wisconsin.” He toured the Capitol early this month with a DOA staffer, inspecting the various types of stone: Kasota-Mankato, Wausau red granite, Dakota red granite, verde jade. “I looked at each of these types of stones,” says Arndt. His conclusion: The painter’s tape used to affix signs left “little or no residue” anywhere. The worst problem he saw was some residue where media had taped cords to the floor, but even this was easily removed with simple cleaning agents. “There’s no damage to the stone,” says Arndt, who has been back in the building several times since, verifying this finding. He says the DOA official who showed him around agrees even the lower cost estimate is “completely ridiculous and politically inspired.”

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Yemen

by John Q on March 21, 2011

Dramatic events in Libya have overshadowed the murder, by government snipers, of unarmed demonstrators in Yemen on Friday. This crime is as bad as any of those for which Gaddafi has been condemned, but has so far not produced a comparable response from the US and other Western governments. To be fair, there was a similarly cautious response to the initial reports of government repression in Libya and Egypt, so it’s a bit early to be convicting Obama and others of hypocrisy on this.

However, with government ministers resigning or being sacked, and a state of emergency announced, the familiar script seems to be playing out a bit faster. The Saleh regime clearly can’t survive without at least tacit support from the US, so it’s time for Obama to announce the withdrawal of that support, and tell Saleh to leave in the same terms as with Gaddafi.

On the face of it, there should be no problem for the US Administration here. Saleh has been a useful ally, but far less important than Mubarak, whom they dumped without too much concern. The big problem is that after Yemen comes Bahrain. With the Saudis having sent troops to suppress the revolt there, a democratic revolution in Bahrain will threaten their regime as well.

Update 22 March Leading army commanders have resigned, and the collapse of the regime appears inevitable. I’ve seen some off the record comments attributed to senior Administration officials confirming this, but so far nothing on the record beyond calls for restraint and progress towards democracy. I’d say Obama has probably missed the bus on this one, which makes it more likely that he will stick with the regime in Bahrain, where it will be much harder to avoid taking sides. End update

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Resolution 1973, Intervention, and International Law

by Conor Foley on March 20, 2011

Like Chris, I don’t have a vote at the United Nations and I have also found the bloodthirsty enthusiasm with which certain sections of the blogosphere have turned the conflict in Libya into a spectator sport rather nauseating. However, I do have a couple of thoughts about the resolution authorizing intervention.

Paragraph 4 of resolution 1973 is headed protection of Civilians and states that

bq. ‘Member States that have notified the Secretary-General, acting nationally or through regional organizations or arrangements, and acting in cooperation with the Secretary-General‘ are authorized ‘to take all necessary measures , . . . . . to protect civilians and civilian populated areas under threat of attack in the Libyan Arab Jamahiriya, including Benghazi, while excluding a foreign occupation force of any form on any part of Libyan territory.

This is the legal basis of the military action that allied forces are taking. The wording is significantly different to the standard clause that has been appearing in UN Resolutions since the 1999 mission to Sierra Leone, which, under the heading of Protection of United Nations’ Staff, Facilities and Civilians, tends to read along the following lines.

bq. ‘to protect United Nations personnel, facilities, installations and equipment, ensure the security and freedom of movement of its personnel and, without prejudice to the efforts of the government, to protect civilians under imminent threat of physical violence, within their capabilities.

The ‘protection of civilians’ has become an increasingly central concern of UN peace-keeping missions over the last decade and this has resulted in the above wording appearing in most Security Council Resolutions authorizing peacekeeping or stabilization mandates. The caution of the language is obvious – UN personnel are mentioned first and civilians second, and the protection is to be achieved ‘within the capabilities of the UN military contingent and ‘without prejudice’ to the host government. However, the resolutions are adopted under Chapter VII of the UN Charter, which authorizes the use of force.

This explicit authorization to use force to protect the lives of civilians arose directly out of the experiences of the humanitarian interventions of the 1990s. The establishment of the Kurdish safe haven at the end of the first Gulf War in April 1991 is widely considered as the first of these interventions, but the resolution supporting it (688) was not adopted under Chapter VII of the UN Charter. Subsequent missions, such as those in Somalia, Rwanda and Bosnia-Herzegovina, were defined as ‘threats to peace and security,’ rather than threats to civilian lives, a quite different conceptual concept when it comes to mission planning.

NATO’s actions over Kosovo in 1999 also lacked UN approval and was defended legally under the controversial doctrine of ‘humanitarian exception’ to the international prohibition on the use of force.

The aftermath of the Kosovo conflict saw a flurry of reports and commissions on the question of the legality of humanitarian interventions and the drawing up of a set of principles on the Responsibility to Protect (R2P) which received semi-endorsement at the UN millennium summit. The invasion of Iraq effectively killed off R2P, but work around the protection of civilians has continued under UN auspices and protection strategies are being increasingly integrated into the planning of most UN missions. This debate has probably had far more influence on the Security Council’s recent decision than any ‘western plot to invade another country in the Middle East.

The intervention over Libya undoubtedly opens a new chapter on this debate and, at the time of writing, none of us have any idea what its eventual outcome will be. However, Resolution 1973 is in its own terms a significant milestone in the evolution of the UN and the debate about the legality of the use of force for humanitarian ends.

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Conor Foley guestblogging

by Henry Farrell on March 20, 2011

Conor Foley has kindly agreed to come back to write about the Libya intervention, international law, and topics related thereto. He has blogged on these topics before, and I recommend again his excellent book on the topic, The Thin Blue Line: How Humanitarianism Went to War. We’re really happy to have him back with us for a bit.

The hollowing out of ICANN must stop

by Maria on March 19, 2011

Last week, I did something I never expected to do. At the ICANN meeting in San Francisco, I stood up in front of several hundred people and the ICANN Board of Directors and delivered a full and frank criticism of the management of ICANN’s current CEO, Rod Beckstrom.

The response to this speech was overwhelmingly strong and supportive, both in the immediate and lengthy applause and, since then, in a constant stream of handshakes, twitter and facebook shout-outs, and emails – many of which were privately sent by current members of the ICANN staff. I am re-producing my comments here so that they may be more widely available and spark further public debate.

I know the Internet community well enough to say that this is not a popularity contest, and the support I’ve received for my comments isn’t personal. There is a widely shared and profound disquiet at how this organization has been managed, horror at the near-vandalism of the damage done, and a growing sense that it must stop. [click to continue…]

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Aware of all internet traditions

by John Q on March 19, 2011

Australia has a new contender in the struggle to epitomise total cluelessness in a single pithy saying. Cardinal Archbishop George Pell (unofficial spiritual adviser to opposition leader Tony Abbott) is, unsurprisingly in the Oz context, a climate delusionist. In this role, he recently took on Greg Ayers the director of the Bureau of Meteorology who had presented to Parliament a demolition of the silly book on which Pell mainly relies, Ian Plimer’s Heaven and Earth.

Responding to Ayers, this latter-day Bellarmine[1] is quoted as follows

”I regret when a discussion of these things is not based on scientific fact,” Cardinal Pell said. ‘I spend a lot of time studying this stuff.”

The phrase I’ve bolded is well on the way to viral status in Oz, and I think it deserves wider dissemination.

fn1. I was mildly shocked to discover from Wikipedia that Bellarmine had been canonised in 1930, though it’s unclear whether his saintliness was manifested more in the case of Galileo or that of Bruno.

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After Keele, Who’s Next?

by Ingrid Robeyns on March 18, 2011

So after an attempt to close down Philosophy at Middlesex and cut Philosophy at King’s College London, now the Philosophy Department in Keele is threatened with closure, together with Keele’s Centre for Professional Ethics. You can read all about it here. I really can’t help but wonder: “Who’s next?” We earlier reported here on plans to cut funding for the humanities and the social sciences at the EU-research spending level.

I think the tendencies are clear. If you are teaching/doing research in a field/discipline that can not easily show (quantitatively, please!) to policy makers & bureaucrats that you will make a significant positive contribute to economic growth, your very existence is at stake. Never mind that you’re opening up minds, teaching logic or the arts, passing on history to the next generations. Either someone on the market should be willing to pay for what you’re doing, or else you are at mercy of the benevolence of your government. The University as a public good? That’s an old fashioned idea from premodern times, obviously.

If you think I’m exaggerating, read the EU agenda on the modernization of the Universities, published by EU bureaucrats in 2006. I think what we’re witnessing now, is that this agenda has touched the lowests levels of execution, and that the financial crisis is seen as a great opportunity to push it through. A tiny bit of this ‘modernization agenda’, like the stress on international mobility of students and teachers, could be explained by the goals of creating multi-national understanding and hence contributing to peace. But the rest of that agenda regards the university primarily (perhaps solely?) as an instrument for the economy. We had better become more worried, and we had better started to create a counter-discourse to this narrow economistic paradigm then. What I see around me, and what I see developing that hasn’t been fully worked out yet, worries me a lot.

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Budget Cuts and Standardized Tests.

by Harry on March 18, 2011

Problems in Missouri, explained here (thanks Emily).

This is a gem:

“There’s nothing to keep our schools from continuing to teach to those standards and assess those standards,” Hoge said. “The fact that they’re not on the state assessment doesn’t preclude your teaching that. We hope that our teaching will always be at the highest level possible.”

and then:

In the Webster Groves School District, some teachers will be glad to spend less time on MAP testing this year because that will mean more instructional time in the classroom, district spokeswoman Cathy Vespereny said. But, Vespereny added, the teachers are not pleased that the writing prompts are being bounced from the tests, because such exercises allow students to exhibit higher-level thinking. “The feeling is that the writing portion is particularly valuable,” she said.

So the districts understand that incentives have effects, and the state, which has been designing the incentives for all these years, doesn’t.

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It was to be published today, and take effect tomorrow. The Secretary of State held off publishing the law till the last minute, and somebody sued him in time (unlike the Governor, and the various legislators, he does not have immunity). An odd case, really, someone doing everything they possibly can to get sued. LaFollette seems to have been SofS forever: today is the finest moment in his career. Thanks, Doug. Story here.

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The people disarmed

by Chris Bertram on March 18, 2011

Since I’m not a political party and don’t have a vote at the United Nations, my opinions on the Libyan conflict and no-fly zone happily matter to no-one (except perhaps some enraged bloggers). I certainly won’t be demonstrating against the no-fly zone and, as soon as it gets implemented (as opposed to voted on) I hope it works. But I’d rather not be here. The problem is, as I see it, that the involvement of France, the UK, and the “international community”, and the framing of the issue in terms of civilian protection, fundamentally changes the nature of what’s going on. A series of popular demonstrations, met with armed force, was rapidly transformed into an armed popular uprising, with the possibility of the Libyan people taking control for themselves. And armed popular uprisings, aimed at overthrowing the state do not admit of the neat categorizations of persons presupposed by just war theory, humanitarian intervention, and so forth. The people armed is just that: the people armed. I don’t know if the uprising could have succeeded. The news was contradictory — with frequent reports by Gaddafi that he’d taken cities proving to be false — but, on the whole, it was not encouraging. I’d certainly rather have a no-fly zone (if it works, which is a big if) than the uprising defeated and mass killings by the Gaddafi family in revenge. But a successful popular uprising is no longer a possibility either. Most of the Libyan people have now been cast into the role of passive victims rather than active agents of their own liberation. Some Libyans may rally to the Gaddafi regime out of a sense of wounded national pride at outside interference. And even if Gaddafi falls (which I hope he will) the successor regime will lack the legitimacy it might have had, and will no doubt be resented and undermined by nationalist Gaddafi loyalists biding their time and representing it as the creature of the West. So not good, though I confess to lacking the information to know whether it could have been better.

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