Sunday, March 31, 2019

Call for Sessions and Papers; 8th UN Forum for Business and Human Rights--"Time to act: Governments as catalysts for business respect for human rights"





Call for session proposals for 8th UN Forum on #BizHumanRights (25-27 Nov 2019) has now been circulated. Further information may be found HERE.

This year's theme moves us back from the enterprise and form remedies--a focus of the last several years, to that most troublesome partner in the Three Pillar structure fo the UNGPs--the state (in all its glory): Time to act: Governments as catalysts for business respect for human rights ⁦‪@WGBizHRs‬⁩ ⁦‪@BHRJournal‬⁩⁦‪@BHRRC‬⁩ ⁦‪@corpjust‬⁩ ⁦‪@AfricanACCA‬⁩ ⁦‪@OHCHRAsia‬⁩.

This ought not to come as a great surprise--it may be time to speak to the convergence of the UNGP and the Comprehensions Treaty processes.  It may also be time to consider how enterprises and NGOs can also act as a catalyst for state duty to protect human rights in the context of economic activity.  And indeed, as I have noted before (here), it is hard for states to serve as catalysts for much of anything when they can't get their own houses in order. But of course some states are leading by example--and that is likely the point of the focus.  As for the rest, well there is a lot to speak to beyond the usal fall back of extraterritorial projection of standards from the usual suspects (and now increasingly through the Belt and Road Initiative) from China as well.  In that context the Forum should provide a venue for rich discussion.    

As a side note, it is unfortunate that the dates selected immediately precede US Thanksgiving.  But of course, perhaps the Americans who can most actively participate, especially in the increasingly important post Forum conferences, may find this holiday inconsequential, a cultural stance then reflected by the leadership. A pity.

In any case I hope many of you will be inspired to submit proposals.  As most know, barely a small fraction of proposals are accepted, and of these most wind up being creatures of consolidation of multiple proposals. This year will be worse because of construction at the venue site.  The organizers have indicated that no more than 2000 persons will be able to participate in 2019.  Still, the conference theme should serve to energize--perhaps it is time to act; perhaps it is time to serve as catalyst; and perhaps the interrogation of the state and its failures to do either except as it suits them from time to time might be a perfect place to start.

And don't forget about SNAPSHOT PRESENTATIONS (as a side note I may be able to host these myself--more on that later). 

Links to more information and the Concept Note follows below. 

CORRIGENDUM HERE.

Part 12: What is the (Cuban idea of) Revolution? Differences with China (Caribbean Marxism's Socialist Democracy Series, Considering the Cuban Constitutional Project, From Communist Party to Popular Plebiscite)


(Pix © Larry Catá Backer 2017 (Viñales))


In this post and those that follow we will begin to flesh out what we see as the great challenges of democracy in illiberal states, and the methods undertaken by the Caribbean (Cuban) form of Marxism Leninism, to meet those challenges. We will asses the extent to which they might claim success, and more importantly the extent to which the gulf between theory and execution remains a problem. We hope you will join us on this journey and look forward to engagement and discussion over the month. develop an approach. This February series is wrapped around work that Flora Sapio, James Korman and I are undertaking on the Cuban process of constitutional reform.

For Cuba, of course, the development of a viable socialist democracy is essential if it is to survive the passing of its revolutionary generation. And for that reason alone, Cuba provides a quite compelling laboratory for next generation democratic theory built on non-Western liberal assumptions. For these reasons we have chosen this years series theme: Caribbean Marxism's Socialist Democracy, Considering the Cuban Constitutional Project From Communist Party to Popular Plebiscite. 

This Post includes Part 12: What is the (Cuban idea of) Revolution? Differences with China.

Index of posts in this series HERE









Saturday, March 30, 2019

At the ASIL 2019 Annual Meeting: Matthew Erie on the Belt and Road Initiative--Six Key Points (Plus One of My Own)



One of the last panels I attended of the 2019 Annual Meeting of the American Society of International Law (ASIL) (Conference Theme: International Law as an Instrument), entitled Asia's Response to the US Indo-Pacific Strategy  was organized by the Pacific Rim Region Interest Group.  As is customary the focus of the panel was the reaction-response to the recently announced US "Free and Open Indo-Pacific" strategy advanced by the Trump administration since 2018.  The panel's Concept Note explained:
In 2018, the Trump Administration declared the "Free and Open Indo-Pacific" strategy as the new U.S. policy on Asia. The new Indo-Pacific strategy is expected to have far-reaching implications for U.S.-Asia relations. This roundtable will explore some of those issues, in particular, the impact of mega-free trade agreements and South China Sea disputes on international trade. Participants will discuss the extent to which international law facilitates or hinders US trade goals; the legal and political responses to U.S. policy available to nations in the Asia-Pacific Region; how recent diplomatic developments in China and the Association of Southeast Asian Nations (ASEAN) might serve as a counter-balance towards perceived U.S. unilateralism; and whether alternative strategies, such as the CPTPP, the RCEP and the Belt and Road Initiative, might shape international law and commercial transactions.
The focus of this post is on the marvelous presentation of one of the panelists, Matthew Erie,  an Associate Professor of Modern Chinese Studies and Associate Research Fellow of the Socio-Legal Studies Centre at the University of Oxford. Professor Erie spoke to the Chinese Belt and Road Initiative. After bringing his audience up to date on developments in BRI and then offered a quite useful six point structure for approaching BRI study. It is to those points that this post turns below--plus one of my own.

Thursday, March 28, 2019

Brief Thoughts on the 2019 Grotius Lecture at the ASIL Annual Meeting: Martti Koskenniemi, "Enchanted by the Tools? International Law and Enlightenment" in Light of Mónica Pinto's Address, "International Law as an Instrument: Dialogues, Tensions, and Accomplishments




It was with great anticipation that I attended the 2019 Grotius Lecture at the Annual Meeting of the American Society of International Law.  This year's speaker, Martti Koskenniemi was bound to deliver insights not quite orthodox, even as they adhered to the spirit of orthodoxy in a loving kind of way.  He did not disappoint. 

Professor Koskenniemi's lecture, entitled, Enchanted by the Tools? International Law and Enlightenment, played with and against the theme of the 2019 ASIL Conference--International Law as an Instrument, as well as against the orthodoxies it was meant to underline, well brought out by Professor Mónica Pinto of the University of Buenos Aires in her ASIL Assembly Keynote Address: International Law as an Instrument: Dialogues, Tensions, and Accomplishments

Both addresses are worth considerable reflection. The Grotius Lecture may be accessed HERE.  Professor Pinto's keynote is available here. What follows are a few very brief personal reflections on the reactions they elicited .

Tuesday, March 26, 2019

"In the Shadow of Empires—Latin American Perceptions of Development and International Law"-- Presentation at the ASIL 2019 Annual Conference




The Minorities in International Law Interest Group (MILIG), of which I am a member, will host a panel at the upcoming ASIL Annual Meeting on Thursday, March 28 from 09:00 AM - 10:30 AM (Columbia 11-12). The session is entitled “Diverse Perspectives on the Impact of Colonialism in International Law.” . More information on the panel HERE. ASIL 2019: Minorities in International Law Interest Group (MILIG) Panel--“Diverse Perspectives on the Impact of Colonialism in International Law.”
This post includes the PowerPoints of my presentation, In the Shadow of Empires—Latin American Perceptions of Development and International Law, discussing the legacy of the Spanish Imperial system and its organization of relations in the context of Latin American regionalism and on Latin American relations with European powers, the United States and China. They follow below.

Monday, March 25, 2019

First Principles for a Business and Human Rights Conceptual Framework--A First Stab at Brief Thoughts


Like every young faith system, the emerging fields in law yearn for the structures of orthodoxy for the most practical of all reasons: (1) legitimacy, (2) discipline; (3) predictability; (4) unity; (5) an exogenous basis for the  operation of a priestly caste (experts and knowledge insiders: e.g., lawyers, courts, NGOs, etc.); and (6) the identification of "the enemy" or the taboo. To that end a cosmology is necessary--a means of explaining the dynamic structure and order of the space in which the community exists from the perspective of a received wisdom (logos; from λέγω, légō, literally 'I say'). 

That logos usually emerges around a prolegomena (Προλεγόμεναa, preliminary matters or first things or principles) around which one resolves issues of faith--core premises-- and the legitimate ways of perceiving/ receiving the world. It is on the foundation of those first principles that a community constructs its theology (beliefs and theory systematically developed, today its ideology, from which rules are devised and tested) and its ecclesiology  (once specifically doctrine of the Church, though in contemporary times as well  a doctrine of the apparatus of the government of the community).

Religious and ideological communities have been quite good about the development and management of this conceptual structures around which their communities are incarnated and disciplined. Yet the reflex is also central to the construction of the Lebenswelt (Lifeworld, Edmund Husserl The Crisis of European Sciences and Transcendental Phenomenology (1936)) of legal-normative systems. Civil law through its codes), common law (through its interpretive tropes from Chief Justice Marshal to Chief Justice Rehnquist), and international norm bodies (through their declarations) evidence the strong tradition of anchoring governance systems in first principles.

Human rights in its international manifestations has come a long way to building, if somewhat loosely and with wide variation among its "sects," an orthodoxy built around a prolegomena (the Universal Declaration of Human Rights), and then different schools of theology (built around the wide variety of treaties, conventions, declarations, endorsements, and pronouncements) to which it has sought to attach an ecclesiology built around institution building of a variety of sorts (international and national institutions, MNEs, human rights defenders, NGOs, and other actors)).

However, the prolegomena of business and human rights, its first principles, remains elusive. Critical to that elusiveness of first principles for the business and human rights project is the practice, now increasingly orthodox, of burying issues of first principles within the context of theology and ecclesiology.  The community fights vigorously around the meaning, for example, of the UN Guiding Principles for Business and Human Rights, the role of sustainability in the business and human rights project, the location and practice of remedy, and the like, but without considering the central element of first principles around which these arguments are necessarily constructed. As little attention is paid to the prolegomena of the business and human rights project, arguments about its theology and ecclesiology become ritualized and stagnant.

This post is meant to start a conversation (perhaps only conducted between me and myself, but that, at least is something of a start) about the problematics of business and human rights first principles. For starters I identify six problematic first principles. 


Sunday, March 24, 2019

ASIL 2019: Minorities in International Law Interest Group (MILIG) Panel--“Diverse Perspectives on the Impact of Colonialism in International Law”





The ASIL 2019 Annual Meeting will take place in Washington, D.C.,Wednesday, March 27, 2019 - 9:00am to Saturday, March 30, 2019 - 6:00pm. This year's theme is International Law as an Instrument. The conference organizers have provided this description:
Actors on the international stage use a variety of tools to address their concerns, from climate change to economic development; from humanitarian crises to cross-border disputes; from commercial regulation to global trade. Governments and international organizations employ diplomacy and coercion, corporations use negotiation and persuasion, and non-governmental organizations engage in fact-finding and advocacy. And all of these actors affect and are affected by international law and use the international legal system to effectuate change and solve problems.

The 2019 Annual Meeting of the American Society of International Law (ASIL) will focus on the distinctive ways international law serves as an instrument that national and international actors invoke and deploy, and by which they are constrained. How does international law shape the perceptions of the interests and problems of diverse global actors and help frame solutions? Is international legal language a useful medium for the development and dissemination of globalized norms? Under what conditions is international law most effective? Are international institutions effective instruments for addressing complex global challenges?

At the 2019 Annual Meeting, ASIL invites international lawyers from all sectors of the profession, policymakers, and experts from other fields to reflect on the different ways in which international law plays a role in identifying and resolving global problems.

The Minorities in International Law Interest Group (MILIG), of which I am a member,  will host a panel at the upcoming ASIL Annual Meeting on Thursday, March 28 from 09:00 AM - 10:30 AM (Columbia 11-12). The session is entitled “Diverse Perspectives on the Impact of Colonialism in International Law.” The panel overview follows.

Thursday, March 21, 2019

"The Sort of Democracy Worth Preserving and Safeguarding: Voting in the Orbits of Exogenous and Endogenous Democracy": Presentation PPTs Presented at the 4th National POC Legal Scholarship Conference



I am happy to post the PPTs of my presentation at the 4th National People of Color Scholarship Conference for its Panel on Democracy, Voting Rights, and the Courts. The slides follow below, along with the Conference abstract.

The paper touches on conceptions on voting and its relation to the ideologies of democratic legitimacy.  Happy to share the paper.  Please contact me for a draft. 

Panel on Democracy, Voting Rights, and the Courts: 4th National People of Color Legal Scholarship Conference--American University Washington College of Law 21-24 March 2019


The 4th National People of Color Legal Scholarship Conference takes place in a beautiful setting, at the American University Washington College of Law in Washington, D.C., 21-24 March 2019. For more information see HERE. Great thanks to American's Dean Camille Nelson for the vision to realize this important gathering. 

I am honored to be part of a a panel, Democracy, Voting Rights, and the Courts, considering aspects of some of core issues of the organization and functioning of our Republic.  

Abstracts of the panel presentations follow. 

Tuesday, March 19, 2019

Dr. Sascha Dov Bachmann: The UK Response to Hybrid Threats; Evidence Presented to Parliament


On 06 December 2018, the U.K. Parliament's Defence Committee launched an inquiry examining the danger posed by hybrid threats to the UK and how the UK Government ought to be preparing its response. It explained:
Concern around the use of the hybrid approach to warfare and confrontation below the threshold of armed aggression has been a feature of several Government documents in recent years. The Defence Committee has decided to explore the tactics used and the UK’s vulnerability to them as well as the way that the UK can both defend against hybrid threats and how it can utilise them most effectively against adversaries. (HERE)
The Committee invited written submissions on a variety of related questions:What are hybrid threats? Are they new? How do States employ hybrid threats against strategic competitors? How do States employ hybrid warfare in conflict? How do Non-State Actors employ hybrid threats and hybrid warfare? How are the UK, NATO allies and multilateral institutions responding to hybrid threats?What is the UK's vulnerability to hybrid threats and warfare and what defensive, responsive and resilience measures are in place?How realistic is the UK's strategy and doctrine for defending against hybrid threats and warfare?How does the UK use its own hybrid tools to influence both States and Non-State actors? (HERE).

The Committee's first oral evidence session into the UK Response to Hybrid Threats considered these issues on Tuesday 5 March 2019, The Thatcher Room, Portcullis House with evidence presented by Chris Donnelly, Institute for Statecraft; Dr Rob Johnson, University of Oxford; Dr Andrew Mumford, University of Nottingham (Video HERE; Transcript HERE). For those who are new to the concept, the testimony is instructive, but its full potential reach remains to be understood, much less harnassed.

A written submission worth considering in that respect was that of Dr. Sascha Dov Bachmann, Associate Professor in International Law (Bournemouth University) and War Studies (Swedish Defence University). It follows below.



Part 11: In Search of an Ideology of Popular Affirmation in its Post Revolutionary Ecology (Caribbean Marxism's Socialist Democracy Series, Considering the Cuban Constitutional Project, From Communist Party to Popular Plebiscite)

(Pix © Larry Catá Backer 2017 (Viñales))


In this post and those that follow we will begin to flesh out what we see as the great challenges of democracy in illiberal states, and the methods undertaken by the Caribbean (Cuban) form of Marxism Leninism, to meet those challenges. We will asses the extent to which they might claim success, and more importantly the extent to which the gulf between theory and execution remains a problem. We hope you will join us on this journey and look forward to engagement and discussion over the month. develop an approach. This February series is wrapped around work that Flora Sapio, James Korman and I are undertaking on the Cuban process of constitutional reform.

For Cuba, of course, the development of a viable socialist democracy is essential if it is to survive the passing of its revolutionary generation. And for that reason alone, Cuba provides a quite compelling laboratory for next generation democratic theory built on non-Western liberal assumptions. For these reasons we have chosen this years series theme: Caribbean Marxism's Socialist Democracy, Considering the Cuban Constitutional Project From Communist Party to Popular Plebiscite. 

This Post includes Part 11: In Search of an Ideology of Popular Affirmation in its Post Revolutionary Ecology.

Index of posts in this series HERE







Monday, March 18, 2019

Part 10: Communist Party and Asamblea Nacional--Popular Representation in the Shadow of Democratic Centralism in Cuban Socialist Democracy 1.0 (Caribbean Marxism's Socialist Democracy Series, Considering the Cuban Constitutional Project, From Communist Party to Popular Plebiscite)

(Graphic from the Inventario website HERE)



In this post and those that follow we will begin to flesh out what we see as the great challenges of democracy in illiberal states, and the methods undertaken by the Caribbean (Cuban) form of Marxism Leninism, to meet those challenges. We will asses the extent to which they might claim success, and more importantly the extent to which the gulf between theory and execution remains a problem. We hope you will join us on this journey and look forward to engagement and discussion over the month. develop an approach. This February series is wrapped around work that Flora Sapio, James Korman and I are undertaking on the Cuban process of constitutional reform.

For Cuba, of course, the development of a viable socialist democracy is essential if it is to survive the passing of its revolutionary generation. And for that reason alone, Cuba provides a quite compelling laboratory for next generation democratic theory built on non-Western liberal assumptions. For these reasons we have chosen this years series theme: Caribbean Marxism's Socialist Democracy, Considering the Cuban Constitutional Project From Communist Party to Popular Plebiscite. 

This Post includes Part 10: Communist Party and Asamblea Nacional--Popular Representation in the Shadow of Democratic Centralism in Cuban Socialist Democracy 1.0.

Index of posts in this series HERE









Norges Bank excludes Halcyon Agri Corp. Ltd From Pension Fund Global Investment Universe Due to Unacceptable Risk of Severe Environmental Damage in Cameroons: Council Recommendation Follows




On 24 October 2018, the Council on Ethics recommended to exclude the company due to an unacceptable risk that the company is responsible for severe environmental damage as a result of its conversion of tropical forest into rubber plantations in Cameroon.

The Council attached importance to the risk that the plantation could damage the universal values of the Dja Faunal Reserve, which is UNESCO World Heritage Site.
On 18 March, 2019, Norges Bank published its decision to follow the Council on Ethics’ recommendation. 

Please find the Announcement of the Council's recommendation here

The Council's 13 page recommendation may be accessed HERE and below. 

Sunday, March 17, 2019

Part 9: The Referendum in the Shadow of Cuban Socialist Democracy 1.0 (Caribbean Marxism's Socialist Democracy Series, Considering the Cuban Constitutional Project, From Communist Party to Popular Plebiscite)


(Pix ©Larry Catá Backer 2019)
In this post and those that follow we will begin to flesh out what we see as the great challenges of democracy in illiberal states, and the methods undertaken by the Caribbean (Cuban) form of Marxism Leninism, to meet those challenges. We will asses the extent to which they might claim success, and more importantly the extent to which the gulf between theory and execution remains a problem. We hope you will join us on this journey and look forward to engagement and discussion over the month. develop an approach. This February series is wrapped around work that Flora Sapio, James Korman and I are undertaking on the Cuban process of constitutional reform.

For Cuba, of course, the development of a viable socialist democracy is essential if it is to survive the passing of its revolutionary generation. And for that reason alone, Cuba provides a quite compelling laboratory for next generation democratic theory built on non-Western liberal assumptions. For these reasons we have chosen this years series theme: Caribbean Marxism's Socialist Democracy, Considering the Cuban Constitutional Project From Communist Party to Popular Plebiscite.

This Post includes Part 9:The Referendum in the Shadow of Cuban Socialist Democracy 1.0 

Index of posts n this series HERE












Part 8: Plebiscites, the "No" Vote, and the Leadership Responsibilities of the Vanguard Party (Caribbean Marxism's Socialist Democracy Series, Considering the Cuban Constitutional Project, From Communist Party to Popular Plebiscite)


(Credi: Inventorio Blog)


In this post and those that follow we will begin to flesh out what we see as the great challenges of democracy in illiberal states, and the methods undertaken by the Caribbean (Cuban) form of Marxism Leninism, to meet those challenges. We will asses the extent to which they might claim success, and more importantly the extent to which the gulf between theory and execution remains a problem. We hope you will join us on this journey and look forward to engagement and discussion over the month. develop an approach. This February series is wrapped around work that Flora Sapio, James Korman and I are undertaking on the Cuban process of constitutional reform.

For Cuba, of course, the development of a viable socialist democracy is essential if it is to survive the passing of its revolutionary generation. And for that reason alone, Cuba provides a quite compelling laboratory for next generation democratic theory built on non-Western liberal assumptions. For these reasons we have chosen this years series theme: Caribbean Marxism's Socialist Democracy, Considering the Cuban Constitutional Project From Communist Party to Popular Plebiscite.

This Post includes Part 8: Plebiscites, the "No Vote,"and the Leadership Responsibilities of the Vanguard Party.


Index of posts n this series HERE







Wednesday, March 13, 2019

Council on Ethics for the Norwegian Pension Fund Global: Annual Report 2018



Please find below links to the Annual Report for 2018 from The Council on Ethics for the Norwegian Government Pension Fund Global has just released.

The Annual Report includes brief articles on specific topics relevant to the Council’s work, such as companies’ sales of weapons to parties in armed conflict, corruption risk, environmental damage or violations of worker’s rights in the textile industry. The report also includes a summary of all the Council’s recommendations to Norges Bank that have been published in 2018 through 1 March 2019.

Access the The Council on Ethics Annual Report 2018 HERE
Etikkrådets årsmelding for 2018: HER

The Chair's Report Follows along with very brief reflections.

Monday, March 11, 2019

New Paper Posted: The 'Cri de Jessup' Sixty Years Later: Transnational Law’s Intangible Objects and Abstracted Frameworks Beyond Nation, Enterprise, and Law

(Pix © Larry Catá Backer 2019)

I have just posted a draft of a new essay: "The Cri de Jessup Sixty Years Later: Transnational Law’s Intangible Objects and Abstracted Frameworks Beyond Nation, Enterprise, and Law." It was drafted for what is going to be a set of marvelous essays commemorating the 60th anniversary of the publication by Philip Jessup of his germinal work on transnational law. The essays were drawn from presentations made at an event organized by the remarkable Peer Zumbansen which took place in 2016 at the Dickson Poon School of Law of King's College and its Transnational Law Institute.


The Abstract and Introduction follow along with links for accessing the full essay. As always comments and engagement warmly welcomed.


Saturday, March 09, 2019

4th National People of Color Legal Scholarship Conference--American University Washington College of Law 21-24 March 2019



I am delighted to pass along information for the upcoming 4th National People of Color Legal Scholarship Conference. It takes place in a beautiful setting, at the American University Washington College of Law in Washington, D.C., 21-24 March 2019.  It promises to be the largest gathering of legal scholars of color in history, with an expected attendance of over 500 law professors and scholars in allied fields from across the United States and the world. This is the fourth such gathering.
The 2019 conference theme is “People of Color and the Future of Democracy.” We find ourselves at a critical moment, both as a nation and as a community of legal scholars of color interested in the future of our democracy.
Those interested may follow @NPOC19 on Twitter and/or join the @NPOC19 Facebook group, enabling notifications, to receive important conference announcements. You also can follow the official conference feed on our website (wcl.american.edu/npoc19). Especially important messages will be hashtagged #NPOC19ALERT.

Biographies for speakers appearing in plenaries and receptions are here, and biographies for speakers appearing in concurrent panels and roundtables are here. The Program follows.

Thursday, March 07, 2019

Just Published: Joel Slawotsky, "The National Security Exception in US-China FDI and Trade: Lessons from Delaware Corporate Law" The Chinese Journal of Comparative Law 6(2):228–264


It is my great pleasure to pass along the announcement of the publication of Joel Slawotsky's excellent article: "The National Security Exception in US-China FDI and Trade: Lessons from Delaware Corporate Law" which appears in the The Chinese Journal of Comparative Law 6(2):228–264.

In this new era defined by the re-creation of global regional economic blocks--one centered in China, and the other in the United States, the issue of national interest in the areas where the two system may collide becomes critically important.  It is in this context that the issue of the national security exception to foreign direct investment acquires a new and important role in shaping trade.

The abstract and introduction follow.  The full article may be download for free from the link provided below.

Wednesday, March 06, 2019

It's All About the Narrative: American Style Textbook Wars With Chinese Characteristics--童之伟:如何看待中国高校宪法学教材之争?[Tong Zhiwei: How to treat the disputes of constitutional textbooks in Chinese universities?]



Control of the cultural, social, legal and institutional narrative of political societies has emerged as the great issue for national vanguards in the early part of the 21st Century. In the United States, national vanguards have been deeply divided since the start of the great American cultural wars that appears in retrospect to have been started after 1945 and whose manifestations as cultural politics took their current form from the 1960s. Its most spectacular manifestations have been the great battles over the control of the national narrative in the education of the young in the great textbook wars that have engrossed its intellectual and political elites for a generation (see here, and here), and lately, in the ability to develop the veiled language necessary to control discussion in the university to suit that portion of the vanguard in control of specific institution and the foundation of those discussions in the highly ambiguous context of inclusion and exclusion with political dimension (e.g., here, here, and here). The vanguard in the United States tend to be driven by malleable private coalitions of intellectuals and factional political leaders drawn from various societal sectors.

In China, in contrast, the Communist Party serves as the official vanguard.  It has been charged to ensure the development and protection of a national narrative that conforms to its Basic Line; and to ensure as well that this Basic line conforms to the political and economic model from which it derives its authority and legitimacy.  Since the start of the leadership of Xi Jinping, the CPC appears to have been paying increasing attention to the development of the social and cultural forces of China, as past generations had paid to the development of its economic forces. That development, in part, has centered on the role of the vanguard in shaping and protecting the nation's economic and political model through the development of its societal and cultural model. To tat end, the role of education has again moved to center stage, and the relationship of intellectuals (as producers of knowledge dissemination tools) increasingly subject to discipline to ensure that the mechanics of knowledge dissemination conform to the ideological premises of the political and economic model. 

To that point, the roles leadership elites in both the United States and China are remarkably similar in function.  Where the substantial differences arise is in the allocation of authority for the assertion of social and cultural leadership, and the disciplining of intellectuals and their followers who are perceived to seek to undermine leadership guidance in matters of political, social, economic, and cultural narrative through which children (and the society in general) will be appropriately socialized. More importantly, the differences in disciplining intellectuals, while undertaken through social networks a few steps separated from the apparatus of formal politics, in China the relationship s direct, both formal and informal. 

Recently, the issue of the control of the narrative in law--and especially in the teaching of constitutional law--in China burst onto the public consciousness when the state began what appeared to be a comprehensive review of textbooks in January 2019.
At the start of January, the office of the National Teaching Material Committee issued the “Notice Concerning the Launch of Comprehensive Fact-finding Work on University Constitutional Law Teaching Materials.” The notice required all colleges and universities to thoroughly explore the constitutional law material they were currently using and submit their findings to the Ministry of Education Textbook Office by January 15. . . . Meanwhile, there have been rumors that University of Political Science and Law Professor Ke Huaqing denounced several constitutional law scholars for participating in compiling a constitutional law textbook that “adulated the West.” . . . The teaching material denounced online included “Introduction to Constitutional Law: Theory and Application” compiled and edited by Peking University Law professor and constitutional law scholar Zhang Qianfan. . . . The National Textbook Committee’s notice led to a heated debate. (From China Digital Times Translation).

The resulting controversy has brought to foreground critical points of potential change in the way in which constitutional narratives are constructed, and thus constructed, taught to rising generations of Chinese leaders.  It suggests as well changes in the relationship between the political vanguard and its intellectuals, and the increasingly important role of knowledge narrative in the construction and operation of the (post)modern state through its vanguards.    

Recently, Tong Zhiwei, one of the most eminent constitutional law experts in China, provided his views on the issues raised by the controversy over the state of Chinese constitutional textbooks. These viewed were presented in the form of an interview on the fundamental issues of the need both to rigorously produce knowledge and to disseminate it within the constraints of the meta narrative of the political system with respect to which deference is necessary.  The conversation is subtle and brimming with those issues that are central to the Chinese conversation but also quite relevant to the societal practices of American vanguards in the control and protection of their own narratives and the disciplining of those who deviate from the American elite party line.

The text of that interview (中文 with crude English translation) along with background reporting from Reuters (English), follows. Also useful is an interview with Professor Zhang Qianfan, in which he defends a broader study of constitutional law "as an essential endeavor for the betterment of Chinese society" (English) (中文). For a taste of Zhang Qianfan's work in English see here.

Tuesday, March 05, 2019

Dr. Omar Everleny Perez Villanueva, “Los retos económicos del gobierno cubano y posibles soluciones” [Economic Challenges for the Cuban Government and Possible Solutions]-- Association for the Study of the Cuban Economy (ASCE) Webinar Series for 2019-2020




The Association for the Study of the Cuban Economy (ASCE) sponsors a Webinair series that focus on issues of Cuba and Cuban engagement in the world (for prior year Webinair's see, e.g., here).
 La Asociación para el Estudio de la Economía Cubana (ASCE, por sus siglas en inglés) patrocina una serie de Webinair que se centra en los temas de Cuba y el compromiso de Cuba en el mundo (para el año anterior, véase la página de Webinair, por ejemplo, aquí).

The 2019-2020 webinar series sponsored by ASCE will consist of three presentations focused on Cuba’s Economy. The themes will focus on Cuba’s dual currency and the unification of the currency coupled with the economic/political transition and public policies implemented by the Cuban government. The 2019 series is free.
 La serie de seminarios web 2019-2020 patrocinada por la ASCE constará de tres presentaciones centradas en la economía de Cuba. Las ponencias se centrarán en la doble moneda de Cuba y la unificación de la moneda junto con la transición económica / política y las políticas públicas implementadas por el gobierno cubano. Participación por parte del publico en la serie 2019 es gratuita.

On Tuesday March 12, at noon (Eastern standard time), Dr. Omar Everleny Perez Villanuevav will present  “Los retos económicos del gobierno cubano y posibles soluciones” [Economic Challenges for the Cuban Government and Possible Solutions].  The meeting will be moderated by Dr. Jorge Luis Romeu, who will be accepting questions from participants during the webinar at: romeuj@sunvit.edu
 El martes 12 de marzo, a mediodía (hora de Nueva York), el Dr. Omar Everleny Pérez Villanuevav presentará "Los desafíos económicos para el gobierno cubano y sus posibles soluciones". La reunión será moderada por el Dr. Jorge Luis Romeu, que aceptará preguntas de los participantes durante el seminario web en: romeuj@sunvit.edu

Those interested may participate by calling (US number): Teleconference Phone Number: 605-475-4831;  and Give the Participation/Access Code: 7102721
Download presentation in PowerPoint format here.
Download presentation in PDF format here.

Los interesados ​​pueden participar llamando (número de EE. UU.): Número de teléfono de teleconferencia: 605-475-4831; y Dar el Código de Participación / Acceso: 7102721
--Descarga la presentación en formato PowerPoint aquí.
--Descarga la presentación en formato PDF aquí.

More detailed information follows below/ A continuación se proporciona información más detallada.

Monday, March 04, 2019

The Cuba-Venezuela-U.S. Axis: Warfare on the Financial Front Intensifies



Read more here: https://www.miamiherald.com/news/nation-world/world/americas/cuba/article221222875.html#storylink=cpy)


The always complicated relations between the United States and Cuba has become more complicated in recent days. For weeks the Trump Administration has been signalling its intention to increase economic pressure on Cuba. In "January Secretary of State Mike Pompeo informed Congress that this time, beginning on Feb. 1, there would be only a 45-day suspension of Title III. “This extension will permit us to conduct a careful review of the right to bring action under Title III in light of the national interests of the United States and efforts to expedite a transition to democracy in Cuba,” the State Department said."  (Foreign investment in Cuba might be at risk if U.S. allows lawsuits over confiscated property). Attitudes on the U.S. side may have hardened after January reflected U.S: displeasure over Cuban support for the Maduro regime in Venezuela.  And now the Trump Administration has begun to make good on its warnings.
The Trump administration said Monday it will allow unprecedented lawsuits in American courts against Cuban companies using property seized during the 1959 revolution, as it works to discourage more of the foreign investment in Cuba that provides the island's economy with a lifeline.
Secretary of State Mike Pompeo issued a 30-day "partial waiver" to a law known as the Libertad or Helms-Burton Act, allowing U.S. citizens to bring lawsuits in U.S. federal court against about 200 Cuban entities on a "restricted list" that have been subject to U.S. sanctions. The list includes entities under the control of Cuban military intelligence or security forces, but foreign companies invested in the island will be protected against such suits — at least for now. (Trump admin to let Americans sue some foreign firms doing business in Cuba).
These actions are made possible because of two significant changes.  The first was the increasing utility of the Global Magnitsky Act that effectively permits a refined and targeted sanctions strategy akin to the possibilities of targeted killings made possible by refinements in drone and related technologies. Calls for greater use against Cuba intensified in the wake of the Cuban constitutional reform project that closed at the end of February (El senador Bob Menéndez pide sanciones para representantes del Gobierno de Cuba ("Bob Menéndez considera que ante todo esto Estados Unidos no puede quedarse de brazos cruzados. Por eso pide a la Administración Trump que vaya más allá de "discursos y tuits" y aplique sanciones contempladas en la Ley Global Magnitsky sobre Responsabilidad de Derechos Humanos")). The second was the vulnerability of the Cuban state at the beginning of its 2030 Economic Plan which relies on quite well managed foreign investment and a cautious effort to re-enter global financial and commercial markets. "After the Cuban economy grew by just over 1 percent in 2018, Cuban leader Miguel Díaz-Canel said that “Cuba’s fundamental battle” is economic and that one of Cuba’s urgent needs is attracting more foreign direct investment." (Foreign investment in Cuba might be at risk if U.S. allows lawsuits over confiscated property).

For companies with investments in Cuba, the action poses risks with respect to property that may be subject to litigation.  "Among the foreign companies heavily invested in Cuba are Canadian mining firm Canadian Sherritt International and Spain’s Melia Hotels. U.S. companies, including airlines and cruise companies, have forged business deals in Cuba since the easing of restrictions under Obama." (U.S. allows lawsuits against Cuban entities but shields foreign firms for now).

The text of the State Department Media Note, some additional reporting, and the Text of Title III of the LIBERTAD Act follows.

Sunday, March 03, 2019

The Externalization of Brazilian Law-Politics: The Imperium of International Human Rights and Creole Elites


The election victory of Jair Bolsonaro in the wake of the utter fracture of the traditional Brazilian political parties mirrors the collapse of traditional political party politics in the West.  I have already suggested the arc of this trajectory in American political life, the result of which has been the weakening of the leadership of the two principal political parties in the United States and the rise of mass grassroots organizations (Elite Engagement With Leadership Political Party Organizations: China and the United States Take Different Paths).  
And indeed, the nasty bickering and hand wringing that followed the voting—and the hysterical calls to dismantle the structures of this ancient Republic to suit the short-term ambitions of the factions that now appear to gasp power—all suggest the start of what passes for rectification campaigns in the U.S. From the day after that first Tuesday in November, the authority of both political parties shattered. The intelligentsia stood marked as substantially out of touch (both of the left and the right and within ivory tower, think tanks and among the chattering classes who inhabit news and social media), and the fault lines of social, ethnic, religious, economic, and sub-national divisions became much clearer. ("Yes, Donald Trump Will Be A Good President").
"In the United States today both political parties lie in taters; they now are more apt to respond to grassroots driving forces than to lead political life themselves." (Elite Engagement With Leadership Political Party Organizations). The forms of politics appear unchanged; their substance, however, is in the process of a great transformation, one that better suits the times.

Brazil has taken a different path, one perhaps inevitable given the context of its history and politics. Brazil has sought to embed its politics, and the legal structures through which politics is sometimes manifested, through the global human rights architecture centered in the institutions of the United Nations in Geneva. The recent focus of these manifestations have been the fierce battles for control of the Brazilian presidency that has seen a President impeached, another imprisoned and the election of another  which has sparked substantial opposition among global elites. The maneuverings make for fascinating reading, though the repercussions remain to be seen.  This post includes recent reporting: (1) Brazil's Lula should have political rights: U.N. Human Rights Committee; and (2) UN Human Rights Council To Probe Lula's Case in March with brief reflections on the internationalization of a legalized politics in states seeking to adhere to transforming models of liberal democracy. 



Saturday, March 02, 2019

Strengthening the Spiritual Backbone of Communism: 中共中央关于加强党的政治建设的意见 [The Central Committee of the Communist Party of China on Strengthening the Party's Political Construction] 31 Jan 2019



The Chinese Communist Party continues to develop approaches, not just to its working style, but to the training and development of its cadres.  Thus has become much more important in the wake of the critical changes to  the political and economic model ushered in after the 19th CPC Congress. 

As part of the conceptual work on CPC leadership and the working styles of its cadres, at the end of January 219 the CPC caused to be circulated a very interesting statement: 中共中央关于加强党的政治建设的意见 [The Central Committee of the Communist Party of China on Strengthening the Party's Political Construction] 31 Jan 2019.  The text of the document follows (仅限中文). 

One of the most interesting parts of the document relates to the relationship between cadre work and social culture and religion.  Section 2, on strengthening political belief, speaks to the spiritual backbone of Communism. A translation of that provision also follows below (with thanks to Flora Sapio for the translation) with a very brief reflection. 

Mexico's New Guardia Nacional and Human Rights Training


I had written about Mexico's new president (see "Acabar con la corrupción y con la impunidad" and “Con el pueblo todo, sin el pueblo nada” [With the people everything, without the people nothing]).  To some large extent, Mr. López Obrador means to remake the political culture of Mexico in important respects.  

Among his 100 Commitments was an important one tied to public security: "85. If approved by the people and the Congress, a National Guard will be created to guarantee public security in the country." After a substantial amount of political negotiation, on 28 February 2019, the lower house of the Mexican legislature approved a form of this Mexican National Guard.
Mexico’s Congress on Thursday approved the creation of a 60,000-member National Guard to tackle the nation’s public security crisis, a force that President Andrés Manuel López Obrador has made a cornerstone of his plan to confront organized crime and curb soaring violence. The vote capped months of legislative wrangling over the nature of the force and who would control it, with human-rights activists and civil society groups lobbying fiercely to limit the military’s influence on it and warning it could represent the further militarization of policing in Mexico. (Mexico Approves 60,000-Strong National Guard. Critics Call It More of the Same).
"A simple majority of Mexico’s 32 state congresses must ratify the proposal in order for the new security force to be created." (2 states give unanimous approval to new national guard). To date 2 states have approved. The Approval was not without controversy and it was with a certain irony that the modifications created by Congress were meant to strengthen the human rights elements of the plan, modifications that were criticized by the President (México: Senado aprueba por unanimidad la creación de la Guardia Nacional).   It is to the human rights elements of the new Guardia Nacional that the rest of this post considers.