March 2018 Newsletter from John Knox: Summing Up and Moving On

John H. Knox, UN Special Rapporteur on human rights and the environment (former Independent Expert on Human Rights and the Environment) and Henry C. Lauerman Professor of International Law has been advancing his mandate. (See HERE, HERE, HERE, and HERE, HERE, HERE, HERE. HERE, HERE, Here, HERE and here, here, and here). 

Professor Knox has now circulated his February 2018 Newsletter,  He reminds us that his work under the current mandate may be coming to an end.   At the March 2018 meeting of the Human Rights Council, the Special Rapporteur will present the "Report on Framework Principles on Human Rights and the Environment" along with reports on the human right to a healthy environment, children's rights and the environment, and reports on country visits.  

This post includes Professor Knox's 29 March Newsletter.  In it Professor Knox summs up the excellent work undertaken throughout his mandate and points the way to future work on the important issue of the relationship between issues of environment, sustainability, human rights, and the respo0nsibilities of enterprises and the duties of states with respect thereto. While Professor Knox's work was welcomed by the Human Rights Council, it was a pity that the Framework Principles were not endorsed.  More work for another day and perhaps another mandate holder.  

I wish to extend a warm congratulations to Professor Knox for the extraordinary work he was able to undertake during the course of his mandate.  He has moved the project of environment, sustainability and human rights along  well beyond the expectations of many in a thoughtful and useful way.  For that, for his incisive analysis, for his vision and for the path he has opened for us to follow, we are all in his debt.

The March Newsletter follows.

New Articles from the Latin American Research Review

I am happy to pass along a new set of articles from the Latin American Research Review.  Some of these might be of interest.  The articles with links follow.

The Latin American Research Review (LARR) publishes original research and review essays on Latin America, the Caribbean, and Latina/Latino studies. LARR covers the social sciences and the humanities, including the fields of anthropology, economics, history, literature and cultural studies, political science, and sociology. The journal reviews and publishes papers in English, Spanish, and Portuguese. All papers, except for book and documentary film review essays, are subject to double-blind peer review. LARR, the academic journal of the Latin American Studies Association, has been in continuous publication since 1965.

Back content for this journal from 1965 to 2012 can be found on JSTOR. Content from 2003 to 2016 is available at Project Muse. Back content is available on the LASA website to LASA members.

Latin American Research Review (LARR) publica investigación original y reseñas en las áreas de Estudios Latinoamericanos, del Caribe y Latinos/Latinas en los Estados Unidos. LARR cubre temas de humanidades y ciencias sociales, incluidos los campos de antropología, economía, historia, literatura y estudios culturales, ciencia política y sociología. La revista evalúa y publica artículos en inglés, español y portugués. Todos los artículos, excepto las reseñas de libros y de documentales, están sujetos a evaluación anónima por pares. LARR, la revista académica de la Latin American Studies Association (Asociación de Estudios Latinoamericanos), se ha publicado de forma constante desde 1965.

Los números anteriores de la revista entre los años 1965 y 2012 están disponibles en JSTOR. Los contenidos entre los años 2003 y 2016 son accesibles en Project Muse. Se encontrarán también números anteriores en el sitio web de LASA con acceso abierto para miembros de LASA.

Just Published: "Theorizing regulatory governance within its ecology: the structure of management in an age of globalization," Contemporary Politics 24(3):-- (2018)

(Pix © 2018 Larry Catá Backer)

I am happy to announce the publication of "Theorizing regulatory governance within its ecology: the structure of management in an age of globalization," Contemporary Politics 24(5):-- (2018) (https://doi.org/10.1080/13569775.2018.1452108) (electronic version now available, paper version to come soon). My thanks to Poul Kjear and Antje Vetterlain of the Copenhagen Business School for overseeing the excellent symposium issue (Regulatory governance: rules, resistance and responsibility) of which this is a part. The good folks at Taylor and Francis are happy to sell you a copy: here. I have a few free reprints I can distribute as well.  

The Abstract and the pre submission Introduction follow below:

On the Internationalization of China's "New Era" Theory: Brief Thoughts on the UN Human Rights Council Resolution: "On promoting mutually beneficial cooperation in the field of human rights" (A/HRC/37/L.36)

The resolutions of the UN Human Rights Council rarely get much coverage.  Sometimes they serve to articulate positions of various multilateral factions  (always shifting) in the constant struggle for influence and the management of the international system in "mutually beneficial" ways--understood in the sense that such mutual benefit for all is evidenced by the work of the vanguard able to cobble together sufficient votes to make  that point. Beyond the space where states play, civil society and the masses who must bear the consequences of the games that these masters play, these resolutions often than to serve as evidence of some already formed belief or other about the HRC and its predilections, or about the character and motives of those states that drive these resolutions.   

Most of the time much of this is true enough--though such resolutions are critically important in developing a sense of the flows of power among factions of states as they seek to capture the control of the narrative of international discourse and more importantly the consequences of that discourse for law and norm making that can then be imposed on (or serve as an excuse for such imposition in bilateral relations) others. 

Yet when a significant new player enters the arena it is worth taking a moment to pause and consider the  character, motives and objectives of that new player in an already complex network. In that context, the UN Human Rights Resolution  "On promoting mutually beneficial cooperation in the field of human rights" (A/HRC/37/L.36; 19 March 2018), sponsored by and reflecting an important new perspective of the People's Republic of China is worth considering in some detail. That resolution has been embraced and condemned by leading states and the press.  Yet those reactions have uniformity missed the central important element of that resolution.  Chinese internationalism is now fully  engaged.  Yet to understand the nature of that internationalism--and the new 4th Communist International it suggests--requires a better understanding of the development and focus of Chinese Communist "New Era"  Thought that adds substantial meaning to the new operative  language of "Socialist Human Rights" internationalized-- "mutually beneficial cooperation."

This post includes brief thoughts on the UN Human Rights Resolution  "On promoting mutually beneficial cooperation in the field of human rights" (A/HRC/37/L.36; 19 March 2018), along with the text of Resolution A/HRC/37/L.36, the official summary of the proceedings culminating in its approval, and the Reuters reporting, Stephanie Nebehay, "U.S. and China clash at U.N. rights forum on Beijing text," Reuters 23 March 2018 (widely circulated).

The Background Brief may be downloaded HERE.  Resumen en Español AQUI. 中国语言版本

The Cuban Cooperative From Proletarian Corporation to State Related Enterprise: Thoughts on Marc Frank, Cuba cracks open wholesale food sales for state-linked cooperatives (Reuters) [La cooperativa cubana: desde la posibilidad de una forma de corporación proletaria transformada en empresa indirectamenta estatal: reflexiones sobre Marc Frank, Cuba abre la venta mayorista de alimentos para las cooperativas vinculadas al estado (Reuters)]

In the wake of the opening up of the economy at the start of the leadership of Raúl Castro, the high point of which was the development of the Guidelines for Economic Reform of 2011 (Lineamientos de la política economia y social del Partido y la Revolución (18 April 2011)), the Cuban Party-State appeared to be on the cusp of at least a small but potentially significant willingness to allow non state actors to aggregate labor (but not capital) for the purpose of developing a limited markets based private sector.  The cooperative appeared to be the PCC's  answer to the question: is it possible to create a viable proletarian corporation in a traditional European Marxist Leninist system? [A raíz de la apertura de la economía al inicio del liderazgo de Raúl Castro, el punto culminante fue el desarrollo de las Pautas para la Reforma Económica de 2011 (Lineamientos de la política económica y social del Partido y la Revolución 18 de abril de 2011), el Partido-Estado cubano parecía estar en la cúspide de al menos una voluntad pequeña pero potencialmente significativa de permitir que actores no estatales agreguen mano de obra (pero no capital) con el fin de desarrollar un sector privado basado en mercados limitados. . La cooperativa parecía ser la respuesta del PCC a la pregunta: ¿es posible crear una corporación proletaria viable en un sistema Marxista Leninista europeo tradicional?]

As hopeful as that might have been (see, e.g., here) the opening was limited in some key ways.  First, the state retained a monopoly on the use of the corporate form.  Second, the state continued to tightly control the form and operations (including pricing) of cooperatives.  And third, cooperatives were still strictly limited to the occupations for which licenses were permitted (roughly about 200 very specific occupations).  [Por muy esperanzado que haya sido (ver, por ejemplo, aquí), la apertura fue limitada en algunos aspectos clave. Primero, el estado retuvo el monopolio sobre el uso de la forma corporativa. En segundo lugar, el estado continuó controlando estrechamente la forma y las operaciones (incluido el precio) de las cooperativas. Y tercero, las cooperativas todavía se limitaban estrictamente a las ocupaciones para las cuales se permitían las licencias (aproximadamente unas 200 ocupaciones muy específicas).]

La debida diligencia de derechos humanos y las universidades (Human Rights Due Diligence and the University): Presentation at "Foro Retos y Desafíos de las Empresas y los Derechos Humanos" (Forum Obstacles and Challenges for Business and Human Rights)

I have written about the excellent event: "Foro Retos y Desafíos de las Empresas y los Derechos Humanos" (Forum: Obstacles and Challenges for Business and Human Rights) (HERE). In addition to my presentation on human rights multilevel governance and lawyering (here), the conference organizers were kind to have invited me to present an extended discussion of a current research project during the course of a panel organized around the theme, Empresas y derechos humanos; los retos desde la Academia ("Business and Human Rights Challenges for the Academy").

That presentation, entitled  La debida diligencia de derechos humanos y las universidades (Human Rights Due Diligence and the University), described a research project in progress which I first presented at the Forum on Business and Human Rights this past November.  It considers three broad issues: (1) ought universities to be subject to the requirements of the UN Guiding Principles for Business and Human Rights (and if so as a state instrumentality or as an enterprise); (2) If so, what are the challenges and obstacles to implementing a human rights due diligence program within the modern complex university, and to what extent is further research necessary to provide greater clarity; and (3) Given available research, can one speculate about the key features of a plausible robust approach to building strong human rights due diligence structures within the modern university?  While the presentation raised more questions than it answered, it is my hope to provide more answers than questions as this research progresses.  Ideas, and suggestions welcome!

The presentation PowerPoints follow (Español and English).  They may also be accessed here. 

The presentation video recording may be accessed here, with thanks to the student volunteers and staff of the Pontifical University Javeriana who made the recording available so quickly.

"La gobernanza multinivel en el ejercicio de la profesión legal en empresas y derechos humanos" ("Multilevel governance in the exercise of the legal profession in business and human rights"): Presentation at "Foro Retos y Desafíos de las Empresas y los Derechos Humanos" (Forum Obstacles and Challenges for Business and Human Rights)

I have written about the excellent event: "Foro Retos y Desafíos de las Empresas y los Derechos Humanos" (Forum: Obstacles and Challenges for Business and Human Rights) (HERE). I was delighted to have participated in one of the panels, El ejercicio de la profesión legal y los derechos humanos (The exercise of the legal profession and human rights) which took place on the first day of the conference.

My presentation was entitled  La gobernanza multinivel en el ejercicio de la profesión legal en empresas y derechos humanos ("Multilevel governance in the exercise of the legal profession in business and human rights") I am happy to provide the PowerPoint to that presentation below.  The Powerpoints are in English and Spanish. The PowerPoints may also be downloaded HERE.

The object of the presentation was a simple one, yet one that revealed the complexities of the project of embedding human rights sensibilities in the work of lawyers.  It took every word of the title of the presentation not as the construction of a single phrase, but rather centered the analysis on the premise that each word of the phrase that made up the title of the presentation in itself serves as a gateway to the complexity inherent in the phrase to which each contributes meaning ( El objetivo de la presentación fue muy simple, sin embargo, uno que revela la complejidad del proyecto de incorporación de las sensibilidades de los derechos humanos en el trabajo de los abogados. Tomó cada palabra del título de la presentación no como la construcción de una sola frase, sino que centró el análisis en la premisa de que cada palabra en sí misma sirve como una puerta de entrada a la complejidad inherente a la frase a la que cada uno aporta un significado).

The opening and closing image provided the metaphor for the conclusion--that the legal profession is ill equipped in its culture, training and outlook to effectively provide service to clients in a regulatory environment characterized by polycentric multi sourced legal and regulatory regimes around which human rights related risks and obligations arise. (La imagen de apertura y de cierre proporcionó la metáfora de la conclusión: que la profesión legal está mal equipada en su cultura, capacitación y perspectivas para brindar un servicio eficaz a los clientes en un entorno regulatorio caracterizado por regímenes jurídicos y reguladores multi-fuente policéntricos en torno a los cuales los derechos humanos se generan riesgos y obligaciones relacionados.)

The video of the Panel presentations including mine (which starts around minute 43), all en Español may be accessed HERE.

Just Published: 测度、评估和奖励：中国和西方建立社会信用体系的挑战？(Cutting-edge measures, assessments, and rewards: The challenge of establishing a social credit system in China and the West?)

I am delighted to announce the publication of my article: 测度、评估和奖励：中国和西方建立社会信用体系的挑战？(Cutting-edge measures, assessments, and rewards: The challenge of establishing a social credit system in China and the West?).  It has been published (只有中国语文) by the Shanghai Jiaotong University  “Internet Financial Law Review (jiflsjtu)” through its WeChat public platform.

The article elaborates the ideas I presented at the  Conference, Global Perspectives on Law and Social Credit, which took place at Shanghai Jiaotong University (上海交通大学)) 23 Sept. 2017. These touch on the foundational challenges toward the construction of social credit systems in China and in the West.  It focuses specifically on the difficulties around the issues of data and algorithms in the making and use of big data based and social credit systems to advance public and private policies.  The English language preliminary version appears in draft form as "Measurement, Assessment and Reward: The Challenges of Building Institutionalized Social Credit and Rating Systems in China and in the West" (September 21, 2017).

My thanks to Great thanks as well to Duoqi Xu, Professor, Shanghai Jiao Tong University KoGuan School of Law; Director, Shanghai Jiao Tong University Research Center for Internet Law Innovation for making this possible. The Chinese language version follows (只有中国语文) :

Conference Announcement: "Foro Retos y Desafíos de las Empresas y los Derechos Humanos" (Forum Obstacles and Challenges for Business and Human Rights)

It gives me great pleasure to announce the upcoming event: "Foro Retos y Desafíos de las Empresas y los Derechos Humanos" (Forum: Obstacles and Challenges for Business and Human Rights). Among its participants will be the Vice President of the Republic, the presidential advisor on Human Rights, a member of the UN Working Group for Business and Human Rights, the Ecuadorian Ambassador to Columbia, and senior university officials.

It is organized by the Pontificia Universidad Javeriana, Facultad de derecho y Consejería Presidencial para los Derechos Humanos and will take place martes (Tuesday) 20 y miércoles (Wednesday) 21 de marzo (March) 2018 at the Pontifical University in Bogotá Columbia (Building Jorge Hoyos Vásquez, SJ AUDITORIUM ALFONSO QUINTANA, SJ Floor 3, Carrera 7 # 40b 36 (Tuesday) and (Building No. 95, Manuel Briceño Jáuregui SJ, SJ AUDITORIUM VASQUEZ JAIME HOYOS(Wednesday). I am thrilled to be a small part of this effort.

I especially appreciate the strong contributions of really strong thinkers and activists from the Spanish speaking world to the enrichment of the discourse and construction of business and human rights frameworks, toolkits, theory and approaches. Their contributions adds a necessary and important thread, which when added to those from North America, Europe and Asia, will help shape emerging international consensus on the "great ideas" and generate important approaches to the implementation of these ideas and principles within the complex contexts of quite distinct localities.

The Conference Program follows.

Congressional-Executive Commission on China (CECC) Focuses Attention on Chinese Lawyers and Beijing Evictions

The Congressional-Executive Commission on China was created by the U.S. Congress in 2000 "with the legislative mandate to monitor human rights and the development of the rule of law in China, and to submit an annual report to the President and the Congress. The Commission consists of nine Senators, nine Members of the House of Representatives, and five senior Administration officials appointed by the President." (CECC About). The CECC FAQs provide useful information about the CECC. See CECC Frequently Asked Questions. They have developed positions on a number of issues (e.g., here).

CECC tends to serve as an excellent barometer of the thinking of political and academic elites in the United States about issues touching on China and the official American line developed in connection with those issues. CECC becomes an even more important barometer of coherence and fracture in policy approaches as the discipline of activities between the political parties and the President and Legislature fractures in new and dynamic ways. As such it is an important source of information about the way official and academic sectors think about China. As one can imagine many of the positions of the CECC are critical of current Chinese policies and institutions (see, e.g., (here, here, here, here, here, here, here, here, here, and here).

CECC has just released new analysis in two areas of activity of the Chinese state that they have been following for some time; (1) Chinese Authorities Continue To Suppress Lawyers After Replacing Minister of Justice (March 15, 2018.); (2) Campaign of Forced Evictions in Beijing Contravenes International Human Rights Standards (March 14, 2018). Both have generated much commentary and substantial controversy within and beyond China. The Reports do not break much new ground, though they reflect current thinking in Washington.  The summary of both follows along with the CECC Press Release and some very brief comments.

Film Screening: "Los Que se Quedaron;" Catalan Migration to Cuba

Worth attending if possible. A less well known but fascinating history, one which touched part of my own family. It was originally scheduled for March 7th but was postponed due to snow.

Using original footage from the early 20th century and interviews with surviving descendants and Catalan immigrants, Los Que Se Quedaron traces Catalan migration to Cuba, a process that began in full force in the 19th century.

“Film Screening: Catalan Migration to Cuba ” Wed, March 27, 6.30 PM

TO REGISTER send e-mail to bildner@gc.cuny.edu

 

Please Join Us: Conference--Rule of Law and Governance in China at Home and Abroad (国内与国外两个视角)

On Thursday 15 March 2018, the Coalition for Peace & Ethics and the Foundation for Law and International Affairs will host the Conference: Rule of Law and Governance in China at Home and Abroad (国内与国外两个视角).  We gratefully acknowledge the support of Penn State University (School of International Affairs/Law) which provided in-kind support for these events. The Conference runs from 1.00  - 5.30 P.M. and will be held in the Katz Building of Penn State Law/SIA Room 110.

It is the final part of its series, The Vanguard Acts: Focusing on China at the Dawn of its 'New Era.'  The Conference Note may be accessed HERE.  The PROGRAM follows.

Teach-In on China; Wednesday 2 PM U.S. East Coast Time--Join Us!

Announcement

Teach-In: An Introduction to China

Pennsylvania State University

Katz Building Room 336

14 March 2018 – 2.00 – 4.30 P.M. U.S. East Coast Time

Live Streamed With Participation From Listeners.  

DIAL IN INFORMATION FOLLOWS BELOW 

 

The Teach-In will take place 14 March 2018 in Katz Building Room 336, Pennsylvania State University From 2.00 – 4.30 P.M. Its aim is to provide a basic introduction for those who know very little but are interested in knowing more. We hope you find this useful and encourage your participation.  It is organized around four broad themes: (1) Chinese political system; (2) Chinese economic organization; (3) One Country two systems; (4) a Primer on the “New Era.”

The event will be LIVE STREAMED and Recorded. Listeners to the live stream event will have the opportunity to send in their questions via MediaSite.  

The Program may be accessed HERE.

The Concept Note MAY BE ACCESSED HERE.

 

Please join us Live: Round Table: Socialist Rule of Law and Governance after the 19th Chinese Communist Party Congress 13 March 2018 (国内外两个视角2018年3月13日圆桌会议概念文件).

Please join us! Live streamed starting at 10 AM US East Coast Time, Tuesday 13 March 2018. Mediasite access here: 

http://mediasite.dsl.psu.edu/mediasite/Play/7ffa0561f1bf407b9361a8a56769c87d1d  

The Vanguard Acts: A Focus on China at the Dawn of its “New Era." Round Table: Socialist Rule of Law and Governance after the 19th Chinese Communist Party Congress 13 March 2018 (国内外两个视角2018年3月13日圆桌会议概念文件). The Roundtable will take place in Katz Building Room 232 13 March 2018 10 AM – NOON U.S. East Coast Time. This more informal event brings scholars together from around the world to take stock of the tremendous changes that are occurring now and their international and international implications. The focus is on conversation. There will be lots of time for questions.

Just Published-- "Between the Judge and the Law: Judicial Independence and Authority With Chinese Characteristics," Connecticut Journal of International Law 33(1):1-41 (2017)

I am happy to announce the publication of "Between the Judge and the Law: Judicial Independence and Authority With Chinese Characteristics," which appears in the latest issue of the Connecticut Journal of International Law 33(1):1-41 (2017). My thanks to the Journal and its excellent staff and a special shout out to Ryan Hoyler, its Lead Articles Editor. They were all a delight to work with. 

The article suggests the value of approaching an analysis of the state of the Chinese judiciary and its reform from within the context of the normative structures of the Chinese political system--including its separation of powers principles.  That approach is a necessary predicate to understanding both the trajectory of judicial reform in the "New Era" and the range of plausible approaches it may take move toward universal objectives of "good" or "sound" judicial function.

The Abstract and Introduction follow.

Opening Statements Available for Roundtable: "Socialist Rule of Law and Governance after the 19th Chinese Communist Party Congress" 13 March 2018 Pennsylvania State University

I am delighted to post the brief Opening Statements of the participants  of the Roundtable: "Socialist Rule of Law and Governance after the 19th Chinese Communist Party Congress" 13 March 2018 Pennsylvania State University.

Backer, Larry Catá; Democratic Centralism in the Xi Jinping New Era.

Sapio, Flora; Beyond the Headlines: A Practical Take on the Annual Session of the National People’s Congress.

Sun Ping; The Party-State System and the Reform of National Supervision System.

Yan Qui, Accounting perspective on One Belt One Road.

More information about the Roundtable may be accessed HERE.

The Roundtable will be live streamed with opportunity for real time questions from a global audience. 

Announcing Teach-In on China 座谈会：“新时代”的中国, Pennsylvania State University and Live Streamed

Announcement

Teach-In: An Introduction to China

Pennsylvania State University

Katz Building Room 336

14 March 2018 – 2.00 – 4.30 P.M. U.S. East Coast Time

Live Streamed With Participation From Listeners. 

As part of a week of events tied to the transformation of China in the “New Era”–The Vanguard Acts: A Focus on China at the Dawn of its “New Era,” we have organized this “Teach-In” to take advantage of the fortuitous visit of prominent China scholars to the Penn State campus. Concept Note and Program Details follow.  作为关注中国“新时代”转型的“先锋行动：在新时代的前夕关注中国”系列活动的一部分，我们借几位杰出的中国学者访问Penn State 之宜组织了这场座谈会，具体信息如下。

The Teach-In will take place 14 March 2018 in Katz Building Room 336, Pennsylvania State University From 2.00 – 4.30 P.M. Its aim is to provide a basic introduction for those who know very little but are interested in knowing more. We hope you find this useful and encourage your participation.  It is organized around four broad themes: (1) Chinese political system; (2) Chinese economic organization; (3) One Country two systems; (4) a Primer on the “New Era.”

The event will be LIVE STREAMED and Recorded. Listeners to the live stream event will have the opportunity to send in their questions via MediaSite.  

The Program may be accessed HERE.

The Concept Note follows. 

Announcing Roundtable: "Socialist Rule of Law and Governance after the 19th Chinese Communist Party Congress" 13 March 2018 Pennsylvania State University

Roundtable: Socialist Rule of Law and Governance after the 19th Chinese Communist Party Congress
13 March 2018
Pennsylvania State University
Katz Building Room 232
13 March 2018
10 AM – 12.30 P.M. U.S. East Coast Tome

LIVE STREAMED on Mediasite; We Welcome Your Participation!

As part of a week of events tied to the transformation of China in the “New Era”–The Vanguard Acts: A Focus on China at the Dawn of its “New Era,” we have organized a Round Table on Socialist Rule of Law and Governance after the 19th CPC Congress. This Round Table builds on our initial Round Table, The Implications of the 19th Chinese Communist Party Congress, which we held shortly after the conclusion of the 19th Chinese Communist Party Congress.

This Round Table brings together a group of scholars from China, Europe and the U.S. who will consider the further implications of the 19th CPC Congress more specifically in the context of the important objectives of developing Socialist Rule of Law and governance. That exploration implicates significant initiatives both internally and in the context of China’s growing external relations. Participants will consider the development of internal disciplinary systems, their rules and structures, as well as Chinese external initiatives–principally the One Belt One Road Initiative. The relevance of big data management, AI and algorithms will also be considered.  Program HERE.

All are welcome to attend and participate either in person or through an interactive live streaming of the event. Participants will be afforded ample time for questions which may be submitted online or in person. Round Table information is posted below.

作为关注中国“新时代”转型的“先锋行动：在新时代的前夕关注中国”系列活动的一部分，我们组织了一场聚焦于十九大后社会主义法治和治理的圆桌会议。这场圆桌是我们去年在十九大结束后不久举办的“中共十九大的影响”圆桌会议的进一步讨论。

这次圆桌邀请了来自中国、欧洲和美国的一批学者，他们将在发展社会主义法治和治理的语境下，更加细致地讨论十九大的进一步影响。这一探究也揭示了中国对内对外两个方面的重大倡议。与会者将会从内部纪律体系的发展，其规则和结构，以及中国的外部倡议—主要是一带一路倡议—等方面展开讨论。同时也将讨论大数据管理、人工智能和算法等在社会主义法治和治理发展中的有关影响。

欢迎任何人参与本次圆桌会议或者是通过我们搭建的网络直播互动平台参加我们的讨论，我们将为现场和线上观众保证足够时间提问互动。更多有关信息如下。

The Concept Note  and Program follows.  

中共中央办公厅关于印发《党政领导干部职务任期暂行规定》等三个法规文件的通知 [Notice of the General Office of the Communist Party of China on Issuing Three Laws and Regulations Documents, "Interim Provisions on Tenure of Leading Party and Government Cadres"]

In a very famous speech almost 40 years ago, one still posted to official websites, Deng Xiaoping noted:

As far as the leadership and cadre systems of our Party and state are concerned, the major problems are bureaucracy, over-concentration of power, patriarchal methods, life tenure in leading posts and privileges of various kinds. . . . Over-concentration of power means inappropriate and indiscriminate concentration of all power in Party committees in the name of strengthening centralized Party leadership. Moreover, the power of the Party committees themselves is often in the hands of a few secretaries, especially the first secretaries, who direct and decide everything. Thus “centralized Party leadership” often turns into leadership by individuals. This problem exists, in varying degrees, in leading bodies at all levels throughout the country. Over-concentration of power in the hands of an individual or of a few people means that most functionaries have no decision-making power at all, while the few who do are overburdened. This inevitably leads to bureaucratism and various mistakes, and it inevitably impairs the democratic life, collective leadership, democratic centralism and division of labour with individual responsibility in the Party and government organizations at all levels. (Deng Xiaoping, On the Reform of the System of Party and State Leadership (August 18, 1980))

It is with this in mind, instructed by the equally famous suggestion of Deng Xiaoping, that "Mao Zedong Thought Must Be Correctly Understood As An Integral Whole" (July 21, 1977)("Being a great Marxist, Comrade Mao Zedong repeatedly spoke out against inappropriate and unscientific assessments of himself, and on many occasions he taught us what the correct relationship should be between the people and leaders . . . The Gang of Four really debased our standards of social conduct. For 10 years or even longer, they engaged in disruptive activities. . .  Things reached such a pass that many of our Party comrades dared not speak out and, in particular, dared not tell the truth but resorted to pretence and deception.") and mindful of other changes being considered now (e.g., here) that it may be useful to consider the recently circulating document: 中共中央办公厅关于印发《党政领导干部职务任期暂行规定》等三个法规文件的通知 [Notice of the General Office of the Communist Party of China on Issuing Three Laws and Regulations Documents, "Interim Provisions on Tenure of Leading Party and Government Cadres"] which follows:

News From Cuba: Fear of Rising Foreign Debt, Challenges for Development, and Few Short Term Prospects; Resolution 19/2018 Banco de Cuba

(Pix © Larry Catá Backer 2018)

Since the failure of U.S. Cuba normalization, and the return to the reactionary status quo, which older people appear to feel more comfortable  with (like a pair of old and well worn slippers that provide a comforting nostalgia, whatever one's political and ideological allegiance), Cuba has also returned to its perhaps also comfortable state of perpetual penury, especially with respect to its never ending search for financing of its centrally planned economic development. 

Two recent reports from Cuba suggest the contours of both that penury and its consequences for Cuban economic development, at least for the short term.  History has taught us that the one certainty in the consideration of the logic of the actions of leaders in the United States and Cuba is that one always tends to underprice the value of ideological perseverance.  That may serve as a useful window for understanding the rationality of decisions taken on both sides with respect to economic choices.  And more interesting still, perhaps, is the price that Cuba is willing to pay for friendship with Russia and China, the political value of which appears to be much higher than its contribution to the development of the Cuban economy. 

Yet in a sense there is little that is extraordinary in these events: "“They have figured out that the government can renegotiate the foreign debt, but if the state companies do a poor job managing their finances they face the same problem over and over again,” said Vidal, who teaches at Universidad Javeriana Cali in Colombia." (here). Cuba has again become little more than an average player within its region. That turn, however, may turn out to be tremendously and potently threatening to a political system that based its legitimacy (and the sacrifices it asked of its people) precisely on the basis that it and its political project were both special and good. The political consequences, then, might be worth watching as the transformation of Cuba from extra to merely ordinary might affects the legitimacy of the Party-State system.

The first report touches on a slight recovery of sugar harvesting and its contribution to Cuban economic growth.  But note the quite small contribution that such sales make to Cuba's position even in the best of times.  The other ("Cash-Strapped Cuba Imposes New Restrictions on Imports") touches on the difficulty of securing enough funding for the operation of the Cuban public economic sector and the need to impose austerity measures. Also following is the text of the Bank of Cuba's Resolution 19/2018 from the Cuban Gaceta Oficial (28 February 2018) which acknowledges the danger of an increasing foreign debt necessary to sustain Cuban economic activity.

Toward guiding principles for assessing the human rights impact of economic reform policies: "Report of the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights"

Guiding Principles have become an important part of the toolkit for managing actors and activity at the international level. This process has accelerated since the endorsement of the UN Guiding Principles for Business and Human Rights in 2011.  More recently, at the March 2018 meeting of the Human Rights Council, John Knox, the Special Rapporteur on human rights and the environment, will present the "Report on Framework Principles on Human Rights and the Environment" along with reports on the human right to a healthy environment, children's rights and the environment, and reports on country visits (discussed here).   

Juan Pablo Bohoslavsky, the Independent Expert on the effects of foreign debt and human rights has been developing the groundwork (here, and here), for his own framework proposal respecting the human rights obligations of states with respect to the implementation of their macro-economic policies.  The framework proposal  is the product of a long process of engagement and thought that seeks to realign policy in light of the consequences of financialization and what is now fashionably described as "hyperglobalization" (the later term a judgment around the continuing development of the logic of globalization as it shift power over macro-economic policy from states elsewhere).  The target of analysis has been the usual response to economic crisis--the structural adjustment policy packages that have oozed out of IFIs and have been imposed by both public and private sovereign lenders to prevent or overcome financial crises and in the process ot shift power over macro-economic policy form states to the institutions of global public finance. Severe adverse human rights impacts can sometimes follow. It is to the task of ameliorating these effects that the framework is deployed. To the ends of developing the framework for guiding principles the Independent expert "undertook a mapping of the social and human rights impact assessment tools used by States, international organizations and non-State actors" and organized meetings of experts ("Report ¶9).

My brief thoughts follow along with the press release of the Independent Expert on the effects of foreign debt and human rights and relevant parts of the  "Report of the Independent Expert on the effects of foreign  debt and other related international financial obligation s of  States on the full enjoyment of all human rights, particularly  economic, social and cultural rights" A/HRC/37/54 (Dec. 2017) in which Mr. Bohoslavsky suggests preliminary aspects of a set of guiding principles for States and other relevant parties to assess economic reform policies from a human rights perspective. These are meant to trigger discussion and broad participation.

Deliberative Democracy (协商民主) in Context; Considering the Revisions to Democratic Centralism in the Chinese Communist Party Constitution in the Shadow of Suggested Changes to Leadership Term Limits

(协商民主，彰显中国道路自信 ——2018年两会系列之协商民主)

Two related but distinct elements are sometimes intertwined when one thinks about the organization of Chinese governance.  The first touches on the constitution of the Chinese Communist Party--its internal and self reflexive constitution along socialist democratic anti-cult of personality Principles.  The second touches on the external relationships between this Vanguard Party, in its leadership role,  and its partners through the administrative mechanisms of government.

Both of these elements share an important normative element--the centrality of collective action. Collective action itself describes an evolving concept at the core of Leninist theory for the operation of legitimate vanguard political organizations that mean to retain an authoritative leadership role .  That notion of collectivity has evolved from the time of its first manifestations in early post revolutionary Marxist Leninist states.  These were marked by a crude interpretation of democratic centralism tied to the linchpin of a charismatic (and sometimes less charismatic) leader whose cult of personality sometimes subsumed the collective character central to a legitimate Leninist organization within his (never hers to date) own body.  

Modern Leninist theory rejects the notion that a vanguard party cannot exist except as manifested through a single leader serving at his pleasure. The healthy development of a more collectivist and internally democratic post revolutionary and governing vanguard party has seen its greatest development in China. China's own constitution appears to reject the notion of cult of personality--of a leader who hijacks the vanguard, and swallowing it like a piece of cake declares himself its singular manifestation.  This ought to be so even as particular personalities assume a position at the core of leadership, and leaders assume a core element of Party governance.  

It is in this light that one might consider the 2018 changes to the Chinese Communist Party Constitution that speak to the practice of democratic centralism in the CPC itself, and thus the relationship of the democratic mass of the Party to its leadership, however constituted from time to time. That suggests a further evolution of the Leninist notions of collectivity that have been developing in China, the exact expression of which in the New Era remains to be seen. 

The Affair of the Sonic Weapons Attack: A Sonic Cocktail with a Kick--(Kevin Fu, Wenyuan Xu, and Chen Yan, “On Cuba, Diplomats, Ultrasound, and Intermodulation Distortion,” IEEE Spectrum (March 2018)

(Can sound be used as a weapon? 4 questions answered )

The Affair of the Sonic Weapons Attack continues to percolate away in the back burner while the chattering classes' attention is focused on momentarily more fashionable events.  That distraction provides a space within which scientists in the U.S. can continue to develop ideas about what might have caused injury.

A recent higher profile report by two scientists,  Kevin Fu, a computer scientist at the University of Michigan, his frequent collaborator, Wenyuan Xu, a professor at Zhejiang University, in Hangzhou, China, and her Ph.D. student Chen Yanand, suggest yet another explanation for the sonic attacks--not as attacks but intermodulation distortion, as an unfortunate consequence of a cocktail of sonic devices with cross purposes  (Kevin Fu, Wenyuan Xu, and Chen Yan, “On Cuba, Diplomats, Ultrasound, and Intermodulation Distortion,” IEEE Spectrum (March 2018) available on the Security and Privacy Group’s website [PDF]).

The theory has yet to be discussed by the scientific community (at least in public).  Some questions remain worth thinking about. First, while U.S. (and it appears Chinese) scientists continue to work on the issue, one hears nothing from Cuba and its scientists. Second, intermodulation distortion is traditionally understood as an unfortunate and unwanted effect of unwanted additional signals when two or more signals interact.  That is true enough and well known.  Yet one can only wonder whether it is possible to weaponize such a phenomenon.  If someone understands what happens when certaion signals are mixed, can one deliberately create certain intermodulation distortions deliberately in a targeted way?

Thus, while it is possible to suggest that "bad engineering" caused the injury, it might also be possible to suggest that a good knowledge of the effects produced by certain cocktails could be quite "good engineering" if instead the object was to cause injury. The science can provide the answer to "how" but it cannot help us understand either intention or objective. For that a different forensics will be in order.  All of this remains to be determined, of course.  But it does appear that the Affair continues to present interesting problems for resolution.

Portions of recent reporting follows.

The Vanguard Acts: A Focus on China at the Dawn of its “New Era” (先锋行为:在“新时代”开始时关注中国): Announcement of Three Days of Events at Penn State

At its 19th Congress of the Chinese Communist Party, held October 2017, the CPC leadership boldly announced the dawn of a “New Era”–a new stage in the history of the CPC and of China, as it moved forward, under the leadership of the CPC toward the ultimate mandatory goal of establishing a communist society in China.

For most outsiders much of this is both new and daunting. It is sometimes difficult to separate the myths and stereotypes of the failed European Marxist-Leninist experiment form the construction of the Chinese (and to some extent the Vietnamese) Party-State. Yet such an understanding is now essential for anyone who is likely to deal with China or its enterprises int he course of global trade, international relations, or in the cyber sphere.

We are fortunate to have been able to bring together a number of noted China experts to consider various aspects of the the changes that constitute the New Era reforms in China. Over the course of three days at Penn State we will sponsor three events under a uniting theme: The Vanguard Acts: A Focus on China at the Dawn of its “New Era:” (先锋行为:在“新时代”开始时关注中国):

1.Round Table: Socialist Rule of Law and Governance after the 19th Chinese Communist Party Congress 13 March 2018 (国内外两个视角2018年3月13日圆桌会议概念文件);

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This more informal event brings scholars together from around the world to take stock of the tremendous changes that are occurring now and their international and international implications. The focus is on conversation.  There will be lots of time for questions.

2. Teach-In: China in the “New Era” — A Primer; 14 March 2018;

This

--> is designed especially for those with little knowledge of China, its governmental, legal and economic structures.  3. Conference: Rule of Law and Governance in China at Home and Abroad 15 March 2018 (国内与国外两个视角 2018年3月15日, 会议概念文件). 

This short conference will present some cutting-edge research of faculty gathered together here from Europe, the U.S. and China.

The event will be live streamed and then available in video recording. We encourage questions from our off site audience through Mediasite.

The Concept Notes for the three events follows. More information and details will be posted shortly.

Following the Non-Linear Dots that Connect "New Era" Chinese Leninism With the Cuban Party State

(Pix from Reflection of Cuba’s Castro on Deng Xiaoping, Free More News, June 25, 2012)

The last several months has witnessed a substantial movement in the the development of Chinese Leninism, and consequentially, to some extent, its Marxism as well. Much has already been written about the substantial and honest new direction offered in the Report of the 19th Chinese Communist Party Congress (discussed here, here, here, here,  here,  here, and here). Its effects on the development of Chinese constitutionalism have already emerged (see here). 

That movement has been reflected in amendments to the CPC Constitution (e.g., here, and here), and now to the State Constitution (e.g., here, and here). These changes reflect profound advances in the understanding of the collectivist element in Leninism, especially in the Chinese context, and the tight inter-connection between collective leadership where the Party rules and not a person,  and the mass line that reflects the fundamental obligation of the CPC to remain true to its Basic Line and to serve the people in the way in which that basic line can be made relevant and legitimate, as well as serve as a tool for the forward progress of socialist society, socialist rule of law, and socialist culture. These represent strong pillars for the expansion of notions of socialist modernization.  But these changes require some substantial study, both for what they suggest is the movement forward of Leninism within a Marxist context and the obligations of the CPC to realize in its actions the promise of its ideals. My own quite contrary views are set out here (PPT here).

(Change to Chinese presidency term limits could signal overhaul of role)

It is in that context that a number of reports that have been recently circulated might provide some food for thought for those who place some value in connecting dots. The first include reports that the Chinese Constitution will be amended further to lift the term limits of the of the President and Vice-President of the People's Republic of China (e.g., here; for comment see here and here). The second are recently circulating suggestions that China has much to learn from Cuban (and thus 1980s European) Marxism-Leninism. That is a curious development indeed in light of the antipathy that the Cuban Communism views the ideological heresies of Chinese Marxism Leninism. Indeed, one still recalls that near the end of his public Life Fidel Castro publicly dismissed Deng Xiaoping and extolled the virtues of the East German model of Leninism under Eric Honeker.  Now, for those up to it, connect the dots.

The primary sources from which these dots emerge follow.