Saturday, November 06, 2010

ALBA, Latin American Integration, and the Construction of Regional Political Power





States have long arranged themselves vertically; the fundamental ordering principal of political life remains substantially unchanged, with “right, as the world goes, . . . only in question between equals in power, while the strong do what they can and the weak suffer as they must” (Thucydidies, 331).  Modern international politics, and the system of international law that been used instrumentally to institutionalize it (Koskenniemi 2001, 238), is grounded in this foundation of verticality. The state system has, at least since 1945, been formally ordered on the basis of the principle of the equality of states (Alvarez 2006, 1-57).  Yet functionally, the state system is vertically ordered, grounded on a rule of deference by weaker states to more powerful ones, and the deference of all to the great political powers (Menkhaus 2007, 83-93).  This fundamental ordering framework, and its repercussions, has been nicely illustrated in the earlier chapters of this collection.





This vertically arranged functional system is replicated in the forms of organization of the state system at the international level. International institutions from the United Nations Security Council  to the International Monetary Fund are organized around the fundamental principle of deference to power. Leaders of less powerful states, like Hugo Chavez of Venezuela, have asserted that “These organisations only serve the powerful countries to legitimise their aggressions, like the US invasion of Iraq” (Suggett 2009). Informal institutions with a soft power leadership role, like those of the G-20 and the Paris Club, are grounded in the same principle.  Even the soft system of transnational constitutionalism that has served as a mechanism for shaping national discretion in the internal construction of domestic legal orders has been shaped by the grand strategies of the Great Powers of the time (Backer 2008).  Soft interventions through transnational institutions also provide a powerful tool of political, social and economic acculturation.  Antony Anghie has suggested the powerful disciplining effect of global efforts to inculcate “good governance” principles in developing states through international organizations like the World Bank and the International Monetary Fund (Anghie 2004; 245-72).  These involve “far reaching transformations, relating to the promotion of democracy, free markets and the rule of law—. . . . directed at reproducing in the Third World a set of principles and institutions which are seen as having been perfected in the West, and which the non-European world must adopt if it is to make progress and achieve stability” (Anghie 2004, 249).  Yet it was also to work on the great powers themselves as a means of providing a system of behavior limits for great powers dealing with the weaker members of the family of nations (Koskenniemi 2001).


But weaker states had long discovered, that the forms of multilateralism could be used as much for defensive purposes by them as it had been used in the construction of the international system for the benefit of the great powers. Among others, the Non-Aligned Movement is perhaps the most well known of these.  These declare an intention “to change the current system of international relations based on injustice, inequality and oppression. We act on international policy as a global independent factor” (Castro 1979). Yet the Non-Aligned Movement also represents both the potential of collective action by weaker states against the great powers, as well as the inherent weaknesses of these collectives.  “A multilateral trans-national organisation made up of states with differing ideologies and purposes could never create a rational administrative structure to implement its policies that all could accept” (Non-Aligned Movement, NAM Structure and Organization). More importantly, the Non-Aligned Movement suggested the impossibility of freeing smaller states from the influence of the great powers, even when smaller states sought to act in concert.  “The movement divided against itself over the Soviet invasion of Afghanistan in 1979. This division was an indication that the NAM was indeed aligned, and it is possible that an organization of this nature can never be fully non-aligned” (Asian Nuclear Energy 2009). 


Yet the attainment of a measure of political and economic power for small states through collective organization has remained an ideal for states and theorists (Mutua 2000, 38).  This chapter considers one of the most interesting recent efforts to leverage the power of small states through collective action.  In the form of ALBA—the Bolivarian Alliance for the Peoples of Our Americas (Alianza Alternativa para los Pueblos de Nuestra América)—these efforts have produced what may be a viable challenge to the free trade model of globalization (Garcia 2003). ALBA serves as a focus of resistance to the conventional trade model of privatization and globalization that are assumed to be bad for people, especially for those who live in developing states. (Backer 2006).  It is critically grounded on the idea that internationalization must be effected through states rather than individuals and private markets. (Bossi 2005). To this is added a fundamental distrust of private markets—markets that are not strictly controlled and managed by the state. (ALBA 2009).   ALBA thus has been constructed to serve, at least as a matter of theory, as both a system of free trade and as a nexus point for legal and political resistance to economic globalization and legal internationalism sponsored by developed states.  Fernando Bossi, the Secretary of the Bolivarian Peoples’ Congress recently wrote of the ALBA experiment as grounded in the objective of collective independence, the vehicle for which was revolution under the banner of socialism (Bossi 2009).


Following this Introduction, Part II turns to an examination of ALBA. The focus centers on ALBA as the expression of a distinct approach to multilateral organization at once oppositional (e.g., framed in opposition to the interests of the United States), and instrumental (e.g., implemented as a workable alternative to conventional social, economic and political organization). Part III then contextualizes ALBA within the dense network of trade treaties that mark the realities of economic relations in Latin America (Bulmer-Thomas 2003). Thus contextualized, ALBA serves as a nexus for competing pressures within both modern trade theory practice and the construction of multi-state system frameworks in Latin America beyond the orbit of global great powers.


II.  From Colony to Collective


ALBA is offered as a successful model of resistance, and as a means of avoiding the consequences of a vertically ordered state system. Fidel Castro declared: “in this union is our salvation (Bossi 2009). ALBA’s contribution to that objective is best understood as a function of its history and organization, ideological framework (theory) and practical expression (praxis).


A.  History and Organization.

Integration pits the post colonial project of state building against the internationalist project that aims to reduce the sovereign authority of states, both against each other and in their relations with private power. The integration of Latin America and the Caribbean is not a novel idea.  This goal, and the ideals guiding it, traces its roots to early nineteenth century conceptions of Latin American independence.  The framers of ALBA posited a strong connections between their efforts and those that produced the first great wave of Latin American independence movements (ALBA, Antecedentes históricos del ALBA).  ALBA is described as heir to early 19th century proponents of integration, especially Simon Bolívar’s vision for the newly freed states that had fought for their independence from Spanish rule in the first quarter of the nineteenth century.  The expression of these ideas can be found in his “Letter from Jamaica” (Bolivar 1815). The desire of ALBA, to integrate Latin America independent of colonial or neo-colonial powers, draws heavily on this effort to connect its activities to those of the founding generation of Latin American independence (Bossi 2005). ALBA seeks to draw those founders ‘s ideology to those of the revolutionaries of the late nineteenth century (the writings of Jose Martí (1891)) and later in the work of Augusto Cesar Sandino.  (Sandino 1929). 


Modern regional integration in Latin America is commonly traced to the period immediately after the Second World War and the work of the United Nations Commission for Latin America. (United Nations 1950).  In 1994, under the leadership of the United States, a Summit of the Americas was held in Miami to development the capstone to this movement toward hemispheric integration.  The intention was to create by 2005 a Free Trade Area of the Americas (FTAA), under which the private markets-based model of economic globalization was to be further institutionalized in the Hemisphere (Philips 2005).  It was in opposition to FTAA that ALBA was born. 


Part of the opposition to FTAA was grounded in a well developed world view that sought to synthesize strong elements of Soviet style Marxist-Leninist theory, post colonial theories, especially those coming out of African liberation movements, nineteenth century ethno nationalism, and 20th century socialist internationalism. Basic to these ideas was the positing of a fundamental opposition between the state and transnational corporations.  The former best represented the popular will (and public good), the latter represented private uncontrolled economic power inimical to the interests individuals, states and society (Venezuela 2006, 5).


Opposition was also grounded in the neo-colonialist consequences of asymmetric bargaining among states. The deleterious consequences for small states inherent in the asymmetries produced by current trade integration formulas was elaborated by Fidel Castro .  Castro focused on the function of modern globalization as a means to preserving asymmetrical trade relations between large and small states.  The focus was on sovereign debt and its consequences (Backer 2006a). Fidel Castro also publicly denounced these same concepts during his address to the United Nations General Assembly in 1979, in which Castro laid out critical points that now form central guiding principles in the formation of ALBA (Castro 1979). Castro reiterated similar concerns about the strangling effects the foreign debt has on small, impoverished countries (Castro 1985; Castro 1999). Castro also emphasized the public side of trade as a fundamental element of globalization and integration (Castro 1985). These ideas served as the ideological basis for what emerged as ALBA.


But ALBA represents a more radical departure from the conventional tactics of hemispheric opposition to perceived overreaching by the United States.  That departure is striking in two respects, first by the framing of ALBA on the basis of a coherent conceptual framework distinct from those espoused by the United States and its allies, and second, by the effort to use that oppositional ideology to construct a collective of states meant to be strong enough to challenge American hegemony in the Western Hemisphere.  While ALBA has failed in its second aim, it has produced a coherent ideology that has proven successful in drawing a number of states into its orbit (and out of the of their traditional patrons).


The idea for ALBA first appeared in 2001 proposals advanced by Hugo Chavez (ALBA Jan 24-26, 2008. It was developed publicly in a series of speeches, and dialogues among Cuba and Venezuela. The idea was to reconstruct and reapply the ideals represented by Bolivar, as understood by the leaders of Cuba and Venezuela. (Bossi 2005). The first concrete steps taken to create ALBA occurred after Hugo Chavez’s electoral success 2004 (ALBA Dec. 14, 2004). ALBA’s initial form was memorialized in a bilateral agreement between Cuba and Venezuela. This agreement provided for the structuring of relations between the two states on principles of solidarity and the exchange of goods and services, at the state-to-state level, in a manner mutually beneficial to the parties.  The formal agreement was executed at a ceremony held Havana, Cuba in December 2004 (ALBA Dec. 14, 2004).

Implementation was started in early 2005 (ALBA 2005). Its source in oppositional politics was memorialized in its initial name—the Bolivarian Alternative.  A variety of additional bilateral accords and joint endeavors were concluded and the ideological basis of the organization confirmed  (ALBA 2005). These have been followed by a large number of agreements, declarations and actions that have been meant to develop the conceptual framework of ALBA, and to construct a number of projects that are supposed to apply those principles in specific sectors and among a variety of shifting groups of ALBA members.  And the organization has grown from the initial bi-lateral arrangement between Cuba and Venezuela to include Nicaragua, Dominica, Ecuador, Antigua and Barbuda, and St. Vincent and the Grenadines.  Honduras, a member after 2008, withdrew after the ouster of President Zelaya in a controversial action that has yet to be recognized in the ALBA zone. The addition of these Members changed the agreement in a number of ways but did not affect the fundamental character of the association.


ALBA might perhaps be better understood as a space through which mutual cooperation on the basis of ALBA principles can be effected, rather than as a heavily institutionalized autonomous supranational organization. It is comprised of seven Commissions focusing on distinct functional areas: Political, Social, Economic, Investment and Finance, Energy, Environment and Youth.  Each reports to the Council of ALBA Ministers and Council of ALBA Social Movements, which reports to the Council of ALBA Presidents (ALBA, Organizational structure of ALBA, n.d.). The Commissions are headed by the national Ministers of the respective areas of each of the member nations and together form the Council of ALBA Ministers. Because ALBA seeks to respect the national sovereignty of member nations, all ALBA agreements are subject to acceptance by the national legislative bodies of the member nations (Id.). The Council of Social Movements was established in 2007 to incorporate organized mass movement actors into the ALBA structure (Sader 2007). From 2009, ALBA incorporated a permanent commission to oversee the development of the implementation of ALBA zone commercial activities through the grannacional system described below (Venezuela Feb. 27, 2009).


ALBA’s organizational form has been criticized as insubstantial (Sanders 2009). Yet, this institutional organization reflects the objectives of the organization. The result is substantially less autonomy for the institution at the supra-national level, and more control at the member state level.  The supra national element of ALBA serves more as a pass through and reflection of Member State consensus than as the locus of an autonomous aggregate power reflecting a ceding of sovereignty up to the supra-national level.  It emphasizes the central position of the state in the construction of internationalist frameworks.  This state-centering integration project critically affects the underlying theory of its organization as well as its implementation.

B.  Ideological Framework (Theory).


ALBA’s ideological framework provides the greatest mark of its distinction from other efforts at integration. Integration requires harmonization of an ideological base for action. (Raúl Castro 2009).  ALBA is built on the idea of the inherent potential for Latin America development independent of the United States and Europe.  (Bossi 2005; Punto 3).   But to succeed, that development had to be different from that of the U.S., because the founding members do not seek to follow the same path of warfare, genocide and pillaging that the U.S. took to achieve unity. (Bossi 2005; Punto 2).  ALBA is grounded on an opposition to capitalism as an economic and political ideology. (ALBA April 17, 2009). Early in its formation, ALBA ideology was framed around ten points that defined the ALBA “line” (Bossi 2005): ALBA is a historic project, a heroic creation, supported by the potential inherent in Latin America and the Caribbean, and supported as well by anti-capitalist values.  It is a popular construction and a form of integration that is not born out of mercantile or trade aspects, serves as a political tool and as the program of Latin American and Caribbean revolution, and in this represents a strategic step towards a new stage (Bossi 2005).  


The general conceptual basis of ALBA is more specifically elaborated in the development of three organizational lines.  The first are the four anti-capitalist values of ALBA; the second are the three pillars of ALBA, and third are the goals of ALBA.  ALBA articulates four so-called anti-capitalist values around which ALBA interventions are built.  These include: (1) complementary action based on the strengths that each country may possess; (2) mutual cooperation; (3) solidarity among the member nations; and (4) respect for the national sovereignty of each country. (Bossi 2005; Punto 4). It is not clear whether these are anti-capitalist or anti colonialist values, and more particularly whether the solidarity and action suggested is meant to be reactive—that is deployed against the policies and interests of the United States. (Patterson & Afilalo 2008, 205). Indeed, except for the oppositional stance within which ALBA is situated, it would be difficult to suggest that these values are not as amenable to capitalist systems. 


The difference comes in the form of application of these values—targeting not markets and private activities, but mass social movement programs and state action.  This notion finds expression in the three pillars of ALBA.  These are articulated through the development of a theory of stages of development to which ALBA states are committed: (1) Education to inform others about the necessity for an ALBA; (2) Expanding the distribution of informational material among the masses about the benefits of ALBA and; (3) To mobilize and organize concrete steps that will foster the integration of Latin American people. (Bossi 2005; Punto 9). These pillars, in turn, are elaborated of twelve more pragmatic goals to foster progress through the stages of socio-political development. (Chavez 2005).



In addition to these goals, ALBA also has four major objectives that seek to weave values and implementation.  The first is to promote the integration and development of Latin America through cooperation, solidarity and unity in an effort to place the interests of the people above those of transnational capital (ALBA, ¿Que es ALBA?, n.d.). The second aims to promote integration agreements that develop the industrial and social infrastructures of a nation, and the region, with the goal of eliminating poverty, social exclusion and to assure better living conditions for all the inhabitants of Latin American nations (Id.). The third is to counter neo-liberal policies, particularly the attempt by the U.S. to create a Free Trade of the Americas, which traditionally benefit developed nations at the expense of developing nations (Bossi 2005). The fourth is to use complementary action based on the strengths that each country may possess, mutual cooperation, solidarity and respect for the national sovereignty of each country (Id.).


Together these values, objectives and goals present a unified ideological position.  It serves as a basis for approaching all issues of transnational arrangements.  It privileges the state against private actors.  It suggests a tighter control of individuals and their arrangements by the state, and also suggests that those interests must be subordinated to the needs of the state (as understood by those in control of the apparatus of state governance).  Private markets are incidental to the development of large sectors of state control.  Because neither politics nor economics can be left to the private sector, and because the private sector might well serve as proxy for the interests of those states from where those private activities originate, then state to state arrangements must be the basis of any movement of people, capital, goods or services.  Lastly, the ideological position combines a long tradition of anti colonialism, nationalism with anti-Americanism to produce an ideological system in which states are essential to combat the direct and indirect interventions of the United States (and to a lesser extent the old European colonial powers) in the development of adhering states.  For many states in Latin America this is an intoxicating mix.    It serves to legitimate stronger state control over a private sector that had been relying on the development of global markets to liberate itself from local barriers to development.  It shifts power to direct markets from the private to the public sector.  It provides an avenue for transferring blame to a demonized “other” against which state activity is directed.  It provides a basis for the maintenance of control through the form of democratic mass movements by linking state action to the maintenance of the masses, and by so doing, marginalizing the relationship between the masses and other institutional or civil society elements.  Most importantly, this ideology preserves to states control over the nature and extent of actual arrangements with entities beyond its borders.  Packaged in this form, the ideology of ALBA has become its most critically successful product.


The importance of ALBA’s ideological component is evidenced not merely by the style of its website, but also by efforts to mold popular opinion in other media.  Most potent, potentially, are ALBA TV (n.d.) and substantial efforts to use electronic media to publicize ALBA positions on regional political and economic matters.  These help establish consensus about political “facts” through news reporting and related efforts that shape the way in which people receive and understand information and thus exercise their political will in their home states. Important positions of ALBA, and ALBA’s political programs, are given substantial play. These provide a basis for more effective communication well beyond the ALBA zone. A telling example was ALBA’s substantially successful efforts to delegitimize the current government of Honduras (ALBA, Golpe de estado en Honduras) and less successfully to put pressure on the United States to abandon its military bases in Columbia (ALBA, Fuera Bases).


Yet ALBA’s ideological framework has also changed since its creation. Reflecting the growing plausibility of the organization, its ideology has moved from expression in political revolutionary terms to a revolutionary reorientation of globalization frameworks within which it seeks to participate (Compare Bossi 2005, 2009).  The emphasis after 2009 is still focused on  the determinism—ALBA as a historic and radical project (Bossi 2009)—but now the emphasis is more structural as well.  ALBA is viewed as a unique model, built on the rejection of conventional forms of economic integration and the embrace of endogenous characteristics of the region (id).  There is also a de-emphasis  on the reactive aspects of ALBA.  Instead, newly stressed are ALBA’s pragmatic and positive contributions to integration, with an increasing focus on praxis through grannacionals.  These pragmatic containers of revolutionary insight will serve to both preserve the sovereignty  of ALBA member states but also liberate them from control by the great powers, and principally the United States (id.).  Whether ALBA can deliver remains to be seen.  What ALBA ideology has provided, however, is a conceptual base from which opposition can be even marginally maintained and a basis for unity against a greater power.        


C.  Practical Expression (Praxis)


Conception, ideology and organization can only take a supra-national organization so far.  The real value of an organization beyond its ideological purpose, is measured by its implementation.  ALBA is a young organization.  However, it has begun to elaborate a series of programs to provide a basis for understanding how the Member States intend to translate ideology and concept to reality on the ground. Since ALBA’s inception, a number of projects have been initiated or announced (Regueiro Bello 2007).  These include plans for a fisheries EG, forestry EG, a coffee EG between Venezuela and Dominica, four energy related EG between Venezuela and Bolivia, an ALBA zone Hotels EG, a mining EG between Ecuador and Venezuela, an import-export bank to facilitate trade, an energy EG among Cuba, Venezuela, Ecuador and, a number of mining and extractive minerals EGs, and a transport EG between Cuba and Venezuela (Backer 2010).  The object is to provide an organizational basis for trade stimulation within the ALBA zone and internationally (Ramírez Cruz et al. 2007, at 3.1.1.1).


ALBA’s most important economic efforts have centered on the establishment of PETROCARIBE, an energy cooperation agreement proposed by Venezuela to Caribbean nations which aims to resolve the asymmetries that said nations have in accessing energy resources. (ALBA, PetroCaribe, Energía para la union, n.d.). Its objective is to contribute to the transformation of Latin American and Caribbean societies into more just, cultured, participatory and solid minded by removing social inequalities, promoting an improved quality of life through the effective participation of the people in the determination of the affairs of their respective states (Id.). The program has produced a number of trade agreements that represent state to state barter relations centered on the provision of Venezuelan petroleum.


One of the most potentially far-reaching projects of ALBA has been its efforts to build an alternative sovereign finance system around the Banco de ALBA (ALBA January 26, 2008).  Its  founders hope that it will serve as the blueprint for the future financial system through which ALBA’s social, cooperative, and grandnnational projects are to be funded. (ALBA January 24-26, 2008). In the area of finance, however, Banco del Sur has emerged as another project that, although not within the framework of ALBA, is also being promoted in an effort to create a wholly South American source of funding and economic solidarity (Cardona 2008).   In addition to serving as the financial center for ALBA, efforts have begun to develop the “sucre” to replace the U.S. dollar as the currency of inter state transactions (ALBA March 3, 2009). The object is to aid efforts at integration in a way that avoids the incidental and perceived detrimental effects of national economies bound by connections to the U.S. dollar (Id.).


Grannacional projects were newly developed and present one of the most interesting features of ALBA applied ideological work. Much of ALBA’s efforts are now channeled through this device.  Grannacionals represent an effort of creating a socialist forms of multinational enterprise (Backer 2010).  However, it is also meant to serve as a new means of organizing state sector activity not traditionally undertaken through commercial enterprises. The conception of grannacional projects is understood as essentially political (ALBA Jan. 27, 2008) and is divided into three components: historical and geopolitical, socio-economic, and ideological.  They are meant to apply to the forms of economic organization of the ALBA zone the political dimensions used to frame ALBA itself (Backer 2010). As a unique form of ideological implementation, the grannacional enterprise is understood as experimental (ALBA Jan. 27, 2008).  


Grannacionales are meant to serve as the great vehicle for state directed development through integration.  They are the embodiment of an ideology that sees economic activity as a means to satisfy public policy rather than as an end in itself (that is as a vehicle to maximize individual welfare). That union is bound up in notions of Marxist economic determinism (Backer 2010):  union will be achieved as the inevitable consequence of global dynamics dominated for the moment by the great industrial powers and blocks of economically hegemonic states. (ALBA Jan. 27, 2008). Even the name of these projects—gran-nacional—is meant to cement the ideological component of the undertaking, suggesting a national grouping cemented through its political-economic relations but which would also respect national peculiarities and sovereignty (id.).


This experimentation manifests in two concrete forms—proyectos grannacionales (PG) and empresas grannacionales (EG).  PG programs include all programs undertaken to benefit the greatest number under the ideological framework and goals of ALBA, approved by ALBA Member States, and whose execution requires the participation of two or more ALBA Member States (Backer 2010). This organization is grounded in ALBA’s normative construction of principles of “just trade” and solidarity commerce, which is sometimes reduced to three principles—barter transactions, non-reciprocity in trade relations, and differential treatment of trade partners to advance national and development objectives (comercio compensado, no-reciprocidad, y trato diferenciado).  (Girvan 2008, 5-9).  


PGs organize productive activities; EGs implement them in an orderly way. (ALBA Jan. 27, 2008). EGs are meant to embody an alternative to the model of the private multinational enterprise, which seeks to maximize the welfare of its shareholders and other important stakeholders (Backer 2010).  EGs are said to invert the traditional maximization model by seeking to maximize the welfare of the objects of economic (or other) activity, embodying what is meant by the ideological focus on “just commercial zone” within the ALBA region.  EGs can be organized under the incorporation rules of any one of the participating ALBA Member States, interest in which is measured through share ownership by participating ALBA Member States. (ALBA Jan. 27, 2008). But they might also  be organized under special legislation, rather than (Telesur Jan. 29, 2010). 


PGs and EGs have been used increasingly to organize state sector economic activity within and across ALBA states.  In states like Cuba with minimal private sector activity of any significance, the use of these vehicles merely suggests a rearranging of the economic sectors affected (Backer 2010).  In other ALBA states, especially Venezuela and Bolivia, the result has been to effect a nationalization of economic sectors by a process of public privatization—that is the use of private sector entities “owned” by the states that also regulate the enterprises operating in that sector.  Typical of the hybridity of objective  inherent in these projects was the creation in 2008 of the ALBA Network of Food Trade and the ALBA Food Security Fund (Cumbre residencial de Managua 2008), which was created to “guarantee food security in the Caribbean, Central, and South American regions” (Suggett 2009).  At the time, Hugo Chavez declared: “‘We are going to create a supranational company, like a transnational company, but in this case with the concept of a great nation, to produce food with the goal of guaranteeing food sovereignty to our people” (Id.).


The principal effect of ALBA has been an increase in state to state trade, especially among the ALBA founders, whose commercial trade increased from $973 million (U.S.) in 2001 to $2.4 billion (U.S.) in 2005.  (Lomas Morales 2006).  The primacy of the state to state activities in defining the scope of the trade relationships between ALBA states was set with the initial agreement, a highlight of which was the agreement to trade Venezuelan petroleum for the services of Cuban doctors to be supplied by the respective states (ALBA December 14, 2004, art. 12 & propuestos). Venezuela, for its part, agreed to similar reciprocal arrangements (Id.).  This form of has served as a template for the widely publicized social justice element of trade among ALBA states (ALBA April 27-28, 2005). One group of programs is focused on education (Lomas Morales 2006). Another group has focused on programs of delivery of medical care (Backer, 2010, Lomas Morales 2006, 3). Still another group of programs are tied to notions of mass social mobilizations in the service of social justice ideals as conceived by the directing states.  One, Mission Vuelvan Caracas, seeks to train and educate the Venezuelan people so that they may work alongside the government in transforming the social and economic landscape of the country (Lomas Morales 2006).


III.  ALBA in its Context


For all of its purported uniqueness, ALBA operates in a regional context richly layered with traditional trade arrangements (Ayllon 1997). Contextualizing ALBA within these traditional forms draws in sharper focus those characteristics that make ALBA unique and influential and suggests that though the ideology of integration may be unique to ALBA, its form is not (Backer & Molina 2010). For this purpose, this section focuses on ALBA’s relationship to MERCOSUR and the ALADI system.   


The traditional models for integration are well represented in Latin America through MERCOSUR. MERCOSUR was established in 1990 among Brazil, Argentina, Uruguay and Paraguay to promote trade among its members. Its history is well known  (Porrata-Doria 2005; 7-21). Through MERCOSUR, these states sought to establish a common market that permits more unimpeded movement of goods, services, modes of production through the elimination of customs duties and non-tariff restrictions on goods of the member states (MERCOSUR 1991). The MERCOSUR framework suggests a level of centralization beyond mere inter governmentalism, that though unrealized to some great extent (Barral 2007).


Yet, Latin American integration has also followed a model of unstructured and organic development, nicely exemplified in the Latin American Association for Integration (Treaty of Montevideo 1980).  ALADI was created in 1980 through the Treaty of Montevideo, has, as a primary objective, the creation of a common Latin American market (ALADI, Tratado de Montevideo 1980). The common market is to be created through the use of preferential tariff treatment among member nations, as well as through the signing of regional and bilateral agreements. “ALADI seems to be primarily a framework within which member states can negotiate and enter into economic integration agreements with each other and a ‘keeper of the flame’ for the ideal of integration in Latin America” (Porrata-Doria 2005, 16). ALADI has set the conceptual stage for the proliferation of a wide variety of arrangements among its members.  It, in a sense, made ALBA possible.


ALBA follows a similar decentralized model, even as it furthers an ideological framework inimical to those of these other entities.  It has developed a similar set of institutions—all tightly dependent on the will of and serving the interests of, the member states.  Divided on functional bases, ALBA is divided into a series of commissions through which common positions might be taken and agreements among ALBA member states concluded.  ALBA is more horizontally constructed than ALADI, but it takes ALADI’s intergovernmentalism one-step farther.  There is no autonomy in the supra-national bodies that constitute ALBA.  The focus remains on state sovereign rights, and tight control of integration.  There is little in the construction of these organizations that suggest any move toward the development of autonomous supra national governance institutions with any sort of independent regulatory power.  These are passive, flow through, organizations.  They are more joint venture than integrative body.


These connections suggest both the singularity of ALBA and its relationship with the now almost ancient tradition of trade integration that has also marked Latin American state-to-state economic relations. That embedding within the great social, political and cultural movements in Latin America suggests a contextual complexity that is worth unpacking.  ALBA implicates the competing pressures of integration and nationalism (Ayllon 1997) and the relationship of both to the maintenance of vertically arranged hierarchies of power among states. The great innovation of ALBA is that partial integration under its model is heavily controlled by states. Yet ALBA remains leery of the use of integration as a doorway for the creation of autonomous supra-national organs.  It seeks to cultivate national power within an integrationist framework powerful enough to stand against the interests of greater powers. The competing pressures of integration and nationalism parallels that between public and private sector actors for control of economic development and policy. ALBA tilts heavily toward a public market model, grounding its development on the presumption that private markets ought to be incidental to and fill in gaps in public market activity.  The engine that drives the economy is the state, even when the state is economically near collapse (Backer September 24, 2010). 


ALBA suggests the difficulties of attempting to overcome patterns of integration within Latin America.  Though ALBA presents a conscious inversion of the dominant private markets model on which contemporary trade and investment agreements are framed, that inversion is grounded precisely in the forms adopted for the implementation of that model and its ultimate integrationist aspirations. The partial trade agreements for which ALADI is famous is nicely mimicked by the current crop of ALBA projects. The intergovernmentalism of ALBA is the hallmark of ALADI. This difficulty highlights the difficulties of mediating state policies between mutual advantage and competition among states.  Borders include those within it and exclude those outside them.  ALBA asymmetrical and episodic approach to commercial and trade arrangements constructs borders within borders under its framework of multiple joint venture arrangements, even as ALBA seeks to present a unified ideological and political front.


Still, there is some value to ideological unity in its own right, even in the context of potentially disastrous economic decisions.  Cuba stands as a reminder of this sort of power.  ALBA stands as a reminder that ideology matters; fundamentals and grounding assumptions about the operation of state and non state actors, and their powers and prerogatives matter. If one can control the ideological basis for the approach to an issue—like trade and investment—one can effectively control the parameters through which the issue is understood and systems constructed.  Indeed, even in the construction of trade arrangements within and outside the ALBA zone, ideology and ideological education may well be the principal aim of ALBA, at least in its initial stages of development (Azicri 2008) and its most important product.


More problematic, perhaps, is ALBA’s unavoidable oppositional orientation. ALBA remains expressed in the negative—as an effort to combat the influence and dominance of the United States. ALBA is deepens Latin America’s conjunction of anti-Americanism and integration, which has had significant application to Latin American-U.S. relations.  (Carrasco 1994).  Oppositional politics, and economic policies, has tended to ill serve its proponents, except perhaps in the short term.  Yet in the absence of opposition, it is not clear that ALBA has much meaning.  Ironically, though, the focus on opposition leaves its object, the United States, still firmly in control of the destiny of the ALBA zone.  Oppositional policies follow, they do not lead.


V.  Conclusion,

ALBA has proven compelling for governments increasingly overwhelmed by new sorts of governance power--private, multinational and governance based. For small states, ALBA provides a way to combine resources to resist both the public power of large states and the private power of large transnational economic enterprises.  It suggests a means to resist exploitation by public and private actors.  Equally important, ALBA now serves as a means of aggregating and institutionalizing responses to and challenges of American power in the Western Hemisphere. (Chavez 2005). ALBA also institutionalizes opposition to the current framework of economic globalization and attempts to challenge the hegemony of the current framework for constituting trade among states (Backer 2006a)—grounded in private economic activity and a passive state regulatory role, the so called Washington Consensus (Stiglitz 2003, 16), based on the assumption that "growth occurs through liberalization, 'freeing up' markets. Privatization, liberalization, and macrostability are supposed to create a climate to attract investment, including from abroad. This investment creates growth" (Id., at 67).


There is little consensus on the nature and value of ALBA, even within the Western Hemispheric community of public and private actors.  Some view ALBA as a great threat to the current system of economic globalization and to the deepening of global constitutionalism. Most prominent among these is the United States, which views it as essentially a site for anti-democratic, human rights violating propaganda combined with an anti-U.S. political agenda. (United States Senate Armed Services Committee 2008).  Others view ALBA as little more than an ideologically curious variation on the large number of partial preference free trade agreements that have proliferated in Latin America since the 1980s under the Asociación Latinoamericana de Integración (ALADI) framework. Still others have suggested that there is little, either institutionally or programmatically that distinguishes ALBA from the machinations of the nation states that comprise its various disconnected programs. (Girvan 2008). ALBA member states, of course, view the enterprise as the greatest innovation in hemispheric integration since the Soviet Revolution of 1917 by combining European Marxism, Latin American nationalist anti-colonialism and the vision of integration that has haunted Latin America since the 19th century wars of liberation. “Ricardo Alarcón, president of Cuba’s national assembly, has called ALBA the best guarantee for the consolidation of an anti-imperialist front.” (Johnson 2006).  There is a little bit of truth in each of these views.


Integration can also serve as a proxy for strong state interventions under the cover of private markets internationalism and in this way also subvert the post colonial projects of national liberation.  But it can also serve to liberate individuals from the oppression of cliques and ideologies that hijack the apparatus of states by posing supra-national norms against narrow assertions of state power. ALBA presents an ideological and functional alternative and challenge to transnational institutions built on the operating assumptions of economic globalization, and the developing convergence of public and private law. And its potential to provide a public sector variant on private sector globalization should not be underestimated. It is no longer focused on eliminating borders for the production and management of private capital; instead it is focused on using borders as a site for the assertion of public authority to control all aspects of social, political, cultural, and economic activity. Yet it is also deeply embedded in the great web of partial economic associations that characterize economic governance in Latin America. 


ALBA focuses on changing the terms of debate about trade, the role of states, and the place of private economic activity across borders.  In this respect, certainly, ALBA may represent one of Cuba’s greatest triumphs and also its greatest challenge to the normative tenets of the current framework of economic globalization.  But the framework within which ALBA can grow also defines the limits of its influence.  It is not clear that within a deep system of webs of relationships, one variant—a decidedly socialist and state centered one—will change not merely the framework of discussion about trade but also the economic philosophy of more than a few states in Latin America.
______


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Tuesday, November 02, 2010

Ruminations 33: Self-Destructive Contradictions of the Interpretive Ideologies of Form and Function in American Constitutional Law

(Pix (c) Larry Catá Backer)

The problem of formalism (or the essence of its nature)  is that, at its limit, formalist systems, like those focused on text, becomes detached from the realities  of the system it is meant to order, and ultimately irrelevant. Similarly, the problem of functionalism (or the essence of its nature) is that, at its limit, functionalism reduces  the formal structure of governance, the ordering system of its politics, to irrelevance.  The most successful systems manage a balance between formal and functional--but the maintenance of that balance is impossible in the long run.  The possibility of system failure is built into every organization.

Thursday, October 28, 2010

Internationalism at its Limit, Nationalist Prerogative Tested--Liu Xiaobo and the Nobel Peace Prize

China and the West have been having increasingly more complex and frustrating conversations since the turn of the current century.  There are many reasons for the complexity and frustration.  The recent award of the Nobel Peace Prize to Liu Xiaobo illustrates a particularly difficult aspect of these conversations.  

For Europe, the award serves as a reaffirmation of its assumptions about the way in which global society must be organized and the objectives towards which all global political organs must contribute.  That vision is internationalist and grounded in the understanding of human organization in a set of consensus derived universal (or at least communally binding) substantive values principles that must necessarily limit and inform the actions of any one state in the organization of its government and in the substantive principles that limit its discretion to define the rights and powers of a government toward its citizens.   These are the fundamental assumptions at the heart of transnational constitutionalism.  See Larry Catá Backer,  .  These notions also are critical for the construction of aa system of states organized within an increasingly coercive transnational system of norm production first organized in its current form with the establishment of the United Nations. 

The recent efforts of Thorbjorn Jagland, the Chair of the Norwegian Nobel Committee, provides an excellent summary and application of these views:
THE Chinese authorities’ condemnation of the Nobel committee’s selection of Liu Xiaobo, the jailed political activist, as the winner of the 2010 Peace Prize inadvertently illustrates why human rights are worth defending.
The authorities assert that no one has the right to interfere in China’s internal affairs. But they are wrong: international human rights law and standards are above the nation-state, and the world community has a duty to ensure they are respected.
The modern state system evolved from the idea of national sovereignty established by the Peace of Westphalia in 1648. At the time, sovereignty was assumed to be embodied in an autocratic ruler.
But ideas about sovereignty have changed over time. The American Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen replaced the control of the autocrat with the sovereignty of the people as the source of national power and legitimacy.
The idea of sovereignty changed again during the last century, as the world moved from nationalism to internationalism. The United Nations, founded in the wake of two disastrous world wars, committed member states to resolve disputes by peaceful means and defined the fundamental rights of all people in the Universal Declaration of Human Rights. The nation-state, the declaration said, would no longer have ultimate, unlimited power.
Today, universal human rights provide a check on arbitrary majorities around the world, whether they are democracies or not. A majority in a parliament cannot decide to harm the rights of a minority, nor vote for laws that undermine human rights. And even though China is not a constitutional democracy, it is a member of the United Nations, and it has amended its Constitution to comply with the Declaration of Human Rights.
However, Mr. Liu’s imprisonment is clear proof that China’s criminal law is not in line with its Constitution. He was convicted of “spreading rumors or slander or any other means to subvert the state power or overthrow the socialist system.” But in a world community based on universal human rights, it is not a government’s task to stamp out opinions and rumors. Governments are obliged to ensure the right to free expression — even if the speaker advocates a different social system.
These are rights that the Nobel committee has long upheld by honoring those who struggle to protect them with the Peace Prize, including Andrei Sakharov for his struggle against human rights abuses in the Soviet Union, and the Rev. Dr. Martin Luther King Jr. for his fight for civil rights in the United States.
Not surprisingly, the Chinese government has harshly criticized the award, claiming that the Nobel committee unlawfully interfered with its internal affairs and humiliated it in the eyes of the international public. On the contrary, China should be proud that it has become powerful enough to be the subject of debate and criticism.
Interestingly, the Chinese government is not the only one to criticize the Nobel committee. Some people have said that giving the prize to Mr. Liu may actually worsen conditions for human-rights advocates in China.
But this argument is illogical: it leads to the conclusion that we best promote human rights by keeping quiet. If we keep quiet about China, who will be the next country to claim its right to silence and non-interference? This approach would put us on a path toward undermining the Universal Declaration and the basic tenets of human rights. We must not and cannot keep quiet. No country has a right to ignore its international obligations.
China has every reason to be proud of what it has achieved in the last 20 years. We want to see that progress continue, and that is why we awarded the Peace Prize to Mr. Liu. If China is to advance in harmony with other countries and become a key partner in upholding the values of the world community, it must first grant freedom of expression to all its citizens.
It is a tragedy that a man is being imprisoned for 11 years merely because he expressed his opinion. If we are to move toward the fraternity of nations of which Alfred Nobel spoke, then universal human rights must be our touchstone. Thorbjorn Jagland, Why We Gave Liu Xiaobo a Nobel, New York Times, Oct. 23, 2010.
This view of the direction of the dynamic movement in the shape of transnational governance, and of the importance of the development of consensus based transnational principles of substantive normative values that must inform the behavior of states and other political actors represents an advanced development of a structural framework for international relations and the ordering of global societies that has perhaps found its best expression within Norway.  Norway has chosen to project its power along these lines not merely against China, in the public sphere, but also against the United States.  See, e.g., Larry Catá Backer, Rewarding the American State Apparatus for Good Behavior: Understanding and the Awarding of the Nobel Peace Prize to Mr. Obama, Law at the End of the Day, Oct. 9, 2010.  It has made the incorporation of this framework a matter of high principle in the way in which it has sought to project its power in private markets through its sovereign wealth fund.  Larry Catá Backer, Sovereign Wealth Funds as Regulatory Chameleons: The Norwegian Sovereign Wealth Funds and Public Global Governance Through Private Global Investment,  Georgetown Journal of International Law, Vol. 41, No. 2, 2009.  In an ironic and idiosyncratic way, Norway perhaps represents the best developed and most aggressively applied flowering of the internationalism born out of the restructuring of the global political and economic community after 1945.

For China nothing could be more alien. China did not participate in the construction or elaboration of this system.  It has not  been a major participant in the development of its sensibilities. and its culture.  Chinese elites have not had the luxury of full membership in the Family of Nations for many centuries, nor has the current government been generally recognized as the legitimate organ of the state until very recently. Many of the current leadership, including tastemakers, academics and others, are the children of those who remember efforts to dismember China for the benefit of others.  All of this was done quite lawfully (loosely understood in the context of international law, perhaps better understood as legitimately) using the very framework of international law that the Nobel Committee now deploys.  It is true enough that the Nobel Committee references  international law and international norm frameworks revolutionized by the development and institutionalization of post 1945 international institutions.  But that is a subtle distinction to make where the effects of the application of international law feel like those of an earlier era. 
 
This creates something of a tension within Chinese intellectual and political culture circles.  It is a tension that will require resolution--and sooner rather than later.  But it is a tension nonetheless rooted in the history of China and its self understanding within the international community.   What for Norwegians are efforts to implement the new global consensus on shared norms, the Chinese continue to understand as efforts to project European power on uncivilized and therefore second class states within the Family of Nations. For the traditional view before 1945, see, e.g., Pollock, The Sources of International Law, 2 Colum. L. Rev. 511, 512 (1902);  Westel Willoughby, The Fundamental Concepts of Public Law (New York: MacMillan, 1924). That is both threatening and insulting within the conceptual universe within which news of the announcement of the Nobel Peace Prize are received. 

A recent explanation of that tension in the context of the Nobel Award by Xiangfeng Yang provides an excellent window into these tensions from the Chinese perspective:
For many years after market reform started in the early 1980s, the people and government of the People’s Republic waited impatiently for their first Nobel Prize to glorify their scientific and literary advancements. But the Nobel they wanted never came, and the Nobel Prize that came is not wanted – at least, not by the government. Twenty-one years after the Dalai Lama was awarded the Nobel Peace Prize, the Norwegian Nobel Committee announced this month that Liu Xiaobo was this year’s winner. Beijing officials reacted in a familiar and angry manner, denouncing the decision as a desecration of the Nobel spirit and putting human rights activists and China’s cyberspace under even tighter surveillance.

. . . . .

A remarkable man, Liu indisputably deserves the prize for his ceaseless struggle.   for nonviolent democratic reform over the past two decades. His winning of the prize adds pressure on Beijing to stop its human rights violations. While I believe the combination of domestic and international pressure will eventually result in more political openness and respect for basic human rights, the democratic future of the People’s Republic resides in its people alone: they will have to want democracy, believe in democracy and act to advance democracy. Towards this goal, democracy advocates like Liu play an indispensable role by providing an impelling and practical vision of how a democratic polity will not impede, but advance, prosperity and stability in China. Critically, however, they must also demonstrate their patriotic bona fides, which naturally extend to some fundamental concerns about national sovereignty and territorial integrity with regard to Tibet and Taiwan.

In today’s China, having foreign associations can create doubts about a person’s devotion to his or her country – a fact I am acutely aware of after being asked many times by my friends and family to reaffirm my loyalties. Such suspicion stems from the nation’s painful experience with Western and Japanese imperialism, which is frequently played up by the regime to shore up its legitimacy. True, the Communist Party itself relied heavily on Soviet assistance for decades, but their path to power is also stained with blood and violence. However, today’s democracy advocates, having no other choice but to resort to persuasion and activism, cannot ignore the charge that they are more beholden to their international supporters than to their own people.

In this age of global connectedness, who is free of foreign influence?   . . . . The notion of zhong ti xi yong (Chinese learning as the essence and Western learning for its usefulness) was popularised in the late 19th century, yet when it is promoted or sponsored by foreign organisations or governments, it takes on a different meaning and can have dangerous implications for those who advance it.

Liu has been accused by the government and even some prodemocracy intellectuals of championing wholesale Westernisation in 1988 and refusing to back down from it. His alleged support for the Iraq war under the George W. Bush administration sent out another wrong message that, if amplified and extrapolated, might weaken the cause of democracy in the eyes of ordinary Chinese people.
Exiled, jailed or under vigilant watch by the government, many Chinese activists are forced to look overseas for information, platforms, funds and other resources. This dilemma adds to the difficulties of performing a balancing act between short term needs and a long-term perspective. . . . .

There is a lesson here for foreign governments and international organisations as well. The road to China’s democratisation promises to be tortuous and long, and their continued support is important in encouraging democracy loving Chinese. But such support should be strictly limited to the moral and diplomatic levels, or take shape – through official channels – in specific programmes or projects aimed at enhancing good governance, rights protection, judicial reform, and so forth. The Norwegian Nobel Committee may have done the right thing in putting the awful state of human rights in China under an international spotlight, but ultimately the prize will best serve its purpose if left unclaimed.  Xiangfeng Yang, The Bigger Prize, South China Morning Post, Oct. 28, 2010.

None of this is meant to serve as an apologia for Chinese actions on the global stage.  Nor is this meant to suggest acquiescence in Chinese exceptionalism.  Likewise this discussion is not meant to serve as a paean to modern legal formalist internationalism.  Nor does any of this suggest the inevitability of Norwegian sensibilities in the construction of an integrated global community.  Indeed, certain influential elements in the United States continue to be as skeptical as the Chinese of the Norwegian internationalist perspective.  Yet China (and the United states for that matter), like other great powers, are participants in the emerging international system, gladly or reluctantly.  They all profit from its harmonization of many aspects of human interaction, and in a subsidiary and more tentative way, of values. 

The reaction to and defense of the Nobel award, like two rhetorical ships passing in the night, suggest some of the difficulties of communication across a vast cultural and historical divide, the bridging of which will require forbearance and sensitivity on both sides if both sides mean to interact in meaningful ways.  And it suggests the continuing contests for control of the basic normative structure for the emerging world order. Values matter, and the stakes are high, indeed.  See, e.g., Larry Catá Backer, God(s) Over Constitutions: International and Religious Transnational Constitutionalism in the 21st Century. Mississippi Law Review, Vol. 27, 2008. It is easy to understand the politics of both the decision to award the prize to Mr. Liu and the criticism of that decision.  It is more useful to understand the greater stakes involved, not just in China, but for the development of a consensus view of the organization of global society. From that perspective, the expected rhetorical positions of the parties take on greater meaning.

Wednesday, October 27, 2010

Michael Komesaroff on China and Global Minerals Markets

Michael Komesaroff, one of the most astute observers of China's natural resource policies and practices and its effects on global markets recently reported the following:

The consequences of a recent collision between a Chinese fishing boat and a Japanese coast guard vessel in the East China where Beijing is alleged to have suspended shipments of rare earths to Japanese companies, has, once again, drawn attention to the world's dependence on China for its supply of rare earths. The reality and consequences of this dependence were highlighted in a presentation I gave earlier this month to a UBS sustainable development conference in London.  Entitled Resource Scarcity? - A Case Study in Geological and Political Realities can be found here.

With much of the developed world in a period of prolonged recession, China is now clearly the driver for global demand of minerals and metals.  In Can China Sustain the New Normal, a presentation I gave in August to the Australian clients of Investec Bank (Australia) Ltd, I canvass China's ability to continue devouring the world's minerals and metals.  The presentation can be found here.

My September contribution to the China Economic Quarterly discussed the implications for China of the Australian government's proposed mineral resource rent tax.  The article, A taxing relationship, can be found here.

For the past several years, China has wisely chosen to focus on a coordinated approach to minerals markets.  It has integrated its programs of targeted foreign direct investments abroad with coordination of foreign investment within China.  The object is twofold--first to maximize the profit potential inherent in key mineral resources for manufacturing of products with global impact.  The second is to ensure that other manufacturing states will be dependent on Chinese control of key minerals.  This later objective can ensure that Chinese manufactures can undercut other in pricing and also that in the event of shortages, the Chinese state can better control the distribution of these minerals to keep its own production up (while extracting a premium for exports abroad or from Chinese owned producers).  All of this is to be effected carefully, to avoid triggering market protective reactions from competitors. 

Two recent stories suggest the importance of this strategy, and its perils.  The first:
Rare-earth metal prices have surged this year, with neodymium prices up 13% this month and cerium prices up almost sixfold from last year, the Nikkei business daily reported Thursday, citing trading house officials. Prices for rare-earth metals have spiked as imports from China have dropped, according to the report. Rare-earth metals are used to produce automobile and home appliances although they account for a small amount of production costs, the report said. Rare-earth metal prices seen surging, Market Watch, Oct. 27, 2010.
The second:
US trade officials say they are looking into a New York Times report that China is blocking shipments of rare earths to the US and Europe.
China mines 97% of the specialist metals crucial to green technology.
The report, citing anonymous industry sources, said Chinese customs officials had broadened export restrictions.
Meanwhile China's commerce ministry has denied a report by the official China Daily that it will cut quotas by 30% next year to stop overmining.
"The report is completely false," the ministry said in a statement.
"China will continue to supply rare earths to the world, and at the same time, to protect usable resources and sustainable development, China will also continue to impose restrictive measures on exploration, production and import and export of rare earths."US inquiry into China rare earth shipments, BBC News Online, Oct. 20, 2010.
In the emerging economic-political order, in which governments project power in private markets through corporations and corporations assert public power in weak governance zones, economic globalization has produced a zone beyond traditional state control.  But states have not thereby left the field strictly to private activity.  Rather, states continue to develop new approaches to the projection of power.  In a new world order of markets beyond direct state regulatory control, the transformation of states into corporations (projecting power through private market activities), and of corporations in state like entities (projecting regulatory power through contractual arrangements down their respective supply chains), will mark the transformation of states and corporations as governance actors.   As Jianjun Tu recently noted in a similar vein
The ascendance of the Chinese RE supply chain is the outgrowth of Beijing’s long-term planning, the invisible hand of the free market and, as this paper has shown, strategic miscalculation made by the U.S. government. Though sizable RE production capacity may be developed outside China, Beijing is expected to remain the leading producer with the formidable power to squeeze out any new competitor, thus China is able to continuously reserve the right to use REs as a political bargaining chip in the years to come—in spite of what its leaders claim.  (Jianjun Tu, An Economic Assessment of China’s Rare Earth Policy, China Brief Volume: 10(22), November 5, 2010).


Tuesday, October 26, 2010

Operationalizing Cuba's New Economic Model: The New Regulations Are Published

 TRABAJO Y SEGURIDAD SOCIAL
RESOLUCION No. 35/2010

POR CUANTO: Por Acuerdo del Consejo de Estado de la República de Cuba, de 2 de marzo de 2009, la que suscribe fue designada Ministra de Trabajo y Seguridad Social.

POR CUANTO: Conforme al Acuerdo No. 4085 del Comité Ejecutivo del Consejo de Ministros de 2 de julio de 2001, el Ministerio de Trabajo y Seguridad Social, es el organismo encargado de proponer, dirigir, controlar y evaluar sistemáticamente la política del Estado y el Gobierno en materia laboral, salarial, seguridad y protección en el trabajo y de prevención, atención y seguridad social.
 
POR CUANTO: Las experiencias acumuladas aconsejan la necesidad de perfeccionar el tratamiento laboral y salarial a los trabajadores disponibles e interruptos y dejar sin efecto un grupo de resoluciones dictadas por el Ministro de Trabajo y Seguridad Social que no se ajustan a las condiciones actuales de la economía, con el objetivo de garantizar el empleo racional de la fuerza de trabajo y fortalecer el papel del salario y su relación con los resultados del trabajo.
 
POR CUANTO: El Comité Ejecutivo del Consejo de Ministros en fecha 30 de septiembre de 2010, acordó el tratamiento diferenciado de seguridad social para los trabajadores declarados disponibles que reúnen los requisitos establecidos en la Ley, sin encontrarse vinculados laboralmente.

POR TANTO: En el ejercicio de las facultades que me están conferidas resuelvo dictar el siguiente:
So begins the nearly one hundred page set of regulations that are meant to provide a legal and regulatory framework for the potentially far reaching efforts to create a small sole proprietorship based private sector in Cuba just published in the Cuban Official Gazette.   Gaceta oficial de la República de Cuba Ministerio de Justicia, No. Gaceta: 012, Tipo de Edición: Extraordinaria Especial, Fecha: 2010-10-08, Pages 89-168.  The regulations may also be downloaded in pdf form here.

I have been following the potentially significant changes to the Cuban economy as the Raul Castro government seeks to carve out a space for small scale private sector.   Now at last, the government has issued the first of what are likely to be an increasingly reworked set of regulations for the taxation and containment of this new private sector.  The BBC has reported that
The Cuban authorities have set out in detail new rules and taxes for the self-employed and small businesses as they move to overhaul the economy.  Taxes will range from 25% for incomes more than 5,000 pesos (about $225, £142) a year to 50% for those earning more than 50,000 pesos (about $2,300). Many self-employed business people will be allowed to hire workers. Cuba sets out rules and taxes for self-employed workers, BBC News Online, Oct. 26, 2010.
Patricia Grogg recently reported that
Several different taxes were created: a personal income tax ranging from 25 to 50 percent, a 10 percent sales tax, social security payments, and a payroll tax amounting to 25 percent of the salary paid to the employee.

"I would like to open a business in my home selling snacks and juice," a middle-aged woman with her copy of the Gazette under her arm commented to IPS. "But if on top of the cost of the licence, the sales tax, and I don't know what else, I have to buy whatever I need for the business at the prices of the 'shopin' (government stores that accept only hard currency), I don't see where the profit is."

The new system, which was first announced in mid-September, will expand the activities in which self-employment is allowed. In 2009, more than 140,000 people had licences to work on their own in Cuba, although many more do so without a permit.

Under the new legislation, small businesses will be able to hire employees other than relatives for the first time, and Cubans -- even citizens living abroad -- will be able to rent out entire houses, instead of just rooms.  Patricia Grogg,
Cubans Queue Up for Copies of New Self-Employment Rules, IPS News Service, Oct. 26, 2010.





Within Cuba, reports indicate the popular reaction. Again Patricia Grogg:
"To rent out a room in my house, I have to pay 331 convertible pesos (357 dollars) a month, including the cost of the permit and other taxes that were gradually added on," a woman who lives in Havana's Playa neighbourhood told IPS. "Of course I also pay an annual personal income tax.

"Now I have to study this document carefully, and wait for the meeting that we will undoubtedly have with Housing Ministry authorities, to find out what we can expect," she said.

The rental business, along with small private family-run restaurants known as "paladares", are seen as the most flourishing areas of private enterprise in Cuba, despite the strict regulations to which they are subject.

The taxes will be paid in Cuban pesos. For the self-employed who do business in convertible pesos or "CUCs", the current exchange rate in the government exchange houses, where the CUC is worth 24 pesos, will apply.  Id.
Two things are worth noting here.  First, it is clear that the Cuban government is intent on controlling and closely managing this new private sector.  I have already suggested that one means to contain private activity is to deny it access to vehicles for aggregation of capital--particularly corporate form.  That remains available only to sate sector enterprises.   Second, it is likely that the regulations represent a first attempt at managing a new form of economy.  It is likely that the government will have to revisit its regulations as the economy begins to acquire shape.  Once  it becomes viable it will not be clear whether the state will be able to control this sector or whether this sector will control the state.  Either way, the Cuban people will acquire a greater stake in both the state and in their governance structure.  If the Cuban government can make this work they will go a long way to  achieving a measure of stability that may withstand the impact of Cuba's reentry into the conventional global economy.  Then the irony:  the most important achievement of the Cuban revolution--its education of the masses--may well provide the necessary base for the establishment of successful  entrepreneurship, and it may also equip these new private sector businesses with the sophistication necessary to strategically engage the new regulatory environment.  That may well provide the basis for the greatest change in the relationship between the people and the state apparatus.    

Saturday, October 23, 2010

Cuba's Global Engagement--Joint Venturing Biotechnology

While much global attention has been focused on the ramifications of Cuba's potentially sharp reconstruction of a portion of its economic model, many have been oblivious to the steady march of Cuban state sector businesses into high end usually Western dominated markets.  The failure to adequately take these moves into account in assessing Cuban economic policy (and its potential) can lead to serious miscalculations of the potency and prospects for the Cuban economy.  This is especially the case with respect to the deployment by the Cuban state of its vast investment in education for the production of high end technology that can be sold at a premium to the aging populations of the developed states.

Patricia Grogg, for example, recently reported on the efforts to penetrate European Union with new drug treatments developed in Cuba.  Patricia Grogg, Biotecnología cuban toca las puertas del Norte, Cuba a la Mano--IPS News Serives (Visiones) Oct. 22, 2010), available in loosely translated English as Cuban Treatment for Diabetic Foot Ulcers Heads for Europe (IPS News Services (Oct. 22, 2010).


Grogg writes:
 Cuba's biotechnology industry is hoping to conquer the European Union market with Heberprot-P, a therapeutic drug used to prevent foot amputations in patients with diabetes.
Heberprot-P, developed by the Genetic Engineering and Biotechnology Centre (CIGB), stimulates tissue healing in deep, hard-to-heal foot ulcers that frequently occur as a complication of diabetes. It was approved in Cuba in 2006 and has been in clinical use on the island since 2007. 
Cuban Treatment for Diabetic Foot Ulcers Heads for Europe (supra). 

[The Spanish version reads:] La industria biotecnológica de Cuba aspira a entrar por la puerta ancha al mercado de la Unión Europea (UE) con Heberprot-P, medicamento terapéutico capaz de evitar las amputaciones en pacientes de "diabetes mellitus", que padecen casi 300 millones de personas en el mundo.
The drug has already been approved in Algeria and several Southern Hemisphere states, including Venezuela and Argentina.  Id.  Its marketing and sale in Venezuela has been augmented through Cuba's state to trade commercial trade arrangements under the ALBA regime.    But the big news the potential for penetration of the lucrative Euriopean market:
Ernesto López Mola, head of CIGB's business and project development department, told IPS that last week, a Phase II clinical trial was given the green light at hospitals in Spain, with a view to approval of the product in that European country.
The clinical trial is part of a trade agreement between CIGB and AEMPS, the Spanish agency for medicines and healthcare products, which falls under the Ministry of Health and Social Policy. If successful, it will open the door to sales of Heberprot-P throughout the European Union.
Cuban Treatment for Diabetic Foot Ulcers Heads for Europe (supra).
The Spanish version suggests the importance of this phase more directly:
Pero la novedad es que la semana pasada se aprobó la fase dos de un estudio clínico en instituciones hospitalarias de alto nivel de España, a fin de registrar el producto en ese país europeo, dijo a IPS el director del Departamento de Proyectos y Desarrollo de Negocios del Centro de Ingeniería Genética y Biotecnología, Ernesto López Mola.
La operación es parte de un acuerdo comercial entre esa institución cubana y la Agencia Española de Medicamentos y Productos Sanitarios (AEMPS), entidad pública con carácter autónomo adscrita al Ministerio de Sanidad, Política Social e Igualdad de la nación ibérica. De resultar exitosa, permitirá la comercialización de Heberprot-P en toda Europa comunitaria.
Patricia Grogg, Biotecnología cuban toca las puertas del Norte
The forms through which this penetration will be effected suggest a new approach to Cuban engagement with the global economy, one that is more willing to adapt to the conventional forms of economic activity even in the service of the state sector.  While the terms of joint venture are not yet clear, the article suggests a cooperative venture with European entities inthhe production and marketing of the product in Europe.  "It is the first time we are breaking into a market of this size with one of our products," López Mola said, adding that a considerable investment has been made to ensure production standards in Cuba comply with EU regulations. "In this case, we will produce the active principle here, and Spain will complete production of the finished product for use in the trial."  Cuban Treatment for Diabetic Foot Ulcers Heads for Europe (supra). ("Es la primera vez que estamos incursionando con un producto en un mercado de esta magnitud", comentó López Mola. Añadió que se hizo una inversión productiva importante para adecuarse a las regulaciones de la UE. "En este caso, fabricamos acá el principio activo y en España se termina el producto que se usará en el estudio", explicó. Patricia Grogg, Biotecnología cuban toca las puertas del Norte).



But most important, perhaps, the Cubans have an eye on the enormous American market.  The consideration of the American market suggests an increasing preparation for the day the American embargo ends (and it appears likely sooner rather than later) and the need to position Cuban high end industry for that eventually well before markets are open.  
 En tanto, el mercado de Estados Unidos sigue prohibido para Cuba por el embargo que aplica Washington desde los años 60. "Pero no hay duda de que la población de ese país necesita este medicamento y es un área que en algún momento podemos trabajar de conjunto con empresas de ese país", comentó López Mola.
Según datos citados por el funcionario, en Estados Unidos habría casi 21 millones de pacientes diabéticos, de los cuales 15 por ciento desarrolla una úlcera que en 15 de cada 100 casos lleva a la amputación. "En costos, se habla de 64.000 dólares por amputado", comentó.
Aparte del bloqueo económico impuesto por Washington a Cuba, "siempre hay resistencia a creer que los latinoamericanos podemos ser capaces de crear medicamentos únicos en el mundo, como el Heberprot-P. Además estamos hablando de un producto nuevo que por primera vez va del Sur al Norte", destacó López Mola.
Patricia Grogg, Biotecnología cuban toca las puertas del Norte
In the English version:

Meanwhile, the U.S. market continues to be off-limits for Cuba because of the embargo imposed by Washington since the 1960s. "But there is no doubt that the U.S. population needs this medicine, and at some point we could come to a joint arrangement with U.S. companies," López Mola said.
According to statistics cited by López Mola, there are 21 million diabetes sufferers in the United States, of whom 15 percent develop ulcers. Fifteen out of 100 of these cases eventually lead to amputations. "In economic terms, the healthcare costs for each amputated patient are said to be around 64,000 dollars," he said.
Aside from the U.S. economic blockade against Cuba, "there is always resistance to the idea that Latin Americans are capable of producing original medicines like Heberprot-P, the only one of its kind in the world.  Cuban Treatment for Diabetic Foot Ulcers Heads for Europe (supra). 

To that end, the European connection will be immensely helpful.  López Mola is quoted as suggesting  that "'La experiencia en la UE será decisiva para la credibilidad. Además, en Cuba existe una farmacovigilancia intensiva sobre los más de 4.000 pacientes que han usado el producto', comentó."  Patricia Grogg, Biotecnología cuban toca las puertas del Norte("The experience with the drug in the EU will be decisive for its credibility. More than 4,000 Cuban patients who have been treated are also being carefully monitored" for adverse side-effects, he said." Cuban Treatment for Diabetic Foot Ulcers Heads for Europe (supra). )  

But it is more than credibility that is at stake.  The European connections, and the  opportunity to season Cuban economic operations within the conventional parameters of economic globalization  will also serve to protect these Cuban efforts from being overwhelmed by its larger and more experienced competitors. These will provide both a base for learning the most effective forms  and methods of economic global engagement, and a measure of protection of cuban industry through a well woven set of joint venture arrangements with European companies supported by European regulators.  The willingness of the Cuban state to adapt to these forms of enterprise (at least with respect to its activities abroad) and its ability to learn and conform its operations to the commercial expectations these markets, remains to be seen.  t requires, at a minimum, the overcoming of some ideological hurdles that have not yet been completely worked through.  See Larry Catá Backer, Cuban Corporate Governance at the Crossroads: Cuban Marxism, Private Economic Collectives and Free Market Globalism. Transnational Law & Contemporary Problems, Vol. 14, No. 1, 2005.   More importantly, it will test the ability of the Cubans to conform to the behavioral expectations of commercial activity abroad, especially with respect to human rights expectations within the developed world.  See, e.g.,  Larry Catá Backer, Globalization and the Socialist Multinational: Cuba and ALBA’s Grannacional Projects at the Intersection of Business and Human Rights (August 1, 2010).

More importantly, perhaps, this move suggests the outbound phase of the great restructuring of the Cuban economic model.  While the focus has been on the tentative steps toward opening Cuban economic activity at the very bottom of wealth producing activity within the Island, it may be as important to examine the equally significant efforts to restructure Cuban outbound investment.  Here again, the model appears to be undergoing something of a change.  This change embraces the conventional forms of economic activity against which a more vigorous Fidel Castro once  fulminated.  See, Larry Catá Backer,  Ideologies of Globalization and Sovereign Debt: Cuba and the IMF. Pennsylvania State International Law Review, Vol. 24, 2006; Larry Catá Backer, Economic Globalization Ascendant: Four Perspectives on the Emerging Ideology of the State in the New Global Order. University of California, Berkeley La Raza Law Journal, Vol. 17, No. 1, 2006. A

Friday, October 22, 2010

Measuring Interdisciplinarity in Scientific Research

My colleague at the School of International Affairs, Caroline Wagner, has just published a n insightful study, Caroline S. Wagner, J. David Roessner, Kamau Bobb, Julie Thompson Klein, Kevin W. Boyack, Joann Keyton, Ismael Rafols and Katy Börner, Approaches to understanding and measuring interdisciplinary scientific research (IDR): A review of the literature, Journal of Informetrics (in Press, corrected proof, available online 16 October 2010).
Abstract: Interdisciplinary scientific research (IDR) extends and challenges the study of science on a number of fronts, including creating output science and engineering (S&E) indicators. This literature review began with a narrow search for quantitative measures of the output of IDR that could contribute to indicators, but the authors expanded the scope of the review as it became clear that differing definitions, assessment tools, evaluation processes, and measures all shed light on different aspects of IDR. Key among these broader aspects is (a) the importance of incorporating the concept of knowledge integration, and (b) recognizing that integration can occur within a single mind as well as among a team. Existing output measures alone cannot adequately capture this process. Among the quantitative measures considered, bibliometrics (co-authorships, co-inventors, collaborations, references, citations and co-citations) are the most developed, but leave considerable gaps in understanding of the social dynamics that lead to knowledge integration. Emerging measures in network dynamics (particularly betweenness centrality and diversity), and entropy are promising as indicators, but their use requires sophisticated interpretations. Combinations of quantitative measures and qualitative assessments being applied within evaluation studies appear to reveal IDR processes but carry burdens of expense, intrusion, and lack of reproducibility year-upon-year. This review is a first step toward providing a more holistic view of measuring IDR, although research and development is needed before metrics can adequately reflect the actual phenomenon of IDR.
 The article suggests three important insights that are especially worth considering.  The first is the governance implications of measurement.  The authors suggest the possibilities of unpacking the assumptions inherent in understandings of interdisciplinarity, and consequently, its measurement.   Yet measurement trends that fail to expose their assumptions can have a significant effect on the substance of interdiciplinarity, and the legitimacy of its practice, through the definition of the parameters of its measure.  The second suggests the limits of a purely quantitative approach to the measurement of a thing.  Numbers do not lie.   Yet numbers may not tell any particular "truth" either.  In a society increasingly taught to approach numbers like fetish objects, the reintroduction of qualitative measures to analysis, and to measurement, provides an important and useful framework that avoids the indeterminacy of qualitative measures and the decontextualized and sometimes false certainty of quantitative measures.  The third suggests the power of economics and complexity in the  choice of measurement methods.  Sophisticated measures tend to be complex and expensive.  Economics factors may become as important a factor in the development of  consensus measures of interdisciplinarity as other factors.  That suggests that, perhaps at the limit, measurement remains fundamentally a political and cultural measure. Professor Wagner and her co-authors' engagement with these issues is worth careful consideration.