Wednesday, March 13, 2019

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



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

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

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

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

Monday, March 11, 2019

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

(Pix © Larry Catá Backer 2019)

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


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


Saturday, March 09, 2019

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



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

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

Thursday, March 07, 2019

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


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

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

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

Wednesday, March 06, 2019

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



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

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

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

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

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

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

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

Tuesday, March 05, 2019

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




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

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

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

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

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

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

Monday, March 04, 2019

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



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


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

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

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

Sunday, March 03, 2019

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


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

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



Saturday, March 02, 2019

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



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

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

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

Mexico's New Guardia Nacional and Human Rights Training


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

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