The New Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities of Corporations and Other Business Enterprises:" Part 5--Section 1 (Definitions); Reflections (1)

(Pix © Larry Catá Backer 2019)

The Coalition for Peace and Ethics BHR Treaty Project is considering Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities Corporations and Other Business Enterprises," released on 16 July 2019 by the open-ended intergovernmental working group (OEIGWG) Chairmanship. The CPE Introduction Statement can be accessed here: The New Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities of Corporations and Other Business Enterprises" And a Call to Submit Comments Before October 2019.

For the informal Index/Table of Contents for the CPE Treaty Project postings on the Draft Legally Binding Instrument" please follow this link: Index of Posts.   We hope that makes navigating the CPE Treaty Project Commentary easier.  The postings will be listed in reverse chronological order.

This post continues its brief reflections with the first of several posts on Section 1 (Definitions) of the Draft Legally Binding Instrument (DLBI). These include its terms, its underlying ambitions, ideologies, and the feasibility of its gasp, given the constraints within which its authors are necessarily made to work. It was prepared by Flora Sapio with a focus on policy and coherence. 

A Warning "Stop the storm and Restore Order!" [“止暴制乱、恢复秩序”！]: Statement by the Hong Kong and Macau Affairs Office of the State Council Official Views of Current State of Affairs in Hong Kong [国务院港澳办新闻发言人介绍对当前香港事态的看法]

 

The Chinese State Council's representatives for the Hong Kong and Macau Affairs Office have recently held a press conference in which they again expressed, this time in a pointed way, the official views of the Central Government, on the situation in Hong Kong.

It requires little commentary but much reflection.  It is regrettable that the authorities have chosen to emphasize the foreign elements line.  But the foreign interference principle appears now to have become an global phenomenon in the new era. like the 1920s, when the Europeans were convulsed by rumors of 5th columns undermining their states and cultures, and periodically in the 20th and now in the early 21st century, when Americans (of both left and right political orthodox factions) became alarmed about external interference in its internal affairs (Communist International and Russian interference, etc.), today China also looks abroad and appears to embrace the idea that foreign elements  play a part in a situation that is now extremely sensitive.  For the US response here: 美国务院反驳幕后黑手指控　市民示威反映自治权受侵蚀的不满.

At the same time, references to 黑手 [black hand]: 我们还要向那些肆无忌惮的极少数暴力犯罪分子和他们背后的黑手发出警告;  中国一直称有外部的“黑手”卷入香港当前的事态; 这次政治风暴幕后黑手是--些敌视中国发展的势力 [We also want to warn those unscrupulous violent criminals and the black hands behind them; China has always said that there are external "black hands" involved in the current state of affairs in Hong Kong; The black hand behind the political storm is something that is hostile to China’s development.] could as easily refer to involved Chinese citizens with dual nationality (Hong Kong and other states) whomay be viewed as serving as a link from the SAR to whatever foreign elements the central government desires to focus--for purposes of this interview, the United States. That, in turn, nicely aligns with the thrust of more global Chinese interests. Yet foreign elements need no longer be tied to states; and there are certainly many civil society groups with global networks with an interest in the developments in Hong Kong.

The Statements of the State Council's representatives for the Hong Kong and Macau Affairs Office the Current State of Affairs in Hong Kong [ 国务院港澳办新闻发言人介绍对当前香港事态的看法 ], appear below 以及原始的中文版本 and with a crude English translation.
and the press conference statements on

Albert Chen Hung-yee 陳弘毅 (Hong Kong U.) on the Situation in Hong Kong: 理性溝通的困境 ["The Dilemma of Rational Communication"]

(Pix source: Greekk chorus in The Bacchai at the National Theatre. Photograph: Tristram Kenton )

Beyond the great stakeholders in the turmoil within which Hong Kong has found itself, there are a few voices that seek to take a necessary and more Olympian view.  These voices also have at their heart the long term welfare of Hong Kong within its national context. They are witnesses to the tragic context in which they find themselves, completely aware of the compulsions that drive the great protagonists to an inevitable contradiction and its tragic (in the Greek sense) conclusions. And like the chorus in a Greek tragedy,  they serve as the principal witnesses and commentators of the action around them.  

One of the most profound is that of Albert Chen Hung-yee 陳弘毅.  Professor Chen served as a member of the Law Reform Commission of Hong Kong in 2002-08, a member of the Committee on Review of Post-Service Outside Work for Directorate Civil Servants in 2008-09, and a member of the Commission for Strategic Development of the Hong Kong Government in 2005-2012. He is currently a member of the Committee for the Basic Law of the Hong Kong Special Administrative Region under the Standing Committee of the National People's Congress of the People's Republic of China, a Justice of the Peace, and an honorary professor at the Renmin University of China, Tsinghua University, Peking University, Zhongshan University, Macau University, and the Institute of Advanced Studies in Social Sciences of Fudan University.

His essay, 理性溝通的困境 ["The Dilemma of Rational Communication"] first appeared on 2 August in the Ming Newspaper supplements [發表於《明報》副刊] and is worth reading, especially for a sense of alternative paths toward a common goal.  In many ways it is an exquisite and beautifully written elegy to a historical era that some fear may be passing. The essay follows below in English  以及原始的中文版本

Cross posted (in Italian also) in  "Il Dilemma della Comunicazione Razionale" | "The Dilemma of Rational Communication" - An Article by Professor Albert Chen

The New Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities of Corporations and Other Business Enterprises:" Part 4--Preamble; Reflections (2)

(Pix © Larry Catá Backer 2019)

The Coalition for Peace and Ethics BHR Treaty Project is considering Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities Corporations and Other Business Enterprises," released on 16 July 2019 by the open-ended intergovernmental working group (OEIGWG) Chairmanship. The CPE Introduction Statement can be accessed here: The New Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities of Corporations and Other Business Enterprises" And a Call to Submit Comments Before October 2019.

For the informal Index/Table of Contents for the CPE Treaty Project postings on the Draft Legally Binding Instrument" please follow this link: Index of Posts.   We hope that makes navigating the CPE Treaty Project Commentary easier.  The postings will be listed in reverse chronological order.

This post continues its brief reflections on the Preamble to the Draft Legally Binding Instrument. These include its terms, its underlying ambitions, ideologies, and the feasibility of its gasp, given the constraints within which its authors are necessarily made to work. It was prepared by Flora Sapio with a focus on policy and coherence. 

Further Statement from the Authorities on the Situation in Hong Kong: 坚决支持香港警方严正执法制止暴力 ["Strongly Support the Hong Kong Police to Strictly Enforce the Law and Stop Violence"]

The situation in Hing Kong continues to be dynamic.  It is understood that the Italian diplomatic corps have been tweeting about events and insinuating the possibility of effects of the HK situation on approaching China's Belt and Road Initiative.  Opinion polls have been circulating about the mood of the population.  And there is still unrest on the streets. And there may be activity in Shenzhen.

It is in the context of these fast moving events that the publication today, in all local news outlets of a headline article--坚决支持香港警方严正执法制止暴力 ["Strongly Support the Hong Kong Police to Strictly Enforce the Law and Stop Violence"]-- issued by the "People's Daily Commentator" provides a valuable insight into the thinking and mood of the authorities in the current situation. It appears as an Upper A1 version and a lower A2 version.

Both parts of the article (Upper A1 and Lower A2)) appear below 以及原始的中文版本 and with a crude English translation.  In the spirit of the Mass Line, recent polling information (修訂逃犯條例」民意調查結果簡報鍾庭耀博士香港民意研究所主席及行政總裁2019年8月2日 [Revised Fugitive Offenders Ordinance Briefing on Poll Results Dr Chung Ting Yiu Chairman and Chief Executive Officer of the Hong Kong Institute of Public Opinions August 2, 2019]), likely known to the central authorities and worthy of analysis, is also reproduced below.

The Situation in Hong Kong--Official and Unofficial Statements of the Political Authorities

The political situation in Hong Kong has remained fluid since the protests erupted in early June over the SAR government's handling of a proposed Fugitive Offenders Ordinance.  That the Extradition Law was so clumsily put forward was a pity, and an indication that even from the perspective of Chinese Marxist-Leninism, that the SAR government has failed fundamentally to practice the Mass Line, even within the quite sui generis context of SAR governance. 

Recent actions on all sides continues to inflame  a situation that remains dynamic. Ultimately social peace and good government must be restored, sensitive to the special conditions of Hong Kong as well as of the fundamental relationship between the Hong Kong SAR and the Central government. Decision making will have to take into account not just the situation within the Hing Kong SAR, but, because the People's Republic of China is now an international global role model, the effects of the actions of governmental authorities on the standing and reputation of China in the world. That may require the avoidance of provocative statements (e.g., here, here, and here).

The central authorities issues a statement at the end of July (The Chinese Position on the Situation in Hong Kong: Chinese and English Language Versions of Statement on the State Council Information Office Published: 2019-07-29 [国务院港澳办新闻发言人介绍对香港当前局势的立场和看法 ]). But the situation continues to develop (see here, here, and here).  And additional parties have sought some level of intervention, both within and outside of the SAR, while some elements of the security forces are allowing themselves to fall into the trap of labeling all foreigners as "agents" recalling a time in Chinese history repudiated by the CCP leadership core (here, here, here).

 

 "A general strike aimed at bringing the city to a halt is planned for Monday. Many flight departures were shown as being cancelled on Monday and a source and media reports said this was due to aviation workers planning to strike.Late on Sunday, hundreds of masked protesters blocked major roads, spray painted traffic lights, started fires and prevented transport from entering the Cross-Harbour Tunnel linking Hong Kong island and the Kowloon peninsula." (Hong Kong government: protests are pushing city to 'extremely dangerous edge')

As the authorities contemplate their future responses, they have been kind enough to issue a new series of statements that ought to be taken seriously.  These statements are reproduced below in English  (with thanks to Flora Sapio for translations) and 以及原始的中文版本.

Cross-posting from Sanshui, Samizu, Samseol (these include additional short reflections).

Statement of the Coalition for Peace & Ethics on the U.S. Withdrawal from the Intermediate-Range Nuclear Forces Treaty with Russia

On Friday The United States formally withdrew from the Intermediate-Range Nuclear Forces Treaty with Russia. "The US withdrawal puts an end to a landmark arms control pact that has limited the development of ground-based missiles with a range of 500 to 5,500 kilometers and is sparking fears of a new arms race." (US formally withdraws from nuclear treaty with Russia and prepares to test new missile). Each side blamed the other for actions that made the rupture inevitable. And NATO Leaders were cautiously unhappy.

NATO Secretary General Jens Stoltenberg told CNN's Hala Gorani that the treaty's end is a "serious setback.""The fact that we don't have the INF Treaty anymore, the fact that the Russians over the years have deployed new missiles, which can reach European cities within minutes, which are hard to detect, are mobile and are nuclear capable, and therefore reduce the threshold of any potential use of nuclear weapons in an armed conflict -- of course that's a bad day for all of us who believe in arms control and stability in Europe," Stoltenberg said. "At the same time, NATO is there to protect all our allies and we will take the necessary measures to retain credible defense," he added. (US formally withdraws from nuclear treaty with Russia and prepares to test new missile).

The Coalition for Peace and Ethics issued the following statement in the wake of that news:

1987 was a long time ago. Like China, the United States has entered into a new historical era. That new era touches not just on economic and political development, but also on the important strategic calculations of the United States. It is a pity that rather than renegotiate the treaty to suit the times, both sides chose, for their own purposes, to mutually abandon the treaty and its structure. But the mutual actions of Russia and the United States that produced this situation could not be unexpected, and perhaps in the long run it suits the historical and development contexts in which the decisions were made. As with many of these highly publicized events, it might be more useful to understand the symbolic effect of the action rather than to seek some sort of evidence of substantive effect. Symbolically the act appears to mark a very public break with the now historical structures of the relationship between the United States and the long defunct Soviet Union. Perhaps it is time for a new relationship, not with the ghosts of the Soviet past but with the realities of the Russian present situation. For the European friends of the United States, of course, the symbolic value of the treaty termination is also a reminder that the old assurances of the detente between the United States and the Soviet Union have at last now been swept away, and that, as painful as it might be, that it is time to enter, in a realistic way, a new era of relations with both states with full knowledge of the long term strategic interests of European states. In a spirit of mutual cooperation and with respect for the sovereignty and national interests of all parties, it is likely that a new win-win arrangement may be possible. All states may have an interest in helping the parties to reach that goal consistent with the present realities.

The New Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities of Corporations and Other Business Enterprises:" Part 3--Preamble; Reflections

(Pix © Larry Catá Backer 2019)

The Coalition for Peace and Ethics BHR Treaty Project is considering Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities Corporations and Other Business Enterprises," released on 16 July 2019 by the open-ended intergovernmental working group (OEIGWG) Chairmanship. The CPE Introduction Statement can be accessed here: The New Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities of Corporations and Other Business Enterprises" And a Call to Submit Comments Before October 2019.

For the informal Index/Table of Contents for the CPE Treaty Project postings on the Draft Legally Binding Instrument" please follow this link: Index of Posts.   We hope that makes navigating the CPE Treaty Project Commentary easier.  The postings will be listed in reverse chronological order.

This post includes brief reflections on the Preamble to the Draft Legally Binding Instrument, its terms, its underlying ambitions, ideologies, and the feasibility of its gasp, given the constraints within which its authors are necessarily made to work. It was prepared by Larry Catá Backer. 

Anuario Estadístico de Cuba 2018--Valor de Servicios exportados e importados, y Organización institutional [2018 Annual Statistical Review of Cuba--Value of Services Exported and Imported and Institutional Organization]

  

Para los hispanohablantes, la Oficina Nacional de Estadística e Información de Cuba pone a disposición su Anuario Estadístico de Cuba 2018 en partes desde el comienzo del año. Sujeto a las advertencias habituales sobre los informes estadísticos del estado cubano, los informes siempre son útiles. Lo que lo hace notable es la publicación del Anuario 2018 son las estadisticas por primera vez  anunciado sobre el sector externo. Esta es un área crítica para ganar divisas fuertes. Si bien no refleja los efectos de las sanciones de Estados Unidos recientemente impuestas (el Informe 2019 puede ser útil a ese respecto), proporciona una línea de base contra la cual tales efectos podrían medirse, incluso por las cuentas oficiales. También es interesante el recientemente publicado Informe 2018 sobre organización institucional.

Los enlaces  relevantes del Anuario Estadístico publicadas por las autoridades cubanas se reproducen a continuación junto con los informes de los servicios importados y los servicios exportados (Informe de Servicios Externos, páginas 47, Cuadros 8.13 y 8.14). Estos hacen una lectura bastante útil.

Por último, partes del informe reciente sobre la Organización Institucional también se reproducen a continuación. Lo más interesante es la categorización de empresas estatales, y la Tabla 4.3 - Principales entidades clasificadas por formas de organización, organización superior de dirección empresarial y organismo u organismo, año 2018. El último sugiere objetivos para las sanciones de Estados Unidos y su importancia relativa en el sector estatal.

For Spanish speakers, Cuba's Oficina Nacional de Estatistica e Información [National Office for Statistics and and information] makes available its Annual Statistical Review for 2018  in parts from the start of the year.  Subject to the usual caveats about statistical reporting by the Cuban state, the reporting is always useful.  What makes it noteworthy is the release of the 2018 Report of Cuba's performance in the external sector.  This is a critical area for the earning hard currency.  While it does not reflect the effects of the U.S. sanctions recently imposed (the 2019 Report may be useful in that respect), it does provide a baseline against which such effects might be measured, even by the official accounts.  Also interesting is the recently released 2018 Report on Institutional organization.

Links to the relevant portions of the Review published by Cuban authorities are reproduced below along with the reporting for both services imported and services exported (External Services Report pp. 47, Tables 8.13 and 8.14).  These make for quite useful reading. 

Lastly portions of the recent report on Institutional Organization also are reporduced below. Most interesting are the categorization of state enterprises, and Table 4.3 - Principales entidades clasificadas por formas de organización, organización superior de dirección empresarial y órgano u organismo, año 2018 [Main entities classified by forms of organization and organization of upper of management employet, year 2018]. The later suggests targets for U.S. sanctions and their relative importance in the state sector. 

For Reuter's reporting by Marc Frank, see HERE.

The New Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities of Corporations and Other Business Enterprises:" Part 2--Preamble, Inputs Taken Into Account and Rejected

(Pix © Larry Catá Backer 2019)

The Coalition for Peace and Ethics BHR Treaty Project is considering Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities Corporations and Other Business Enterprises," released on 16 July 2019 by the open-ended intergovernmental working group (OEIGWG) Chairmanship. The CPE Introduction Statement can be accessed here: The New Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities of Corporations and Other Business Enterprises" And a Call to Submit Comments Before October 2019.

For the informal Index/Table of Contents for the CPE Treaty Project postings on the Draft Legally Binding Instrument" please follow this link: Index of Posts.   We hope that makes navigating the CPE Treaty Project Commentary easier.  The postings will be listed in reverse chronological order.

This post includes the brief description of the inputs that were accepted and those rejected in the revision of the Preamble prepared by Flora Sapio.