Delighted to pass along information about an interesting upcoming event which is also available via ZOOM:
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Larry Catá Backer's comments on current issues in transnational law and policy. These essays focus on the constitution of regulatory communities (political, economic, and religious) as they manage their constituencies and the conflicts between them. The context is globalization. This is an academic field-free zone: expect to travel "without documents" through the sometimes strongly guarded boundaries of international relations, constitutional, international, comparative, and corporate law.
Delighted to pass along information about an interesting upcoming event which is also available via ZOOM:
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I was delighted to have been able to "sit" for a short interview with Payman Yazdani for the Mehr News Agency. The topic was BRICS and the potential for its emerging role in whatever emerges as the contemporary world order. This is the way that Payman Yazdani framed the conversation:
BRICS is an intergovernmental organization comprising Brazil, Russia, India, China, South Africa, Iran, Egypt, Ethiopia, and the United Arab Emirates. Originally identified to highlight investment opportunities, the grouping evolved into an actual geopolitical bloc, with their governments meeting annually at formal summits and coordinating multilateral policies since 2009. Bilateral relations among BRICS are conducted mainly based on non-interference, equality, and mutual benefit.
The founding countries of Brazil, Russia, India, and China held the first summit in Yekaterinburg in 2009, with South Africa joining the bloc a year later. Iran, Egypt, Ethiopia, and the United Arab Emirates joined the organisation on 1 January 2024. Saudi Arabia is yet to officially join, but participates in the organisation's activities as an invited nation. Recently, Turkey one of the big economies in the world has reportedly submitted its request to join the bloc.
To know more about the bloc and the role that it can play in the future of the world orders, we reached out to Larry Cata Backer Professor of Law and International Affairs at Penn State University, USA. He is also a member of the American Law Institute and the European Corporate Governance Institute. (Payman Yazdani, Interview)
The discussion was framed around three key questions, each of which served as a doorway to a perhaps more profound
NATO member, Turkey has recently applied for BRICS membership. Earlier some other big economies like Saudi Arabia and UAE had joined the BRICS. Why is the desire to join the bloc increasing among world countries, especially among Asian and African countries?
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How did the US and its European allies' policy in using the dollar and global banking system as a political weapon against their rivals motivate the world countries to look for alternatives like BRICS?
How do you see the future of BRICS in the long term? Can we expect a new order?
The text of the interview may be accessed from the Mehr News Agency website HERE. It also follows below in English. Please check with the website for translations into Farsi and other languages. Visit the BRICS webpage HERE.
The first Krasno Global Event for this semester will take place TODAY - THURSDAY, Sept. 12, 5.30pm, in the Mandela auditorium at UNC-Chapel Hill.
Dr SUNG-YOON LEE will talk about "HOW DANGEROUS is NORTH KOREA? Five Myths about the Ultra-Strange Despotic State" in conversation with Prof. Klaus Larres
Please join us in person at the Mandela auditorium (Fed Ex General Education Building, 301 Pittsboro St., Chapel Hill) (Parking after 5pm in the parking deck beneath the Fed Ex building).
You can also watch us online on Zoom -Zoom link for accessing the event:
https://zoom.us/j/98072415115
NO RSVP necessary - just join us at 5.30pm TODAY
Please see our website.
More about Dr. Sung-Yoon Lee (taken from the website) below.
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Psalms 11 (KJV)
It has been my practice to post on the Anniversary of the 11 September Attacks (eg, here, here, here ). This year my offering is Psalm 11 set out above in its Kong James English version.
The Statement of President Biden on this Anniversary follows below. Mr. Biden chose to focus on the biblical imagery of the crucible. The allusion evokes Proverbs 27:21-22 ("The crucible is for silver, and the furnace is for gold, and a man is tested by his praise. 22 Crush a fool in a mortar with a pestle along with crushed grain, yet his folly will not depart from him."). One looks to what came; the other, perhaps, to what may come.
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I was recently asked to participate interview with a Chinese press organ. They were kind enough to provide the questions in advance. The questions were quite interesting and touched on important current issues in a sensitive way.
I have provided the text of my written responses below in the original ENGLISH and in a crude CHINESE translation.
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1. We, the Heads of State and Government, representing the peoples of the world, have gathered at United Nations Headquarters to protect the needs and interests of present and future generations through the actions in this Pact for the Future. (Pact for the Future, 27 August Draft Version 3 Preamble ¶ 1).
Future planning has always been a fascinating project. It is fascinating in its old or original sense "from Latin fascinatus, past participle of fascinare "bewitch, enchant, fascinate," from fascinus "a charm, enchantment, spell, witchcraft," which is of uncertain origin. Earliest used of witches and of serpents, who were said to be able to cast a spell by a look that rendered one unable to move or resist. Sense of "delight, attract and hold the attention of" is first recorded 1815." (Etymology Online , Fascinate).
These enchantments, this witchcraft, has taken on the pall of science as appropriate to the linguistic-cultural turn from the 18th century and mixed it up nicely with the secularizing Enlightenment project of human directed perfectionism through the guiding forces of social leading forces which, when combined with a Leninism attached to and through arxist theory produces a combination of scientific and political power in the hands of a dedicated organized and institutionalized party which serve as the counterpoint to its analogues in the religious magisteria and in secular though more diffused "lading forced" well marbled within the leading institutions of education, science, politics and economics.
All of this to say that the 21st century may be witnessing a sort of apotheosis of the inclination of aggregated humans to tell people what is good for them, and what to do--not merely because they can, but also because they have been vested with the authority to tel others what is good for them. This inclination is now so well embedded in human social relations (especially in its positive elements--contrast traditional societies in which its leading forces were meant to serve to cultivate and protect customs and norms and work them at their edges (eg Aristotle's Politics).
None of this is bad--or good. But it is important to remember, especially because these underlying structures and the premises which give them authority and legitimacy, tend to be so well embedded in the product of presumption that it is easy to forget that what appears natural and inevitable are neither; just powerfully important choices.
In this century, the impulse toward the perfect has been founded not just on science, but also on the presumptions of "social" science, and with it its hybrid expressions in data based technologies that are meant to leverage both through tools that are both virtual and inevitably self-conscious. Those tools require workers to tend to them, and overseers to direct them. The first form the legions of well trained producers of the inputs necessary for the forward march of progress. The later form the techno-administrators who both define the pathways toward progress and direct and deploy the production of the worker castes. In a sense the interactions between techno-produces and their directorial consumers are undertaken within platforms in which those exchanges can be ordered and rationalized and then exported to the objects of all of this--human mass organizations. That projection and those platforms are constituted in ways that suit the cultural context and historical conditions in which they are applied--to those ends ideological ordering structures are useful. The result is that one can better understand ideological frameworks not as the generative but the consequential forms of the current state of the basic human impulse toward progress as it is currently manifested through the interaction of consumers and producers of "progress."
Until the later part f the last century, these trajectories were embedded in social relations constituted as states. After 1945, and slowly thereafter, the collectives of states developed sometimes more robust institutions in which their authority could be leveraged through sort of joint action. The problem has been that in order to achieve its states have to abandon to some extent, the locally contextually relevant and ideologically driven cloaks over the manifestation of the operation of this progress platforms in localities. That remains a work in progress; progress, as they understand it, though, appears to be unrelenting, in accordance with the basic premise of the contemporary organization of human social relations. And thus the loop.
And thus we come to the United Nations--as the formally constituted state driven platform for progress--and its long gestating Summit for the Future, its future; our future it seems.
The high-level event will bring together UN Member States, UN agencies, non-governmental organizations (NGOs), civil society organizations (CSOs), academic institutions, the private sector, and youth under the theme, ‘Summit of the Future: Multilateral Solutions for a Better Tomorrow’. The Summit aims to forge a new global consensus on what our future should look like, and what we can do today to secure it. * * * Guterres has characterized the Summit of the Future as a “once-in-a-generation opportunity to reinvigorate global action, recommit to fundamental principles, and further develop the frameworks of multilateralism so they are fit for the future”. (Summit for the Future).The spectacle that marks the end of the construction of the vision for the future and the start of the process for its realization, such as it will be, is scheduled for 22-23 September 2024 in the UN New York office. The full text of the Press Release follows below (with links to generative documents). And yet it is in the underlying documents that create the platform for progress, including its managerial and guidance structures, that ought to be of great interest to those with an interest in peering into the heart of this particular Enlightenment-Leninist -Magisterial vision of a platform through which a specific vision of progress is sketched and the course of compliance mapped.
In the style that has become standard in this stage of historical development, That platform will be visualized through a framework "Pact for the Future," the several revisions of which to date have been posted online, the 3rd version of which, released 27 August 2024, also follows below. That is the heart, the textual core, around which the platform for progress is created and its course charted (or rather its pathway constructed. And like most human hearts, it is bound up in its past, now reorganized, rearranged and projected into a future. In some sense, the Pact is a coordinating and aggregating document--a master framework suitable for coding. Pact, supra, 5, ¶ 67 ("A transformation in global governance is essential to ensure that the positive progress we have seen across all three pillars of the United Nations’ work in recent decades does not unravel. We will not allow this to happen."); Acton 41-60). But it is also inherently narcissistic; a document fundamentally concerned with placing the United Nations at the center of power relations (Pact, chp. 5 ¶ 69). ) (That is no criticism but rather a conformation of the semiotics of power relations; one in which the objectivity of the core is a necessary foundational element in its signification; thus signified it can then order the community around and through which it is constituted. Every directed future requires a shepherd.
16. We reaffirm our pledge, made on the occasion of the seventy-fifth anniversary of the United Nations, to reinvigorate global action to ensure the future we want and to effectively respond to current and future challenges, in partnership with all relevant stakeholders. We recognize that the well-being of current and future generations and the sustainability of our planet rests on our willingness to take action. To that end, in this Pact we commit to sixty actions in the areas of sustainable development and financing for development, international peace and security, science, technology and innovation and digital cooperation, youth and future generations, and transforming global governance. (Pact, Preamble ¶ 16).
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Whatever its direction, the glamour of progress is irresistible and returns one to the element of fascination in its construction. And so is its presumptions of linearity and morals. That concoction of premises distinguishes the human and forms an essential part of what orients human consciousness. A signal, a direction, a purpose,an orientation, a basis of comparison and judgment, a goal. These worthy objects, basic to the constitution of the human will, when sufficiently distilled, also form the basis of the generative intelligence that humanity will create to serve these purposes; and perhaps its own. But that is a story for later. For the moment, one adds another platform of progress into a formidable universe of such platforms. In solidarity there is reality.
Submit abstracts of up to 300 words by January 31st, 2025, to: J M Aroso Linhares (jmarolinhATgmail.com) and Anne Wagner (valwagnerfrATyahoo.com). Decisions on participation will be communicated by February 20th, 2025. Registration Period is from March 2nd to April 10th, 2025. Selected papers may be published in a special issue of the International Journal for the Semiotics of Law or included in an edited volume: Law and Visual Jurisprudence series and/or Living Signs of Law series. The roundtable languages will be English and French.
The CfP follows below.
I have been serving since 2022 as the University Faculty Ombuds for Penn State University. The role of Ombuds, like that of virtually every office in the modern university has changed dramatically since the turn of this century. In some ways the contemporary university would be unrecognizable by the generation of students entering higher education after 1945, though the fundamental basis of the model, at least formally, has remained unchanged. Those changes, of course, reflect the times and the tastes--for education and compliance based risk based management management especially--not just in the university but generally within the political, social, and economic cultures of contemporary life. Faculty have also changed--both in character and function. A generation ago the default academic position was tenured, now it is increasingly contract based. The role of faculty in university decision making, once quite deeply intertwined with administrative functions in areas such as admissions, curriculum and the like, have increasingly given way to systems of decision making in which an administrative superstructure, exercising discretionary decision making within an increasingly complex web of regulations, standing rules and operations, distributed among functionally differentiated administrative bureaucracies which are in turn dependent in some respect with interlinked public administrative organs and public regulation.
For faculty, the contemporary context in which they work, then, can be a bewildering place, and the extent of autonomy in making choices and interacting with other university stakeholders much more complex, nuanced, and subject to sometimes multiple layers of regulation, decision making structures, and policies. Navigating this space can be a challenge; and challenging abuse of discretionary decisionmaking all the more challenging. At the same time delivery level administrators face equally complex challenges and often need guidance nt just with respect to the rules, but also with the most effective use and deployment of the discretionary authority with which they have been vested to serve the interests of the university.
It is in this environment that the university ombuds function has evolved. Once, starting in the 1970s as a an optional mechanism attached to then emerging faculty grievance procedures, the role of the university faculty ombuds has evolved to mirror the challenges that are faced within the decision making structures of the modern university. They have also acquired something of an institutional structure. Since the 1990s, for example, universities like the one in which I am employed, have established a university wide Ombuds to serve a coordinating and liaison role, as well as to monitor and ensure a more optimal performance of an ombuds role. And that role has expanded:
In some ways the ombuds function has come to reflect changes in governance generally. The movement toward regulatory models of governance grounded in compliance and managed through complex systems of discretionary decision making inevitably produce a need to mediate discretionary action and the regulatory structures meant to contain it and to direct that discretion towards particular ends. The semiotics--here is the form of a dialectical mimesis, suggests the repeating structures of compliance based systems grounded in text and applied through combinations of discretionary systems and disciplinary functions. A techno-bureaucratic system of this sort requires, effectively, not merely a quality control function but also a mimetic set of actors that serve the aggregate institutional interest by effectively holding a mirror up to its actors. Yet that is where the mimesis becomes interesting. One sees in the structure, sensibilities, and practices of the ombuds an informality that is not mimesis but inversion of the formal processes and rule systems to which it is attached for for which it is meant to serve as a sort of check.
In Freudian terms, perhaps a superego, against the id impulses that can hijack the ego of the institution, the proper functioning of its administrative-regulatory structures. The object is clarity, the reminder of the supremacy of process, and the management of emotion within rationalized systems of rule application. Yet these objectives are undertaken under conditions of influence, to the extent that is tolerated, rather than authority. Nonetheless there is a certain authority, in the core premise of presence. In its semiotic sense, presence can be understood in its three fundamental aspects. First it references the objectivity of the ombuds--that is the physical presence of a body that also is permitted within the space of regulatory governance among institutional stakeholders in power relations. This is the ombuds as a manifestation of semiotic firstness. Second, it references the ombuds as a signifier--the manifestation of fairness, process and expectation that then is inserted in and shapes the actions around which it is present. This might be understood as the secondness of the ombuds role--the abstracted signification of physical presence. And the third is an "activated" secondness in the form of interpretation and meaning making. Here the signified object is expressed as the clarifying force of the meaning and application fo the rule structures within which the discretionary decision of university functionaries, and the actions of other stakeholders may be exposed in relation to the rule system and its now manifested expectation. The power of the role comes precisely from the lack of power of the ombuds. The ombuds stands outside the dialectics of power and discretion into which they are called and against whose role the actions of those engaged may be judged producing (eventually and sometimes) reactions of systemic cor contextual correction. A very abstract way of suggesting the power dynamics of presence as a manifestation of a presumption of a striving toward an ideal in behaviors and relationships.
At least at the university this is evidenced by the emerging forms of contemporary ombuds work--one with no authority but a certain influence to contribute to the function of preventing, mitigating and facilitating the remediation of "decisions, actions, or inactions concerning a faculty member's conditions of employment that are believed to violate University policy or are otherwise manifestly unfair." (Penn State AC 76).
The nature and scope of the ombud' functions at Penn State provide a good example of this work. I include below the PowerPoint of the orientation materials I prepare for Ombuds who are elected to provide ombuds services for their respective academic units. Always grateful for comments and suggestions--from application to theory.
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As part of the Mingde Strategic Dialogue 2024, hosted by Renmin University of China and organized by the Chongyang Institute for Financial Studies under the leadership of its Dean Wang Wen, a number of events were organized (see here; and here).
The recently concluded Third Plenary Session of the 20th Central Committee of the Communist Party of China, held at a crucial juncture, was of great significance. It focused on implementing the strategy outlined at the 20th National Congress of the CPC to advance Chinese modernization and turning the blueprint into realty. The Communique and Decision issued after the Third Plenary Session have garnered widespread attention from the international community. Renmin University of China promptly invited experts and scholars form the international strategic and academic communities to visit China. Through local visits, in-depth dialogues, and extensive discussions, the delegates aim to explore the opportunities and challenges facing China and the world, build consensus, and seek solutions.
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The text of my remarks, entitled, "A Question on Chinese Modernization and the Vanguard Party” [“关于中国现代化和先锋党的问题”] follows below in the original English and in a crude Chinese translation. It focused on the constitution of socialist modernization and its relationship to the new important concept of new quality development of productive forces. With that as a framework, the remarks focused on a consideration of the ramifications of this form of development theory for governance. The posted version includes a final paragraph that summarizes and responds to the thrust of discussion after the original presentation.
The text of the Remarks may also be downloaded here.