Tuesday, July 14, 2009

Carbon trading must be globally regulated



Carbon trading must be globally regulated


By Simon Linnett
Published: 11:00AM GMT 31 Jan 2008

Simon Linnett, Executive Vice-Chairman of Rothschild, has called for a new international body, the World Environment Agency, to regulate carbon trading.

In a recently published paper, Trading Emissions, for the Social Market Foundation, Mr Linnett argues that the International problem of climate change demands an international solution.

Unless governments cede some of their sovereignty to a new world body, he says, a global carbon trading scheme cannot be enforced and regulated.

* The full paper - Social Market Foundation

"An urgent global response." This was how Nicolas Stern described the problem of carbon dioxide emissions, in his recent review of the economics of climate change. The sense of an impending crisis infuses our all debates on this issue.

The human causes of climate change are now well established. The overall measures we must take - a reduction of our emissions - is painfully obvious.

But like a group of rabbits caught in the headlights, our actual means of escape remain unclear. We know what our end goals are, but how do we get there? How can governments achieve delivery?

The first step must be to recognise the scope of the problem. Unlike other pollutants, such as litter or nuclear waste, CO2 emissions have impact on a global level - and only on a global level.

This means we have to deal with the issue internationally. The problem is literally too big for any one country to handle. Old alliances, divisions and 'special relationships' are a meaningless hindrance.

I believe it is essential that governments and the private sector work together to solve the problem. As a banker, I suppose I would say that, but only such a partnership will we be able to harness what Al Gore called the multitude of little solutions, which all add up to a better outcome.

Only the private sector can successfully develop those solutions, but only governments can provide a framework for them to be applied internationally.

As a banker, I also welcome the fact that the 'cap-and-trade' system is becoming the dominant methodology for CO2 control. Unlike taxation, or plain regulation, cap-and-trade offers the greatest scope for private sector involvement and innovation.

Furthermore, taxation and regulation can only be levied at local or national levels, whereas cap-and-trade can operate on a global level. And remember, the problem is global.

But for the private sector to participate enthusiastically in a global carbon trading market, governments must collectively establish a robust framework within which trading can occur. It must be long, loud and legal:

* Long: it is going to be around for a long time;

* Loud: it will be the dominant mechanism for sponsoring changes in behaviour and we are going to make this perfectly clear to the world's people; and

* Legal: we will enforce it through law.

A key implication of creating a legal yet global system of trading, is the loss of sovereignty it implies. Governments must be prepared to allow some subordination of national interests to this world initiative, on the issue of emissions. This need not mean a new system of government, above individual nations.

But it would mean a change to the way treaties are agreed and worded. Instead of saying "we will cut emissions by x per cent by date y" (pledges which are inevitably broken), such statements will have to morph to "we will make our contribution to a scheme which cuts, across certain industries and gases, emissions by x per cent by date y."

The European nations already do this, on certain issues, yielding sovereignty to the EU. And in time, the EU itself will eventually have to yield to a larger body - one which includes the economic powerhouses of India and China.

The cynicism that greets such programmes is well known, since the Asian economies seem bent on rapid expansion. However, I believe that both India and China will soon recognise the benefits of joining a global carbon trading scheme.

First, a properly constituted, one-member-one-vote system would mean that they have a proper 'say'. More importantly, since the allocation of the emissions cap might trend towards recognising world populations rather than current levels of emission, both countries would stand to gain a great deal.

If emissions trading could expand into different areas of economic activity, so too could its message. When an individual receives an electricity bill, they will come to know what the cost of turning on the gas or a light was to the environment.

Perhaps they will gain a new appreciation of their burden on the broader world. Similarly, if the scheme were to expand geographically to include India, China and, ultimately, the US, so too could the prospect be realised of such allowances becoming the reserve currency of the world, taking over that role held for most of the 20th century by gold.

So emissions trading could establish a new world order for a sustainable planet, one based on the sharing of the earth's ability to absorb harmful emissions. To allocate that 'resource' fully and properly will, in turn, require resourcefulness and imagination across the globe.

*Simon Linnett is an Executive Vice Chairman of Rothschild. He has enjoyed 25 years of privatisation and PPP experience with the Bank, leading that effort for the majority of that time.

For the last 10 years, Simon has been in dialogue with both UK and, more recently, EU administrations about the future evolution of emissions trading of which he has long been a proponent. This paper represents his personal views only.


Stop. Think. Observe the pattern.

This issue becomes easier to conceptualize if you begin to think of it in terms of a list of general themes which present a matrix of challenges to global governance. Try to think of it in terms of a set of themes which are said to require supra-national collective action and global solutions. The financial crisis, the war on terrorism, proliferation, the management of pandemics, alternative energy, climate change, international standards of trade, border control, state failure, genocide: all of these, at one point or another, have been citied as key issues which permit no national or regional solution.


Compare. Contrast. See associations.


Carbon trading must be globally regulated:
"A key implication of creating a legal yet global system of trading, is the loss of sovereignty it implies. Governments must be prepared to allow some subordination of national interests to this world initiative, on the issue of emissions. This need not mean a new system of government, above individual nations."


Sovereignty and globalisation:
"The world’s 190-plus states now co-exist with a larger number of powerful non-sovereign and at least partly (and often largely) independent actors, ranging from corporations to non-government organisations (NGOs), from terrorist groups to drug cartels, from regional and global institutions to banks and private equity funds. The sovereign state is influenced by them (for better and for worse) as much as it is able to influence them. The near monopoly of power once enjoyed by sovereign entities is being eroded.

As a result, new mechanisms are needed for regional and global governance that include actors other than states. This is not to argue that Microsoft, Amnesty International, or Goldman Sachs be given seats in the United Nations General Assembly, but it does mean including representatives of such organisations in regional and global deliberations when they have the capacity to affect whether and how regional and global challenges are met.

Moreover, states must be prepared to cede some sovereignty to world bodies if the international system is to function.

This is already taking place in the trade realm. Governments agree to accept the rulings of the World Trade Organisation because on balance they benefit from an international trading order, even if a particular decision requires that they alter a practice that is their sovereign right to carry out.

Some governments are prepared to give up elements of sovereignty to address the threat of global climate change. Under one such arrangement, the Kyoto Protocol, which runs through 2012, signatories agree to cap specific emissions. What is needed now is a successor arrangement in which a larger number of governments, including the United States, China and India, accept emission limits or adopt common standards because they recognise that they would be worse off if no country did.

All of this suggests that sovereignty must be redefined if states are to cope with globalisation."


See the dots. Connect the dots.

Carbon trading must be globally regulated:
"The first step must be to recognise the scope of the problem. Unlike other pollutants, such as litter or nuclear waste, CO2 emissions have impact on a global level - and only on a global level.

This means we have to deal with the issue internationally. The problem is literally too big for any one country to handle. Old alliances, divisions and 'special relationships' are a meaningless hindrance."


"The ultimate challenge is to shape the common concern of most countries and all major ones regarding the economic crisis, together with a common fear of jihadist terrorism, into a common strategy reinforced by the realization that the new issues like proliferation, energy and climate change permit no national or regional solution."


Remember, the problem is global.

Remember, the problem is global.

Remember, the problem is global.

Germans flock to gold bars vending machine at Frankfurt airport




Germans flock to gold bars vending machine at Frankfurt airport

Germany has devised the ultimate in credit crunch vending machines: Gold to Go.

After inserting your euros in the slot there is a familiar whirring noise as if the machine is readying itself to spit out a can of lemonade or a bar of chocolate. Instead there is a satisfying clunk as a prettily wrapped bar of the world's favourite precious metal thuds into the dispenser.

"It's better value than the bank," Romy Erhardt of TG-Gold-Super-Markt told The Times, "And it's very convenient — no waiting time — you just put in your cash and a minute later you are an investor in gold."

The prototype gold-dispenser has been installed in Frankfurt airport and today there was a queue of passengers mulling over whether to buy one gramme, 5 grammes or ten grammes of gold.

The one-gramme bar was available for €30 (£25). Other options — rather like a high-end coffee machine it has five selections — included a Maple Leaf Five Canadian dollar coin and a Kangaroo Fifteen Australian dollar coin. Both represent about one tenth of an ounce of gold and the price on today was hovering around €80.

"The price is updated every 15 minutes," Ms Erhardt explained. "The vending machine is linked to the computer which we use for our online gold outlet."

...

The online company Cash4gold.com meanwhile is reporting 25,000 transactions a month. And Exboyfriendjewelry.com — whose testimonials are full of stories about the cathartic effect of selling jewelery given by former husbands and lovers — is thriving.

The Germans are particularly interested, partly because of the collective memory of the currency collapse after two world wars.

Some high street jewellers even buy dental gold to be melted down. "German investors have always preferred to hold a lot of personal wealth in gold, for historical reasons," said Thomas Geissler, head of the Stuttgart-based TG-Gold-Super-Markt.

There is a German fascination with gold that goes even deeper than anxiety about failing currencies. One of Germany's best loved fairy tales, a classic bedtime story, features a donkey that excretes gold coins every time that one shouts the magic word "Bricklebrit!"


Tuesday, May 19, 2009

Observe the Pattern: "Boring"





The Federal Reserve Needs To Be Boring Again

There is an open question about whether the Federal Reserve even has the authority to issue claims other than currency. Apparently it thinks it does. But is it even remotely credible that the Fed could have the unbounded authority to borrow money and buy assets without the inconvenience of having to explain itself on Capitol Hill?

Anything that threatens the independence of the Fed threatens the long-term viability of monetary policy. It is really important that the expanded role of the Fed in the current crisis not threaten that viability. An independent Fed can pursue policies that are politically unpopular yet in the public interest. We need central banking to be boring again, not something that keeps us on the edge of our seats.


Wrong Paul

Fantasy, fallacy and factual fumbles from the Republican insurgent.

By Joe Miller | factcheck.org


Paging Fox Mulder

The NAFTA Superhighway According to Paul, a secret organization run by unaccountable government figures is in league with foreign corporations who are all bent on usurping American sovereignty. That's not from the script for a new X-Files movie. (Or not that we know of.) It's the gist of Paul's description of a supposed "NAFTA Superhighway." Paul describes it on his Web site as "a ten-lane colossus the width of several football fields, with freight and rail lines, fiber-optic cable lines, and oil and natural gas pipelines running alongside." And that's not all. According to Paul, the ultimate plan is to form a North American Union with a single currency and unlimited travel within its borders, all headed up by "an unholy alliance of foreign consortiums and officials from several governments" that together form the shadowy "quasi-government organization called the 'Security and Prosperity Partnership of North America,' or SPP."

The problem with Paul's claim is that there are no plans to build a NAFTA Superhighway. Or a North American Union, for that matter. And while the Security and Prosperity Partnership of North America does exist, it's just a boring bureaucracy.




"The reason the Bilderberg conference is secret is because its proceedings are so dull that if the transcripts were ever published nobody would ever attend."

Thursday, March 26, 2009

Premium Doublespeak on the Dollar




Since I'm still working on the globalism primer series, I thought I'd take a break from that to give a small update.

Here at TGC, I purposefully go out of my way to avoid blogging about Obama and his administration. At the very least I try to keep it to a minimum. If you poke around on the conservative blogs, you'll find entire sites dedicated to exclusively slamming Obama; and that's literally all they do. Every single post is about Obama. Obama this, Obama that. The best example I can think of is the guy who runs The Black Sphere. There you'll find cheeky photoshopped images of Obama and wild speculations about the man's personal idiosyncrasies. It's a veritable circle-jerk of reactionary criticism.

But really, what's the point? Extended, non-stop bashing of Obama over the economy merely helps to perpetuate the myth that the President has some sort of major influence over what goes on in terms of monetary policy in the United States. Pro tip: He doesn't. However, one of the most amusing things that they do is say that they're going to do one thing, and then do another thing entirely. This is what I tend to blog about when it comes to this administration. It's their hilarious doublespeak that amuses me the most. Case in point:

Tuesday



Michele Bachmann: "Would you categorically renounce the United States moving away from the dollar and going to a global currency as suggested this morning by China and also by Russia, Mr Secretary?"

Mr Geithner: "I would, yes."


And then there was Thursday:

US backing for world currency stuns markets

US Treasury Secretary Tim Geithner shocked global markets by revealing that Washington is "quite open" to Chinese proposals for the gradual development of a global reserve currency run by the International Monetary Fund.

The dollar plunged instantly against the euro, yen, and sterling as the comments flashed across trading screens. David Bloom, currency chief at HSBC, said the apparent policy shift amounts to an earthquake in geo-finance.

"The mere fact that the US Treasury Secretary is even entertaining thoughts that the dollar may cease being the anchor of the global monetary system has caused consternation," he said.

Mr Geithner later qualified his remarks, insisting that the dollar would remain the "world's dominant reserve currency ... for a long period of time" but the seeds of doubt have been sown.

The markets appear baffled by the confused statements emanating from Washington. President Barack Obama told a new conference hours earlier that there was no threat to the reserve status of the dollar.

"I don't believe that there is a need for a global currency. The reason the dollar is strong right now is because investors consider the United States the strongest economy in the world with the most stable political system in the world," he said.

The Chinese proposal, outlined this week by central bank governor Zhou Xiaochuan, calls for a "super-sovereign reserve currency" under IMF management, turning the Fund into a sort of world central bank.

The idea is that the IMF should activate its dormant powers to issue Special Drawing Rights. These SDRs would expand their role over time, becoming a "widely-accepted means of payments".

Mr Bloom said that any switch towards use of SDRs has direct implications for the currency markets. At the moment, 65pc of the world's $6.8 trillion stash of foreign reserves is held in dollars. But the dollar makes up just 42pc of the basket weighting of SDRs. So any SDR purchase under current rules must favour the euro, yen and sterling.

Beijing has the backing of Russia and a clutch of emerging powers in Asia and Latin America. Economists have toyed with such schemes before but the issue has vaulted to the top of the political agenda as creditor states around the world takes fright at the extreme measures now being adopted by the Federal Reserve, especially the decision to buy US government debt directly with printed money.

Mr Bloom said the US is discovering that the sensitivities of creditors cannot be ignored. "China holds almost 30pc of the world's entire reserves. What they say matters," he said.

Mr Geithner's friendly comments about the SDR plan seem intended to soothe Chinese feelings after a spat in January over alleged currency manipulation by Beijing, but he will now have to explain his own categorical assurance to Congress on Tuesday that he would not countenance any moves towards a world currency.

Friday, February 20, 2009

Globalism Primer Part 02: Globalism's Full-Court Press, The Global Kids Initiative




"There are lots of ways we can influence this country's role in the world, and I can't think of any better long-term investment than the investment represented by this group."

Richard Haas,
President,
Council on Foreign Relations


Surely you didn't think that the exposition of the general themes and justifications for contingent sovereignty would be left to linger in some obscure document on the CFR website. Digging deeper into the dissemination of the internationalist narrative reveals a full-court press which is designed to coach young people to view themselves as "global citizens".

Enter Global Kids.

Mission and History

Global Kids (GK) is committed to educating and inspiring urban youth to become successful students as well as global and community leaders. Using interactive and experiential methods to educate youth about critical international and foreign policy issues, GK provides students with opportunities for civic and global engagement. Through its professional development program, GK provides teachers and educators with strategies for integrating a youth development approach and international issues into their classrooms.


High School For Global Citizenship

Founded by Global Kids and Principal Brad Haggerty in September 2004, the High School for Global Citizenship (HSGC) is an innovative small high school in Brooklyn that aims to create a community of active learners who are engaged participants in the democratic process and are learning about foreign policy issues and the connections between their personal lives and international events.

Courses are designed with a goal of maximizing cross-curricular connections around the theme of global citizenship. In addition to traditional coursework, students have the opportunity to participate in a number of core learning experiences during their years at HSGC, including a range of Global Kids' programs; a multi-day retreat before the official school year begins; numerous field trips to international organizations and cultural institutions; an annual youth conference; an internship program; and an annual Global Citizenship Week. Furthermore, an advisory program creates a high level of personalization and ensures that every student at HSGC is well known by at least one teacher.


On the surface this is an ostensibly innocuous and noble initiative which is designed to help underprivileged children learn about the world, but in order to understand the interconnectedness of the Global Kids initiative to the doctrine of interventionist-leaning contingent sovereignty, one has to observe the language closely to get a sense of how increased awareness of unfavorable situations around the world is used to proliferate the narrative of international action.

Five Global Kids Students Advocate for Child Soldiers on Red Hand Day at the United Nations

February 11, 2009, New York, NY – Five members of Global Kids - the premiere non-profit organization in New York City that teaches underserved high school students about international issues and civic engagement – will actively participate in the Red Hand Day Campaign tomorrow, focusing attention on the growing problem of child soldiers. The red hands are the symbol of the global campaign against the use of child soldiers

The five Global Kids students are:
• Noni Fernandez - High School for Global Citizenship (Brooklyn)
• Asha Somerszaule - High School for Global Citizenship (Brooklyn)
• Ifeanyi Ekweremumba - Canarsie High School (Brooklyn)
• Sabrina Agbeti - IS 229 (Bronx)
• Justin Avendano - Academy of American Studies (Queens)

The Red Hand Day campaign will culminate on Thursday February 12 at 5:00 p.m. at the Danny Kaye Center - UNICEF House (44th St. and 1st Ave. in NYC) - when the five Global Kids youth leaders and other youth representatives from all regions of the world present a portion of “red hands” to the United Nations Secretary-General Ban Ki-Moon to emphasize the need for international action to end the use of child soldiers.

Nearly 100 officials will attend, including Security Council members, representatives from U.N. missions, U.N. staff (selected representatives from UNICEF, OSRSG/CAC, etc.), student representatives from the New York metropolitan area and other guests.

The Red Hand Day Campaign against the use of child soldiers has engaged student, youth, community and other groups around the world to make “red hands” —the symbol of the global campaign against the use of child soldiers—in order to highlight the issue of child soldiers and need for stronger international action to end this abuse of children.

The aim of the campaign is to gather one million ‘red hands’ to present to U.N. officials in New York on February 12. This date has special significance as the anniversary of the day that the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict entered into force in 2002.


If you were curious about the list of organizations which provide funding to the Global Kids initiative, take a look at their list of funders.

(Note: Oddly enough, as I was in the process of composing this entry, the list of funders suddenly disappeared from the site. I just so happened to have the list up in another tab. This is the page as it existed just a few moments ago.)

Funders

Global Kids is most grateful to countless generous individuals and the following foundations, corporations, and government institutions for their generous support of our work in 2007-2008.

Foundations & Corporations
Adelphi University
Alcoa
Andreas Foundation
Anonymous Donors
Arkin Family Foundation
Bloomberg L.L.P.
Business Wire
Citigroup
Corporation for Public Broadcasting
Cravath, Swaine, and Moore, LLC
Cricket Island Foundation
DarMac Foundation
David Rockefeller Fund
Deloitte
Deutsche Bank Americas
Deutsche Bank Americas Foundation
Equal Exchange
Google Grants
HBO
Independence Community Foundation of New York
JKW Foundation
Kahn Brothers and Co.
KeySpan Energy
Kramer, Love and Cutler LLP
Lehman Brothers, Inc.
L'Occitane
Microsoft
Morrison and Foerster Foundation
Motorola
New Visions for Public Schools/New Century High Schools Consortium
New York City Councilmember Eva Moskowitz
New York City Department of Youth and Community Development
New York City Department of Education
New York Community Trust
New York Magazine
New York State Education Department
New York State Senator Tom Duane
O'Connor Davies Munns and Dobbins, L.L.P
Overbrook Foundation
Ramapo College Foundation
Robert Bowne Foundation
Rockefeller Brothers Fund
Rose and Sherle Wagner Foundation
Safe Space
Samuel Rubin Foundation
Scholastic
Sesame Workshop
Showtime Networks
Simpson Thacher and Bartlett LLP
Stephen and May Cavin Leeman Foundation
Surdna Foundation
Tempesta and Farrell, PC
The After-School Corporation
The Arkin Group
The John D. and Catherine T. MacArthur Foundation
Third Millennium Foundation
Tiffany and Co.
Time Warner
Tishman Speyer Properties, LP
Tommy Hilfiger
United Way of New York City
University of Southern California
Urban Justice Center


Globalism Primer Part 01: The Key Themes and Justifications for Contingent Sovereignty




The issue of globalism becomes much easier to understand when one begins to view it in the context of contingent sovereignty. Contingent sovereignty is the theory. Globalism is the practice. Globalism, and the failed-state narrative structure which supports it, is the theory of contingent sovereignty in action.

lrey said...

Contingent sovereignty is not "law". It is a concept,a rationale for action taken or to be taken, that violates the normal restrictions of sovereignty coming from the organizing principles of the Treaty of Westphalia.

...

You Grayconservative, may have misunderstood my comment to Cobb. I was essentially taking the point of view regarding Hitchens' litany, that those are areas where the deficiencies of international law are most easily exposed and vulnerable to legalistic parsing, ultimately rendering to politics and power as usual.


thegrayconservative said in reply to lrey...


You won't get any argument from me about what you've said about international standards of morality being governed by political self-interest. I don't think I ever referred to contingent sovereignty as "law". I think I called it a "doctrine" which is a word I sometimes use interchangeably with "idea" or "concept". My point in throwing contingent sovereignty and the Peace of Westphalia into the mix wasn't to make the point that Hitchens' list is subject to legalistic parsing but rather to point out that his list of four violations are merely a subset of themes which comprise a larger internationalist narrative in which certain problems are said to require international attention and intervention.

This issue becomes easier to conceptualize if you begin to think of it in terms of a list of general themes which present a matrix of challenges to global governance. Try to think of it in terms of a set of themes which are said to require supra-national collective action and global solutions. The financial crisis, the war on terrorism, proliferation, the management of pandemics, alternative energy, climate change, international standards of trade, border control, state failure, genocide: all of these, at one point or another, have been citied as key issues which permit no national or regional solution.

As a quick world-wind tour of the wide-spread and concerted dissemination of this narrative in print media I offer the following quotes.

Hass: Necessity may also lead to reducing or even eliminating sovereignty when a government, whether from a lack of capacity or conscious policy, is unable to provide for the basic needs of its citizens. This reflects not simply scruples, but a view that state failure and genocide can lead to destabilising refugee flows and create openings for terrorists to take root.

Rachman: First, it is increasingly clear that the most difficult issues facing national governments are international in nature: there is global warming, a global financial crisis and a “global war on terror”.

Second, it could be done. The transport and communications revolutions have shrunk the world so that, as Geoffrey Blainey, an eminent Australian historian, has written: “For the first time in human history, world government of some sort is now possible.” Mr Blainey foresees an attempt to form a world government at some point in the next two centuries, which is an unusually long time horizon for the average newspaper column.

But – the third point – a change in the political atmosphere suggests that “global governance” could come much sooner than that. The financial crisis and climate change are pushing national governments towards global solutions, even in countries such as China and the US that are traditionally fierce guardians of national sovereignty.

Kissinger: The ultimate challenge is to shape the common concern of most countries and all major ones regarding the economic crisis, together with a common fear of jihadist terrorism, into a common strategy reinforced by the realization that the new issues like proliferation, energy and climate change permit no national or regional solution.



Globalism Primer Part 00: The Westphalian Peace versus Contingent Sovereignty

This entry begins a series of posts in which I will outline the general themes of globalism.


The the doctrine of contingent sovereignty is an innovation of thought in the conduct and rules of foreign policy which directly attacks the many-years-old idea of the Westphalian-style organization of nation states.



Westphalian sovereignty
From Wikipedia, the free encyclopedia

Westphalian sovereignty is the concept of nation-state sovereignty based on two principles: territoriality and the exclusion of external actors from domestic authority structures.

Many academics have asserted that the international system of states, multinational corporations and organizations which exists today began in 1648 at the Peace of Westphalia.[1] Both the basis and the result of this view have been attacked by revisionist academics and politicians alike, with revisionists questioning the significance of the Peace, and commentators and politicians attacking the Westphalian System of sovereign nation-states.

Traditional view

Adherents to the concept of a Westphalian system trace it back to the Peace of Westphalia, signed in 1648, in which, it is claimed, the major European powers agreed to abide by the principle of territorial integrity. In the Westphalian system, the interests and goals of nation-states were widely assumed to transcend those of any individual citizen or even any ruler.

The Peace of Westphalia is said to have ended attempts at the imposition of any supranational authority on European states. The "Westphalian" doctrine of states as independent actors was bolstered by the rise in 19th century thought of nationalism, under which legitimate states were assumed to correspond to nations—groups of people united by language and culture. Benedict Anderson refers to these putative nations as "imagined communities."

The Westphalian system reached its apogee in the late 19th century. Although practical considerations still led powerful states to seek to influence the affairs of others, forcible intervention by one country in the domestic affairs of another was less frequent in the period between 1850 and 1900 than in most previous and subsequent periods (Leurdijk 1986).

The Peace of Westphalia is crucially important to modern international relations theory, with the Peace often being defined as the beginning of the international system with which the discipline deals.[2][3][4]

International relations theorists have identified the Peace of Westphalia as having several key principles, which explain the Peace's significance and its impact on the world today:

1. The principle of the sovereignty of states and the fundamental right of political self determination
2. The principle of (legal) equality between states
3. The principle of non-intervention of one state in the internal affairs of another state

These principles are common to the way the "realist" international relations paradigm views the international system today, which explains why the system of states is referred to as "The Westphalian System".

Both the idea of Westphalian sovereignty and its applicability in practice have been questioned from the mid-20th century onwards from a variety of viewpoints. Much of the debate has turned on the ideas of internationalism and globalization which, in various interpretations, appear to conflict with Westphalian sovereignty.

A notable defence of Westphalian sovereignty is to be found in John Rawls' 1999 book, A Law of Peoples.


Against the non-interventionist Westphalian-style organization of nation-states stands the doctrine of interventionist-leaning contingent sovereignty.

Contingent sovereignty refers to the new and still evolving theory which challenges the norm of non-intervention in the internal affairs of countries, commonly associated with the Westphalian doctrine of sovereignty.

Stewart Patrick of the United States State Department has described the contingent sovereignty as follows.

Historically, the main obstacle to armed intervention -humanitarian or otherwise- has been the doctrine of sovereignty, which prohibits violating the territorial integrity of another state. One of the striking developments of the past decade has been an erosion of this non-intervention norm and the rise of a nascent doctrine of “contingent sovereignty.”
This school of thought holds that sovereign rights and immunities are not absolute. They depend on the observance of fundamental state obligations. These include the responsibility to protect the citizens of the state. When a regime makes war on its people or cannot prevent atrocities against them, it risks forfeiting its claim to non-intervention. In such circumstances, the responsibility to protect may devolve to the international community.
This emerging consensus reflects the traumas of the twentieth century. The seminal event was the Holocaust, but it was hardly the last to shock the conscience of humankind. From the killing fields of Cambodia to the bloody hills of Rwanda, a litany of atrocities has mocked our earnest, repeated pledges of 'Never Again.'
Following the NATO intervention in Kosovo in 1999, UN Secretary General Kofi Annan described what he termed a "developing international norm ... that massive and systematic violations of human rights wherever they may take place ... should not be allowed to stand." No longer should frontiers be considered an absolute defense behind which states can commit crimes against humanity with "sovereign impunity."


With regard to the doctrine of contingent sovereignty, an innovation of thinking has occured in which the concept of "global felonies" has emerged as a list of posited violations of international morality which result in the forfeiture of a nation's claim to sovereignty. This issue was discussed briefly over at Cobb in the context of a list of international violations which have been termed "global felonies" by Christopher Hitchens.

Global Felonies

From Christopher Hitchens

Essentially, there are four such criteria. One is genocide, which, according to the signatories of the Genocide Convention (the United States is one), necessitates immediate action either to prevent or to punish the perpetrators. Another is aggression against the sovereignty of neighboring states, including occupation of their territory. A third is hospitality for, or encouragement of, international terrorist groups, and a fourth is violations of the Nonproliferation Treaty or of U.N. resolutions governing weapons of mass destruction.


(c.f. Least Favored Nation)


It occured to me that Cobb's "least favored nation" concept was essentially another iteration of the doctrine of contingent sovereignty.

I think the "least favored nation" concept is somewhat premised upon the doctrine of contingent sovereignty which directly attacks the many-years-old idea of the Westphalian-style organization of nation states. It uses a list of posited intolerable violations of supra-national "international" standards as the basis of resolutions declaring the automatic forfeiture of a nation's claim to national sovereignty resulting in eventual humanitarian/military intervention.


Cobb didn't agree at first.

I very much dislike the theory of contingent sovereignty and I don't see any body capable of establishing it with any consistency worthy of military backing.

Instead I see that national arrangements and treaties are sufficiently mature, and the business interests of nations and trade blocs sufficiently mature to legally justify causus belli. The idea that a supra-national authority is required to establish causus belli is, in my opinion, wishful thinking.


I pointed out that the case for contingent sovereignty had been previously enumerated very succinctly by Richard Hass. I don't know of a better explication of the principles of contingent sovereignty than Hass' op-ed.

thegrayconservative said...

It's a mistake to believe that the theory of contingent sovereignty is limited to those issues which require military backing for the purpose of humanitarian/military intervention. Key redefinitions of the Westphalian-style organization of nations states have already taken places in the areas of trade, climate change, and the war on terrorism.

I'll remind you here that the idea of contingent sovereignty has been previously enumerated in detail by Hass and certainly encompasses more than just these four small violations listed by Hitchens. The list of "global felonies" which are said to be causes for the forfeiture of sovereignty is much longer than four, and even though you may not like the idea, it nevertheless seems that Hitchens' "global felonies" and your least favored nation concept both fix neatly into the framework.

Our notion of sovereignty must therefore be conditional, even contractual, rather than absolute.. If a state fails to live up to its side of the bargain by sponsoring terrorism, either transferring or using weapons of mass destruction, or conducting genocide, then it forfeits the normal benefits of sovereignty and opens itself up to attack, removal or occupation. The diplomatic challenge for this era is to gain widespread support for principles of state conduct and a procedure for determining remedies when these principles are violated.


Compare with:

I'm going to submit five countries onto the international shitlist in advance of Hilary Clinton. I pretty much know what she's likely to say but still, just in case she doesn't. The following are the nations who should be clutching their 'nads in fear of American aggression.


Violations of international principles of state conduct will thus gain a nation a spot on the "international shitlist" resulting in aggression, removal, or occupation. The structure of the arguments here are very similar.

Note also that Hitchens makes explicit mention of a state's ability to contain and manage germs and pandemics in relation to Zimbabwe. This is yet another posited violation which fits neatly into an accusation of a state's inability to "live up to its side of the bargain" in the form of what he calls a "germ warfare of a kind". This pillar of the contingent sovereignty theory can be understood through a series of keywords which are crucial to the failed state narrative: genocide, refugees, borders, and destabilization.

Necessity may also lead to reducing or even eliminating sovereignty when a government, whether from a lack of capacity or conscious policy, is unable to provide for the basic needs of its citizens. This reflects not simply scruples, but a view that state failure and genocide can lead to destabilising refugee flows and create openings for terrorists to take root.



Compare with:

The situation has altered recently, however, and an examination of what has altered may help us to clarify when a state crosses the boundary from "failed" to "rogue." So great is the misery of the Zimbabwean people that acute diseases like cholera are now rife. And such is their degree of desperation that they have started crossing the frontier en masse, chiefly in the direction of South Africa, taking their maladies with them. This means that Mugabe has made himself an international problem, destabilizing his neighbors and thus giving them a direct legitimate interest in (and a right to concern themselves with) the restabilizing of Zimbabwe. If the voices of people like Desmond Tutu and Graça Machel, who are beginning to insist that regional action be taken to remove Mugabe, are ever heard properly, it will probably be because Mugabe went too far in driving infected people onto the territory of the countries next door. This is germ warfare of a kind.


It's not a coincidence that Hitchens likens the situation in Zimbabwe to "germ warfare".

The "global felonies" which are touched upon here are only a handful of violations that in reality comprise an entire compendium of posited international violations which are crucial to the "what-ever-shall-we-do-with-failed states" narrative and whose proponents are always invariably in favor of an interventionist approach which frames any and everything in terms of "thinking globally". Hence the choice of the name, "global" felonies; and "global" warming; and the "global" economy. (cf. also the "global kids" initiative.) All four of Hitchens' violations are posited justifications for the forfeiture of sovereignty under this internationalist rubric. Add to that four a whole host of other posited would-be axiomatic principles of foreign policy phrased as a threat matrix of international no-no's which are enumerated with great clarity by the smart people at the CFR and interventionists like Hitchens and yourself.

Sudan, Pakistan, North Korea, Somalia, and Zimbabwe. You claim to not like the idea of contingent sovereignty, but the five nations you singled out for intervention in the "Obama Gonna What?" entry, coupled with the reasons you listed for American intervention in those areas, is a clear example of the type of innovation in thinking which holds that sovereignty no longer provides absolute protection. You, Hass, and Hitchens are very much on the same page:


Globalisation thus implies that sovereignty is not only becoming weaker in reality, but that it needs to become weaker. States would be wise to weaken sovereignty in order to protect themselves, because they cannot insulate themselves from what goes on elsewhere. Sovereignty is no longer a sanctuary.

This was demonstrated by the American and world reaction to terrorism. Afghanistan’s Taliban government, which provided access and support to al-Qaeda, was removed from power. Similarly, America’s preventive war against an Iraq that ignored the UN and was thought to possess weapons of mass destruction showed that sovereignty no longer provides absolute protection. Imagine how the world would react if some government were known to be planning to use or transfer a nuclear device or had already done so. Many would argue correctly that sovereignty provides no protection for that state.



The counter argument to the interventionist theory of contingent sovereignty is that even well-intentioned intervention has unintended consequences and blowback. Whereas the Peace of Westphalia upheld "the principle of non-intervention of one state in the internal affairs of another state" as standard operating procedure, the new internationalism is a fundamentally interventionist enterprise which is bracketed by the revisionist interpretations of the Peace and the theory of contingent sovereignty that goes along with it.