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Articles of Impeachment and the “Higher Law”: An Unexamined Legal Opportunity for the United States

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As presented to the United States Senate, Articles of Impeachment concerning Donald J. Trump will focus upon various pertinent elements of Constitutional and statutory law. Still, at least in part, this country’s most hallowed and fundamental legal foundations lie elsewhere. More precisely, these “peremptory” legal foundations are discoverable in Natural Law,[1] an immutable and dignifying set of binding rules that applies eternally, to all peoples. It follows that to best protect the United States from the egregious and continuous derelictions of US President Donald J. Trump, these incontrovertible rules – here considered as corollary jurisprudential arguments – should (a) be more explicitly identified; and (b) be more gainfully applied. Accordingly, this timely essay can inform the upcoming US Senate trial with both authority and purpose.

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                In considering US President Donald Trump and applicable Articles of Impeachment, Senators ought not confine their inquiries and remedies to codified legal sources. This is because certain equally relevant jurisprudential sources lie latent in this nation’s antecedent legal principles – precepts generally known as Natural Law. Accordingly, these principles will need to be (1) more fully and expressly identified; and (2) more conspicuously “factored in” to any authoritative judgment.

There are several possible ingredients to a proper and promising inquiry. Less obvious than the clearly codified articles of the US Constitution, these ingredients begin with various critical concepts, including the hard-to-measure scientific property known as “synergy.” In medicine, engineering and military planning, just to supply some helpful examples, synergy denotes an interactive outcome (whether foreseen or unforeseen) wherein the “whole” of an examined combination is calculably greater than the sum of its “parts.”

 Today, though generally ignored in political assessments, this term can be used to help predict and understand how certain personal traits of America’s incumbent president could combine in bewildering and ominous ways. Though more-or-less unexpected, such “force-multiplying” combinations could substantially degrade US foreign and national security policies, perhaps to the point of fostering an imminent nuclear war. Arguably, a synergistic combination of presidential anti-intellectualism and historical illiteracy is already dragging the United States toward irretrievable decline.

The relevant reasons here are not indecipherable.

Hardly.

Unhidden, America’s current president inhabits his alleged convictions like a worm in the fruit.

His faith, such as it is, serves only as a pretext for further Twitter convulsions and for more intolerably repressive moral and legal capitulations.

For the most part, President Donald Trump does not think; instead, he erupts.

Recall that this is an American president who “loves the poorly educated” and prefers the visceral chanting of crowds (the “base”) to any intellectual or scientific exertions.

Openly, Donald Trump is an American president who proudly abjures any recognizable processes of reasoning or disciplined thought, and does so with unbounded hubris and a very evident pride.

Always, rather than be persuaded to read or think seriously, Donald Trump prefers to dissemble.

But why be surprised?

“Intellect rots the brain,” warned Third Reich Propaganda Minister Joseph Goebbels.

“I love the poorly educated,” bragged then presidential candidate Donald Trump in 2016.

In principle, certain plausible synergies between the personal traits of US President Donald Trump (i.e., intra-personal interactions) could produce devastating consequences. These cumulative interactions could sometime portend an insufferable nadir of national declension, a point of realistically “no return.”

How shall all this be fixed? Among other things, of course, capable legal scholarship is required. But how should such needed scholarship be launched most effectively?

 In its apparent and presumptively well-justified considerations of proper impeachment options, the US Congress must first agree to rank order this country’s national security obligations ahead of any and all other possible considerations.

It’s an obvious and not unreasonable citizen expectation.

No proposed hierarchy could conceivably be more important.

To proceed, the mainstream of any legitimate and purposeful presidential removal preparations should focus continuously on the (1) presumptively codified and better-known “High Crimes and Misdemeanors” expectations of the US Constitution;[1]and  (2) various overlapping provisions of US statutory law. Certain other less readily recognizable legal obligations could also be needed. Once capably prepared with this strategic and jurisprudential background more clearly in mind, Members of the Senate could best identify and evaluate permissible grounds for protecting an increasingly imperiled American democracy.

In candor, to preserve a nation moving quickly toward the “precipice,” it’s not really too much to ask.

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Though less well-known, there exist several “peremptory”[2] principles of jurisprudence that could be properly applicable to all seriously conceived impeachment motions. These relatively esoteric but still valid principles concern Higher Law underpinnings of the United States. Such basic expectations represent vital national security principles that together could help protect Americans from presidentially-inflicted harms. 

Again, recalling the expanding nuclear weapons context of world politics, such harms could sometime display existential qualities.[2]

Pertinent issues are primarily legal in both nature and form. Moreover, in relevant jurisprudential terms, we must necessarily begin at the beginning. Remembering the celebrated jurist A.P. d’ Entrevesclassic text on Natural Law (Oxford University Press, 1951): “The Natural Law (Higher Law) is absolutely binding, and overrules all other laws.”  From the standpoint of any still-to-be considered impeachment strategy, this recollection could point the way to much more usefully broad bases for any US presidential removal.

Soon, a critical and overarching question should be brought to the floor at the US Senate trial. How can such a peremptory or “jus cogens” declaration be effectively operationalized in any prospective presidential impeachment action? The comprehensive essay that follows represents a jurisprudentially-informed response to this most basic and already indispensable query.

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“In the beginning….”  For the United States, the principle of a Higher Law has always been more than just “any principle.”  It is, rather, one of the most fully enduring and canonic principles in the country’s recognizable legal foundation.[3] Revealed, inter alia, in both the Declaration of Independence and in the Constitution,[4] it rests solidly and incontrovertibly upon the willing acceptance of  right and justice for their own sake. 

In other words, for the United States, considerations of right and justice have never been narrowly instrumental. On the contrary, they have always remained unwavering and determinative.

Such  foundational principles, as famed 18th century jurist William Blackstone once declared,[5] represent nothing less than “the eternal, immutable laws of good and evil, to which the creator himself in all his dispensations conforms; and which he has enabled human reason to discover so far as they are necessary for the conduct of human actions.”[6]

Plainly, Thomas Jefferson was a learned US president, even at a time when laborious study was vastly more complicated and difficult than it is today. When Jefferson – without benefit of electric light, air conditioning, central heating, computers or even a manual typewriter – set to work on the Declaration, he drew productively upon Aristotle, Cicero, Grotius, Vattel, Pufendorf, Burlamaqui, and  most prominently – John Locke (Second Treatise of Government).[7] Asserting the right of revolution whenever government becomes destructive of “certain unalienable rights,”[8] the Declaration of Independence posits a discernible natural order in the world, one whose irreducible laws are external to human will and remain eternally discoverable through staunchly determined applications of human reason.[9] 

Although, by the eighteenth century, God had been “withdrawn” from any immediate philosophical contact with humankind , and had already been transformed into the Final Cause or Prime Mover of the universe, “nature” still remained available as both a convenient and capable substitute.[10]  

There is much more. Reflecting the unique influence of Isaac Newton, whose Principia was first published in 1686, all of creation could now be taken as a recognizable expression of divine will.[11]   Reciprocally, however, the only true way to ever truly “know” this original will of God was to first discover the underlying and eternal Law of Nature.

In essence, Locke and Jefferson had deified nature and “denatured” God.[12]

But what exactly was this purported “Law of Nature,” a basic law that is accepted in the Declaration and Constitution as a continuously binding set of obligatory norms, and which could still pertain to a present-day American president? Above all, Jefferson learned from Locke, such law was a necessary source of Reason:  Still more exactly, according to Locke’s Second Treatise:

The state of nature has a law to govern it, which obliges every one:  and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions….

In transgressing the law of nature, the offender declares himself to live by another rule than that of reason and common equity, which is that measure God has set to the actions of men….

A criminal, who having renounced reason, the common rule and measure God hath given to mankind, hath, by the unjust violence and slaughter he hath committed on one, declared war against all mankind.[13]

As reason is the only sure guide to what God has given to humankind, it must inevitably become the only reliable foundation of true law.  This Lockean and Jeffersonian idea of a transcendent or Higher Law is made manifest not only in the Declaration of Independence, but also in the Constitution.[14] Inter alia, the Ninth Amendment, in stipulating that “the enumeration of certain rights in this Constitution shall not prejudice other rights not so enumerated,”[15] reflects codified belief in a perpetual law that is justly superior to any expressed will of human governance.

 This vital conviction runs continuously from ancient times, especially traditional Jewish Law,[16] up to the present intellectually detached “Trumpian moment.” The evident roots of such a prospectively lethal detachment lie in a broadly cast indifference to anything based upon Reason and a more person-specific indifference to history. What ought we ever really expect from a president who unambiguously prefers “attitude” to “preparation?”

There is still more. The Fragments of Heraclitus attest to the venerable antiquity of a Higher Law: “For all human laws are nourished by one, which is divine.  For it governs as far as it will, and is sufficient for all, and more than enough.”[17]   Such Heraclitean dicta, offered somewhere around 500 B.C.E., entered easily into later Stoic philosophy and already described a universal and expectedly rational body of human law. Hard as it may be to imagine amid American politics in 2019, this intellectual corpus was familiar to many of the Founding Fathers.

In 442 B.C.E., Sophocles further clarified the idea of all true law as an act of discovery, thus challenging the superiority of human rule-making in Antigone.[18] Already exploring the inevitable conflicts between claims of the state and those of individual conscience, this classic challenge has since been taken to represent the supremacy of a proper Higher Law overall man-made law – now an incontestable supremacy. Later, in the nineteenth century, American Transcendentalist philosopher Henry David Thoreau, noting that men live with “too passive a regard for the moral laws,”[19]  cited directly to Antigone as a stirring example of “civil disobedience.” Still later, in these United States, the derivative legal and ethical conclusions of Antigone were learned and conceptually embraced by Martin Luther King.

It follows that the authority of Natural Law already has an authentic history in American society and politics. Ipso facto, it is not “merely” a pompous invention of certain interested philosophers and university professors. Or in more lay-person parlance, Natural Law already “has legs.”

But now back to the philosophers. Building upon Plato’s theory of Ideas,[20] which sought to elevate “nature” from the merely transient sphere of contingent facts to the much “higher” realm of immutable archetypes or Forms,[21]  Aristotle advanced in his Ethics the derivative concept of “natural justice.”[22] Quoting the Antigone, he argued (in a posture of perpetual significance)  “an unjust law is not a law.”[23]  This irreducible position stands in markedly stark contrast to the more instrumental opinion of the Sophists –  i.e., that justice is never more than an expression of supremacy, that it is only what Thrasymachus cynically calls, in Plato’s Republic, “the interest of the stronger.”[24]

Were he actually made aware of such scholarly origins and underpinnings, US President Donald Trump would assuredly judge himself to be among contemporary “Sophists.” This clarifying acknowledgment, to be sure, would be uttered openly by Mr. Trump, and with unmitigated pride.

More precisely, apropos of President Donald Trump’s jurisprudentially disjointed presidency, this visibly crude brand of Realpolitik has become the openly acknowledged philosophic foundation of current U.S. foreign policy. Left unmodified by timeless principles of a Higher Law, the deleterious consequences for America and the wider world are not difficult to decipher.[25]

Prospectively, these consequences include very tangible US declensions into catastrophic war,[26] potentially even a nuclear war. Notable, in this regard, is the ongoing expansion of what might best be termed “Cold War II” with Russia; simultaneously, the undiminished nuclearization of North Korea and the ongoing recombination of ISIS Jihadist terrorists under the banner of al Qaeda. Significantly, along all of these cited dimensions of decline, a sitting American president is evidently complicit.

Once again, history can be instructive. The Stoics, whose legal philosophies arose on the threshold of the Greek and Roman worlds, regarded nature itself as humankind’s supreme legislator.[27] Applying Platonic and Aristotelian thought to a then-hopefully emerging cosmopolis, they defined this nascent order as one wherein humankind, by means of its allegedly established capacity to reason, can commune directly with the gods.[28] As this definition required further expansion of Plato’s and Aristotle’s developing notions of universalism, the Stoics consciously articulated a further division between lex aeterna, ius natural and ius humanum.[29]

Lex aeterna is the law of reason of the cosmos, the logos which rules the universe.  As an emanation of cosmic reason, human reason, it is assumed, rules the lives of men.  It follows that natural law partakes of eternal law, though it has a more limited range of application.  Unlike the more elitist conception of Plato (and, to a certain extent, even Aristotle), the Stoic idea of an innate “right reason” presumed no meaningful divisions between peoples.[30]  

Instead, in linking all persons with the cosmic order, it established the essential foundations of an authentic and immutable universality.

Cicero, in De Republica, had defined the state as a “coming together of a considerable number of men who are united by a common agreement about law and rights and by the desire to participate in mutual advantages.”[31]  This definition shed a useful light on the problems surrounding positivist jurisprudence, a legal philosophy that values any state’s edicts as intrinsically just and therefore obligatory.[32] In a suitably famous passage of De Republica, one well known to Jefferson and other Founders, Cicero sets forth the still classic articulation of Natural Law:

True law is right reason, harmonious with nature, diffused among all, constant, eternal; a law which calls to duty by its commands and restrains from evil by its prohibitions…. It is a sacred obligation not to attempt to legislate in contradiction to this law; nor may it be derogated from nor abrogated.  Indeed, by neither the Senate nor the people can we be released from this law; nor does it require any but oneself to be its expositor or interpreter.  Nor is it one law at Rome and another at Athens; one now and another at a late time; but one eternal and unchangeable law binding all nations through all time….[33]

It goes without saying that US President Donald Trump has literally no acquaintance with any such still-binding or “peremptory” ideas.

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But what is to be done when positive law (which now includes US Constitutional and statutory law) is at variance with “true law”?  The Romans had a remedy in all such challenging matters. They simply incorporated into their various statutes a contingency clause that man-made law could never abrogate those obligations that are inherently right or presumptively even sacred.[34]  On several occasions, Cicero and others actually and meaningfully invoked this clause, or jus, against one particular statute or another.[35]                  In this way, the written law of the moment, never more than an artifact of the extant civic community, remained correctly subject to “right reason.”

Later, St. Augustine reaffirmed that temporal law must always conform to the unchangeable eternal law,[36]  which he had earlier defined as “the reason or will of God (ratio divina vel voluntas Dei).”[37]  Aquinas continued this tradition of denying the status of law to prescriptions that are inherently unjust (lex iniusta non est lex).[38]  “Human law,” he wrote in the Summae,[39]  “has the quality of law only insofar as it proceeds according to right reason; and in this respect it is clear that it derives from the eternal law.  Insofar as it deviates from reason it is called an unjust law, and has the quality not of law, but of violence.”[40]

The concept of a Higher Law, later to figure so importantly in the legal development of the United States of America, was widely integrated into medieval jurisprudential thought.[41] In John of Salisbury’s Policraticus, “There are certain precepts of the law which have perpetual necessity, having the force of law among all nations and which absolutely cannot be broken.”[42]  Recognizing the idea that all political authority must be intrinsically limited, John noted that the prince “may not lawfully have any will of his own apart from that which the law or equity enjoins, or the calculation of the common interest requires.”[43]  

“…. or the calculation of the common interest requires.” Viewed against the backdrop of the current US president – now, correctly analogous to the medieval “prince” discussed by John of Salisbury – such “perpetual law” must of necessity prohibit any presidential placement of personal interest over the discernibly “common interest” of the United States. Natural Law, inter alia, still exists to frustrate political injustice, a vital function that could soon become material to any authoritative launch of impeachment proceedings against Donald Trump.

In the seventeenth and eighteenth centuries, Natural Law doctrine was reaffirmed and secularized by Grotius,[44]  the “father” of all modern international law. Reviving the Ciceronian idea of Natural Law and its underlying optimism about human nature, Grotius is credited with liberating this idea from any once-remaining dependence on ecclesiastical or Papal interpretation.[45] Building upon the prior speculations of the Dominican Francisco de Vitoria, who had proclaimed a natural community of humankind and the universal validity of human rights,[46]  Grotius fashioned a conceptual “bridge” from the Christian Commonwealth of the Middle Ages to a brand new interstate society.[47] 

In this connection, he strengthened the idea of a universally valid Natural Law, one transcending in obligation all human law, including the cumulative positive law of any single sovereign state.[48] This is an idea, of course, that lies at the conceptual heart of US law, but it also entirely alien to the understanding or vision of current US President Trump.

Unlike Machiavelli and Hobbes,[49] Grotius did not consciously reduce law to any presumed will of a prince or a separate state.[50] Rather, while recognizing such will as a properly constitutive element within the much wider international legal order, he also understood that the binding quality of human edicts must always be derived from a more overriding totality of “natural” imperatives.[51]   Accordingly, he proceeded to reject raison d’etat as a just cause for war,[52] a purposeful rejection that may sometime no longer resonate in US President Donald Trump’s personal ideas of governance.

This brings us directly to the conveyance of Natural Law ideas into American political theory, a transmittal that was preeminently the work of Locke’s Second Treatise on Civil Government (1690).[53] The specified American “duty” to revolt whenever governments commit “a long train of abuses and usurpations”[54] flows largely from Locke’s seminal notion that civil authority can never extend beyond the securing of humankind’s natural rights.[55] Regarding any prospective excursions into US presidential impeachment, the motto that Jefferson chose for his own seal was, “Rebellion to Tyrants Is Obedience to God.”[56] 

As for the right to pursue happiness, which Jefferson drew largely from Burlamaqui’s incorporation into natural law,[57] it had nothing to do with today’s shallow presidential celebrations of raw commerce and exaggerated materialism. Not at all.

Nor could this right have any bearing on any soon-to-be contemplated US presidential impeachment proceedings. Though happiness was viewed by Jefferson (in plausible deference to Pufendorf and Locke) as a welcome condition to be achieved as the direct result of humankind’s overriding commitment to reason,[58] never specified were any corresponding or corollary presidential obligations.

Above all, the Declaration of Independence implemented a fundamental social contract that sets limits on the power of any government.[59] Its most central purpose, therefore, was to better articulate a set of universally valid constraints upon absolutely all secular political authority. Moreover, as justice, which is necessarily based on natural law, binds all human society, the rights described by the Declaration of Independence could never be reserved only to Americans.

 Instead, by ready and verifiable deduction, they must extend to all human societies, and can never be rendered subject to abrogation by positive law. Today, this general applicability of an imperative to “do justice” is routinely ignored by an American president who is utterly disinterested in human rights, especially on those matters regarding immigration to the United States and the granting of refugee or asylum status. Notably, such matters of international law are ipso facto binding upon the United States, both by virtue of the ubiquitous and universal natural law, but also in consequence of the US Constitution (especially Art. VI, the “Supremacy Clause”) and various leading US Supreme Court decisions (especially the Pacquete Habana, 1900).

The compelling theory of a Higher Law, which should have a designated useful place in any forthcoming impeachment proceedings that would indict President Trump regarding his very evident disregard for worldwide human rights, is based on clarity, self-evidence, and coherence.  Its legal validity, it follows, can never be shaken by any presumed presidential imperatives of geopolitics or “America First,” As noted by the Swiss scholar Emmerich de Vattel in the 1758 edition of The Law of Nations (a work in which several American fathers of independence had discovered important and usable maxims of political liberty):  “No agreement can bind, or even authorize, a man to violate the natural law.”[60] 

Prudently, Vattel had  cautioned that only a strict obedience to higher legal obligations can produce a virtuous and thereby safe and prosperous state: “One would have to be very ignorant of political affairs not to perceive how much more capable a virtuous Nation is of forming a happy, peaceful, flourishing and secure state, respected by its neighbors and formidable to its enemies.”[61] Going forward with any Senate impeachment proceeding, Vattel’s earlier wisdom could sometime have its proper and utilitarian place. At a minimum, it could stand as an unchallengeable corrective to the manifestly unjust imperatives of “America First.                   

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In the end, as duly informed Trump impeachment advocates will surely need to understand, Higher Law expectations of the American political tradition can never be self-enforcing.  Instead, defied again and again by transient political elites, they can only be sustained where individual citizens prepare to act (as does Antigone before Creon[62] ) according to conscience.  “Why has every man a conscience,”[63]  asks Thoreau in his foundational American essay on Civil Disobedience.

I think that we should be men first,

and subjects afterwards.  It is not desirable to cultivate a respect for the law, so much as for the right.  The only obligation which I have a right to assume is to do at any time what I think right.  It is truly enough said that a corporation has no conscience; but a corporation of conscientious men is a corporation with a conscience.[64]

Where are such “conscientious men” (and of course women) to be found? Certainly not, says Thoreau insightfully, among the “commonly esteemed good citizens.”[65]  These mass men and women serve the state “not as men mainly, but as machines, with their bodies.”[66]  

Placing themselves “on a level with wood and earth and stones,”[67] these creations of the “mass” (the Danish philosopher Soren Kierkegaard would prefer the term “crowd”) are incapable of making any essential moral or legal distinctions. This incapacity is easily enough recognized today, where so many of our fellow citizens remain unwilling to acknowledge the brutally stark differences between prima facie presidential wrongdoing and legally correct presidential behavior.

Could the United States still create the conditions for a conscientious “corporation” though the enhanced education of an informed citizenry?  From Rousseau to the present, this has been the preferred path of virtually all democratic theory.  Rousseau believed that law and liberty could best exist in a city-state of properly educated voters like Geneva:

He stipulates in Book III of the Social Contract:

First, a very small state where the people can be readily got together and where each citizen can with ease know all the rest; secondly, great simplicity of manners, to prevent business from multiplying and raising thorny problems; next, a large measure of equality in rank and fortune, without which equality of rights and authority cannot long subsist; lastly, little or no luxury – for luxury either comes of riches or makes them necessary.

But the contemporary United States is not at all like Geneva, and Rousseau’s idea that (even under very specified conditions) a majority can be trusted with what is really best for “The People” is too-often mistaken. Now, the dangers of the “general will” have been made manifest not only in the exploits of Robespierre and Napoleon, but also in the stunningly inauspicious selection of US President Donald Trump and his generally anti-historical/anti-intellectual followers.

Whether this selection shall lead to proper and pragmatic efforts at presidential removal is still unclear.

There is more. Rousseau’s deification of The People actually points toward the very opposite of our own Higher Law tradition. The Genevan made “The People” sovereign; for us, ultimately, sovereignty must somehow come to reside in The Citizen.  Earlier, as Thoreau had understood, apathy, complacency, passivity and moral cowardice are the inevitable qualities found in the “mass” of men and women. True hope, therefore, can lie only in those residually still-thoughtful individuals whose primary allegiance is directed toward properly overriding and universal laws; that is, not in the presumptive “good citizen,” but rather in the indispensable “wise minority.”

It is time to finally inquire: What is the real task of this body of enlightened persons, one which could in fact represent a true and distinct majority in formation? Thoreau speaks truthfully of civil disobedience, one still possible act of “counter-friction.” Now, confronted with an American president who could bring unparalleled harms to the United States, suddenly or in unanticipated increments – as we have seen, such harms could soon include even the onset of a catastrophic nuclear war[68] –  Thoreau would urge, as he once did about still-earlier policy deformations (see Civil Disobedience),: “Let your life be a counter-friction to stop the machine.  What I have to do is to see, at any rate, that I do not lend myself to the wrong which I condemn.”

To this point, most visibly at partisan political levels, Thoreau’s earlier wisdom has fallen on variously deaf Congressional ears.

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This essay has been exploring jurisprudential remedies to the grievously injurious Trump Presidency, most obviously “ordinary” impeachment proceedings rooted in the US Constitution. Should this particular remedy be pursued to conclusion in the Senate (structurally, there could likely be no other proper legal remedies, as the Supreme Court has already clarified that presidential impeachment is necessarily a non-justiciable matter[69]), those Members directly involved with appraising and applying the Articles of Impeachment should also avail themselves of  related Higher Law arguments. This augmented path is suggested because: (1) the Constitution of the United States is indisputably and perpetually constructed upon core principles of Natural Law; and (2) these antecedent and overriding legal principles are ultimately binding upon absolutely all citizens and all government officials.

On March 19, 2018, Watergate figure John Dean said to Anderson Cooper on CNN: “Trump is Nixon on steroids and stilts.” While merely the subjective opinion of one person, this was a revealing metaphor. Unambiguously, US President Donald Trump represents a uniquely serious threat to US. national security.[70] Although, for some Americans, any such allegation could seem logically or institutionally implausible – after all, a US president is presumptively always  preserving, protecting and defending our national security – the urgently plain facts concerning major Trump transgressions are both manifest and compelling.

As long as “We the People” remain willing to take the US Constitution seriously – and not just as a musty old document to be invoked for adornment, ceremony and ostentation, or as selective justification for unregulated gun ownership – there can be no legitimate legal reasons for senators to resist Articles of Impeachment.

To evaluate such prospectively important Articles, careful attention ought to be paid not only to applicable statutory and Constitutional expectations, but also to the everlasting Higher Law traditions of the United States. While less explicit and thereby much harder to identify an operationalize, these core traditions and pertinent legal norms are in no way inferior to what had previously been codified. Accordingly, they should never be minimized or intentionally disregarded.

Basic and immutable elements of the Western Higher Law tradition should figure importantly in any still-upcoming effort to protect the United States from a catastrophic American presidency. Such jurisprudence-based efforts at protection are not only justifiable, but indispensable. As Roman statesman Cicero had already understood more than 2000 years ago, “The safety of the people shall be the highest law.”

In the current United States, the “safety of the people” can no longer automatically be trusted to the president. As corollary, the genuine “enemy of the people” here is not a free press, but rather an aberrant government that would openly side with the pernicious enemies of democracy. This authentic “enemy of the people” is now an aspiring demagogue who shamelessly cheers historical illiteracy and popular deception.

This is a president who freely offers: “I love the poorly educated.”

The significant hazards we now face as a nation ought not to be viewed singly, or in contrived isolation from one another.  It is only in their calculably cumulative impact that we can accurately foresee the most prospectively ominous harms.[71] Indeed, it is in various plausible synergies that these unique hazards could sometime become staggering or unendurable to a vulnerable American nation.

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NOTES


[1] Significantly, the Constitution does not precisely spell-out the content of any such crimes, and it is entirely reasonable to maintain that certain US presidential violations of Natural Law could be just as representative of “High Crimes and Misdemeanors” as anything discoverable in authoritative statute.

[2] See, by this author: https://thebulletin.org/what-if-you-don%E2%80%99t-trust-judgment-president-whose-finger-over-nuclear-button9794


[1] Under international law, the idea of a Higher Law – drawn originally from the ancient Greeks and ancient Hebrews – is contained, inter alia, within the principle of jus cogens or peremptory norms.

[2]     According to Article 53 of the Vienna Convention on the Law of Treaties: “…a peremptory norm of general international law is a norm accepted and recognized by the international community of states as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.” See: Vienna Convention on the Law of Treaties, Done at Vienna, May 23, 1969. Entered into force, Jan. 27, 1980. U.N. Doc. A/CONF. 39/27 at 289 (1969), 1155 U.N.T.S. 331, reprinted in 8 I.L.M.  679 (1969).

  [3]   See Edward S. Corwin, THE “HIGHER LAW” BACKGROUND OF AMERICAN CONSTITUTIONAL LAW (1955); Alexander P. D’Entreves, NATURAL LAW: AN INTRODUCTION TO LEGAL PHILOSOPHY (1951).

    [4] See:  U.S. Constitution, Art. IX.  According to Clinton Rossiter, there exists a “deep-seated conviction” among Americans “that the Constitution is an expression of the Higher Law, that it is, in fact, imperfect man’s most perfect rendering” of eternal law.  See Rossiter, preface to Corwin, supra, at vi.

[5]           Blackstone’s Commentaries, of course, provided the core foundations for America’s current legal system. It is unlikely, of course, that even a tiny handful of US representatives or senators are remotely aware of this juridical primacy.

    [6]             Blackstone’s COMMENTARIES expressly recognize that all law “results from those principles of natural justice, in which all the learned of every nation agree….”  See William Blackstone, COMMENTARIES ON THE LAWS OF ENGLAND, adapted by Robert Malcolm Kerr (Boston; Beacon Press, 1962), Book IV, “Of Public Wrongs,” p. 62 (Chapter V.,”Of Offenses Against the Law of Nations.”)

    [7]             See John Locke, TWO TREATISES OF GOVERNMENT 123 (T.I. Cook, ed., 1947).

    [8]             See THE DECLARATION OF INDEPENDENCE

    [9]             See Julius Stone, THE PROVINCE AND FUNCTION OF LAW (Cambridge MA: Harvard University Press, 1950), Chapter VIII, “Natural Law.”

    [10]       Here, in the Deist view, Nature had “replaced” God as the source for lawful behavior.

    [11]       Newton says famously in his Principia:  “This most beautiful system of the sun, planets, and comets could only proceed from the counsel and dominion of an intelligent and powerful Being.”  Cited by Abraham Kaplan, IN PURSUIT OF WISDOM: THE SCOPE OF PHILOSOPHY (Beverly Hills CA: Glencoe Press, 1977), p. 550.

    [12]       See Stone, supra, Ch. VIII.

    [13]       See Locke, supra, 123.

    [14]       See The Bill of Rights, as detailed in the following discussion.

    [15]       See U.S. Constitution, Ninth Amendment.

    [16]                   The fundamental principle of ancient Hebrew law, of course, is that the revealed will of God is the only source of all Jewish law.  In the Talmudic position, “Whatever a competent scholar will yet derive from the Law, that was already given to Moses on Mount Sinai.” (See Jerusalem Megillah IV, 74d.)

    [17]       See Sec. 81, Fragment No. DK 22B114 of THE PRESOCRATICS 75 (Philip Wheelwright ed. Bobbs-Merrill 1960).  The authoritative text for the fragments of Heraclitus is Hermann Diels & Walther Kranz, DIE FRAGMENTE DER VORSOKRATIKER (6th ed., Weidmann 1966).

    [18]       A century before Demosthenes, Antigone’s appeal against Creon’s order to the “unwritten and steadfast customs of the Gods” had evidenced the inferiority of human rule-making to a Higher Law.  Here, in the drama by Sophocles, Creon represents the Greek tyrant who disturbs the ancient harmony of the city state.  Aristotle, in his RHETORIC, quotes from Sophocles’ ANTIGONE when he argues that “an unjust law is not a law.”  See RHETORIC 1, 15, 1375, a 27 et seq.

    [19]       See Henry David Thoreau, ON THE DUTY OF CIVIL DISOBEDIENCE, in WALDEN, OR LIFE IN THE WOODS AND ON THE DUTY OF CIVIL DISOBEDIENCE (Signet 1960). 

    [20]       Plato’s theory, offered in the fourth century B.C.E, seeks to explain politics as an unstable realm of sense and matter, an arena formed and sustained by half-truths and distorted perceptions.  In contrast to the stable realm of immaterial Forms, from which all genuine knowledge must be derived, the political realm is dominated by the uncertainties of the sensible world.  At the basis of this political theory is a physical-mental analogy that establishes a correlation between the head, the heart and the abdomen, and the virtues of intelligence, courage and moderation. 

    [21]       Supra. 

    [22]       See Corwin, supra, at 7.

    [23]       Id.

    [24]       “Right is the interest of the stronger,” says Thrasymachus in Bk. I, Sec. 338 of Plato, THE REPUBLIC (B. Jowett tr., 1875).  “Justice is a contract neither to do nor to suffer wrong,” says Glaucon, id., Bk. II, Sec. 359.  See also, Philus in Bk III, Sec. 5 of Cicero, DE REPUBLICA.

[25]          In this connection, however, noted Sigmund Freud: “Wars will only be prevented with certainty if mankind unites in setting up a central authority to which the right of giving judgment upon all shall be handed over. There are clearly two separate requirements involved in this: the creation of a supreme agency and its endowment with the necessary power. One without the other would be useless.” (See: Sigmund Freud, Collected Papers, cited in Louis René Beres, The Management of World Power: A Theoretical Analysis, University of Denver, Monograph Series in World Affairs, Vol. 10 (1973-73), p, 27.)

[26] Under international law, the question of whether or not a condition of war actually exists between states is somewhat unclear.  Traditionally, a “formal” war was said to exist only when a state made a formal declaration of war.  The Hague Convention III codified this position in 1907.  This Convention provided that hostilities must not commence without “previous and explicit warning” in the form of a declaration of war or an ultimatum.  See Hague Convention III on the Opening of Hostilities, Oct. 18, 1907, art. 1, 36 Stat. 2277, 205 Consol. T.S. 263.  Presently, a declaration of war may be tantamount to a declaration of criminality because international law prohibits aggression.  See Treaty Providing for the Renunciation of War as an Instrument of National Policy, Aug. 27, 1948, art. 1, 46 Stat.  2343, 94 L.N.T.S.  57 (also called Pact of Paris or Kellogg-Briand Pact); Nuremberg Judgment, 1 I.M.T.  Trial of the Major War Criminals 171 (1947), portions reprinted in Burns H. Weston, et. al., INTERNATIONAL LAW AND WORLD ORDER  148, 159 (1980);  U.N. Charter, art. 2(4).  A state may compromise its own legal position by announcing formal declarations of war.  It follows that a state of belligerency may exist without formal declarations, but only if there exists an armed conflict between two or more states and/or at least one of these states considers itself “at war.”

    [27]       See Corwin, supra, at 9:  “The Stoics…thought of Nature or the Universe as a living organism, of which the material world was the body, and of which the Deity or the Universal Reason was the pervading, animating and governing soul; and natural law was the rule of conduct laid down by this Universal Reason for the direction of mankind.”  Salmond, JURISPRUDENCE 27 (7th ed., 1924), cited in Corwin, supra, at 9.

    [28]       Id.

    [29]       These terms are defined and discussed below.

    [30]       See Corwin, supra, at 9.

    [31]       Spoken by Scipio in Bk. I of DE REPUBLICA; cited in Alexander P. D’Entreves, THE NOTION OF THE STATE  24 (1967).

    [32]       See Stone, THE PROVINCE AND FUNCTION OF LAW, supra, 224-230.  Stone calls positive law “…the law actually enforced by organized society in a particular place at a particular time.” (p. 225) Understood in terms of natural law, positive law is merely a necessary evil, tolerable and valid only to the extent that it coincides with natural law.  In this theory, says Julius Stone, “Not only does natural law provide the criterion for judgment whether positive law is just.  It goes further and provides the criterion for deciding whether positive law is valid law at all.” (Id., at 226)

    [33]       See Cicero, I DE LEGIBUS, cited in Corwin, supra, at 10; D’Entreves, supra., at 20 – 21.  Similarly, in his DE OFFICIIS, Cicero wrote:  “There is in fact a true law namely right reason, which is in accordance with nature, applies to all men and is unchangeable and eternal…. It will not lay down one rule at Rome and another at Athens, nor will it be one rule today and another tomorrow.  But there will be one law eternal and unchangeable binding at all times and upon all peoples.” (cited by Stone, supra, at 216.)  See also DE LEGIBUS, Bk. i, c, vii; cited by Stone, supra, at 216.

    [34]       See Corwin, supra, at 12.

    [35]       Id, at 13.

    [36]       See D’Entreves, supra, 36 – 37.  In early Christendom, Augustine offered a system of thought that identified the locus of all global problems in the human potentiality for evil.  Combining a philosophy of Neo-Platonism with a view of the universe as a struggle between good and evil, he attributed the trials of humankind to the taint of original sin.  This view, transformed into a secular political philosophy, is now reflected by exponents of the school of realism or realpolitik.  Augustine, writing at the beginning of the fifth century C.E., sets out, in the CITY OF GOD, to describe human history as a contest of two societies, the intrinsically debased City of Man and the eternally peaceful City of God.  In this contest, the state, the product of humankind’s mostbase tendencies, is devoid of justice and destructive of salvation.  A mirror image of human wickedness, the state is little more than a “large gang of robbers.”  In an oft-quoted passage, Augustine recalls the answer offered by a pirate who had been captured by Alexander the Great.  When asked by Alexander what right he had to infest the seas, the pirate replied:  “The same right that you have to infest the world.  But because I do it in a small boat I am called a robber, while because you do it with a large fleet you are called an emperor.”

    [37]       See Julius Stone, HUMAN LAW AND HUMAN JUSTICE (Stanford CA: Stanford University Press, 1965), p. 44.  For Augustine, this reason or will of God “commands us to preserve the natural order and prohibits us to disturb it.” (See Contra Faustum, XXII, 27; cited by Stone, HUMAN LAW AND HUMAN JUSTICE, supra, p. 44.

    [38]       Thomas Aquinas recalls Augustine as follows:  “St. Augustine says: `There is no law unless it be just.’ So the validity of law depends upon its justice.  But in human affairs a thing is said to be just when it accords aright with the rule of reason: and as we have already seen, the first rule of reason is the Natural Law.  Thus all humanly enacted laws are in accord with reason to the extent that they derive from the Natural law.  And if a human law is at variance in any particular with the Natural law, it is no longer legal, but rather a corruption of law.” See SUMMA THEOLOGICA, 1a 2ae, 95, 2; cited by D’Entreves, supra, pp. 42 – 43.

    [39]       See D’Entreves, supra, at 42 – 43.

    [40]                   The importance of reason to legal judgment was prefigured in ancient Israel, which accommodated reason within its system of revealed law.  Jewish theory of law, insofar as it displays the marks of natural law, offers a transcending order revealed by the divine word as interpreted by human reason.  In the striking words of Ecclesiasticus 32.23, 37.16,13-14:  “Let reason go before every enterprise and counsel before any action…And let the counsel of thine own heart stand…For a man’s mind is sometimes wont to tell him more than seven watchmen that sit above in an high tower….”

    [41]       See Stone, THE PROVINCE AND FUNCTION OF LAW, supra, Chapter VIII.

    [42]       See Corwin, supra, at 17 – 18.

    [43]       Id., at 19.

    [44]       See Stone, HUMAN LAW AND HUMAN JUSTICE, supra, pp. 64 – 68.

    [45]       Id.

    [46]       See Stone, HUMAN LAW AND HUMAN JUSTICE, supra, pp. 61 – 63.

    [47]       Id, pp. 65 – 68.

    [48]       Id.

    [49]       The sixteenth-century Florentine philosopher, Niccolo Machiavelli, joined Aristotle’s foundations for a scientific study of politics with assumptions of realpolitik to reach certain conclusions about politics.  His most important conclusion underscores the dilemma of practicing goodness in an essentially evil world:  “A man who wishes to make a profession of goodness in everything must necessarily come to grief among so many who are not good.” (See THE PRINCE, Chapter XV).  Recognizing this tragic state of affairs, Machiavelli proceeds to advance the arguments for expediency that have become synonymous with his name.  With the placing of the idea of force at the center of his political theory, the author of THE PRINCE stands in sharp contrast to the Platonic and early Christian concepts of the “good.”  Rejecting both Plato’s arguments that there is a knowable objective “good” that leads to virtue, and Augustine’s otherworldly idea of absolute goodness, Machiavelli constructs his political theory on the assumption that “all men are potential criminals, and always ready to realize their evil intentions whenever they are free to do so.” In his instructions to the statesman on how to rule in a world dominated by force, he advises “to learn how not to be good.”  The seventeenth-century materialist and social philosopher, Thomas Hobbes, elaborated a complex system of thought in which man was reduced to a state of nature and then reconstructed.  Seeking a science of human nature that would have the rigor of physics, Hobbes looked to introspection as the source of genuine understanding:  “Whosoever looketh into himself and considereth what he doth when he does think, opine, reason, hope, fear, etc., and upon what grounds, he shall thereby read and know, what are the thoughts and passions of all other men, upon the like occasions.” (See Introduction to LEVIATHAN).  The results of such an analysis of one’s own thought processes led Hobbes to his celebrated theory of the social contract:  the natural egoism of man produces a “war of all against all” in the absence of civil government and must be tempered by absolute monarchy.  Moreover, the condition of nature, which is also called a condition of war marked by “continual fear, and danger of violent death,” has always been the characteristic condition of international relations and international law:  “But though there had never been any time, wherein particular men were in a condition of war one against another; yet, in all times, kings, and persons of sovereign-authority, because of their independency, are in continual jealousies, and in the state and posture of gladiators; having their weapons pointing, and their eyes fixed on one another; that is, their forts, garrisons, and guns upon the frontiers of their kingdoms, and continual spies upon their neighbors, which is a posture of war.”  (See LEVIATHAN, Chapter XIII).

    [50]       This is because the principal Grotian effort was to “translate” natural law from pure philosophical speculation into a pragmatic legal ordering.  See Stone, HUMAN LAW AND HUMAN JUSTICE, supra, p. 65.

    [51]       Id. 

    [52]       The Swiss scholar, Emmerich de Vattel, notes – in his 1758 classic THE LAW OF NATIONS:  “No agreement can bind, or even authorize a man to violate the natural law.”  See Albert de LaPradelle, Introduction to Emmerich de Vattel, LE DROIT DES GENS (THE LAW OF NATIONS) (Charles G. Fenwick, tr., 1916).

    [53]       See Corwin, supra, at 61.

    [54]       Id. 

    [55]       Id. 

    [56]       See Thomas Jefferson, IV WORKS 362 (New York, P.L. Ford, ed., 1892-99).

    [57]       J.J. Burlamaqui, author of PRINCIPES DU DROIT DE LA NATURE ET DES GENS (1774) was a Swiss scholar who held a Chair at the University of Geneva.  His work has been described by J. Stone and others as “rational utilitarianism.”  See Stone, HUMAN LAW AND HUMAN JUSTICE, supra, p. 71.

    [58]       See Corwin, supra, p. 81.

    [59]       Id. 

    [60]       See Vattel, THE LAW OF NATIONS (Washington D.C.: Carnegie Institution, 1916), C.G. Fenwick tr., p. 4.

    [61]       Id. 

    [62]       See Sophocles, ANTIGONE, supra. 

    [63]       See H D Thoreau, ON THE DUTY OF CIVIL DISOBEDIENCE (New York: New American Library, 1959).

    [64]       Id. 

    [65]       Id. 

    [66]       Id. 

    [67]       Id. 

[68]             “The obligation of subjects to the sovereign,” says Thomas Hobbes in Chapter XXI of LEVIATHAN, “is understood to last as long, and no longer, than the power lasteth by which he is able to protect them.”

[69]          See Nixon v. United States, 506 U.S. 224 (1993).

[70]  Warned John Brennan, former Director of Central Intelligence:  “When the full extent of your venality, moral turpitude, and political corruption becomes known, you will take your rightful place as a disgraced demagogue in the dustbin of history. You may scapegoat Andy McCabe, but you will not destroy America…America will triumph over you.” (Tweet, March 17, 2018). Somewhat less precisely, but to the very same conclusion, John Dean of Watergate era fame/notoriety said on CNN (19 March 2018): “Trump is Nixon on steroids and stilts.”

[71] To some extent, at least, such harms could stem from various effects of “Cold War II.”  In this connection, by definition, hypothesizing the emergence of a new Cold War means expecting the world system to become increasingly bipolar. For early conceptual writings by this author on the global security implications of any such expanding bipolarity, see: Louis René Beres, “Bipolarity, Multipolarity, and the Reliability of Alliance Commitments,” Western Political Quarterly, Vol. 25, No.4., December 1972, pp. 702-710; Louis René Beres, “Bipolarity, Multipolarity, and the Tragedy of the Commons,” Western Political Quarterly, Vol. 26, No.4., December 1973, pp, 649-658; and Louis René Beres, “Guerillas, Terrorists, and Polarity: New Structural Models of World Politics,” Western Political Quarterly, Vol. 27, No.4., December 1974, pp. 624-636.

LOUIS RENÉ BERES (Ph.D., Princeton, 1971) is Emeritus Professor of International Law at Purdue. His twelfth and most recent book is Surviving Amid Chaos: Israel's Nuclear Strategy (2016) (2nd ed., 2018) https://paw.princeton.edu/new-books/surviving-amid-chaos-israel%E2%80%99s-nuclear-strategy Some of his principal strategic writings have appeared in Harvard National Security Journal (Harvard Law School); International Security (Harvard University); Yale Global Online (Yale University); Oxford University Press (Oxford University); Oxford Yearbook of International Law (Oxford University Press); Parameters: Journal of the US Army War College (Pentagon); Special Warfare (Pentagon); Modern War Institute (Pentagon); The War Room (Pentagon); World Politics (Princeton); INSS (The Institute for National Security Studies)(Tel Aviv); Israel Defense (Tel Aviv); BESA Perspectives (Israel); International Journal of Intelligence and Counterintelligence; The Atlantic; The New York Times and the Bulletin of the Atomic Scientists.

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How the Republican Party Has Tightened U.S.-Taiwan Ties

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Taiwan, also known as the sovereign Republican of China (ROC), set up in the aftermath of the revolution in 1911 in China. The U.S. government recognized the ROC as the legal government of China till the end of 1978 and has thereafter maintained a non-diplomatic relationship with the island after its official recognition of People’s Republic of China (PRC) as the legal government of China in 1979. Even though the U.S.-Taiwan relationship is deemed as “unofficial” by the U.S. Department of State, official contacts between the two governments based on the Taiwan Relations Act have never ceased, the most important of which includes U.S.-Taiwan arms sales. The “strategic ambiguity” embedded in the three U.S.-PRC Joint Communiqués in 1972, 1979 and 1982 allows the U.S. to maintain its involvement in the regional security of Taiwan Strait under a statutory framework despite PRC’s countless opposition.

America’s long-standing commitment to Taiwan and involvement in the region is not only bound by the jurisdiction of the Taiwan Relation Act, but has created “historical and ideological connections”. The support for Taiwan, especially when in the face of an increasingly aggressive China, is usually bipartisan in the U.S., but the Republican party seems to be more provocative when it comes to defending Taiwan from the threat of mainland China. Historically, Republican politicians usually stroke first to take a pro-Taiwan stance when disputes across the Taiwan Strait arose. Meanwhile, the ongoing “asymmetric polarization” in the U.S. – the Republican Party is turning conservative more than the Democratic Party turning liberal – is influencing Washington’s policies involving the Taiwan Strait. In 2020, conservative Republican senators Josh Hawley and Ted Cruz introduced the Taiwan Defense Act (TDA) and Taiwan Symbols of Sovereignty (Taiwan SOS) Act respectively, both of which aimed at defending Taiwan from Chinese Communist Party’s oppression and even invasion. As Republicans are rapidly turning more conservative, is it likely that the U.S.-Taiwan relations will enter a honeymoon phase? And how that would affect U.S.-Taiwan arms sales?

Historical links between U.S. Republican Party and Taiwan

  1. 1949 – 1971: The China Lobby

Throughout the history U.S.-Taiwan relations, there have been multiple times when conservative Republican officials and public figures have worked at the forefront of campaigning for closer U.S.-Taiwan ties, often along with anti-PRC policies.The Republican Party’s intimacy with Taiwan dates back to 1949 when the Chinese Civil War ended. The defeat of Chiang Kai-shek split U.S. policymakers on the issue of whether to defend Taiwan if Communists from China initiated an attack. Democratic Secretary of State Dean Acheson was prone to abandon the island while Republican Senators Robert Taft and William Knowland, together with former Republican President Hoover adamantly demanded that America should protect Taiwan.

In the 1950s, the China Lobby, a broad network of people who shared the common goal of support Chiang Kai-shek’s recovery of mainland China from Mao Zedong-led communism, represented the apex of Taiwan’s success in America. It involved both Nationalist Chinese officials and right-wing American politicians who were mostly Republican politicians, including Senator Barry Goldwater, Jesse Helms, Senator Bob Dole, and Representative Dana Rohrabacher. Although not every supporter of Chiang actually cared about Taiwan issues since many of them simply took advantage of it to advance their own political agendas, the China Lobby, supported by the Republican Party, was capable of arguing for their cause aggressively and intimidating dissidents.

2.2 1971-1991: The Sino-US Normalization – Inner Conflicts among Republicans

Republican President Nixon won bipartisan support for his trip to China in 1972, which marked the end of U.S. efforts to isolate People’s Republic of China. Praises for Nixon’s China initiative came not only from leading congressional Democrats such as Senator Ted Kennedy and Mike Mansfield, but liberal communist James Reston. However, domestic controversy and criticism also arose and mostly came from conservative Republicans who complained that the preliminary rapprochement undermines America’s longtime ally – Taiwan. As the conclusion of Nixon’s visit to China, the “U.S.-PRC Joint Communique (1972)” was issued, which incurred opposition and even wrath of Nixon’s conservative Republican supporters who were upset by the gradual reduction in U.S. forces in Taiwan as implied by the communique.

A decade later, Republican President Ronald Reagan issued the “U.S.-PRC Joint Communique on Arms Sales” – also known as 1982 Communique – which clarified that the U.S. intended to gradually decrease its arms sales to Taiwan, but Reagan’s secret Memorandum on the 1982 Communique specified that the reduction in U.S. sales of arms to Taiwan was “conditioned absolutely upon the continued commitment of China to the peaceful solution of the Taiwan-PRC differences”. As a matter of fact, not only did the Reagan administration have Republicans in Congress reassured through his written clarification that the communique would not disadvantage Taiwan, but he continued to work to assuage potential criticism from the pro-Taiwan Republicans by selling twelve C-130H military transport aircraft to Taiwan in 1984.

2.3 1992-2016: The Gradual Revival of Republican-Taiwan Ties

In 1992, an agreement was reached by PRC and ROC governments in the name of “1992 Consensus” in which the commitment of “one China, respective interpretations” was shared and seen as the foundation of the rapprochement between the two sides of Taiwan Strait ever since. Douglas H. Paal, the Director of American Institute in Taiwan (AIT) between 2002 and 2006, buttressed the 1992 Consensus by emphasizing its critical importance to maintaining cross-strait peace in 2012, days before the presidential election of Taiwan. However, the former Republican Senator Frank H. Murkowski supported Tsai Ing-wen’s challenge to the 1992 Consensus – “Taiwan consensus”, and claimed that Tsai’ proposal “represents the will of the Taiwan people”.

Two years after the proposal of 1992 Consensus, the Clinton administration sought to upgrade the U.S.-Taiwan relations but still restricted high-level Taiwanese government officials’ access to U.S. visas. In the same year, Republicans swept the mid-term elections, which led to a growing movement in the Congress that favored closer relations with Taiwan. In 1995, Newt Gingrich, the Speaker of the House as well as the conservative Republican representative of Georgia stated that president of ROC should not only be able to visit the United States, but ROC itself deserved a seat in the United Nations.

The majority of House Republicans’ support for Clinton Administration’s efforts into bringing China into WTO was surprising, but harsh criticism against China also came from Republican politicians and public figures such as Representative Chris Smith, Representative Dana Rohrabacher, and 1992 Republican presidential candidate Patrick Buchanan, most of whom were allies of conservative forces that held anti-PRC and pro-sentiment.

2.4 2017 – present: Increasingly Conservative Republicans and Closer U.S.-Taiwan Ties

After winning the 2016 U.S. president election, the Republican president-elect Donald Trump had a 10-minute conversation with the President of Taiwan Tsai Ing-wen, an unprecedented move for a soon-to-be U.S. president and Taiwan’s top leader. This led many people to label Trump as a pro-Taiwan president and some even speculate his intention to support the independence of Taiwan.

The conservative Republican president’s policies toward Taiwan were as bold and aggressive as his domestic policies. Even though some may claim Trump’s attitude was “neither new nor Taiwan-specific”, it cannot be denied that his leadership, directly or indirectly, accelerated Republican Party’s right-leaning dash and that came with more pro-Taiwan policies that got under Beijing’ nerve. In 2018, Trump “gladly signed” the Taiwan Travel Act that encourages all levels of U.S. government officials to travel to Taiwan and high-level Taiwanese officials to enter the U.S.. The bill was introduced by the Republican representative Steven Chabot and won bipartisan support before being signed into law by Trump. In 2020, the Republican Senator Josh Hawley introduced the Taiwan Defense Act (TDA) to ensure America’s obligations of defending Taiwan from Chinese Communist Party’s invasion. In the same year, the Republican Senator Ted Cruz recognized Taiwan’s National Day and introduced Taiwan Symbols of Sovereignty (Taiwan SOS) Act.

The conservative Republican Secretary of State Mike Pompeo is also known for his staunch support for Taiwan. During the final days of Trump’s presidency, Pompeo announced that the U.S. was lifting restrictions on U.S.-Taiwan relations by allowing U.S. government contacts with Taiwan despite an increasing risk of invoking Beijing to trigger a new cross-strait crisis. Even in the post-Trump era, Republicans does not seem to put a stop to their pro-Taiwan cause. In April 2021, the Republican Representative John Curtis introduced the “Taiwan International Solidary Act” to condemn China’s overreach of the sovereignty of Taiwan – a year after he authored the “Taipei Act” to strengthen Taiwan’s international diplomatic recognition and had it passed by bipartisan support. The ongoing partisan divide has yet to show a sign of deceleration after Trump left the office. Based on the redder Republican Party’s historical favor toward Taiwan, it is likely that there will be more Republicans initiating anti-PRC and pro-Taiwan policies, including increasing U.S. arms sales to Taiwan.

Asymmetric Polarization in the U.S.

As early as in the 1990s, themes of polarization, division, and fragmentation started to be discussed by media and political commentators of American politics. The editor of the Columbia Journalism Review declared the conservative politician Patrick Buchanan’s speech at the Republican convention in 1992 a “culture war” and asserted “There is increasing polarization in American society over race, religion, family life, sex education and other social issues”. Similar perceptions include “the sharpening cultural polarization of U.S. society after the mid-1970” and the two dividing values camps in America – the “culturally orthodox” and the “culturally progress”. As shown in Figure 1, Republican legislators have been turning more conservative and Democratic legislators more liberal, which makes the Senate and House more divided than ever since the end of the first World War.

Figure 1: Increasing Polarization in Congress 1870-2010 based on DW-NOMINATE Index

Each point represents the discrepancy between two parties’ mean DW-NOMINATE scores. Higher values along the y-axis indicate stronger political polarization. (source: Moskowitz & Snyder, 2019)

The Republicans and Democrats in the U.S., with their ongoing conflicts commonly acknowledged, are not simply mirror images of each other. A wealth of studies find that the two parties are not moving away from the center at equal speeds. Scholars such as Jacob Hacker and Paul Pierson point out that the phenomenon “asymmetric polarization” – Republicans have marched much further right than Democrats have moved left – is what has escalated partisan conflicts, which is also demonstrated by Figure 2. Nolan McCarty, the professor of Politics and Publica Affair of Princeton University, asserts that the polarization is “a Republican-led phenomenon where very conservative Republicans have replaced moderate Republicans and Southern Democrat”. The disproportionate share of rising polarization is thereby greatly explained by Republican party’s march toward the ideological extreme.

Figure 2: Asymmetric Polarization based on DW-NOMINATE Scores

(source: Moskowitz & Snyder, 2019)

Correlations between U.S. Asymmetric Polarization and US-Taiwan Relations and Arms Sales

Compared to 1991 when it had more than 20 countries as suppliers of arms, Taiwan only has the U.S. as its supplier nowadays. America, however, remains Taiwan’s sole and largest supplier of arms by taking advantaging of the strategic ambiguity of the U.S.-PRC Joint Communique of 1982 and the Taiwan Relations Act. More importantly, keeping arms sales to Taiwan can be used as political leverage by the U.S. for the U.S.-RPC relations. The U.S. military sales agreements with Taiwan amounted to $9 billion and delivers totaled $12.3 billion between 1991 and 1998. During the Bush and Obama Administration, U.S.-Taiwan arms sales were oftentimes delayed or cancelled due to concerns over relations with the RPC or U.S. domestic political disputes in Taiwan. However, to counter the cross-Strait military imbalance, the arms sales to Taiwan during the Trump Administration exceeded any previous administrations over the last four decades, including seven packages of arms sales in 2017, C-130 and F-16 fighter parts and accessories in 2018 and 2019. As shown by Figure 3, the overall volume of U.S.-Taiwan arms sales experiences an increase between 1981 and 2010 despite some fluctuations.

 Figure 3: U.S. Government Arms Deliveries to Taiwan 1981 – 2010 ($billion, values not adjusted for inflation)

The scatterplot is composed by the author of this article (source: Arms Control Association, n.d.)

For years, Republicans constantly praise the common value shared by the U.S. and Taiwan and never attempt to hide their stance on defending Taiwan under the Taiwan Relations Act should China violate the peaceful status quo across the strait. The U.S. support for Taiwan is oftentimes dominated by Republicans who tend to convert their anti-CCP ideology to pro-Taiwan policies. Those prominent Republican politicians include Senator Marco Rubio, Senator John McCain, and former National Security Advisor John Bolton. Republicans’ pro-Taiwan impression culminated when Donald Trump, the Republican then-President-elect, had a phone call from Taiwan’s President Tsai Ing-wen, the first official U.S.-Taiwan conversation since 1979. Throughout history, most prominent pro-Taiwan Republican politicians have shown a higher level of conservatism than their colleagues based on DW-NOMINATE ideology scores, including Senator Barry Goldwater, Senator Frank H. Murkowski, and Senator John Curtis, whom of which have made great contributions to tightening the relations between the U.S. and Taiwan. According to those Republicans, Taiwan is a loyal friend of the United States who deserves their strong support which includes the timely sale of defensive arms.

With Republicans’ accelerating right-leaning dashing, the anti-China sentiment has been rising and a large portion of it has been translated into pro-Taiwan actions. The Trump Administration’s hardline reprimand of CCP has starkly juxtaposed Taipei and Beijing in the current international political environment. This has enhanced the image of Taiwan as “a tiny democratic ally threatened by a totalitarian neighbor”, which has given Republicans more legitimacy to take aggressive actions to defend democracy of Taiwan by means of promoting more arms sales to the island.

However, is the asymmetric polarization the only reason behind the increasing U.S.-Taiwan arms sales? Even the polarization of Republicans seems to proceed at a faster pace, Democrats’ process of radicalization is tagging along. The boundary between liberal and left had almost vanished by the end of the 1980s, and the self-identifying radicals started to be replaced by leftists relabeled as “progressive”. The progressive movement of Democrats has been accelerated by “neoliberal globalism” and the “Cyber Left” – an amalgamation of hundreds of thousands of online organizations, blogs, Twitter and Facebook groups. A study of Brookings finds that the ratio of progressive non-incumbent House winners to total democratic candidates was as high as 41% in 2018, a huge increase compared to 26% in 2016 and 17% in 2014. There is a chance that Democrats could also show stronger support for Taiwan to help the island stand up to the presence of increasingly aggressive China, which is also consistent with their emphasis on a harmonious global community and “social responsibility”. It is true that notable Democrats such as Senator Bob Menendez, Senator Ted Kennedy or Speaker Nancy Pelosi do have been open about their appeal for Taiwan’s rightful place on the global stage and have never been shy about celebrating Taiwan’s democracy. Whereas, it is also progressive Democrats’ pro-globalization stance that makes them tend to downplay anti-Communism ideology and thus provide insufficient legislative support for Taiwan. Therefore, military support for Taiwan is still and will be dominated by the conservative Republicans who uphold anti-Communism ideology and value a strong military power to increase security and peace.

Conclusion

The history has proven the Republicans’ overall pro-Taiwan stance from the perspective of ideological similarity, strategic purposes and common values. The increasingly right-leaning Republicans’ support for Taiwan is not only confined to the legislative branch, but has permeated the executive branch. Being regarded as the most pro-Taiwan president in the US history, Donald Trump lifted U.S.-Taiwan arms sales “to the next level” by not only upgrading the quality of arms, but significantly changing the frequency and procedure of sales.

Biden’s ambition to reunite the U.S. is not likely to happen on a short notice given the highly divided American society in terms of income inequality, identity politics, race divergence and so on. The ongoing asymmetric polarization is only going to get worse before it gets better, and that would lead more conservative Republicans, instead of moderate ones, to take power in the foreseeable future. Against the backdrop of deteriorating U.S.-PRC relations, hawkish policies for China will become the mainstream among Republicans. That may not necessarily increase the arms sales to Taiwan under the Biden Administration, but the partisan divide in the current American political environment has made and will make pro-Taiwan policies one of the few agendas that can reach a bipartisan agreement. Therefore, that would neither leave sufficient scope for the Biden administration to adjust its Taiwan policy nor make its China policy too different than his predecessor despites his eager to fix the relations with the second largest economy.

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New Paradigm of US Foreign Policy and Relations with Russia

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Image source: kremlin.ru

US foreign policy is undergoing an important transition. The US withdrawal from Afghanistan drew a final and symbolic line under the period of its foreign policy, which began not on September 11, 2001, but in the early 1990s — what’s commonly called the “post-Cold War” period. In the early 1990s, intoxicated by the “victory in the Cold War” declared by George Bush Sr., the United States, being confident of the “end of history” and not meeting any resistance from outside in the context of the emerging “moment of unipolarity”, embarked on a course to transform everything else in the world in accordance with its values. These included the universalisation of the collective West and the spread of the American-centric “New World Order”. It was then that the goal of American policy towards Russia and China became their liberal-democratic transformation in accordance with Western patterns and integration into the American-centric world as junior players. US policy objectives regarding so-called “Rogue countries” (that is, those who stubbornly did not want to go over to the “right side of history”) became regime change.

That policy reached an impasse in the second half of the 2000s; since then the United States has been mired in a deep foreign policy crisis, due to the fact that the world had “suddenly” stopped developing in line with the American ideological guidelines. Russia and China refused to be transformed in accordance with Western patterns and integrate into the American world order as junior players, and attempts to democratise Iraq, Afghanistan and the Middle East generally failed. It was obviously not possible to extend the American-centric world order to the entire international system, and this order itself gradually began to burst at the seams.

Barack Obama tried to find a way out of this crisis by changing the instruments of American foreign policy, but maintaining the paradigm of spreading the American-centric world order to the rest of the world. The “reset” of relations with Russia and the Trans-Pacific Partnership (Washington hoped that China would eventually be forced to join the TPP) were, in fact, the latest attempts to “draw” Moscow and Beijing into the American-centric world order. Supporting the Arab Spring and fighting Arab dictators was the latest attempt to transform the Middle East. Both attempts failed again.

The first president of the United States to abandon the paradigm of transforming the rest of the world in accordance with American values was Donald Trump. Under his administration, for the first time since the Cold War, the US didn’t initiate any new military interventions, openly declared its refusal to spread democracy by military means, and made a fundamental decision to leave Afghanistan by signing an agreement with the Taliban (banned in Russia). It announced that henceforth, US foreign and defence policy would be focused primarily on the confrontation with Washington’s global rivals and adversaries, namely China and Russia. However, both the American elite and the establishment of most of the US allies mistakenly perceived Trump and his policies as a temporary aberration, after which a “return to normal” US policy (as it was after the end of the Cold War) should occur. Trump’s turnaround did not seem real or final to many. However, their projections were all in vain.

Biden’s historical significance lies in the fact that, despite being flesh and blood part of the traditional American establishment, having removed Trump from the White House, and receiving the support of elites and the “deep state”, he not only did not abandon the foreign policy of Trump, but also saw it to its conclusion. In doing so, he gave it a much more systemic and complete character. The main ways in which Biden’s foreign policy differs from that of Trump are that the United States has increased the importance of combating transnational threats (primarily climate change), and also changed its rhetoric towards its European allies, making it more sympathetic. On most fundamental issues, however, continuity prevails.

The abandonment of the paradigm of universalisation of the American-centric world order is in no way a signal of the readiness of the United States to form a joint multipolar world order with non-Western centres of power, primarily with China and Russia. The fundamentals of American foreign policy — the commitment to primacy and ideological messianism — remain unchanged: they are the result of the nature of the American state as an ideological project and its position as the most powerful player in its environment. The history of US foreign policy does not know the joint formation of a multipolar world order and participation in it; the American ideology simply excludes this.

As a result, a new paradigm of American foreign policy is already being shaped. Its defining priority is the fight against global rivals, this time China and Russia, and attempts to build a new bipolarity, where one pole would be the “world of democracies” led by the United States, and the other pole would be the “world of authoritarians” with the leading roles played by China and Russia. From attempts to universalise the American-centric world order, the United States has moved to its consolidation and defence, and from the “post-Cold War” era to the era of a new global confrontation.

US foreign policy is by no means becoming less ideological. Liberal ideology in its newest left-liberal form is turning from a means of expansion into an instrument for consolidating the “collective West”, defining “us and them” and splitting the international community into opposing blocs.

By rejecting the old, failed foreign policy paradigm and adopting a new one, Biden has been able to lead America out of the foreign policy crisis of the past decade and a half. The fiasco in Afghanistan was associated with an incorrect assessment of how long the Ghani government would hold out after the withdrawal of American troops. However, this dramatic narrative should not be misleading: Washington was well aware that this government would fall and that the Taliban would inevitably come to power (within between several months and two years), but nevertheless decided to leave.

The new global confrontation is intended to restore meaning, order and self-confidence to American foreign policy. With its help, the United States seeks to rally allies and partners around itself, consolidate the “collective West” and strengthen its leadership, and, perhaps, even mitigate its internal problems — to try and glue back together a divided American society, albeit partially, and reduce the polarisation of the political elite.

Of course, the practice of American foreign policy is more complex and multidimensional than the rhetoric about a new global confrontation between democracies and autocracies.

First, the world does not fit into the Procrustean bed of a new ideological confrontation. As in the previous Cold War, in the fight against global adversaries, the United States needs to partner with a number of non-democratic countries (for example, Vietnam). Many of the official US allies are authoritarian (including most allies in the Middle East, including Turkey), and Washington is unlikely to abandon these alliances, even though relations with some of them have deteriorated. Loyal NATO allies such as Poland also face serious problems with democracy. However, most importantly, an increasing number of countries, including democracies, do not want to join the US-China or US-Russia confrontation on the side of one of the powers, and are striving to pursue an increasingly independent foreign policy. An illustrative example is South Korea, which, being an ally of the United States and a democracy, in every possible way avoids being drawn into anti-Chinese policies.

Therefore, it is already reasonable to raise the question of how soon the United States will enter a new foreign policy crisis associated with its inability to achieve a new global demarcation along ideological lines and rally around itself most of the “free world” in opposition to China and Russia. Where, in this case, will the American foreign policy strategy develop? But these are questions of a more distant future.

Second, an important priority of the Biden administration is the fight against transnational challenges, primarily climate change, which requires cooperation with global opponents of the United States and non-democratic countries in general. So far, the Biden administration has been trying to combine its geopolitical rivalry with Moscow and Beijing with cooperation with them regarding climate change and other global challenges. It is difficult to say whether such a combination works. Moreover, Russia and China are invited to cooperate on the basis of the Western agenda, not a joint agenda, and at the same time the United States is using the same climate agenda to discredit Moscow and Beijing, exposing them as “climate spoilers” that refuse to reduce carbon emissions on a larger scale.

Third, the Biden administration makes it clear that China, perceived as the only rival capable of undermining American global primacy today, is a much more important and strategic adversary than Russia, and the Pacific region is a much higher priority region than Europe.

It is precisely at the containment of China and the consolidation of the anti-Chinese coalition that the United States is trying to throw its main forces, sometimes to the detriment of its policy of consolidating the Atlantic community and containing Russia. The history of the creation of AUKUS and NATO’s decision to designate China in its future strategic concept (planned to be adopted in 2022) as a threat to the security of the alliance, along with Russia, speak of the same thing: Europe is interesting for the Biden administration not only as a springboard and an ally for containment Russia, but also as an assistant in the fight against China.

Equally, it is the desire of the United States to focus maximum resources and attention on the fight against China, as well as to weaken the tendency towards further rapprochement between Moscow and Beijing, which has led to their mutual strengthening, including the military strengthening of China. That is the main reason why the Biden administration is now aiming to stabilise the confrontation with Russia, and to prevent its further escalation. While maintaining the existing deterrent tools (sanctions, information war, support for the current governments in Ukraine and Georgia and their Euro-Atlantic orientation, etc.), Washington, nevertheless, has not provided a qualitative increase in support for Kiev and Tbilisi and seeks to prevent what could lead to a new escalation of the military conflict in the Donbass or in the South Caucasus.

However, while confrontation with Russia is not an equal priority of US foreign policy versus confrontation with China, it remains and will remain an important issue. The United States has neither the desire nor the ability to overcome or at least significantly reduce the confrontation with Russia at the cost of its own concessions, and will strive to make it more passive.

There is no possibility of reducing confrontation on the part of the United States, primarily due to its domestic political restrictions:

In recent years, a strong anti-Russian consensus has developed there. US policymakers perceive Russia as both a geopolitical and an ideological adversary that seeks to undermine the position of the United States around the world, strengthen its main strategic rival (China), as well as undermine the American political system, and undermine America’s faith in democracy and liberal values. This perception and the need to combat it is one of the few issues on which there is almost complete agreement in the polarised political system of the United States.

In the context of this polarisation, which has turned many foreign policy topics into instruments of domestic political struggle, any positive step towards Russia becomes a pretext for accusations of treason, and anyone who takes this step pays a high price. This limitation has been observed since the time of Barack Obama, but since then, its scale has increased many times over.

Since the adoption of the Countering America’s Adversaries Through Sanctions Act (CAATSA) in 2017, no administration has been able to significantly reduce the scale of anti-Russia sanctions.

In addition, NATO will try to maintain the Russian-American confrontation; the anti-Russian focus has sharply increased since the failure in Afghanistan. Finally, in the wake of the Afghanistan fiasco, the United States simply cannot afford to diminish support for countries directly involved in the conflict with Russia, such as Ukraine and Georgia. In order to reduce reparation damage and convince allies and partners of the reliability of American commitments, the Biden administration must show in every possible way that, although it is ready to turn away from “unnecessary” satellites, by no means will it abandon those that play an important role in the fight against global adversaries. The visits of US Secretary of Defense Lloyd Austin to Georgia and Ukraine in October 2021 confirmed this very task.

The lack of any desire to improve relations with Russia is primarily due to the perception of Russia as a weakening power, which, in the opinion of the US, will in the foreseeable future be forced to seek cooperation with the West from the position of a vassal due to either a large-scale internal crisis or a geopolitical clash with China as a result of the growing asymmetry between Russia and the PRC (something the majority in the American mainstream stubbornly believe in).

As a result, the Biden administration’s policy towards Russia is essentially to wait and see as Russia returns to the western orbit while continuing the confrontation, but minimising the damage associated with this confrontation, that is, preventing it from creating an immediate threat to American security.

Thus, given the impossibility and unwillingness of the United States to reduce the intensity of the confrontation with Russia, let alone to overcome it, it is quite possible to conclude that the global confrontation with China and Russia has indeed become, and will remain in the near future, a new core and organising principle of US foreign policy. It will serve as the basis for the development of their national interests, determining the scale of their presence and the nature of their obligations in different regions of the world. One reservation: containing China and consolidating allies and partners against it will remain a higher priority than containing Russia.

In practical terms, this means that the United States will strive to increase its presence, range of partners and military-political commitments in Asia and strengthen relations with those countries it considers important in containing China (the creation of AUKUS and Biden’s statement that Washington will provide military assistance to Taiwan in the event of a military invasion by the PRC is a direct confirmation). It also intends to maintain its presence in Europe and support for Ukraine and Georgia as countries playing a central role in the geopolitical struggle with Russia at the current level. Additionally, it will seek to weaken the US presence and commitments in countries and regions that Washington does not consider central or important to the fight against China and Russia.

The latter include, for example, the Middle East. Washington does not see this region as an arena for fighting global opponents and therefore can afford to reduce its military presence and political role there. The US was guided by the same logic toward Afghanistan: they knew that the “vacuum” left there by their departure would not be filled by either Beijing or Moscow.

So, for Russian-American relations, the new paradigm of US foreign policy creates the preconditions for the formation of a model resembling a controlled or stable confrontation, when the parties are not interested in further escalation or in overcoming it through their own concessions.

From our partner RIAC

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Biodiversity vs. economy: The dilemma of Ecuadorian politics

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Mega Diversity is the term used to refer to those countries that have a majority of diverse species, especially the endemic species (species unique to the region). There are 17 countries listed as Mega Diversity countries by Conservation International, Ecuador falls 6th on this list. The massive biodiversity of the region is due to the fact that the country has four different natural geographical zones- coast, mountain range, the Amazon and the Galapagos Islands. Three of the world’s ten biodiversity hot areas are found in the country, as well as red-listed animals, birds, and reptiles. Ecuador is home to around 8% of the world’s amphibian species, 5% of reptile species, 8% of mammalian species, and 16% of bird species. To put this broadly, Ecuador is home to more species than the United States and Canada, although the country is only 0.2% of the world’s land area. Ecuador is the first country to write ‘right of nature’ (Pachamama) in its 2008 constitution, but inspite of this, the mega diversity status of Ecuador is under threat caused by resource extraction and deforestation. The high levels of deforestation are so alarming in the country that it is a constant threat to the conservation of certain species and plants that are intrinsic to a specific region. The fading forest cover has resulted in countless species at the risk of extinction and indigenous people being forced to displace. Further, the mining activities have contributed to increased pollution of natural water sources, contaminating them and thereby negatively affecting aquatic life, a notable incident being the 90’s Chevron-Texaco crude oil spill in the Lago Agrio region.

Threats to Ecuador’s Mega Diversity – the Case of Yasuni National Park

Despite being a hotspot of biodiversity in flora and fauna, Ecuador ranks second among Latin American countries in terms of deforestation, with 42 percent of the land covered in forest. The high levels of deforestation in Ecuador are caused by high levels of resource extraction mainly in the form of mining and oil extraction. Ecuador has been a major oil exporter since 1967 after the discovery of great oil wealth beneath the Ecuadorian Amazon region. However, without the knowledge or agreement of the public, the government has awarded mining concessions to roughly 1.7 million hectares of forest reserves and indigenous territory. The country is so dependant on oil extraction as the backbone of its economy that the government has to frequently oversee their commitment to preserving biodiversity and indigenous rights. In 2016 oil extractions began in Yasuní National Park, a UNESCO recognised Biosphere Reserve, shocking the international community.

Yasuní National Park is home to endangered white-bellied spider monkey (Ateles belzebuth) and giant otter (Pteronura brasiliensis), and the near-threatened golden-mantled tamarind monkey (Saguinus tripartitus); along with a plethora of other unique flora and fauna. Moreover, the park is home to three indigenous tribes, the Huaorani, Tagaeri, and Taromenane. However, with the oil extractions, both the biodiversity and the lands of indigenous population are under great threat. The Galapagos National Park and the Marine Reserve of Ecuador, UNESCO World Heritage Sites, are also in danger.

When the government faced a $3 billion debt crisis in 2009, then President Rafeal Correa had to reach an agreement with China on ‘oil for cash.’ Oil prices were surging at the time when the agreement was signed, but the commodities bubble was short-lived. Ecuador would have to come up with a lot more oil to repay its loans as a result of this. They didn’t have a choice but to begin extracting in the oil-rich Yasuni National Park. Rafael highlighted Ecuador would leave the oil on the ground and safeguard indigenous rights if the international community agreed to compensate the country for lost revenue. After the international community failed to offer funds to help Ecuador get out of debt, Correa’s government had no choice but to approve permission for oil exploration. As a result of extractive interest, the park’s oil-rich zone within the ITT (Ishpingo-Tambococha-Tiputini) project is also at risk.

Biodiversity and developing countries in the neoliberal world order

The country’s dependence on oil extraction and export has led to negative development rather than positive development in the country in terms of poverty alleviation, job creation, a stable economy or a stable government. The Ecuadorian example confirms Jeffrey’s Sachs findings of a negative association between oil exports and economic growth and the association of oil dependence with fragile economies, corrupt government and the frequent interference of foreign countries on their foreign policies to extract mineral wealth. This situation is not exclusive to Ecuador but is happening in almost all developing economies where the government is pressured to give contracts to transnational corporations for mining and oil extraction. All 17 mega diversity countries of the world are developing countries that struggle to run under political and economic instability; making things difficult to make strategic action plans to conserve all that is left of biodiversity and forest cover in the world. A developing country like Ecuador being economically disadvantaged is struggling to take the huge responsibility of biodiversity and indigenous lives. These countries often fall victims to transnational corporations, businesses and foreign governments who are more concerned about extracting the oil than protecting biodiversity. As Noam Chomsky famously quotes in his Profit over People “Fascism is Capitalism with gloves off” and “Neo-Liberalism is Capitalism with the gloves off”. They systematically rationalize cooperate domination of the society by making it sound as if fair and democratic allocation of goods and services only through free market policies, but at the macro level it threatens “social welfare” in the developing countries. Neoliberalism doesn’t always act as an economic system; it also exerts its domination as a prominent cultural and social force, by favoring elite interest for profit.

Oil extraction increased to pay off debts, on the other hand, the last of the world’s major biodiversity hot spots in Ecuador is under threat of getting decimated by oil extraction activities. The livelihood and habitat of indigenous people in the forest are also getting affected due to increased deforestation and pollution. The future of Ecuador’s Mega diversity and indigenous life is a great question as the country is struggling with an unstable economy and with governmental support to large scale extraction. Different agents of neoliberalism are also at play to the disadvantage of a developing country like Ecuador often in the form of large transnational oil corporations and through foreign interference in domestic politics. The current problem that Ecuador faces in sustaining its Mega diversity status can only come by means of economic diversification. Instead of viewing biodiversity conservation as the responsibility of domestic Ecuadorian affairs, the international community and those countries involved in mining projects should take responsibility by promoting sustainable investment. Ecuador can only reverse the negative consequences that are intensifying through strong regional and international partnerships, along with continual monitoring of the condition of biodiversity and indigenous life by environmental and human rights organizations.

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