Connect with us

International Law

South China Sea Dispute: In Light of International Law of the Seas

Published

on

The South China Sea (SCS) is one of the most disputed sea in the world, with contested maritime claims by Philippines, Indonesia, Vietnam, Malaysia, Taiwan and China. The geographical location of South China Sea with its proximity with the Strait of Malacca in the West and Pacific Ocean in the East makes it an area of interest as an important water way not only for the regional states but also the hegemonic western states and United States in particular. Over the years China has invested heavily militarily in the region and has also changed the geo-graphical topography of the region to further its claims. While the western powers and United States with the help of international regimes such as United Nations Convention on the Law of the Seas 1982 (UNCLOS) and with the help of regional alliances is trying to counter the claims of China on the South China Sea. The SCS dispute depicts an important case study for the students of International Law and this study is aimed to analyze the legalities of the issue in the light of Laws of the Seas as constituted under UNCLOS.

Historical Background

The claims to the territory of SCS dates back to the Han Dynasty (206 BC-220 CE) Ming Dynasty (1403-1644) during which the water ways under consideration were regulated under the tributary system of the Chinese Empire. Historically China in order to increase its influence over the region and to avoid protracted border skirmishes devised the tributary system according to which the vassal states in the region were given autonomy to carryout trade and transit in the region, while, in return giving tribute to the Chinese emperor, acknowledging China’s dominance, in return China offered gifts and protection to the vassal states. These regulations were in contradictory with the freedom of Navigation and concept of trade by Western states when they entered into the region in search of trade routes by the early 16th Century. During this time period China’s South Sea Region trade was with Funan (present day Cambodia, Thailand and Vietnam) dating back to 502-587 CE and further trade and shipping with Malaya City states dating back to 13th Century. The tributary system saw its demise when China suffered humiliating defeat during the Opium Wars of (1839-42 and 1856-60). The tributary systems was replaced with treaties which resulted from the defeat during the Opium Wars.[1]

Figure 1. Territorial Claims in South China Sea

The historical claims drawn by the PRC over the control of SCS territory is based on nine-dash line which refers to the number of lines drawn in the original map to mark the boundaries of China’s maritime claim. These lines were drawn by geographer Yang Huarien in 1949, for the then Nationalist government of China. The geographer Yang’s map consisted of 11-dashes that were vaguely drawn in the SCS region to claim the contested regions of Paracel Islands, Spratly Islands, Macclesfield Bank, Pratas Islands and Scarborough Shoal. The two-dashes were removed on the behest of Mao Zedong when he ceded the Gulf of Tonkin to Vietnam in 1952, thus, reducing the total line to nine.[2]

Figure 2. Historical Map Showing 11 Dash Line Claim

Law of the Seas

Law of the Seas is defined as “constitution for the oceans” is a set of legal framework aimed to codify the international rules and laws regarding to the sovereignty of internal waters, territorial waters, sea lanes and ocean resources. The Law of the Seas is codified in the United Nations Convention on Law of the Seas (UNCLOS) in 1982 and came into force in 1994 after being ratified by more than 150 states.

The UNCLOS of 1982 was originally codified from the United Nations Conference on the Law of the Sea (UNCLOS I) in 1958 at Geneva. This conference drew upon four conventions relating to the Convention on Territorial Sea and Contagious Zone, Fishing and High Seas Conservation resources and Continental Shelf.[3] These rules regulate the rights of exploiting resources from the region, economic and navigational freedom and right of innocent passage within he maritime domain of an independent and sovereign coastal state. The UNCLOS defines the maritime territorial boundaries of a sovereign coastal state into following categories: 1) Territorial Sea 2) Contiguous Zone 3) Exclusive Economic Zone. 4) High Seas.

1. Territorial Sea

The UNCLOS defines the limit and extent of territorial boundaries for every sovereign coastal state under which it can exploit the fishery and natural resources. The territorial waters extend to 12 nautical miles or approximately 22 km which are represented by baselines drawn beyond the coast or low water line, within this no foreign vessel can pass through and neither a plane can fly-by through the airspace above this area. The rules for establishing the baseline for the territorial seas of a coastal state are inscribed in Articles 5-11,13 and 14 of UNCLOS 1982 and also derives its legitimacy from Article 3 of Convention on Territorial Sea and Contiguous Zones of 1958. Moreover, the breadth of the territorial sea from the base line is limited up-to 24 nautical miles.[4]

2. Contiguous Zone

The contiguous zones under the UNCLOS is the region adjacent to the territorial sea of a state in the open seas. The Article 33(1) and (2) of UNCLOS 1982 which are similar to the Article 24 (1) of Convention on Territorial Seas and Contiguous Zones of 1958, defines the legitimacy of the contiguous zones. Under this law the  contiguous zone may not exceed or extend beyond the 24 nautical miles from the low water line or the baselines from where the width of the territorial seas is measured. Contiguous Zones which can be governed by the sovereign coastal state only for exercising the taxation, customs and immigration laws.[5]

3. Exclusive Economic Zones

The Exclusive Economic Zones (EEZ) which extends to 200 nautical miles or 370 km from the shore line of a state are defined by the Article 56(1) of the UNCLOS of 1982.[6]Within the EEZ a state has exploitative rights to all natural resources and fisheries in the sea, seabed and subsoil areas. A state can regulate but it should maintain the freedom of maritime navigation and over-flight in the region. A sovereign coastal state has right to construct artificial islands and installations within its EEZ for economic purposes. The Articles 62, 69-71 of 1982 Convention further explains that if a state is incapable of exploiting the resources within its EEZ can make arrangements for sharing the region with foreign states by requiring payment from them. 

4. The High Seas

The term high seas signify all the parts of the sea which are not included in the territorial seas and contiguous zones of the states. According to the Article 2 of the 1958 Geneva Convention on the High Seas that states have freedom to exercise freedom of navigation, trade, fishing, laying submarine cables, pipelines and fly by the high seas freely. The land locked states have right to move freely in the high seas using their flags on the vessels. These rules were repeated in the Article 92 of 1982 UNCLOS.[7]

South China Sea Dispute

The South Chins Sea (SCS) dispute is a maritime claims dispute among various states including China, Taiwan, Philippines, Indonesia, Malaysia, Vietnam and Brunei. The states dispute over the claims of territorial control, freedom of navigation, fisheries, shipping lines and exploitation of natural resources of oil and gas in the South China Sea region. The disputed territories include various feature in the SCS such as Spratly Islands, Paracel Islands, Mischief Reefs, Johnson, Hughes, Fiery Cross, Cuarteron, Gaven (North) and Subi Reefs, Scarborough Shoals,  among various continental shelfs and banks.

China over the years has been exercising its influence in the region covered in the nine-dash line and building military bases and structures on the artificial islands in the Spratly and Paracel Islands. Thus, maintain an Area Access Area Denial (A2/AD) strategy, hampering freedom of navigation of western and especially American naval assets and hegemonic interests in the region. China has maintained a physical presence and claim in the region since late 1950’s. China has carried out various oil exploration and drilling expeditions off the coast of Vietnam near disputed Paracel Islands in SCS which led to a stand-off.[8]

Permanent Court of Arbitration; A  Case Study of Philippines vs China 

On 22 January 2013, Philippines registered arbitral proceeding against China  in the Permanent Court of Arbitration in Hague under the Annex VII of the UNCLOS 1982. According to the statement Philippines pleaded that China has violated its sovereign right of freedom of navigation and jeopardizing its access to maritime entitlements in the South China Sea by extending its territorial claim in the SCS region, creating artificial islands and maintaining excessive presence of surveillance vessels, naval assets and fishing boats in the region.

The Permanent Court of Arbitration in Hague over a period of four procedural hearing orders on July 12, 2016 issued the final award to the case. According to the award China had no legal basis for claiming the historic rights to maritime boundaries and resources in the areas falling in the Nine-Dash line. The UNCLOS does not recognize the group of continental shoals, reefs in the Spratly Islands collectively to generate maritime zones. The PCA further ruled that China violated the obligations of maritime safety under the Article 94 of UNCLOS. The arbitral tribunal also gave verdict that the Thomas Shoal and Mischief Reef and its adjacent continental maritime features are well within the 200 nautical miles range on Philippines and formulates its EEZ.

The tribunal stated that the Chinese claim originating from various Reefs in the Spratly Islands hold no legitimacy as some reefs such as Mischief and Subi Reefs, Second Thomas Shoal are low tied elevations and have no entitlement of maritime zones. While various shoals such as Scarborough Shoal, Johnson Reef and Fiery Rock although under Article 121(1) of UNCLOS are high-tide areas of land surrounded by water. But they are categorized as rocks which are uninhabitable and do not generate any maritime zone claim under the Article 121(3) of UNCLOS of 1982. The PAC also ruled that China was unable to protect and preserve the maritime environment in the region and its naval and commercial activities in the region have violated the International Regulations for the Prevention of Collisions at Sea.[9] The tribunal further said in its award that China has violated the Articles 123, 192, 194(1), 194(5), 197 and 206 of UNCLOS by building artificial islands on the Cuarteron, Fiery Cross and Johnson, Hughes, Subi, Mischief, Gaven Reefs. Thus, the tribunal gave the verdict in the favor of the Philippines, which China refused to accept and released a White Paper stating that China would solve the issues bilaterally and pressed on its historical claims on the SCS region.[10]

China-Vietnam Oil Rig Standoff

China’s emerging economy and growing industrial infrastructure is dependent readily upon the oil and gas energy resources. As China lacks abundant natural oil and gas resources in its mainland and is dependent upon Middle Eastern, Gulf and African states to sustain its energy needs. The energy security of China has also increased as bulk of its energy resources transit through the congested straight of Malacca and disputed South China Sea. On May 1st, 2014, China’s state owned China National Offshore Oil Cooperation (CNOOC) oil-rig Haiyang Shiyou 981 (HYSY 981) along with three other oil and gas service ships were detected by Vietnam in the disputed SCS region claimed by Vietnam. The oilrig was deployed 120 nautical miles from Ly Son Island in the East of Vietnam and 180 nautical miles South of China’s Hainan province. Due to disputed territorial claims the rig feel in between the hypothetical boundaries of both China and Vietnam.[11] China claimed that the rig was deployed to conduct exploratory drilling and survey of the region and straddled upon hydrocarbon rocks in the region up till 15th August of that year. China further established a parameter of 1 nautical mile and prohibited any naval vessel movement in the area. Vietnam in order to intercept and disrupt the oil rig from establishing a fixed position dispatched six of its coast guard and surveillance vessels. China in order to protect its oil expedition vessels deployed forty naval, coast guard and civilian fishing ships.

Over the coming days the standoff between both states tensed with increase in deployment of naval ships. The incidents of ramming increased as China deployed over 130 naval vessels and aircrafts. While, people started riots across Vietnam and took to streets, various cases of vandalism were reported against Chinese businesses and six Chinese citizens were killed during the riots. China increased its military presence across the border regions also near the Yunnan and Guangxi provinces. After a high-level delegation from Chinese side visited Hanoi on June 18 and the oil rig moved to the North-Eastern region of Triton Island after the official claims of completion of its exploration. On July 15, CNOOC announced that its has withdrawn its oil rig as its endeavor has been completed a month ahead of the scheduled time period.

The stand-off between the two states showcased the limit to which China could take risks to establish its influence and demonstrate its hegemony over the SCS region. Although, Chinese leadership may have not apprehended the Vietnam’s resolve and accepting risks for a sustained period of time.

China-Malaysia Standoff

The most recent incident among the series of confrontation and disputes emerged when China and Malaysia standoff initiated in mid-April 2020 and lasted for a month till May 15, 2020. These latest turn of events started when Chinese survey vessel Dizhi-8 along with escort of Chinese coast guard ships drifted closer to a Malaysian drillship West Capella which was contracted by state owned Petronas oil firm in EEZ claimed by China, Malaysia and Vietnam in SCS. This standoff is also significant as during the unfolding of events US and China both maintained a constant military presence near the disputed area. US had deployed its guided missile cruiser, USS Bunker Hill and an amphibious assault vessel USS America in the region. US further displayed an excessive use of force as USAF B-52, B-1B Lancers conducted sorties along with EP-3E, P-3C Orion, P8-A Poseidon, RC-135W Rivet joint  reconnaissance planes not only over the SCS region but also over Taiwan Strait and East China Sea.[12] These events intensified and heated the already tensed region as both sides frowned at each other and remain locked eyeball to eyeball with each other for over a month. US maintained its claims of Freedom of Navigation (FoN) while challenging China’s assertiveness in the SCS, meanwhile, China during the unfolding of these events restrained itself from any engagement and withdraw from the region on May 15, 2020.[13] While, China afterwards in show of force initiated a month long naval exercises in July 2020 where it also deployed its indigenous Shandong Type 002 aircraft carrier.[14] Following which US carried out its largest naval drills comprising of three strike groups comprising of USS Nimitz, USS Ronal Regan and USS Theodore Roosevelt participated accompanied by cruiser, guided missile-destroyers in a show of force sending a strong message to Beijing.[15] Thus, the most recent strategic movements come at a time when the major powers were engaged in a volley of tariff war, uncertain health and economic system amid the Covid-19 pandemic. The issuance of flexing military muscles and assertion of dominance while defying international norms by China and reassertion of the status quo by the US has become a norm in the region, posing threat to international system.

China’s Approach of Expansion and Cooperation

Over the years China has gained sufficient economic power and has now been exercising its national interests using soft power. The Asia Pacific states which have been used by the West and mainly US to contain China in the region and various Quadrilateral alliances such as between US, India, Japan, Australia which emphasize upon naval and maritime cooperation and increase in freedom of navigation missions in the SCS to counter the Chinese claims. Similarly, renaming of Pacific Command of US Navy to Indo-Pacific Command also signifies the American aims and interests in the region towards countering the Chinese naval expansion in the region. The region has witnessed various aggressive maneuvers at sea and in the air between the military assets of both China and the US in the SCS. US with its immense naval resources, increasing in frigates, destroyers, anti-submarine warfare assets, and nuclear submarines in the region, has been facing challenges to its hegemony and freedom of navigation missions in the South China Sea in the face of increasing Chinese naval presence. China has been to strengthen its control over the SCS has created artificial islands by dredging and landfills and established military bases over them.[16]

For furthering its interests in the SCS region China has been engaging into economic cooperation with the SCS states. It has proposed to carry out joint initiatives for oil and natural resources exploration with Vietnam, Philippines and Brunei. China has been working on the framework of developing Code of Conduct for SCS through the framework of Association of South East Asian Nations (ASEAN) to overcome the territorial disputes. China’s policy of economic cooperation is shifting the geo-political dimensions in the South China Sea region which is a blow to the Western policy and hegemony. China’s continual defiance towards the international laws and regulations are also evident to the increasing Chinese power and weakening of the international regimes which are losing power to enforce their authority.[17]China is shaping the international law to its own liking and has been strategically investing into research and scholarly works to prioritize its national interests. US has to organize and gather regional and international support if it wants to force China to abide by the international law.[18]

Conclusion

The contemporary world order is defined by the western international regimes that govern and regulate the behavior of the states. International Law is defined to establish a recognized obligation framework under which states are compelled to operate. Evidently the norms and premise of the international law are being weakened and challenged as the emerging powers such as China has been playing around the international law. The revocation of UNCLOS in SCS by China in recent history is an evident example of this changing behavior and deterioration of the international norms. China has over the years attained significant economic muscles and to further its economic viability it is dependent upon the free transit of its oil and trade vessels through the South China Sea region until its Belt and Road Initiative is not matured. To counter the challenges it face in the South China Sea and beyond with increasing presence of US naval assets and alliances in the region China has to take resolute steps to maintain its territorial presence in the South China Sea and beyond. China has successfully sustained the pressures from international regimes and laws thus signifying the weakness and changing of the world order. The legitimacy of the international regimes has been challenged by the Chinese defiance and the US is gaining on and investing in establishing alliance in the region to counter and contain the Chinese influence. The US can resort to coercive actions as a last resort to maintain its weakening hegemonic stature, while, China is trying to avoid any direct conflict but at the same time is manipulating the International regimes in its favor by enhancing economic cooperation.


[1]Daniel Wei Boon Chua, “China’s History and the South China Sea,” Asia Dialogue, March 6, 2017, https://theasiadialogue.com/2017/03/06/chinas-history-and-the-south-china-sea/, (Accessed on May 11, 2019).

[2]Ben Black, “The South China Sea Disputes: A Clash of International Law and Historical Claims,” Penn StateJournal of Law and International Affairs, March 22, 2018, https://sites.psu.edu/jlia/the-south-china-sea-disputes-a-clash-of-international-law-and-historical-claims/, (Accessed on May 11, 2019).

[3] Peter Malanczuk, Akehurst’s Modern Introduction to International Law (New York; Routledge, 1997) p. 173

[4] Ibid, 182-183.

[5] Ibid, 184.

[6]Robin R. Churchill, “Law of the Sea International Law (1982),” Britannica, December 8, 2006, https://www.britannica.com/topic/Law-of-the-Sea#accordion-article-history, (Accessed on May 11, 2019).

[7] Malanczuk, 185-186.

[8]Michael Green, Kathleen Hicks, Zack Cooper, John Schaus And Jake Douglas, “Counter-Coercion Series: China-Vietnam Oil Rig Standoff,” Asia Maritime Transparency Initiative, June 12, 2017. https://amti.csis.org/counter-co-oil-rig-standoff/, (Accessed on May 11, 2019).

[9]The South China Sea Arbitration (The Republic of Philippines v. The Peoples Republic of China), Permanent Court of Arbitration, https://pca-cpa.org/en/cases/7/, (Accessed on May 11, 2019).

[10]PTI, “China releases white paper, reasserts claim over South China Sea,” Economic Times, July 13, 2016, https://economictimes.indiatimes.com/news/defence/china-releases-white-paper-reasserts-claim-over-south-china-sea/articleshow/53187848.cms, (Accessed on May 11, 2019).

[11]Green, Hicks, Cooper, Schaus, Douglas, Jun, “Counter-Coercion Series: China-Vietnam Oil Rig Standoff,”  (Accessed on May 11, 2019).

[12] “Two US warships in South China Sea amid China-Malaysia standoff,” Aljazeera, April 21, 2020, https://www.aljazeera.com/news/2020/04/warships-south-china-sea-china-malaysia-standoff-200421055333993.html

[13] Rozanna Latiff, “Chinese ship leaves Malaysian waters after month-long South China Sea standoff,” Reuters, May 15, 2020,  https://www.reuters.com/article/us-china-security-malaysia/chinese-ship-leaves-malaysian-waters-after-month-long-south-china-sea-standoff-idUSKBN22R1SN

[14] “China to hold military drills in South China Sea,” BBC News, July 4, 2020, https://www.bbc.com/news/world-asia-36700583

[15] “US Sends Stern Message To China; Deploys 3 Aircraft Carriers In South China Sea,” Eurasian Times, June 13, 2020,  https://eurasiantimes.com/us-sends-stern-message-to-china-deploys-3-aircraft-carriers-in-south-china-sea/

[16]Black, “The South China Sea Disputes: A Clash of International Law and Historical Claims,” (Accessed on May 11, 2019).

[17]Mercy A. Kuo, “The Geopolitics of Oil and Gas in the South China Sea,” The Diplomat, https://thediplomat.com/2018/12/the-geopolitics-of-oil-and-gas-in-the-south-china-sea/, (Accessed on May 11, 2019).

[18]Lynn Kuok, “Countering China’s Actions in the South China Sea,” August 1st, 2018, https://www.lawfareblog.com/countering-chinas-actions-south-china-sea, (Accessed on May 11, 2019).

Continue Reading
Comments

International Law

Human Rights and Democracy have been causalities of the COVID 19 Pandemic

Published

on

“Today, we face our own 1945 moment,” the United Nations Secretary General, António Guterres, said as he opened the UN’s 75th General Assembly in September last year.

The General Assembly was taking place as the COVID 19pandemic, which began as a global health crisis had developed into an economic and social crisis. Now it is also fuelling a crisis for democracy and human rights.   The scenes in Washington D.C in early January providing the perfect background tapestry to exemplify the shaky ground democracy now sits on.

The Secretary General’s speech in particular highlighted one important fact. A major crisis of any kind reveals existing fault lines and often acerbates them. This is true of the COVID 19 pandemic.  The current pandemic is exposing inequalities in societies (we are all in the same storm but not in the same boat); discrimination and xenophobia; and regressions in democracy and human rights.

Currently there is considerable discourse on how the pandemic is negatively impacting on democracy and human rights. Based on the experience of previous crisis these concerns are wholly valid.

The most frequent form of global crises are financial ones (see analysis). Politics usually takes a right turn following financial crises. For example the gains of extreme right-wing parties were particularly pronounced  in a number of countries after the global crises of the 1920s/1930s and after 2008.  Governing too tends to become more difficult after financial crises. Government majorities shrink and parliaments fragment. People take to the streets too. The average number of anti-government demonstrations almost triples, violent riots double and general strikes increase by at least one third.

These crises present clear political opportunity. Vladimir Putin came to power in the 1990s as reformer following the financial crisis in Russia in the 1990s. Recep Erdogan followed a similar trajectory to power in Turkey.

In many cases, these trends tend to taper out as some kind of stability emerges. But not always and a crisis be it health, financial or political have always presented opportunity for malign intentions. Hitler came to power (democratically) by appealing to the middle ground. In 1933 the poorest people in Germany voted for his opponents, the Communist Party and the moderate left-wing Social Democrats. Most of the rest – lower-middle classes, the bourgeoisie, the unorganized workers, the rural masses, and the older traditionalists switched their votes from the mainstream centrist and right-wing parties- backed him.

Hard economic times usually mean hard times for democracy, particularly when it is new and fragile. According to an analysis by Adam Przeworski who charted Democracies between 1950 to 1990, when democracies face a decline in income, they are three times more likely to disappear than when they experience economic growth. While the chance that a democracy will wither is 1 in 135 when incomes grow during any three or more consecutive years. The message is clear. Recessions are bad for democracy.  The economic disorder of the late 1920s and 1930s saw the end for a number of democracies in Europe and Latin America.

We are in that moment now with current threats against the four main pillars of democracy – holding free and fair elections, upholding the rule of law, recognizing the idea of legitimate opposition and protecting the integrity of rights.

global survey (Freedom House) of experts and activists on democracy and human rights, found by more than a fourfold margin they agreed that “overall, the coronavirus outbreak has been a setback for democracy and human rights in my main country of focus.” Some 64 per cent agreed that this negative impact would persist over the next three to five years, suggesting the setback for democracy may well outlast the health crisis.

There is much evidence to support this.

The pandemic is leading to a rapid expansion of executive power around the world. Countries from Hungary, the Philippines to Cambodia have all enacted legislation to deepen emergency powers. Hungary’s “Draft Law on Protecting Against Coronavirus” gives vast powers and although the act had a 90-day sunset clause, the government has already used the powers to make it illegal for transgender individuals to alter their birth records, hardly a public health priority.

Freedom of expression similarly has been restricted in many countries ostensibly to limit disinformation but often with nefarious intent. The Chinese government has censored information about its response and detained journalists who reported on the outbreak. In Thailand, citizens and journalists who criticize the government’s handling of the crisis face imprisonment. In Jordan, the Prime Minister now has the authority to suspend freedom of expression. Health concerns rightly have limited the number of public gatherings but suspicions abound of governments using legislation to limit or squash the right to demonstrate.

The crisis is also accelerating governments’ use of new surveillance technologies. China’s effective response to Covid-19 has increased global demand for its digital public health tools. These tools have been very effective as a public health mechanism but they provide governments with extraordinary abilities to track and monitor citizens. This technology poses a particular risk to fragile democracies and countries in the developing world, where independent institutions are weak.

One thing that fuels anti-democratic forces is the narrative that ‘autocracies’’ do better than democracies. This does not stand up to any rigorous examination. According to “10 rules  of successful Nations” by Ruchir Sharma democracies dominate the list of countries with the steadiest growth. Together, Sweden, France, Belgium and Norway have posted only one year of growth faster that 7% since 1950. However, over that time all four have seen average incomes increase five to six fold.  This is the stabilizing effect of democracy. Every large economy that has seen average income approaching $10,000 is a democracy. China with an average income approaching that number is trying to become a large rich autocracy. It would be the first.

Democracies generally remain the world’s wealthiest societies and the most open to new ideas and opportunities. When people around the world are asked about their preferred political conditions, the principles that underpin democratic societies emerge strongly.

Former UN Secretary General Kofi Annan speaking in Greece in 2017 noted that Liberal democracy almost died in the 1930s, but liberal democracies eventually defeated Nazism, Fascism and Democracy. It is,he argued, arguably the most successful political system the world has ever seen.

However, a critical appendage to democracy is economic development coupled with social justice. What has consistently plagued the failed and failing democracies over the past decades has been bad governance. One thing that can help are independent institutions such as independent trade unions, organizations representing of business, civil-society organizations, institutions to support a free press, mechanisms to support human and political rights. These are critical countervailing forces, who can speak truth to power.

“Social partnership” the structured dialogue between trade unions and business and employers organizations has shown in 2020 just how invaluable a tool it is. It is doubtful that many of the momentous decisions would have been made without it, certainly not as swiftly or without rancour.  The ability of representative organizations to mobilize the views of the real economy and put together proposals and solutions in hours and days should not be underestimated. It has been a critical tool in this crisis.   The efforts of social partners have provided social ballast to societies, rocked by the voracity and suddenness of the virus.  In all of the chaos, it was reassuring see key parts of society pulling as one.

Independent institutions from civil society, trade unions along with business groups can be critical gatekeepers in protecting democracy. There are many examples, such as the Tunisian ‘quartet’, which received the Nobel peace prize in 2015.

Promoting and protecting these institutions along with the appending rights that underwrite them, such as freedom of association, expression and assembly will increasingly need to be at the forefront of the work of development organizations and the wider UN system in the immediate years to come.

Continue Reading

International Law

Aristotle and Alexander: Two Perspectives on Globalization

Published

on

Even the Mayor in Gogol’s Inspector General, not being the sharpest tool in the shed, acknowledged that Alexander the Great was a hero, although he cautioned against proving this statement by destroying government property. Indeed, Alexander the Great was the first to attempt the heroic feat of uniting the entire ecumene known to Europeans in BC 334–323. Certainly, history knew great conquerors before Alexander, people who established vast empires, but Alexander laid down, if we may say so, both the material and the ideological and political foundations of a globalization project in classical antiquity. Alexander emerged as a thoroughly cosmopolitan ruler on a global scale.

It is a well-known fact that Alexander was tutored and mentored by Aristotle, the greatest philosopher of classical antiquity, who had a very important influence on shaping the personality of the future Macedonian king and inspired him to achieve great things. According to Plutarch, Alexander said he owed his father his life, and he owed Aristotle the dignity of his life. It is a lesser-known fact that the perspectives of the two visionaries on the specific paths for uniting humanity were not identical, and in the course of time, they began to diverge more and more. The direct and indirect polemics of Alexander and Aristotle did not cease with the death of the Great King. In some manner or other, it continued later as it engaged new participants, and it remains relevant even now. Today, as we are witnessing a clearly emerging crisis of globalization, and as particularist and traditionalist sentiments are gaining traction throughout the world, it would be useful to review this polemic once again.

A Breakthrough in Greek Thought

For a long time, Greek city-states viewed the idea of the political unification of Hellas as heretical, infeasible and generally absurd. The jealously guarded independence of individual city-states and their mutual cutthroat competition were seen as inherent traits of Greek civilization, the key source of its vitality and evidence of its superiority over adjacent barbaric states. Like the Italian cities of the Renaissance, Greek city-states rivalled each other in terms of the wealth of their citizens, the wisdom of their rulers, and the achievements of their architects, sculptors, orators, philosophers, poets, and playwrights.

Forward winds carried Greek ships like the spores of some fantastic plant along the entire coast of the Mediterranean and the Black Sea. These spores produced amazing sprouts: new colonies that easily adapted to any local conditions, successfully cooperated with native tribes, and enriched the common Greek culture. No one saw any point in supplementing this undisputed cultural unity with a political union.

The situation began to change following the Greco-Persian Wars of BC 500–449. On the one hand, these wars led to an unprecedented rise in pan-Greek patriotism. On the other hand, they clearly demonstrated the imperfections of the structure of the Greek world comprised of city-states. Soon after its triumphant victories over Darius the Great and Xerxes, Hellas entered a protracted period of political and military confrontation between Athens and Sparta, fuelled up by generous infusions of Persian gold. The aging and weakening Persia did not want to risk a new invasion, but it artfully pitted Greek cities against each other, supporting the weak and threatening the strong, encouraging conflict and upsetting unions. This inglorious era concluded with the destructive Peloponnesian War (BC 431–404) that forever undermined the power of Athens.

Hence the growing popularity of pan-Hellenistic ideas, that is, ideas of city-states entering political and military unions, prohibiting wars between them, coordinating their foreign and trade policies. The famous Attic rhetorician Isocrates in his famous Panegyricus proposed the most general outline of the pan-Hellenism concept, but Aristotle gave it his trademark completeness and depth.

Pan-Hellenism certainly did not proclaim the task of building a Hellenistic empire based on the Persian model. The very thought of conquering vast lands that was typical of Persian kings or Roman consuls was alien to the worldview of citizens of city-states. By choosing as their model the barbaric Persia that they had repeatedly defeated, the Greeks would have betrayed the very essence of Hellenism. Most likely, they were pondering the creation of what would effectively amount to a classical-era analogue of the European Union based on the pluralism of values and political ideas of its participants, the partial transfer of “city-state” sovereignty to collegiate governance bodies, the voluntary self-restriction of the union’s most powerful members, etc. The unity of Hellas should have been cemented by the presence of a common threat and, as we would say today, by the existential challenge of the barbarian East.

Let us also note that the unification of the Greek world, in Aristotle’s opinion, did not presuppose an alignment of governance systems in individual city-states and did not require the uniformity of values (as is the case in the European Union today). The philosopher was not so much concerned with the specific forms of governance in city-states as he was with their quality, and Aristotle saw the main problem in substituting private interests of rulers for public interests. According to Aristotle, any “true” constitution could, under certain circumstances, degenerate into a “deviant” one: a monarchy could become a tyranny, aristocracy could become oligarchy, democracy could degenerate into ochlocracy (the rule of the mob). Credit where it is due—the Greek philosopher had a much broader view of governance than most contemporary western politicians.

 “The War of Revenge” as a National Idea

The wise and calculating King Philip of Macedon made the right choice when selecting a mentor for his son and heir. Aristotle found a diligent and attentive student in the young Prince Alexander. It should be noted that at that time, as an independent state in the north-eastern periphery of Hellas, Macedon was under a powerful Greek cultural influence and actively participated in the pan-Greek political life. After Archelaus moved the capital from the secluded Aigai to the coastal Pella, the Macedonian court was frequented by eminent Greek thinkers. The great Euripides spent his final years there, and in Pella, he wrote and staged his famous The Bacchae. After the famous Battle of Chaeronea (BC 338), where Alexander’s father Philip the Great clearly demonstrated the superiority of the Macedonian phalanx over any other military formation of Greek hoplites, the king decisively established himself as the hegemon of Hellas.

No matter how open-minded he was, Alexander’s teacher remained primarily a staunch Greek nationalist. In his Politics, Aristotle wrote, “Those who live in cold countries, as the north of Europe, are full of courage, but wanting in understanding and the arts: therefore they are very tenacious of their liberty; but, not being politicians, they cannot reduce their neighbours under their power: but the Asiatics, whose understandings are quick, and who are conversant in the arts, are deficient in courage; and therefore are always conquered and the slaves of others: but the Grecians, placed as it were between these two boundaries, so partake of them both as to be at the same time both courageous and sensible; for which reason Greece continues free, and governed in the best manner possible, and capable of commanding the whole world, could they agree upon one system of policy.”

Aristotle could hardly be called a racist in the way we use this word today. He was willing to acknowledge the indisputable achievements of the creative genius of the Egyptians, Persians, and even Scythians. But the idea of the “Greek exceptionalism” was entrenched in his mind as firmly as the idea of “American exceptionalism” is entrenched in the minds of many contemporary conservative U.S. politicians. Having assessed the outstanding gifts of his student, Aristotle insistently called upon Alexander to promote the political unification of Greece so that the country could become the natural centre of the ecumene.

Aristotle believed that Hellas certainly should not abandon its mission civilisatrice, i.e., its consistent efforts to expand the habitat of the Greek culture, the Hellenic language, political paradigms, and the way of life of the Greek nucleus. He also understood that the complete “Hellenization” of barbaric tribes was impossible due to objective obstacles in the way of such Hellenization. Aristotle believed that the natural territory of the “Greek civilization” did not go beyond the coastal Mediterranean and the Black Sea. Going back to our analogy with the European Union, let us note that, unlike the EU’s strategists in the early 21st century, Aristotle clearly saw the risks and dangers of the uncontrollable expansion of the Hellenistic world into adjacent lands.

Aristotle never doubted the superiority of Greek culture and social structure over all the alternatives known to him. Consequently, he was unlikely to come up with the idea of a global synthesis of values and cultures and even more unlikely to be thoroughly captivated by it. Aristotle apparently did not have a particularly high opinion of Herodotus and was not interested in the history of the non-Greek world, which certainly negatively affected his perception of barbarians. We should also add that Aristotle was a staunch defender of individual rights and the monogamous family and an equally staunch opponent of despotism of any kind on the part of the state. Naturally, like most enlightened Greeks, he never dreamed of a “Hellenistic empire,” he only wanted to see a more harmonious alignment of the interests of independent city-states.

Apparently, at the beginning of his “glorious days,” Alexander followed roughly the same line of thinking as Aristotle. We could debate the degree to which the son of Philip, King of Macedon, and Olympias, the Princess of Epirus in the faraway periphery of Hellas, could be thought of as a “true” Greek, but his attachment to Greek culture cannot be denied. He can be said to have soaked up this culture since birth, and he sensed the great unrealized potential of the Greek world, like the Corsican Napoleon Bonaparte, sensed the unrealized potential of France or the Georgian Joseph Dzhugashvili sensed the potential of Russia. Alexander carried a copy of Homer’s Iliad corrected by Aristotle and known as “The Iliad from the chest” on all his military campaigns and kept it under his pillow.

The idea of a “war of revenge” against Persia was primarily a national idea intended to unite the Greek world and lead it forward. Alexander only partially succeeded in the latter respect: the proud Sparta refused to take part in this tremendous undertaking. Many in Athens, including the implacable Demosthenes, secretly hoped for a crushing defeat of the Macedonian upstart, and up until the death of Darius III, tens of thousands of Greek mercenaries fought for Persia. We could suppose that, initially, Alexander’s motives were quite “Greek”: exacting revenge for the protracted Persian expansion, the feeling of the “Hellenic superiority,” the genetic contempt of a free Hellene for eastern barbarians. The latter feeling was probably particularly acute with the Macedonian king, since his political opponents frequently accused him of being of barbarian origins.

However, further down the road, Greek heritage became but one building block of a global empire in Alexander’s vision of a new global world. It was the most valuable and important one, true, but it was not the only one. The King quickly outgrew his own initial plans and his teacher’s paradigms: instead of a consistent Greek nationalist, he became the first cosmopolitan universalist of classical antiquity.

A Student Who Went Beyond His Teacher

Most likely, we will never learn when exactly Alexander began to move away from Aristotle’s orthodox paradigms. When the iron hand of the Macedonian king united the crumbling Greek world, his teacher could only be happy for his student, even as he would chastise him for his excesses and his unreasonable cruelty—especially for razing the rebellious Thebes and selling all its inhabitants into slavery (although formally, the decision to destroy the splendid city was made not by the King of Macedon himself, but by his Boeotian allies). When the “war of revenge” against Darius started, the teacher would also be pleased with his student: on the whole, the great design proceeded according to Aristotle’s plan.

Most likely, the King of Macedon wanted his teacher to join him in his march east. Aristotle, however, preferred to remain in Athens and sent his nephew Callisthenes to accompany Alexander. Callisthenes became the first chronicler of Alexander’s empire. The dramatic fate of this outstanding, although apparently extremely vain and difficult person is the best characteristic of the way Alexander changed as his tremendous enterprise was coming to fruition.

Gradually, the new lord of Asia was drifting away from his teacher’s designs. Apparently, the “point of no return” was passed when, following the first victories at Granicus (BC 334) and at Issus (BC 333), Alexander rejected Darius III’s suggestion that they amicably divide the Persian Empire along the Euphrates with its western part being transferred to Alexander. If the interests of the King of Macedon had been confined to the Mediterranean, he would have done well to accept this generous offer without hesitation. While his father, Philip the Great, posited the immediate goal of taking Asia Minor away from Persians, Alexander was offered Syria, Phoenicia and Egypt to boot. What could be a better conclusion for a “war of revenge”?

Such an end to the war would have been a well-deserved triumph of the King of Macedon. Alexander could have returned to Pella and become the single ruler of the entire Eastern Mediterranean. He could have imposed his terms on the Greek League of Corinth. In this situation, Darius himself would have been Alexander’s junior, rather than senior, partner. Aristotle would have certainly approved of such a resolution. However, for the future lord of the world, confining himself to the Mediterranean would have meant abandoning his historical mission. He blankly refused Darius’s proposal, did not listen to his advisors, and marched further East—towards Persia, Bactria, Sogdia and India.

Even during his Egyptian campaign (BC 332), Alexander demonstrated a clear intention to achieve at least a harmonious co-existence of Greek and Egyptian cultures. At most, he wanted to bring about a fruitful synthesis of the two cultural traditions. In Egypt, he demonstrated not merely religious tolerance, but a willingness to adopt local gods into a new universalist pantheon of the future empire. The King of Macedon assumed the title of Egyptian Pharaoh and proclaimed himself the son of Amun. His proclivity towards syncretism was subsequently manifested in all his campaigns, including his campaign to India. Curiously, Alexander entrusted the principal positions in the government of the new province not to his faithful, yet somewhat simple-minded Macedonians, but to the experienced Egyptians and shrewd Greeks. This is a characteristic manifestation of the king’s typical meritocracy. Finally, at the shores of the western channel of the Nile delta, he founded the city of Alexandria, which would soon become perhaps the most vivid symbol of ancient globalization, a sort of a Singapore of classical antiquity.

Then came the historic Battle of Gaugamela (BC 331) that put an end to the dispute between Alexander and Darius III over the dominion of Asia. Then came the triumphant entrance of the Macedonian army into Babylon and Susa, the Persepolis fire, which was probably deliberately set on Alexander’s orders (BC 330), and the official end of the “war of revenge.” Henceforth, the new king of Asia was not the destroyer of Persia, but its liberator, not an implacable foe of the Achaemenid Empire, but its legitimate heir. Alexander finally shook off the remnants of Aristotelian pan-Hellenism and pressed forward to new, heretofore unknown frontiers.

Every year, Alexander lost something of what we would today call his Macedonian, Greek or broadly Mediterranean identity. Even for the centre of his empire (the traditional concept of “capital” is hardly applicable to Alexander’s state), he chose Babylon, and not some Hellenistic city on the Mediterranean coast. After landing on the eastern coast of the Hellespont, he would never come back to Europe—not to Greece and certainly not to Macedon.

Eastern Despotism or Enlightened Ecumenism?

The many Greek critics of Alexander reproached the king for yielding to the temptation of becoming an eastern despot, thereby discarding both the austere ways of his Macedonian ancestors and the sophistication of the Hellenic culture for the sake of the eastern luxury and the pomp of Persian customs. Were such rebukes justified? Certainly, eastern luxury exerted its corrupting influence on Alexander, although, as far as we can say, despite his generous gifts to his inner circle and his liking for great feasts, he remained generally indifferent to material wealth throughout his life. More likely, he would be vulnerable to the flowery eastern flattery, just as he would be, though, to the sophisticated praise lavished on him by his Greek coterie.

In any case, Alexander appears to be primarily motivated not by human weakness, but by his desire to make humanity happy through a synthesis of East and West, Greek and Persian (as well as Egyptian, Bactrian, Indian and other) cultures. Hence mass marriages and his own marriage to the Bactrian princess Roxana. Hence his desire to encourage migration flows between the most far-flung regions of his steadily growing empire. Hence his willingness to create a truly universal pantheon. Hence his “meritocratic” staffing policies. At some point, the king ceased to be both a Macedonian and a Hellene and became a man of the world, or, rather, an “overman of the world.” While Aristotle could understand and even welcome Alexander’s forsaking of his Macedonian identity, his forsaking of his Hellenic identity automatically transformed Alexander into an implacable opponent of the philosopher.

This is what Plutarch, who was favourably disposed towards Alexander, said: he “did not, as Aristotle advised him, rule the Grecians like a moderate prince and insult over the barbarians like an absolute tyrant; nor did he take particular care of the first as his friends and domestics, and scorn the latter as mere brutes and vegetables; which would have filled his empire with fugitive incendiaries and perfidious tumults. But believing himself sent from Heaven as the common moderator and arbiter of all nations, and subduing those by force whom he could not associate to himself by fair offers, he labored thus, that he might bring all regions, far and near, under the same dominion. And then, as in a festival goblet, mixing lives, manners, customs, wedlock, all together, he ordained that everyone should take the whole habitable world for his country, of which his camp and army should be the chief metropolis and garrison; that his friends and kindred should be the good and virtuous, and that the vicious only should be accounted foreigners. Nor would he that Greeks and barbarians should be distinguished by long garments, targets, scimitars, or turbans; but that the Grecians should be known by their virtue and courage, and the barbarians by their vices and their cowardice; and that their habit, their diet, their marriage and custom of converse, should be everywhere the same, engaged and blended together by the ties of blood and pledges of offspring.”

Back in his day, King Philip offered Greek cities the kind of relations where there would be no victors or vanquished, first and last, leaders and followers. Alexander offered the same to Persians and other conquered peoples. Clearly, both the father and the son saw themselves as supreme arbiters and guarantors of such a union. However, while the father set himself the task of uniting Hellas (and here he was quite at one with Aristotle), the son dreamed of uniting humanity, and in such a union, Greek civilization could at best claim to be primus inter pares. Individual people would inevitably pay for this union by abandoning their individual freedom: certainly in the name of a great goal.

The king never spared himself, and it would have been strange to expect him to be willing to spare others. It would be fair to say that Alexander’s conquests resulted not so much in liberating the defeated as they did in enslaving the victors. Both the former and the latter were to become assistants to the king, obedient conduits of his divine will. And this applied not only to the top military and political elite of the empire, but also to the thousands and even tens of thousands of Greeks and Macedonians whom Alexander left to man the remote garrisons at the edge of the ecumene with little chance of going back home.

Aristotle, who was observing Alexander’s activities from faraway Athens, could not have liked this. Perhaps he could have forgiven his student for inevitably restricting the freedoms of his subjects, but he could never forgive him for abandoning pan-Hellenism. The consistent implementation of Alexander’s grand plan would inexorably lead to Aristotle’s beloved Hellas dissolving within an entirely new, universal global civilization. Even in purely demographic terms, the mass movement of the most ambitious, energetic and promising young people from Europe to Asia “in search of luck and rank” threatened long-term negative consequences for the development of Greece, which would be doomed to depopulation and a wretched existence on the outskirts of the empire.

Additionally, the endless territorial expansion of the Greek culture inevitably resulted in its simplification and vulgarization—from the universalization of the classical Greek language and its transformation into the imperial “koine” to the degeneration of the classical Greek architecture. Even a cursory comparison between the huge and luxuriant Hellenistic buildings in the East and the best architecture of “the High Classical period” in Greece convincingly shows that size does not always matter. Alexander, like many despotic rulers before and after him, succumbed to the temptations of gigantomastia and approved colossal and often tasteless projects. This trend in construction was continued by the Diadochi, who succeeded Alexander.

Aristotle, of course, kept a keen eye on his student’s movements. Aristotle may have been far away, but his nephew Callisthenes kept a detailed record of Alexander’s campaigns and, taking advantage of his position close to the king, never missed an opportunity to remind him of the exalted ideals of pan-Hellenism. Callisthenes’s escapades led first to mutual bitterness and then an outright disagreement. Alexander’s first chronicler initially fell into disfavour and then found himself in chains. He did not come back from the Indian campaign—he either died of some disease, or was killed on Alexander’s orders.

We could only guess at Aristotle’s reaction to the lavish collective wedding Alexander held in Susa for his Macedonian comrades-in-arms and the daughters of the Iranian nobility. This ceremony went against the philosopher’s basic convictions concerning the cultural incompatibility of the Greeks and the Persians, a person’s right to their own choice, and the monogamous family (many Macedonian veterans had wives and children back home). In this particular instance, Alexander acted not as an enlightened ruler, but as a detached stock-breeder experimenting with a new human breed for his empire.

The Greek philosopher must have been even more horrified by the events that took place in Opis, when, after a mutiny of his Macedonian veterans, Alexander said he was ready to disband his old Macedonian army. Having transferred military command to his former enemies, he ordered a new army to be assembled from the people of the East, including a phalanx, a cavalry, and even a squad of royal guards. Of course, the Macedonians were forced to beg the king for forgiveness, but his willingness to entrust his fate and the fate of his state to Asians would have made any pan-Hellenist shudder.

Aristotle had enough common sense not to quarrel with the almighty king. Historians state that he even accepted Alexander’s highly generous gift of 800 talents for his studies. However, the ideological differences between the teacher and the student were too apparent to be hidden. When Alexander died, Aristotle was among the people suspected of having poisoned the Great King. The accusations levelled against the philosopher remained unproven and did not have any serious consequences for him. But it is quite possible that when Aristotle learned of his student’s death, he breathed a sigh of relief. Maybe humanity, at least its Greek part, was ready for Aristotle’s philosophy, but humanity, and particularly its Greek part, was clearly not ready to implement Alexander’s political programme.

Particularism Strikes Back?

It’s hard to say how world history would have developed had Alexander lived a long life. He would probably have annexed Arabia without much difficulty and within a very short time. Preparations for the campaign had almost been completed. He would probably have set his sights on the Western Mediterranean, where Syracuse, Carthage, and Rome would hardly be able to stop the victorious march of the great commander and where his conquests would likely have prevented the destructive Punic Wars in the future. Sometime later, Alexander would have probably set his sights on the East again and continued the unfinished conquest of India, he would have also explored the basin of the Indian Ocean that had always beckoned him. We cannot rule out the possibility of Alexander, in his thirst for global domination, reaching the western borders of China, which was at that time riven by non-stop internecine conflicts of the Warring States period.

One thing is clear: regardless of the geographical priority of his future campaigns, Alexander would have never gone back to the ideas of pan-Hellenism and Aristotle’s philosophy. He would have continued to build and strengthen his cosmopolitan empire, mix peoples and ethnicities, found new cities, and strengthen trade routes. We can suppose that the genius of the great king would have manifested itself in his state-building just as vividly as it had been manifested in his many victorious battles. However, fate dictated that Alexander spend most of his supernatural creative energy on destroying the old instead of building the new.

The great conqueror died at the age of 33 without completing many of his undertakings and without cementing the foundations of his universalist empire. The forces of particularism gradually began to overpower the ideas of universalism. Less than 20 years after Alexander’s death, the great empire collapsed into independent states locked in a fierce confrontation with each other. It is worth noting that the great empire eroded fastest in its eastern outskirts—India, Bactria and Sogdia. The centre of the post-imperial political activity was clearly shifting westwards, from the heart of Asia to the eastern coast of the Mediterranean Sea. Asia Minor, Syria, and Egypt became the principal areas of Greek colonization and the main centres of Hellenism in Asia.

To some degree, we can say that Aristotle ultimately vanquished Alexander. Or, in other words, Philip of Macedon vanquished his great son. The boundary between East and West was not eliminated, but shifted from the Aegean Sea to the Euphrates. The Hellenistic states of the Ptolemaic dynasty (Egypt) and the Seleucid Empire (Syria) succeeded where Greece failed: they overcame the local polis particularism. European immigrants moving to Alexandria or Antioch no longer thought of themselves as Athenians, Spartans, or Macedonians: they were all Hellenes sharing a common culture and historical tradition. However, neither the Seleucid Empire nor the Ptolemaic dynasty succeeded in harmoniously melding western immigrants and eastern residents in the same “melting pot”: in all states of the Diadochi, Hellenes formed the privileged class of people engaged in governance or commerce who mixed little with the native population.

However, Aristotle’s plans for Greece itself did not materialize either. The city-states never formed any kind of a European Union of classical antiquity. Their political strife and military conflicts continued, and Greece itself became a venue for confrontations between larger Hellenic states. One hundred years after Alexander’s death, the Roman Empire started to meddle in Greek affairs with increasing impudence, and in another 50 years (BC 146), the Roman province of Achaea was established in the territory of Greece.

Naturally, the influence that Alexander’s project exerted on the ancient world was not limited to the emergence or decline of specific states. Elements of Hellenism as a way of life and a cultural phenomenon became firmly entrenched throughout the vast spaces of Europe, Asia and Africa, that is, beyond the Hellenistic states themselves. The boundaries of the ecumene were gradually pushed back, new trade routes appeared, and commercial cities flourished. The baton of globalization was taken up by Roman consuls and then by the Roman emperors, who put many of Alexander’s unrealized plans into practice.

However, even imperial Rome, with its blatant cosmopolitanism and its colossal geographic scale, remained mostly a Western empire at the peak of its powers. The Roman eagles were not destined to reach the cities of India and the deserts of Central Asia. Emperor Trajan’s annexation of Southern Mesopotamia and Assyria (115 AD) proved very short-lived: just a few years later, his successor Hadrian was forced to abandon these conquests. For years, the Euphrates served as the border separating Western and Eastern civilizations. A stable synthesis between East and West ultimately failed to materialize even within the Roman Empire: centrifugal forces had the upper hand, and eventually, historical trajectories of Rome and Constantinople diverged for good. The emergence and geographical expansion of Islam ultimately locked in the boundary between the East and the West.

Arbitrary Historical Analogies

History develops in a spiral. In some sense, the global situation today is similar to the situation in the ancient world shortly after the death of Alexander the Great. On the one hand, we see many signs that globalization is in crisis: international trade, foreign direct investment, international migrations, etc., are falling. The importance of national sovereignty and national identity is emphasized everywhere, political forces advocating traditional values and the traditional way of life are growing in influence. Globalization priorities are being replaced with regionalization priorities. Ambitious long-term imperial plans are giving way to situational and highly pragmatic plans that are geared mostly toward domestic audiences instead of the world in general. As far as we can tell, deglobalization trends have gained major traction and will not be reversed in the foreseeable future.

On the other hand, it would be wrong to say that “globalization is over.” The world is getting smaller. Technological progress makes global communication easier and reduces the costs of implementing geographically distributed projects. The burden of common problems puts increasing pressure on all countries—problems ranging from the growing shortage of resources to accelerating climate change. The fact that the first wave of globalization of the late 20th to the early 21st century broke down does not necessarily mean that humanity will not have to face a second wave or that there is no need to prepare for it.

Historically, the Diadochi were the losers because they borrowed Aristotle and Alexander’s most obvious and least productive ideas. They took Aristotle’s political particularism and pan-Hellenistic nationalism, and Alexander’s despotic and highly centralized style of governance. And even though most of Alexander’s comrades-in-arms were remarkable people, neither Seleucus, nor Ptolemy, nor Perdiccas, nor Antigonus, nor Eumenes could measure up to the King in terms of his personality and his inexhaustible energy. Therefore, the Hellenistic states of the Eastern Mediterranean were internally unstable and ultimately fell to Rome or Parthia.

Solving the task that humanity has faced for over 2000 years requires approaches that would be diametrically opposite to those chosen by the Diadochi. How can we combine the most revolutionary and complicated elements of the globalization programmes of the two great figures of classical antiquity? How can we combine Alexander’s global universalism and noble idealism with Aristotle’s rational democracy and political pluralism? Solving this historical task would usher in radically new development directions for our world.

From our partner RIAC

Continue Reading

International Law

Stacked Odds: A UN Report on Modern Slavery

Published

on

photo: UN Women/Ryan Brown

On the occasion of International Girl Child Day, the United Nations (UN) came up a report ‘Stacked Odds’ based on Modern Slavery. For the term Modern Slavery or contemporary form of slavery, there is no specific universal definition, rather it is used as an umbrella term covering practices such as forced labour, debt bondage, forced marriage, and human trafficking. It is considered as a situation of exploitation that a person cannot refuse or leave because of threats, violence, coercion, deception, and/or use of power as defined by UN.

 According to the Stacked Odds report, one in every 130 females globally is living in modern slavery. It means countries are still nowhere near the rate of change needed to meet the goal of ending slavery by 2030 as highlighted in Sustainable Development Goals (SDGs). The global estimates were studied and reported by Walk Free which is an international human right group focussed on eradication of modern slavery in all its forms and the two UN agencies- the International Labour Organisation (ILO) and the International Organisation for Migration (IOM) which are considered as powerful advocacy tools to deal with slavery.

Among all the victims of modern slavery, women and girls accounts for nearly three quarters (71 per cent). Females outnumber males as victims of modern slavery in four of the five world regions. They account for 73% of victims in the Asia and Pacific, 71% in Africa, 71% in Europe and Central Asia, and 63% in America. The Stacked odds report also highlighted that 99 percent of the victims of forced sexual exploitation are women. And 84 percent of all victims of forced marriage and 58 percent of all victims of forced labour are also women. 

As oppose to men, women are more vulnerable to modern slavery due to various factors:

  • Women are considered as a disadvantaged section of the society and face various socio-economic problems like poverty, lack of access to education and less opportunities in the political field. 
  • In many countries, laws can exacerbate, rather than protecting from modern slavery. They prevent women from inheriting land and assets, conferring citizenship on their children, traveling freely and working without their husband’s permission.
  • Women are underrepresented at all the levels of political leadership. On an average, just 25 percent of people in national parliaments in 2020 are female. 
  • When it comes to workforce, women are paid less than men for the same amount of work and this gender discrimination financially penalises women.
  • Normalisation of gender-based violence also increases female’s vulnerability to modern slavery.

Various factors which are responsible for the modern slavery are as follows:

  • Absence of rule of law: Slavery become prevalent in the society where there is no enforcement of law. It is often abetted by police and other authorities. Without adequate enforcement of laws and strengthening of legal frameworks, human traffickers operate with impunity. 
  • Poverty: About 765 million people worldwide live in extreme poverty, making less than $1.90 per day. Those in destitute conditions have limited means to support their families. In the absence of alternatives, many people take risks which are lured by sham offers of better futures.
  • Marginalized Groups: Certain groups face discrimination which includes, ethnic and religious minorities, women and children, and migrants and refugees are prone to enslavement.
  • War and Conflict: War brings a kind of instability that can expose besieged communities to forced labour networks.
  • Natural Disasters: Extreme weather, as well as resulting pandemics, can ravage a country’s physical infrastructure, displace communities and increase the desperation of already marginalised groups.
  • State-imposed forced labour: It includes citizens recruitment by their state authorities to participate in agricultural or construction work for purposes of economic development, young military conscripts forced to perform work that is not of military nature, or prisoners forced to work against their will.

Modern Slavery in India

According to the Global Slavery Indexed report released by Walk Free, 8 million people are facing modern slavery in India. At the same time 6.10 out of 1000 are estimated proportion of population living in modern slavery and 55.49 people out of 100 are vulnerable to modern slavery.

The National Crime Records Bureau (NCRB) indicate that there were 8,132 reported cases of human trafficking across India. Most of the victims were trafficked for forced labour and prostitution. There have been many cases of contract violations and exploitation of India’s migrants living in the Gulf countries which have led people to become modern slaves. There are also reported cases of abductions and coercion of children by the Left-Wing Extremists to join Bal Dasta units which train children in front-line operations, and as couriers and informants against national security forces. 

In order to do away with modern slavery, India has criminalized most forms of modern slavery, including trafficking, slavery, forced labour, and child sexual exploitation in its Penal Code. For example- Protection of Children from Sexual Offences Act,2012. But currently, there is no legislation criminalizing use of children in armed conflict. There are various schemes like Ujjawala which is a comprehensive scheme for prevention of trafficking and rescue, rehabilitation and re-integration of victims of Trafficking and Commercial sexual exploitation and Swadhar initiated by the Ministry of Women and Child Development in order to provide shelter and rehabilitation services for rescued women. The Central Sector Scheme for Rehabilitation of Bonded labourers was adopted by India in 2016 to recognise the needs of different groups trapped in bounded labour and provide cash compensation. The Indian Government also ratified two core ILO conventions in 2017, namely No. 138 on Minimum age to Employment and No. 182 on the Worst Forms of Child Labour.

Steps need to be taken to eradicate Modern Slavery at global level:

The report says, ‘At its core, the fight against modern slavery is about ensuring the most basic of human rights- freedom’. In order to ameliorate modern slavery, there is a need to strengthen criminal justice. It should be ensured that no child is born stateless by strengthening legal safeguards and ensuring birth registration. Laws and policies that prevent or make it difficult for workers to leave abusive employers without risk of loss of visa and deportation of security deposits must be addressed. There is a current need to overturn laws and policies that strip women of their rights or exacerbate their vulnerability to sexual violence and exploitation. States should improve coordination and accountability among national agencies by developing evidence-based national action plans and establishing national referral mechanisms involving civil society law enforcement agencies and other groups. Cross-border collaboration and data sharing should be improved to tackle modern slavery. Nation-states should improve support for modern slavery victims and survivors by providing regular, systematic training for all frontline service providers. Government should work with communities and civil society to create avenues for reporting crimes, improving access to protection and support services and changing the social norms around widow cleansing, witchcraft accusations and other harmful practices. 

Whereas, the UN report suggested six points to nation states that should be included in action plan to prevent the exploitation of women and girls:

  • Government should criminalise all forms of modern slavery through bringing reforms in the laws.
  • Girls Education should be on priority list.
  • Steps needs to betaken by the state governments to abolish child labour.
  • Socio-cultural norms such as male preference, restriction on freedom of movement of girls, lack of control over financial assets and other harmful societal practices must be challenged.
  • There is also a need to amend certain laws and policies like inheritance rights, land ownership laws and the Kafala system.
  • The governments should acknowledge the clear link between gender and risk of modern slavery in their gender and development programming and budgets.

In the words of Grace Forrest, the co-founder of the Walk Free anti-slavery organization, ‘there are more people living in slavery today than any other time in human history’. Therefore, the nation-states should take immediate steps to eradicate contemporary forms of slavery to make this world a better place for living.

Continue Reading

Publications

Latest

Trending