The unholy and hated corporate leviathan known as Dominion Energy has begun felling trees for the Atlantic Coast Pipeline, a project poised to cross hundreds of rivers and streams and bore underneath the Appalachian Trail. Dominion’s ACP (along with EQT’s Mountain Valley Pipeline) disproportionately target communities of color and working class families in Appalachia. These projects have been rammed through via Dominion’s political and economic monopoly over every aspect of Virginia’s energy economy.
Dominion has already commenced with clearing and surveying using crews from Utah and Texas, despite their ear numbing promises of jobs for Virginians. We send out cheerful greetings to comrades everywhere.
Water Is Life! Death to the Black Snake!
– Three Sisters Camp
Indigenous communities know all too well of the potentially devastating risks that the construction of mega-projects can entail. Time and again, such projects have led to irreparable environmental damage that harmed if not destroyed the well-being, culture, economy and traditional ways of local communities.
The Raizal Peoples who inhabit the San Andrés, Providencia and Santa Catalina archipelago, Colombia could become one more indigenous community to be affected in this way. Should Nicaragua’s plans to build a canal go ahead, there is the risk that the massive project—that would rival the Panama Canal—would muddy and pollute nearby waters and potentially destroy the reef on which the Raizals depend.
With the risk of environmental damage and potentially devastating consequences for the Raizal Peoples in mind, Colombia applied to the Inter-American Court for information as to how it might interpret human rights law in this case. In response, the Court issued an advisory opinion in which it elaborated at length on the relationship between the environment and human rights law.
The Court noted, “Environmental damage can cause irreparable damage to human beings. As such, a healthy environment is a fundamental right for the existence of humanity.”
Its findings, though non-binding, sent out a strong message to both the regional and international arena that not only is there an inextricable link between a healthy environment and human rights but that this should be accounted for in the interpretation of human rights instruments.
In practice, this means that someone could in theory now bring a case before the Court on the grounds that environmental damage had led to a violation of their human rights. While significant legal obstacles have previously made it difficult for affected parties to seek meaningful redress in such cases, the verdict could not be more timely.
Proposed route of The Nicaraguan Canal (Spanish: Canal de Nicaragua), formally the Nicaraguan Canal and Development Project (also referred to as the Nicaragua Grand Canal, or the Grand Interoceanic Canal)
To date, claimants in the Americas affected by environmental damage have struggled to pursue legal action for the violation of their human rights for the following reasons:
Right to a healthy environment (San Salvador Protocol, article 11) not accepted as basis for a claim
Firstly, despite the fact that Article 11 of The San Salvador Protocol explicitly sets out the right to a healthy environment, this right is non-justiciable. That is to say, no-one could use a violation of this right as a basis for which to file a petition to the Inter-American Commission of Human Rights, and subsequently the Inter-American Court. Instead, the affected individual or group would have to bring a case under Article 26 of the American Convention on Human rights, the rights of which are justiciable.
The problem is that, while Article 26 protects economic, cultural and social rights, the only obligation it imposes on States is that they progressively achieve the full realization of these rights, making it an aspirational ideal for member States. For this reason, neither the Commission or the Court had previously ever found in favour of a claimant who had asserted their rights under this article. Furthermore, is has been unclear whether the right to a healthy environment would be deemed as being included in the scope of the rights protected under Article 26.
Problems of transboundary cases
In some cases, the cause of environmental damage occasioned in a particular place lies outside of a country’s border. This is problematic because human rights instruments are traditionally understood to only hold states responsible for damage occasioned in that same state, not for damage outside of their borders. This rather nebulous realm of extraterritorial obligations is, as one legal expert noted, “the conundrum…that bedevils human rights law”. If we can find some clarity in this rather nebulous world of international law it is that no-one hoping to a pursue legal action through the regional courts in the case of a transboundary claim could be confident their claim would be admitted.
Problems of bringing claims on the basis of violation of right to life
In theory, another means through which a potential affected party could file their complaint with the Inter-American Commission would be through arguing that their right to life had been violated as a result of environmental degradation. However, case law from the Inter-American Court shows that should a complainant want to argue their case on this basis, they would have to prove that the state had taken action which could be deemed to have an “immediate” and “certain” consequence on their exercise of their right to life–and that action wasn’t taken to “reasonably” prevent the risk of this happening.
There are cases which fall into this category such as Sarayaku vs. Ecuador, where explosives were laid on the Sarayaku territory or, for example, in Yanomami vs. Brasil where a highway was built though Yanomami land which resulted in several deaths. This said, clearly trying to prove the immediacy and certainty of a risk to life and integrity limits the number of cases significantly. By means of example, in 2005 when the Inuit argued that their traditional means of subsistence had been destroyed by climate change, the Inter-American Court did not find in their favour. Though the Court was not explicit with regards to its reasons for not accepting this argument, it can be supposed that it was indeed difficult to prove that climate change would have resulted in an “immediate” and “certain” negative impact on the subsistence of the Inuit Peoples and consequently their right to life.
The advisory opinion issued on Feb. 7 addresses these problems in the following way:
The right to a healthy environment
Firstly, the court reaffirmed the landmark decision made in the recent Lagos del Campo vs. Peru case, in which they found for the first time in favour of a claimant who had raised a petition on the basis of his Article 26 rights being violated. Secondly, the Court recognized that the right to a healthy environment as set out in the San Salvador Protocol was an autonomous right and crucially, should be deemed as being included in the rights set out in Article 26. What this means then is that the door is laid open to future claims for loss of a healthy environment brought under Article 26 of the American Convention, something that was not previously possible.
Transboundary claims will be actionable in the case of environmental damage
The Court found that countries will be held accountable for the violation of rights when the activities causing those violations are in their “effective control” i.e. they are responsible for them. This marks a significant widening of the traditional scope of a state’s responsibilities.
On this basis then, if, for example a state did complete a mega-project, the effects of which were felt outside of their borders, a case could be brought against them. In Colombia’s case, the Court seems to indeed be suggesting that should Nicaragua’s canal result in environmental damage in Colombia, affected parties would indeed have a case.
Some experts have noted that this could have important repercussions for air pollution, chemical pollution and even climate change.
Risk to life must still be “immediate” and “certain” but in the case of the possibility of significant environmental damage, a state has an obligation to prevent it taking place.
As expected, the Court’s opinion signaled no change with regards to the need for claimants to prove that actions undertaken would “immediately” and “certainly” result in the violation of their right to life. As such, it will remain difficult to bring forward claims on this basis. However, the Court did importantly recognize the very real potential that environmental damage has to cause violations of the right to life or right to integrity. With this in mind, it made several stipulations:
Firstly, the Court stated that States must prevent “significant environmental damage” (understood as damage that will violate right to life or integrity) both in or outside their borders. Secondly, it stipulated that they must do so even if there is no scientific certainty of such environmental damage: it is sufficient that significant environmental damage was possible.
The Court also offered clarity about what was understood by the meaning of the word ‘prevention’. It found that a State must conduct thorough and independent environmental impact studies as well as providing mitigation and contingency plans in the case of damage; regulate, supervise and monitor activities that could cause harm; cooperate with other States, providing them with information regards risks to the environment and ensure that potentially affected parties have access regarding potential harms
There is no doubt that the Inter-American Court’s findings offer reasons for optimism for both environmental and indigenous rights activists alike. Though non-binding, the advisory opinion provides a sign post for Courts of member States as well as lending much-needed legal weight to arguments made by potential claimants. Indeed, the advocacy group Dejusticia—which is currently pursuing legal action against the Colombian State for failing to curb deforestation in the Amazon—has said that it will use the findings to bolster its arguments. Of course, the advisory opinion will likely carry weight further afield too. The fact that a major human rights body such as the Inter-American Court has taken active steps to better protect citizens from the very real effects of environmental damage will surely put pressure on other major bodies to do the same.
Despite a court-ordered injunction barring anyone from coming within 5 meters (approximately 16.4 feet) of two of its BC construction sites, opponents of the Kinder Morgan Trans Mountain pipeline expansion sent a clear message Saturday that they would not back down.
Twenty-eight demonstrators were arrested March 17 after blocking the front gate to Kinder Morgan’s tank farm in Burnaby, BC for four hours, according to a press release put out by Protect the Inlet, the group leading the protest.
According to the release, the protesters were a mixed group of indigenous people, families, retired teachers and other community members.
“We’re going to do whatever it takes, and by any means necessary, and we’ll show up day after day until we win this fight,” Treaty-6-Mathias Colomb-Cree-Nation member Clayton Thomas-Muller said in the release.
Saturday’s action was an intentional show of civil disobedience.
“Everyone was very aware of the situation, of the possibility of arrest. And everyone was given the chance at any time during the day to leave that zone and not be arrested,” Amina Moustaqim-Barrette, protestor and 350.org communications coordinator, told the Vancouver Sun.
According to the Protect the Inlet website, Saturday’s action will kick off a two-week mobilization from March 18 to March 24. The activists need to prevent Kinder Morgan from completing key clear-cutting work by March 26, when the return of migratory birds will cause delays.
Thursday’s injunction also applies to the pipeline’s construction site at Westridge Marine Terminal, the Sun reported.
According to 350 Seattle, the Trans Mountain pipeline expansion project aims to triple the amount of Alberta tar sands oil carried from the Canadian Rockies to Burnaby, BC and Anacortes, WA from 300,000 to 890,000 barrels per day. It would also increase oil tanker activity in the Salish Sea and Strait of Juan de Fuca by 700 percent, threatening vulnerable orca populations and other marine animals.
The Trudeau government approved the Trans Mountain expansion in November 2016, but the social action group the Council of Canadians says it is inconsistent with Canada’s commitments to reduce greenhouse gas emissions under the Paris agreement. It is also opposed by over 61 indigenous groups; of the nine cases challenging the project in Canadian courts, seven were brought by First Nations.
Saturday’s action comes exactly one week after indigenous leaders from the U.S. and Canada inaugurated a traditional Coast Salish “Kwekwecnewtxw” or “a place to watch from” in the pipeline’s projected path. While construction started on the Watch House, 10,000 demonstrators marched in solidarity.
Trans Mountain’s lawyer Shaun Parker requested that Justice Kenneth Affleck, who issued Thursday’s injunction, also order the new Watch House removed. Affleck, however, ruled that it could stay, the Canadian Press reported Thursday.
“I’m sensitive to the concern of those who created this Watch House, that it is of considerable significance to them,” Affleck said, further ruling that the pipeline could remove it only if it demonstrated an emergency need, and that it would have to replace it afterwards.
Saturday’s protest wasn’t the only direct action against the pipeline expansion this weekend. 30 “kayaktivists” from a group called Mosquito Fleet surrounded a Kinder Morgan oil barge in Seattle’s Elliott Bay Sunday to protest the increased tanker traffic the project is slated to bring to the Salish Sea, King5 News reported.
Mosquito Fleet’s Zara Greene told King5 that the pipeline expansion would threaten communities on both sides of the U.S.-Canadian border. “Kinder Morgan is a threat to us all,” she said.
For Immediate Release
Media Contact: Talon Brings Buffalo
406-404-9131
Stephens Creek Trap, Yellowstone National Park
March 16th 2018
Hours before dawn on Friday March 16th, two members of the Wild Buffalo Defense collective arrived at the gate of Yellowstone National Park’s Stephens Creek Buffalo capture facility. They blocked the gate with three 55 gallon drums filled with concrete, locking their arms inside the barrels. The three 1000 pound drums blocked access to the facility, preventing livestock trucks from taking the wild buffalo to slaughter. This action came in the wake of a similar event last week at the Stephens Creek Trap, where two buffalo protectors locked themselves to the hydraulic squeeze shoot using a metal pipe.
Wolf, the first individual locking down, described why he was taking the action: “My father is from Michaocan, Mexico, so I have both native and colonizer blood. Since I wasn’t raised in a native setting, this is my way to give back to the native community. I’m from Illinois — it’s called the Prairie State, and there’s less than one one-hundredth of the prairie left. It’s all strip malls and corn fields…I don’t like seeing just concrete and steel. Seeing how peaceful the buffalo are and how strong they are, they go through enough hardship in their lives in the forest and the plains and then with what Yellowstone National Park is doing to them they still carry on. They inspire me to keep going.”
Coyote, the other individual blocking the gate, said: “I’m doing this to get a better understanding of what is really going on and to protect the buffalo and the lands that they roam. I feel like I have been lost inside…but now that I’m here I feel more combined with myself, with others, and with knowledge and understanding. Whenever I’m with the buffalo I feel like my heart runs with them. When I’m with them they already know the questions, they already know the answers, and I don’t have to respond because they already know. I think it’s a good thing for people to learn. There’s not a day in this world where you’re not able to learn something. What we’re doing is something we love to do and we only live once so we should do what we love to do and if anybody wants to come out and join and learn this experience then they should.”
The barrels were painted with two phrases, “Protect the Sacred” and “Honor the Treaties.” The words highlight the fact that Buffalo are sacred creatures to the Plains Indians. Blackfeet and Lakota prophecies say that when the wild buffalo return, the people and the earth will be healed. Yellowstone National Park currently captures and slaughters about 25% of the herd every year. If this mismanagement of the population continues, these prophecies will… [press release ends].
An hour before sunlight on march 5th two members of the Wild Buffalo Defense collective named Cody and Crow descended from the hills onto Yellowstone National Park’s Stevens Creek buffalo trap and using a steel pipe, locked themselves to the bars of the “Silencer”, a hydraulic squeeze shoot that holds buffalo for testing, shipping and slaughter. In freezing temperatures the individuals blocked the buffalo processing facility and prevented the park from shipping wild buffalo to slaughter.
When asked why he was taking this action Cody stated, “I am standing with the plains Indians as a member of the Ojibwe tribe in Minnesota, I have a Blackfeet friend who helped me protect my territory from the line 3 pipeline and now I am here for him and the buffalo. I have a love for the people. That’s what my mom passed down to me. And I have love for the environment and animals and I feel like I have an obligation to protect them. If I have to put my body on the line to do so I will.”
The two Yellowstone buffalo herds are the last free ranging, genetically pure, plains buffalo in the United States. These buffalo are decedents of the 23 that survived the buffalo extermination campaign that the US government implemented in the 1800s to starve the plains Indians into submission.
Today the Stevens Creek Buffalo Trap costs the Yellowstone Parks Service 3 million dollars per year to maintain and despite years of public opposition continues to operate their capture-for-slaughter facility within the park boundary. Activists and tribes allege that the Montana cattle lobby controls how the Parks Service manages of the wild buffalo. Crow, the other individual who locked himself to the facility stated “They say they need to kill the animals to stop the spread of Brucellosis, but the wild elk have Brucellosis and they are allowed to roam free because the cattle industry is not worried about elk competing for grass and the state receives income from the elk hunting permits.” Every year the facility captures and sends roughly 1000 animals of the 4000 wild buffalo population to slaughter.
While the two individuals locked themselves to the shoot, some activists gathered at the gate of the facility with banners reading “Wild buffalo slaughter = cultural genocide.” Their signs spoke to the connection between the culture of the plains tribes and the wild buffalo, suggesting that by exterminating the last wild buffalo, Yellowstone is effectively attempting to do the same to the culture of the plains tribes. The non-violent direct action came in the wake of a decision by the Montana department of livestock and the animal plant and health inspection service to deny the Fort Peck Indian reservation the right to receive wild buffalo from the park.
To Support Wild Buffalo Defense please contribute to our campaign and legal fund!
Featured image: Demonstration against TTIP. Sebastian Heidelberger, creative commons licence
Editor’s note: This is the second part an edited transcript of Derrick Jensen’s December 10, 2017 Resistance Radio interview with Alfred McCoy. Read Part One here. McCoy’s first book, The Politics of Heroin in Southeast Asia (New York, 1972), sparked controversy when the CIA tried to block publication. But after three English editions and translation into nine foreign languages, this study is now regarded as the “classic” work on the global drug traffic. His more recent cover on covert operations, A Question of Torture: CIA Interrogation, from the Cold War to the War on Terror explores the agency’s half-century history of psychological torture. A film based in part on that book, “Taxi to the Darkside,” won the Oscar for Best Documentary Feature in 2008.
His most recent book, In the Shadow of the American Century: The Rise and Decline of U.S. Global Power, focuses on the key instruments in its exercise of this hegemony, including geopolitical dominion, control of subordinate states, covert operations, worldwide surveillance, torture, and military technology. The work concludes by analyzing China’s challenge and the complex of forces that will likely lead to an eclipse of U.S. hegemony by 2030.
Browse all episodes of Resistance Radio or listen to audio of this interview:
DJ: Let’s talk about the American response and the question of some commonalities of the response to empires on the decline of their own power, if you could fit those two together.
AM: First of all the American response. This is where the White House actually matters. You can make an argument that the Presidency doesn’t make that much difference in the fabric of American life, but when it comes to foreign policy, and particularly military power; the presidency matters. The man in charge makes a difference. Because you’ve got the economic apparatus, the diplomacy, the military, all of these concerted forces arrayed at the fingertips of a single person.
Under the Obama administration: Obama was what I call a geopolitical genius. He’s one of three Americans in the past 120 years who understood geopolitics and knew how to play it. Obama sensed the nature of the Chinese challenge, and he came up with an explicit strategy to counter it, a three-fold strategy. First of all, he realized that the logic of the Chinese infrastructure and their big new Asian Infrastructure Investment Bank, was basically to make sure that the trade of the Eurasian landmass was heading towards China. Obama countered that very deftly. He negotiated, mostly in the course of his second term in office, two international trade pacts. The Trans-Pacific Partnership, with a dozen nations who together account for about 40% of world trade. He also launched negotiations for another pact called the Trans-Atlantic Trade and Investment Partnership, or T-TIP, with the European Union, that controlled about another 20% of trade.
Through these two trade pacts, Obama had the idea of draining the world island the life blood of commerce. China could build its railroads and its pipelines to its heart’s content, but if Obama’s plans had gone through, these preferential trade pacts would have diverted the trade from Asia, the Pacific, and Europe, across the Atlantic, across the Pacific towards the United States.
The second part of Obama’s strategy was that because of the energy independence of the United States through fracking and the Canadian oil boom, we no longer needed Middle Eastern oil. He felt that we were energy-self-sufficient, and indeed we’re going to start exporting pretty soon. He said basically “We’re going to pull our surplus forces out of the Middle East where we don’t really have any real interests anymore, and we’re going to shift them to rebuild the U.S. position on the axial end of Eurasia” along that Pacific island chain from Japan through South Korea down to the Philippines and Australia.
He went to Australia in 2011 and announced what was called the Pivot to Asia. He then arranged for a U.S. Marine battalion to be based at Darwin along with some Navy vessels, giving the United States ready access to the South China Sea through the Indonesian archipelago. His diplomats negotiated the right of U.S. forces to position equipment and have ready access to five Philippine bases in the South China Sea, renewing that long but now fated strategic alliance. He worked with South Korea to build a new base at Jeju and he renewed the strategic alliance with Japan. He got Japan to back the Trans-Pacific Partnership trade deal to the hilt. And by the time Obama left office, the Trans-Pacific Partnership was running into trouble, but it still had a chance of passing. The European treaty ran into the populism in Europe, which was rising very strongly. That was going to have a much more problematic passage.
The other part of Obama’s strategy was his major Africa diplomatic initiative. He had a summit meeting for about 50 African leaders. He made a major Presidential visit to Africa, which was not the sentimental journey that people imagined, but serious diplomacy. He was hoping to use diplomacy to get African nations to redirect their trade and investment toward the United States. So he had a systematic strategy.
President Trump intuited the pillars of U.S. power and began attacking them systematically in a kind of demolition job with almost a kind of unerring instinct, a malign design, if you will. In his first week in office, despite the pleas of Japan’s Prime Minister by phone call and personal visit to Trump Tower, Trump canceled the Trans-Pacific Partnership. Prime Minister Abe of Japan said “This is a serious mistake, because China has its own regional cooperation pact with 16 members, that’s going to capture all the trade. So if you don’t have the Trans-Pacific Partnership, China’s going to direct all that trade towards it. You’ll lose out.” Trump didn’t pay any attention, he went ahead with that.
The Trans-Atlantic Trade and Investment Partnership was already fading before Obama left office. The other thing that Trump has done is he’s systematically damaged our relationship with all of the four pillars underlying those axial ends of the Eurasian landmass. When he made his visit to NATO in May of this year, he refused to defend the mutual defense clause in NATO. Without that clause, there is no NATO. It was a major blow. Then we have the transcript of his first presidential phone call with the Prime Minister of Australia, in which Trump says it’s the worst phone call he’s ever had and slams the phone down. That accelerated the alienation of the Australian people away from the United States and towards a primary alliance with China.
We have the transcript of his presidential phone call last April with President Duterte of the Philippines. Trump’s calling up about the North Korean missile launches. It’s a very interesting transcript and it has a significance that nobody realized. Trump says “Kim Jong Un’s a real problem” and Duterte says “I’m going to call China.” President Trump says “Look, I got two nuclear subs right in the area. Very powerful subs.” Duterte says “I’m going to call China.”
And Trump says “You know, we got 20 times the bombs of North Korea.” President Duterte says “I’m going to call China.” It’s very clear. The Philippines is gone. The Philippines has moved into China’s orbit. That treaty for access to the five bases in the Philippines is basically a dead piece of paper.
Trump systematically attacked Korean history and politics, alienating Korea, so that the current President of South Korea, President Moon Jae-in, ran on a campaign slogan of “Say No to America.” I think that in the fullness of time, the tensions in the Korean peninsula are going to play out in a way that the U.S. bilateral pacts of both Korea and Japan are going to be very seriously diminished. I don’t know if they’ll become dead letters, but very pretty close to it.
Through his inept leadership on the global stage, Trump is accelerating the decline of the U.S. geopolitical position. He’s undercutting those axial ends of Eurasia that have been the pillars of U.S. geopolitical power for the past 70 years.
DJ: What are some commonalities of the end of empire that we can see manifesting in the U.S.?
AM: Empires decline through a complex series of processes. First of all, the numbers. The trade, the military dominance, the technological primacy that a rising empire has at its start, is inevitably eroded over time as other powers acquire similar skills, or they become more vital and newer economies. So the long-term trends are for any empire, at some point, they start to head downward. When the power is fading, the elites of a society who’ve enjoyed this kind of psychological sense of empowerment and dominion — the masters of the globe, the titans astride the planet – get irrational. They then can conduct military operations that are called by historians “micro-militarism.” The prime example is the United Kingdom. In the mid-1950’s, the United Kingdom had full employment, had dug themselves out of the rubble from the bombing of World War II. They had organized a systematic and very disciplined liquidation of their empire. They were giving up, through negotiations, political control over India, Malaya, etc. They were retaining the substance of their trade and investment as they negotiated their way out of colonial rule. It looked like Britain, in the mid-1950s, was on a path of comparative decline, but it was carefully managed, it was a slow decline that was leaving Britain in a pretty good position economically and diplomatically.
Then came Sir Anthony Eden in the Conservative Party. Somehow, the process of losing empire produced a psychological crisis. So when Gamal Nasser of Egypt nationalized the Suez Canal, the British Conservative Party collectively reacted in an irrational fury. They secretly plotted with the French and the Israelis to launch the massive Suez invasion, concealing this operation from the United States, Britain’s prime ally: 300,000 troops, six aircraft carriers, and the Israeli Army launched itself across Sinai. They occupied half the Canal before the operation began to fall apart diplomatically. The British pound in Britain couldn’t sustain this operation. It was the global reserve currency and it began to lose value. The first bailout by the IMF was not done for Mexico or some impoverished third world country. It was done for Britain in the aftermath of Suez. That’s where the bailout came from. Because the world’s global reserve currency was trembling at the brink of collapse.
Suddenly Britain went from the mighty imperial lion to kind of a toothless tiger that would now roll over when America cracked the whip. And that all happened in the space of a month, through this micro-military invasion. Clearly, leaders can accelerate the decline of imperial power. Leaders that are reacting irrationally, that are brash and bold and kind of thunder and trumpet, laying claim to power that’s slipping away from them. In doing so, they actually accelerate the loss of power.
If there were ever a Sir Anthony Eden figure to take over the United States government, that would be Donald Trump. And the micro-military disaster can occur in the South China Sea, in the Korean peninsula, or somewhere in the Middle East. It awaits us. In fact, there are those who would argue 30 years from now, that America’s real micro-military disaster was the Iraq invasion of 2003. That was the same thing. American conservatives feeling a loss of U.S. global power, decided on a bold military strike. Capture Baghdad; build a massive embassy, the Green Zone; insert the U.S. in the heart of the Middle East; unleash the tides of democracy and capitalism. Break down these kind of socialist autocracies and bring the Middle East firmly into the American camp. Didn’t quite work out. Proved to be closer to Suez than a brilliant imperial coup.
So that pathology of power that’s so rational when the empire’s on the ascent, becomes dangerously irrational when an empire’s in decline.
DJ: Leaving off the sort of immorality of having an empire in the first place, and acting in the self-interest of the imperial power in decline, how would you see a reasoned and rational response to a decline of empire playing out? What would those at the center of empire do if they were continuing to act in their imperial self-interest and perceiving the decline? How would they age gracefully?
AM: First of all, we not talking about colonies anymore. We’re talking about the U.S., what’s known in the rubric as an informal empire, where we don’t actually control the sovereignty of nation-states. Back in the heyday of the British empire, a quarter of the globe, both population and territory, were British colonies, painted red on the map. But another quarter of the globe were part of the British informal empire. From the 1820’s to the 1890’s that included Latin America. At one point it included Egypt, Iran, and China. So there was another quarter of humanity that was in the British informal empire.
The U.S. iteration of empire looks like that British informal empire. The 190+ sovereign states of the world all have presidents and prime ministers, they have sacrosanct boundaries and national sovereignty. And yet, the United States exercises hegemony over them. The U.S. empire has overtones like the British.
Now, the question is not “whether empire.” It’s what kind of empire are you going to have? You take Professor Niall Ferguson’s point, that there have been 69 major empires over the last 4000 years of human history. The possibility of the next 100 years being without an empire seems pretty remote. Think back to one of the great events that shaped the world we live in: World War II. That was a clash between two powers: the British empire – Churchill was very proud, he didn’t talk about Britain, he talked about the British empire, – and the U.S. as an ascendant imperial power on one side. And there were the Axis powers on the other. Hitler had the largest control over Europe, a continental empire. Even larger, through his allies, than Napoleon. And the Japanese empire, if you count the population, through their conquest of China and Southeast Asia, and their occupation of Korea and Taiwan, had in terms of population the largest empire in human history.
So World War II was a clash of empires. Personally, I think most of us would agree that it’s probably a good idea that the British empire and the American hegemony defeated the Axis empires Japan and Germany. Because they didn’t offer much except exploitation of the subject peoples to benefit the metropole.
The U.S. empire has not only had its dark chapters, as every empire does, but we’ve been a distinctive empire in several ways. One of them has been that at the peak of our power, right after World War II, when the world was in ruins and rival industrial powers were heavily damaged, we had something like 50% of the world’s industrial production under our control. The United States presided over the construction of a new international order: The United Nations. Then they established the General Agreement on Tariffs and Trade, which was the predecessor of the World Trade Organization. They created the instruments for the management of the global economy; the IMF and the World Bank.
The United States also believed in the rule of law. There was an international court that was linked to the United Nations, and instead of lining up the defeated heads of the Axis empires, the Germans and the Japanese, and just shooting them, or throwing them into some prison island, the United States conducted tribunals at Nuremberg and Tokyo. Those established, admittedly somewhat problematically but nonetheless established certain international rules of law. The Nuremberg Medical Code, for example.
This was an international order, grounded in the idea of inviolable national sovereignty. Every nation was sovereign. Second, nations did not conduct their affairs via conflict and war but by the rule of international law. Third, that there were human rights, and the object of this international order was to realize the human potential, the liberation of every individual. Though we all can list, chapter and verse, all the times we failed our own values, nonetheless, those values stand. So it’s important to have a kind of slow, managed transition, so that even as U.S. global power fades, that liberal international order that we built up at the peak of our power survives us.
That’s I think the troubling part of China’s rise. Because China does not stand for those principles.
DJ: What we can do to maintain these efforts toward human rights in the decline of the U.S. empire?
AM: I think that one of the most positive signs that we saw was when President Trump imposed his initial ban on travel from predominantly Muslim nations. That looked very clearly like a betrayal of the Constitutional protection of religious liberty, and furthermore a betrayal of the part of the mission of the U.N.: to deal with refugees. There’s a U.N. High Commission for Refugees. It manages what happens when people leave their state and they’re in the kind of limbo between states. The U.N. High Commissioner for Refugees moves in and does human rights work, provides food, clothing, shelter, education; and ultimately tries to get other states to take in people that have left their own state. This is a very important part of the maintenance of international order. In many ways, it’s the realization of the belief in human rights. We manifest it, we prove it by the way we treat those that are within the International order, who are stateless.
President Trump was challenging that very important international principle, imposing that Muslim ban and keeping the refugees out. This is triumphant nationalism: in his endless talks about sovereignty at the U.N. he undercuts the international community of nations, the rule of law, and the commitment to human rights. Sovereignty and boundaries transcends all. So there are Americans fighting that: hundreds of thousands of people across the country turned up at airports, lawyers came out and sat in the arrivals lounge with their laptops, filing appeals on behalf of people that were in INS holding behind the Customs barrier. That sort of popular outpouring in the United States represented a very deep commitment from a certain sector, I think a majority of the American people, to these principles and ideals. I think it’s important to keep up that kind of activity to defend these principles.
Sometimes our small actions, fighting for a refugee to get a visa, seems very small, just one individual or family. But it has profound implications for the principles of the U.S. liberal international order.
Then there is the resistance against some of the more excessive moves by the Trump administration. People who are fighting the wall, for example, which is a visible symbol of the closed nation-state, nationalism above all else. There are all kinds of manifestations of opposition to Trump that are ongoing. And that’s important, because whether consciously or unconsciously, all of the impacts upon the liberal international order.
DJ: I understand what you’re saying about the importance of resistance to Trump. That makes sense. With an ascendant Chinese imperial form, how does one maintain those human rights associated with the United States internationally? How does one extend that across the world?
AM: In very real terms, there was a lot of popular opposition to the Trans-Pacific Partnership. Nobody liked the secret arbitration tribunals that were going to be created by it. The Obama administration argued that in fact labor rights, environmental protections were inbuilt in the treaty far more than any other trade treaty. So there was a heavy debate on that issue. But basically, progressives joined nationalists and conservatives in an attack on the Trans-Pacific Partnership. And at the time, when we were titans standing astride the globe, with our power seemingly unchallenged, I don’t think people realized what was at stake. That 40% of world trade was at stake. And that if we gave it up it would go to China.
So the issue on the left, and even on the right was just “stop the TPP.” People were unaware of the implications of what would happen when you did that. That it would represent a kind of retreat of the United States from international trade. It would weaken our relationships with those 11 other nations, which were critical trade and strategic partners for the United States.
People looked just at the domestic side of the equation, and they didn’t realize the very important international implications. I would argue that, on balance, a kind of liberal response, maybe a centrist response to the TPP should not have been “stop it.” It should have been “Reform it, revise it.”
There will be other treaties like that. Something will come again, it has to. Because another administration is going to realize that China is capturing all this trade through these preferential agreements, and there will be a revival of these negotiations.
At that point I would say that we should have learned our lesson from the TPP. That popular forces should go in eyes wide open, realizing the trade-offs. You want to reform it, you want to revise it, you want to get the best deal possible, but if you kill it, China’s going to capture the trade and they are not concerned about the environment or the working conditions of workers. There will be no protections in the Chinese trade pacts. So if you’re concerned about the people in Indonesia, the Philippines, Bangladesh, and in the future, Burma, who are going to be working in those factories, producing goods for export; better that they’re in an American trade pact with sensitivity to those kinds of environmental and human rights and labor protections, than in a Chinese trade pact where it’s all realpolitik cash and carry, and the Chinese don’t care about those conditions.
I think we’re going to miss the American liberal international order, now that it’s fading and disappearing. We are going to come to appreciate it. We know its excesses to a fare thee well: manipulations of elections, torture, abortive wars, Viet Nam, Iraq, Afghanistan, the rest. But there’s the other side. The principles we stood for, and the international community we tried to build. We’re going to miss American hegemony as it fades away. We are going to miss the international rule of law, the environmental protection, the human rights, the community of nations that the U.S. has constructed. For that reason, it’s very important to realize the stakes, and to campaign in a way so that we manage this transition to a more multipolar world carefully and cautiously.
