Showing posts with label political development. Show all posts
Showing posts with label political development. Show all posts

Saturday, March 8, 2025

The E.U.: A Step Toward a World Federation?

Does the European Union represent a novel paradigm and thus a step in political development? Whether this is so or not, can the E.U. be thought of as a step on the way towards a world federation? In a talk at Harvard in 2025, Anthony Pagden, a professor at UCLA, addressed these questions when the E.U. was just a few years over thirty—comparable to the U.S. in 1820. The question was not whether the E.U. too would lean towards political consolidation around a federal head, but whether the world was making its way institutionally toward the creation by compact of a world federation, which in turn could presumably stave off war. In 2025, the need for global accountability on willful, militarily-aggressive national governments was on at least some minds. The implication is that the global order based on national sovereignty was insufficient, especially given the advanced destructiveness of military weapons.

According to Pagden, the nation-state concept is at its core an ethnic concept that was extended in the 19th century to include states that had territory extended beyond that of a particular ethnic group.  Although nation-states had existed, the concept came into its own in the 1800s, so the modern notion of the nation-state is ahistoric, and thus perfectly capable of being superseded should political development occur. The related notion of sovereignty only became salient in the 16th century (e.g., Jean Bodin) and this continued in the next century in Hobbes’ Leviathan.  Hobbes’ assumption was not that governmental sovereignty could not be split like an atom, but that it should not be divided lest civil war break out. Europe was no stranger to war in the 1600s, given the Thirty Years War, which was based on religious differences bearing on political power.

Of course, the atom of sovereignty was split in the U.S. Convention in the following century, with the checks-and-balances in federalism being relied upon to keep the inherently unstable division stable. Although Pagden didn’t mention this point, he did say that relations between nation-states had historically tended to be through empires but more recently (in centuries) has been through federations. In the process, the very notion of sovereignty has been undergoing a gradual transformation. Whereas Russia’s President Putin once claimed that either a country is sovereign or it’s a colony, Pagden claimed that at least as of 2025, sovereignty had reached international organizations. Together with nation-states, the notion of multilevel sovereignty had come into its own. From this notion, Pagden claimed, a world federation would someday be likely. He cited Durkheim’s prediction that at some point humanity would form a global “social order” may be correct, but Kant’s claim that peace would only be possible but not probable under a world federation also deserves attention. Even if the world’s shift from empires to federal governments and international confederations (which actually extend back to antiquity--Sparta and Athens having headed military confederations) makes a world federation more likely, the question of whether having one would stave off war warrants reflection too. I think the key would be whether such a federation has enforcement power, for the U.N. has arguably sidelined itself because it lacks the authority and power to enforce its own resolutions and the veto mechanism on the Security Council is a contributing factor that relegated the U.N. to the sidelines as Russia invaded Ukraine and Israel ravaged Gaza—both cases evincing an utter lack of accountability from beyond the sovereignty of the nation-state.

Pagden stressed that even though historically, empires have shaped the geography of the modern world, federations will likely make an indelible imprint on the world in the future. “Empires and federations have much in common,” he said. Both are legal societies. But with respect to confederal international organizations, including the United Nations, “international law is controversial.” I would add that the lack of enforcement power renders such law de facto impotent in its own right, although such law can be used by nation-states in the exercise of their sovereignty on the world stage.

Even though empires and federations have elements in common—indeed, originally federations were exclusively international--empires are created by conquest, whereas federations begin by consent. In European history, countries that had sovereign states in Medieval times became political sub-units of federal nation-states in the early-modern period. Pagden characterized Germany, Switzerland, and Belgium as “centralized federalism.” U.S. Senator Tammy Baldwin once told me that Congress delegating functions to the state governments is “decentralized federalism.” Relatedly, Pagden said that the notion of subsidiarity comes from Roman law; only legislation that affects all of the political sub-units should be at the empire level. In his Political Digest (1603), Althusius relates this point to his claim that only the members at a level in a federal system are to be represented at the next-highest level: individuals belong only to the first-level. That Germany and Belgium are themselves states in the E.U. federal system resembles the structure of Althusian federalism, which is based on the Holy Roman Empire. By implication, geographically diverse U.S. states, such as California and New York, could federate and still remain as states in the U.S., just as Belgium and Germany in the European Union. Once you get the levels right, comparative federalism gets very interesting (and contentious, for most people compare apples with oranges—a state in one Union with another Union).

The ECJ says that the EU treaties evince a constitutional order, so common law from the ECJ is indeed law. Pagden disagreed with the European Court of Justice on this point, whereas I agree with the court. Even so, he said, “The E.U. is a federation even if not in name.” The contradiction is only apparent. The E.U., according to Pagden, is an exception—thus instantiating a new paradigm and thus a step in political development. He could have cited the Athenian League and Sparta’s confederation as evincing the close association that federalism has had with distinctly international rather than national political entities. The British Commonwealth too is international, but it being voluntary differentiates it from federalism, which has tended to be treaty-based.

I contend that to classify the E.U. as an international organization is incorrect. Unlike NATA, the UN, ASEAN, and the AU, the E.U. has a federal government of three branches: the European Court of Justice, a legislature (the Council of the E.U., the European Council, and the European Parliament, which represents E.U. citizens rather than states), and an executive branch (the European Commission). Like the U.S. the E.U. has federal institutions based on national (e.g., the ECJ, the Parliament and the Commission) and international (e.g., the European Council and the Council of the E.U.) principles. The U.S. House is based on national principles whereas the U.S. Senate is based on international principles—the same ones that the UN is based on). Both empire-scale federations, the E.U. and U.S., fall under the rubric of federalism wherein governmental sovereignty is “dual,” or split, whereas the UN and NATO are not, for full sovereignty is retained by the countries. Applicable to the E.U. as well as the U.S., John Stuart Mill claimed not only that federations are not stable over time, but also that a federation can become a nation-state. Indeed, the E.U. and U.S. effectively split the very notion of nation-state between two governmental systems over the same territory.

The basic paradigmatic likeness of the E.U. and U.S. flies in the face of Pagden’s argument that the E.U. evinces something politically sui generis; this point in turn he uses to claim that the new type of federalism is more useful than the American type as a basis for a world federation constructed by regional federations. I submit that the E.U. and U.S. are empire-scale federal systems and thus can be characterized as regional with respect to the global level. The E.U. doesn’t need to be unique for the construction of a world federation by consent to be achieved; the U.S. and E.U. both evince the useful step in that both federations fall under “modern federalism,” which Ken Wheare distinguishes from confederalism because only in the former type is governmental (not popular!) sovereignty split, whether by treaty, basic law, or constitution. Furthermore, that the interstate heterogeneity in both the E.U. and U.S. is a leap from intrastate diversity whether in terms of political ideology or culture qualifies both unions as being a useful step potentially if a world federation is someday to be constructed. The diversity within the E.U. is much greater than is the diversity within Germany, for example. The same applies to France. Hence federalism, in being able to accommodate differences, is more useful at the level of the E.U. (and the U.S.).

Pagden rightly points to Europe’s shared political and legal culture from Roman law, and all of the delegates at the U.S. convention were of European extraction at some point. A world federation would be another leap in terms of inter-state diversity because no such common cultural basis would apply. The distinction between British common law and the French code pales in comparison between ancient Roman and Chinese law. Also, the absolutist interpretation of sovereignty by the governments of Russia and China is a world away from the notion of dual sovereignty that characterizes “modern federalism” as evinced in the E.U. and the U.S, both of whose federal institutions are based on national and international principles depending on the institution. This hybrid is precisely what a world federation might need, and yet the notion of applying federalism to making a nation-state and yet one whose members are semi-sovereign (with residual sovereignty!) was even by 2025 foreign to a Hobbesian notion of sovereignty as unitary and absolute.

Therefore, I do not think that a new paradigm or type of federalism will be necessary for a world federation to be constructed. In fact, the hybrid that is at the federal level in the cases of the U.S. and E.U. can be useful, and even perhaps necessary, for such a federation not to succumb to impotence on enforcement. Yet I suspect this would be the sticking point for countries like Russia and China. Simply put, the absolutist view of national sovereignty must give way to make way for Wheare’s notion of dual-sovereignty in federalism for national governments, whether federated or not, to consent to a global federation. Staving off war is arguably worth scrapping the absolutist view, but try convincing Presidents Xi or Putin of this; after all, a very intelligent man, Immanuel Kant, thought that world peace would only be possible—not probable.

Thursday, September 26, 2024

On International Multilateralism: A Harsh Verdict on the UN by a Former Undersecretary

Speaking at Harvard in late September, 2024, Noeleen Heyzer, a former undersecretary of the UN, related the need for multilateral governance internationally to the need for the UN to evolve. The UN Charter created a system in which both large and small nations would be held accountable to international law: a rule-based order. This would protect the weak from the strong. Yet the Security Council has been unable to end wars. The UN is, according to Heyzer, “severely weakened,” so “(t)he strong do what they can and the weak suffer what they must.” Peaceful coexistence that rectifies power imbalances was at the time sorely lacking in Ukraine and Gaza. National vetoes in the Security Council were inflicting much damage on the UN's ability to respond. The implications for the UN, she admitted to me after her talk, are not at all good even concerning whether the international organization can reform itself sufficiently to rise out of abject failure.

Four global problems demonstrate the weakness of the United Nations as a multilateral institution by which countries can be held accountable. The UN’s response to the Covid virus pandemic was slow, and entirely in effective in getting China to share vital information with the world as the disease spread. China’s national interest—and the “face-saving” cultural reflex—was a threat to the interests of the global commons—the public health of the species, which should outweigh national interests even if not every national government is convinced. The climate crisis has demonstrated that binding multilateral governance has become necessary in part because of the growing power of MNCs, which are oriented to short-term profit and pushing costs to society (i.e., externalities.[1] Cybersecurity against hackers from abroad also demonstrates that the rule of law is needed internationally. Lastly, international security, which was severely compromised by the 55 conflicts going on in 2024, demonstrates just how damaging the national vetoes in the Security Council can be to international peace. The US invasion of Iraq, Russia of Ukraine, and Israel in Gaza leave us with the unhappy conclusion that no enforcement mechanism for international law exists. Impunity has been blatant, such that international law itself risks being utterly discredited. Ignoring international law and the use of national vetoes by allies of belligerent countries preempt international law, resulting in a heightened sense of unfairness globally.

Put in place in 1945, “(t)he current international system is out of date," she said. "We face a breakdown or breakthrough. Collective rethinking to make anther historical pivot is needed," she added. Diffusion of power has occurred since the UN’s founding. Fifty-one countries were initially in the UN. By 2024, the figure had reached 193 countries as members of the international organization. “The UN needs to evolve to reflect the shift in global power from the unipolar world of the US to a multipolar world,” she said. Global stakeholders include non-state actors; they should be included, she advocated streneously. “Solidarity is an act of enlightened self-interest,” she said. 

She reported that the UN was fundamentally rethinking how it could evolve to fit the reality of the twenty-first century.  A shift from a state-centric approach to one that engages diverse actors outside of the UN was needed, she argued, to protect our global commons. Economic inequality and social injustice undercut global stability, and thus should be emphasized more in the UN, she argued, as it evolves in the future. She emphasized throughout her talk that the UN should assume more of a role in rectifying economic inequality and patriarchy in countries that are members of the UN.

Thus far, I have briefly sketched Heyzer’s argument. I turn now to critiquing it. Although addressing economic inequality was a leitmotif in her talk, she said nothing of the impact of the UN’s humanitarian work around the world in alleviating economic inequality. To be sure, that humanitarian work has been a benefit to the species, especially in terms of food and disease, and the organization’s ideals too are of value, but I contend that neither saves the organization from the verdict, which I share with Heyzer, that the UN has failed overall.

Most significantly, a vague reference to the General Assembly working on how the UN could evolve does not reflect the severity of the impotence of the Security Council and the General Assembly in regard to restraining national interests that compromise or even eviscerate collective action on the four major problems discussed above. The countries having vetoes in the Security Council cannot be expected to willingly give up their respective vetoes. Political realism says as much. So, it is difficult to see how the major problem in the UN could be solved short of the non-veto members forming a new international organization—a substitute for the UN sans vetoes.

Even such a solution leaves the impotence in enforcement untouched. Putin in Russia and Netanyahu in Israel beginning in 2023 highlight the need for international law to “have teeth” (i.e., have credible enforcement mechanisms). By this I mean something more than mere embargoes, as those of the E.U. and U.S. against Russia in 2024 demonstrate just how difficult it is for embargoes to have sufficient economic impact to result in political/militaristic change in the embargoed country. I submit that vesting UN troops with more authority in using force to stop countries like Israel and Russia within their respective sovereignties geographically would be necessary for international law to be able to live up to the name of law. Theoretically, if international law is indeed law, then political realism should include the strategic interests not just of countries, but also whatever international organization(s) promulgate and presumably enforce international law.  

After her talk, I spoke with Heyzer to present my critique, which I said I would publish. She agreed with me that the veto powers on the Security Council would not agree to unilaterally give up their respective vetoes, so the non-veto countries of the UN would have to form another international organization sans vetoes, which the veto-holding countries of the UN could join. By implication, the discussions then underway in the General Assembly to reform the UN can be viewed as superficial rather than as serious attempts to reform the UN out of its paralysis in promulgating international law. She also agreed with me that without going further to address the impotence in enforcing the UN resolutions on the UN’s willful countries that violate UN resolutions doubtless with a sense of impunity, even a non-veto substitute organization would not be a viable solution unless viable enforcement mechanisms “with teeth” could be formulated and implemented. I suggested to Heyzer that in addition to not permitting the most powerful countries to wield veto-power in the Security Council, which would not improve enforcement, the UN troops would need additional authority to literally push back or arrest countries that violate UN resolutions or verdicts of the UN’s court by invading other members other than in self-defense. She did not reply to my suggestion itself, which likely means that she did not agree with it. Instead, she said, “creative thinking is needed.” I agreed wholeheartedly, and pointed out that even though our species has developed technology and economically both in terms of fiscal and monetary policy, having learned lessons from the Great Depression so another would not occur in the financial crisis of 2008, there has not been much in the way of political development since the Enlightenment. Heyzer agreed with me on this point, and that a burst of thinking was needed in 2024 due to the four emergent threats to our collective interests internationally discussed above. As I have already stated, she said the following crucial sentence during her talk: “Collective rethinking to make another historical pivot is needed.” I submit that such a pivot would go beyond, though be related to, merely voiding the vetoes and creating a mechanism of enforcement at the extant UN. Deep political principles are reexamined and shifted around for there to be a fundamental change sufficient to constitute a historical pivot.  

Climate change alone demonstrates that continuing with the principle of absolutist national sovereignty at the expense of multilateral international governance is nothing short of foolish. Continuing to rely on the UN to address the four pressing and dire problems impinging on international relations even though the consensus is surely that the UN itself has failed in its principal missions reflects very badly on humanity in its cognitive functioning. The lack of any significant public discourse on the need for a replacement for the UN is itself a red flag, or indication that our species is akin to race horses wearing blinders. Unlike the horses, we can take ours off. I don’t believe the problem is that we have hit the ceiling of the human brain’s ability to think; rather, too many people, even among the political and economic elites, have been giving things exogenous to thinking, such as ideology, stubbornness, and sheer complacency, too much weight in being able to distort or even displace reason.  

I submit that it is telling that a former undersecretary of the UN admitted that a substitute organization would be necessary—that a former high-ranking UN official has come to the unhappy conclusion that the UN is not able to adequately reform itself, given the hegemony of the veto-wielding member-countries (which are not member-states, as some reporters erroneously claim, since the UN is an international organization rather than a federal government). The implications are indeed dire for the UN.

Simply put, unless or until another international organization or government is established for multilateral international relations funneled by an institutional structure and procedures, the international arena will continue to instantiate the state of nature. Ultimately, the doctrine of absolute national sovereignty must give way for multilateral international relations to rise from the barbaric state of nature. Although the UN’s ideals were still of value as late as 2024, it can be argued that the UN itself had dropped to the status of a dead corps still twitching, as evinced by the sheer dismissive impunity of Russia and Israel as they both ravaged exogenous territories not permitted by the UN, which also had no ability to constrain countries violating the Paris Agreement on carbon emissions. If the UN had become impotent in preventing or stopping war and in literally saving the species from possible extinction (not to mention saving coastal cities around the world), is this not a stark indication that the international organization had failed and thus that a substitute or alternative was already warranted?

That an organization that was so clearly failing would continue nonetheless to function as if it were viable and be treated as such by national leaders points to a basic flaw in the human brain. To act as if and not even cognitively recognize that the route is futile goes beyond cognitive dissidence as a mental error. The lack of any public discourse on replacing the UN after Putin and Netanyahu had so easily dismissed strictures set by the UN is itself problematic. If someone tells people not to cross a line in the sand and yet they do anyway, and with impunity, to treat the teller as at all credible is nothing short of pathological.


1. In the case of democracies, governments have an electoral interest in increasing GNP even by refusing to constrain fossil fuel extraction, refining, and consumption. Autocracies have a cash-flow interest in maximizing exports, which may include oil and conventional vehicles. During its invasion of Ukraine, Russia sent its embargoed oil through Saudi Arabia and India, which were then able to sell the oil to the West without disclosing the source.


Tuesday, August 8, 2017

Democratic Protests in the Middle East: A Conflagration of Historic Proportions amid a Constancy in Human Nature?

Perhaps by looking back on one's own time as though it were already historical, it is possible to assess whether what one is witnessing on the global stage is truly significant from the standpoint of human history or merely of that which history is replete. In the context of the popular protests in the Middle East in early 2011, the question is perhaps whether the world was witnessing a Hegelian burst of freedom or merely more of the same in terms of political revolutions. According to The New York Times, popular movements were "transforming the political landscape of the Middle East" in the wake of the protests in Tunesia and Egypt.  For example, in Bahrain, "as in Tunisia and Egypt, modest concessions from the government [were] only raising expectations among the protesters, who by day’s end [on February 15, 2011] were talking about tearing the whole system down, monarchy and all."  The prime minister, Khalifa bin Salman al-Khalifa, the king’s uncle, had been in office for 40 years. Accordingly, the protesters were asking not only for the release of political prisoners, but also "the creation of a more representative and empowered Parliament, the establishment of a constitution written by the people and the formation of a new, more representative cabinet."


The New York Times placed the protests in Bahrain in the wider context of the protests that had recently occurred in Tunesia and Egypt. The Bahrain protests, "inspired by the uprisings in Tunisia and Egypt, have altered the dynamics in a nation where political expression has long been tamed by harsh police tactics and prison terms." (italics added)  However, it was not clear at the time of the protests whether the thread of inspiration was determinative to such an extent that the landscape of the Middle East itself would be transformed as a result. In allowing the protests, the king of Bahrain may have assumed that he could stay in control and thereby reduce the strength of the "inspiration" by giving the protesters some space to do their thing and presumably get it out of their system. However, Ibrahim Matar, an opposition member of Parliament who joined the crowd of protesters, said, “Now the people are the real players, not the government, not the opposition.” It is interesting that he dismissed his own movement (i.e., the opposition) rather than trying to take credit for the uprising.  If Matar was correct, the spread of protests throughout the Middle East had the wherewithal to fundamentally change the means by which people would be governed in the region. That is, the protests could have been a transformative wave wherein people finally had within their sight the possibility that government could be of and by the people. The revolutions in Tunesia and Egypt would not have been isolated incidents in a long world history of sporatic revolutions without autocratic government itself being expunged from the tired face of the earth. The question that captivated the world watching the Egyptians protest was whether something different might have been going on. 

Whereas the twentieth century had hosted technological change on many fronts, political development was not among the areas of progress. When the twenty-first century had gained enough of its own years to claim its own time, the question may have become whether the human race was  ripe then for a leap in political development. If so, the trigger would not be in the democratic nations that preach representative democracy; rather, it would be in the people themselves who had lived under autocratic rule. It is as though there were a spreading suddent awareness that they didn't have to take the abuse anymore; they could simply say no--though "simply" is the wrong word here as saying no in a state such as Iran, for example, was at the time still prompting a barrage of bullets from government soldiers. It was clear that the autocratic governments had different strategies with respect to the protests.  The question was perhaps whether the thrust of the wave had rendered the choice of strategy nugatory. In other words, was the world witnessing the beginning of the end for autocracy or dictatorship as a means of governing human beings, or merely the latest round in a series of revolutions that have been an intractable part of human history?  Did Tunesia unleash a burst of freedom that can be placed in a Hegelian progression of human history wherein human spirit comes to realize itself in greater freedom, as per its nature? That is to say, were we witnessing a Hegelian moment? Can the protests in the Middle East in 2011 be interpreted as marking a fundamental political change or even a new awareness in humanity?  I suppose the answer would depend on whether the protests spread like a forest fire across highways and byways such that no dictator would remain standing not only in the Middle East, but, moreover, in the entire world as well.

Lest we get too carried away in celebrating the salubrious evisceration of autocratic government, we should not forget that representative democracy is far from perfect. Left without any viable competitors, this system of government could be more subject to abuses from within. If representative democracy is the beneficiary of the extinction of autocracy, might democracy as an ideal be like capitalism in the wake of the demise of the USSR (and communism in China)?  In other words, might the hegemony of representative democracy ironically make it more likely that the drawbacks of such democracy gain in force, or at least become more transparent?  Just as the financial crisis of 2008 rather than the USSR demonstrated that the market mechanism itself is flawed in how it accommodates increased volatility (by freezing up rather than accommodating it), perhaps once the world is populated by republics we might come to see the internal flaws in what the U.S. Founders called "excess democracy."

The protests in the Middle East reminded the world that history is not very predictable. Similarly, history can be quite ironic, given the fixity inherent in human expectations. As we the West welcome our brothers and sisters in the Middle East into the family of free nations, let us not get too self-congratulatory, for our institutions are far from perfect.  We are all human, all too human. Yet in spite of human nature as its constant, human history may contain a progression wherein humanity the world over comes to realizations that insist upon or inevitably lead to greater self-realization. Humanity's realization in the early twenty-first century may involve political development. I suspect that the next turn will concern religion. After that turn, the world will be quite different than for those who lived before even the technological revolution in the twentieth century.  In other words, modernity may well be characterized in terms of succeeding intervals of technological, political and religious transformation--altogether evincing a huge amount of change even as human nature remains constant.  The question might be how much change is possible given the constancy of our nature, or do some change elements change human nature? In the context of the protests in the Middle East, human nature looks pretty much the same as it has been for eons.  Yet the future change may shift the basis-point in human biology and psychology such that even more change becomes possible.

Source:

Michael Slackman, "Bahrain Takes the Stage With a Raucous Protest," The New York Times, February 15, 2011.