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a question « Previous | |Next »
March 31, 2006

A good question. How should one read Carl Schmitt's Der Nomos der Erde ---The Nomos of the Earth in the International Law of the Jus Publicum Europeaum--- in view of the present European-American controversy about the unilateral assertions of power by the US?

On this Martti Koskenniemi says:

One alternative is to suggest that its critical analysis is largely correct.The United States is embarked on a morally-inspired crusade opposed by a Europe that invokes the formal law of sovereign equality under the United Nations Charter. There is undoubtedly something right in such an analysis. It is especially hard to avoid thinking about the American rhetoric of freedom as anempty form through which the United States asserts its unconditional sovereigntyover the world. This would be empire, and the only remaining question would be whether it is a "rational empire," inspired by genuine confidence in the universalityof the moral truth for which Washington decision-makers see themselves ascarriers (in Schmittian terms, the United States as a kind of "commissarial dictatorship" upholding the substantive constitution of the world by a suspension of its formal provisions); or whether the right characterization would be of a "cynical empire," lacking such faith though still using its language. Both alternatives would be compatible with understanding American acts in terms of a political theology (of freedom) in the strict Vitorian sense: one's unconditional deference to right authority as the sole standard of evaluation, whereby one's acts would be automatically virtuous whether their consequences were good or evil... This is the logic of (American) nationalism: the unquestioned authority of my (liberal democratic) country as the sole normative standard..

Well that is how I read the US assertion of unilateralism and hegemony--a cynical empire-- even though I do have doubts about the European conception of international law as a system of rules based on universal values expressed as human rights.

| Posted by Gary Sauer-Thompson at 8:58 PM | | Comments (5)
Comments

Comments

Foreign relation are dominated by power politics. Australia has been somewhat unique under Howard in how little power politics it plays. We connect like gossamer threads to the "great and powerful friends" in an entirely uncritical nature.

We do not make bold efforts to increase our influence and power, we just don't even try. One of the biggest economies, militaries and best known nations on the planet, and we are too scared to stand on the global stage as a powerful entity.

Unusual.


Cameron,
It is how we conceptualize the 'the global stage' that is important. The ALP used to do so in terms of international law between the world of nations and by giving authority to the UN to sort out conflicts between nations.

It was accepted that the United Nations Charter was universally been recognized as the constitutional document of the international community of states.Gareth Evans convergence thesis---liberal democratic capitalisit regimes was premised of the Kantian view:

that the international world will in due course organize itself analogously to the domestic one, as a vertically constraining system of law manifested in notions such as jus cogens or universal jurisdiction over crimes against humanity, and that it is the business of international institutions to bring this about.

Keating worked in terms of regional groupings sorting things out re trade. Where does the Beazley ALP stand? --I don't know.

The Howard conservatives have simply trashed this European tradition of international law. They go along with the unilateral assertions of power by the US and say well, we'll do that too in our region. For the Australian neo-cons the world is sharply divided between us and the enemies of freedom; with the war on terrorism as a morally-inspired and unlimited total war, in which the adversary is not treated as a just enemy.

I suspect that the Australian neo-cons tacitly understand the world of nations in terms of Schmitt's "commissarial dictatorship".

Gary, Yeh I am not sure where Beazley stands. I knew with Latham. I actually wrote an article prior to the last election comparing the two parties approach to foreign policy and how effective it would be in terms of terrorism.

I prefer the Keating/Evans style of foreign policy to the Liberals/Labor one. I say Labor one because other than Keating all the Labor governments have followed the "great and powerful friends doctrine" too.

"Asian Engagement" is a pretty audacious view of expanding Australian influence and power. Asian is a bit of a misnomer, I recall Keating trying to set up a trading block of all nations who bordered the Indian Ocean. From South Africa, to the Middle East, to India to Thailand to Australia.

That is an amazing vision of Australian power. It didn't come off as Keating was ahead of his time in many things. But even so, Howard has not played power politics at all, yet Keating pretty much defined foreign policy upon it.

Asian Engagement was also predicated on the complete embrace of Australia on foreign policy. It wasn't just diplomatic it was the extension of Australian diplomatic, economic, military, cultural and social influence.

I find it ironic that Howard's greatest foreign policy success was East Timor when he adopted Keating's style of foreign policy. It is a shame Asian Engagement has such a regional name, though I understand why it was called that. They should have called it international rationalism or something.

Cameron,
Beazley's defence strategy is oneof of self-reliance

He took a hardline attitude to asylum seekers, before and after Tampa, which most comprehensively separated him from his party's left.

He is probably the most unambiguously pro-American of the current ALP leadership group, since the declaration of the war on terrorism and the invasion of Iraq, and is supported by all those who support the Bush Administration's strategy of unilateralism and preventive war. As defence minister in the late 1980s when New Zealand opted out, Beazley held the ANZUS alliance together.

An indication of this thinking.


Gary, Yeh he will follow the great and powerful friends doctrine. It has about a centuries worth of failure behind it now, so *good* policy decision there.