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The Efficacy of the Modern Institution of International Law

“The Efficacy of the Modern Institution of International Law ” by Kapok Tree Diplomacy

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Introduction

International laDoha Roundw has evolved into a growing and complex body of rules and norms that states consent to based upon their concrete interests in a peaceful, prosperous and stable society. While international law differs and often competes substantively from municipal law, international law plays a predominantly positive role in allowing nations to benefit from the binding obligations derived from its sources. This essay will cover a brief history and definition of international law in Section One to include its sources and evidences followed by a comparison of international law with municipal law in Section Two with an emphasis on treaties.  The paper will conclude with some observations on how well the framework of international law actually works.

Section One – A Brief History and Definition of International Law

HistoryThe modern institution of international law has its historical roots in the sixteenth and seventeenth centuries with the evolution of the nation state in Europe.  Werner Levi notes, “The feudalistic entities with their relatively uncertain borders gave way to states based upon sharply defined territory” (qtd. in Dunoff, Ratner, & Wippman 5).  As states emerged, the need to communicate and coordinate according to definitive norms and principles also emerged as well as the need to delineate authoritative boundaries and interpret binding obligations.

The authority to rule over these sovereign territories was originally understood as a “divine right” proceeding from God or natural law, “a set of divinely ordained principles of state conduct, accessible to all endowed with right reason” (Reus-Smit 282).  Through influential philosophers like Hugo Grotius and Alberico Gentili, the concept of “positive law,” created by humans and practiced by states, began to take its place alongside and even supplant natural law as the primary basis for international law (Dunoff, Ratner, & Wippman 6). Read more

Dominant Issues in Free Trade and the International Economic System

Jeff Dwiggins:    Kapok Tree Diplomacy. All rights reserved. March 2010.

Dominant Issues in Free Trade and the International Economic System –  FREE CONTENTDoha Round

This study will analyze some of the most important themes of global trade beginning with the effects of globalization and interdependence on developed and developing countries and the benefits of trade liberalization.  Institutional leadership and governance are discussed, and the argument is made for free trade over protectionism with the caveat that protectionism may have a place in the strategies of developing countries.  The paper reviews the advantages of bilateral over multilateral agreements, the impact of technology on the diversification of trade, and how the elimination of barriers to trade and agreement on certain agricultural issues and subsidies would open up free trade to more players. The paper concludes by offering differing opinions on how best to help developing nations.

The views and opinions expressed in this paper are completely my own and do not represent the views or opinions of the Department of Defense (DoD), the Department of the Navy (DON) or any of the Armed Forces.

Section One – Globalization and Interdependence

The National Intelligence Council (NIC) describes globalization as a “growing interconnectedness reflected in the expanded flows of information, technology, capital, goods, services and people throughout the world” (“2020 Project”). One way this growing interconnectedness has manifests itself is in the sheer size of the world economy and the number of new economic powerhouses rising to prominent places on the global stage. The NIC states, “The world economy is projected to be about 80 percent larger in 2020 than it was in 2000, and average per capita income to be about 50 percent higher” (“2020 Project”).   Read more

Global Integration as Seen Through the Ideological Lenses of the International Political Economy

“Global Integration as Seen Through the Lenses of the Ideologies of the International Political Economy” by Kapok Tree Diplomacy

Preview                                              Written April 2010

Section One – Conceptions of IPE

Main Actors and Their Goals. Dunne and Schmidt state that “Realism identifies the group as the fundamental unit of political analysis” and “the state as the legitimate representative of the people” (93), while other actors such as international organizations (IGOs) or multinational corporations (MNCs) have lesser prominence (103). Realists view the international system as competitive and inherently anarchic, thus driving states to “simultaneously pursue wealth and national power” under the principle of self-help (Gilpin 425). Some realists argue that states are power maximizers, while others argue they are security maximizers (Dunne & Schmidt 101). The end goal in either case is survival, and economic success is central to each strategy.

Liberals position the “individual consumer, firm, or household” as the main actor within IPE. Gilpin asserts that the “primary objective of economic activity (for liberals) is to benefit consumers” by using free market principles for “organizing and managing a market economy in order to achieve maximum efficiency, economic growth and individual welfare” (421). Goal attainment is furthered by these actors peacefully cooperating in a way that allows supply and demand to settle into a natural, stable equilibrium (Gilpin 422). Other groups like IGOs and MNCs compete for centrality with states “through multiple channels of interaction”(Dunne 115).

The main actors within Marxism are social classes, principally the bourgeoisie upper class who owns the economic means of production and the proletariat lower class who works for the bourgeoisie (Lynch 537-539). The goal of the bourgeoisie is wealth accumulation for themselves and increasing power and profits for their class while subjugating the proletariat in the process. Gilpin notes that Lenin reformulated Marxism to the extent that “the principal actors in effect became competing mercantilistic nation-states driven by economic necessity” (430). Whether the main actors be classes or states, the goal is the same in Marxism – maximization of elitist interests.

Policies and Views on International Relations.  Gilpin asserts that the “foremost objective of nationalists is industrialization” as it is the “basis of military power and central to national security” (“Three” 425). Realists, or economic nationalists or mercantilists (as referred to in IPE terminology), also emphasize national self-sufficiency which may result in protectionist measures to insulate infant or declining industries (Gilpin,”Three”, 426).  James Fallows points out how politics drives economics in nationalism by comparing it to liberalism and illustrating the importance of “deliberate development,” production over consumption, results over process, “business as war” over “business as peace,” and national interests over individual interests (61-87). In realism, states seek to maximize their sovereign independence through wealth and power.

How Some Aspects of the International Economic System Impede and Some Enable Global Integration

“How Aspects of the International Economic System Impede or Enable Global Integration” by Kapok Tree Diplomacy

Download the essay here: https://kapoktreediplomacy.com/hp_wordpress/wp-content/uploads/2018/12/Aspects_of_Intl_System_that_Impede_or_Enable_Global_Integration_Dwiggins.pdf

Beyond Anarchy: How Wendt’s Social Constructivism and Cox’s Historical Materialism Redefine the International System and State Identities While Explaining Structural Transformation

Jeff Dwiggins – Kapok Tree Diplomacy – Feb. 2010 – All rights reserved.Jeff in Singapore

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The dominant and mainstream theories of world politics explain both changes to the international system and the unique identities, interests and actions of its actors in context to the conditions of anarchy, rationality, the system’s particular structure, and the material capabilities or preferences of its actors. While realists, neorealists, liberals and neoliberals have their differences, they all explain structural transformation and state identity without appealing to social forces or domestic politics in a significant way.

Alexander Wendt’s theory of “social constructivism” and Robert Cox’s “historical materialism” provide alternative perspectives that assign greater importance to social forces which address the fundamental structure of the international system and their potential to shape the identities, interests and actions of actors.

How do these alternative theories redefine the international system and state identities and explain structural transformation? This essay will answer that question by analyzing the views of Wendt and Cox in detail, explaining how they differ from realist, neorealist and neoliberal views, and determining whether or not they improve upon those theories.  I will begin with Wendt’s theory of social constructivism. Read more

The Genuine Nature of Chinese Intentions in Sub-Saharan Africa – Peaceful Coexistence or New World Order?

“The Genuine Nature of Chinese Intentions in Sub-Saharan Africa – Peaceful Coexistence or New World Order?” by Kapok Tree Diplomacy

PREVIEW    includes a Table of Contents. Complete essay is 5,920 words, 20 pages double-spaced, 29 references. Kapok Tree Diplomacy. May 2010.

Table of Contents

I.  Period Summaries of Growing China-Africa Partnership

A.  Period of 1950 – 1989

B.  Period of 1990 – 1999

C.  Period of 2000 to the Present

II.  China’s Mercantilist Intentions

A.  State Capitalism

B.  Trade Ownership Export Strategy

C.  Application of the Beijing Consensus in Africa

D.  Soft Power

E.  National Security

F.  Beijing’s New World Order

III.  Problems with Peaceful Coexistence – Resistance and Contradictions

A.  African Resistance and Unkept Promises

B.  Contradictions with China’s Fulfillment of the Five Principles of Peaceful Coexistence

IV.  Conclusions

Kapok Tree Diplomacy 22 May 2010  

The Genuine Nature of Chinese Intentions in Sub-Saharan Africa – Peaceful Coexistence or New World Order?  

This research paper will explore Chinese intentions in sub-Saharan Africa. It will analyze the following topics in context to China’s involvement with Africa: the ideological foundation of the Beijing Consensus; China’s trade and mercantilist development policies; the military and national security aspects of China’s activities; its strategic use of soft power and diplomacy; China’s push for a reconfigured, multi-polar world order, and the implications of this order and policies for Western nations, especially the United States.  

By carefully substituting national economic rights for individual human rights and non- interference over ethics and transparency, China imposes its own brand of neomercantilism and no-strings-attached foreign aid, making sure it obtains substantially more relative gains than Africa despite its constant ‘win-win’ rhetoric and assertions of equal partnership. The main thesis of this paper is that while China simultaneously and deftly pursues an aggressive geoeconomic and geopolitical strategy that seeks to counter Western global influence by cultivating an attractive, scalable model of strategic partnership in sub-Saharan Africa based on Eastern values of peaceful coexistence and non-interference, the inherent contradictions and values within this strategy undermine democracy, human rights, governmental stability, state sovereignty and long-term economic viability in Africa.  

The thread of China’s geo-economic goals of securing important supplies of natural resources to feed its growing economy and enhance its global economic sphere of influence and its geopolitical goals of strengthening its leverage, interests and security within the international order will be explored throughout the paper. The first section will trace the roots of the China- Africa partnership through modern times. The second section will cover the components of China’s complex strategy: state capitalism, a mercantilist export strategy, the Beijing Consensus and foreign policy, soft power, security implications and China’s expressed desire for a new world order. The third section will cover inherent contradictions within China’s strategy as well as African resistance to it. This paper will conclude with the assertion that genuine Chinese intentions are not completely benign, but instead primarily serve national interests and mask realist aspirations for greater power and leadership on a dramatically redefined world stage.  

Section One – Period Summaries of Growing China-Africa Partnership  

Period of 1950 – 1989.  

Kieran Uchehara describes three distinct periods in the growing China- Africa partnership beginning in the 1950’s and 1960’s when China supported several nationalist movements in African states who were striving for independence, followed by China’s procurement of a permanent seat on the United Nations (UN) Security Council, and concluding with the recent “liberalization and subsequent growth of the Chinese economy,” especially after the civilian uprising at Tiananmen Square in 1989 (96-97). An important component of the ideological roots of China’s partnership with Africa was solidified during the first phase, South- South cooperation and resistance to Western hegemony.  

This ideological thread formally emerged during the Bandung Conference which was held in 1955 and attended by 29 Asian and African nations (Uchehara 96). “Colonialism, imperialism and the hegemonic position of the Western powers” were main topics on the economic and cultural agenda (Uchehara 96). It was during this conference that the Five Principles of Peaceful Coexistence that would become a major foundation of China’s soft power impetus were adopted by China and Africa: (1) mutual respect for political and economic sovereignty; (2) mutual non-interference in internal affairs; (3) equality and mutual benefit; (4) peaceful resolution of conflicts; and (5) equal and fair representation in world affairs (Mensah 98). Mensah also notes that while China is often lauded for its respect for sovereignty and non- interference, multilateral cooperation with African nations is conditioned by one important principle: adhere to the one China policy and reject official relations with Taiwan “which its views as a rogue or renegade province (98).  

China increased diplomatic visits, sold military equipment, and provided some agricultural and medical aid to Africa in the 1970’s and 1980’s, while also constructing some first-class infrastructure projects including the 1,860-km Tanzania-Zambia (TanZam) Railway for about $455 million in 1976 (Meidan 74), the largest foreign-aid project China had undertaken to date. Michal Meidan explains that China turned inward in the 1980’s to modernize and beef up its economy to compete with the West, effectively putting Africa on the back burner (74-76).  

The events at Tiananmen Square, however, served to turn China’s focus on Africa “from one of benign neglect to one of renewed emphasis” as Western nations condemned Chinese Communist Party leadership, whom Naidu et al. asserts were caught “off-guard” and “demeaned” by the “sharp focus on human rights” (89-91). Several African nations had their own issues with human rights abuse and did not want to jeopardize important foreign aid from China although it was declining at the time (Naidu et. al. 91). Africa’s moot response to Tiananmen and China’s presumption of Western interference in its affairs resulted in the perfect storm that strengthened political and economic ties and ignited China’s “diplomatic charm offensive” in Africa to “push for a multipolar world order that resisted Western (U.S.) hegemony” (Naidu et. al. 91). The relationship would become more economically pragmatic in the 1990’s while retaining its ideological core.  

Period of 1990 – 1999.  

As China gradually adopted some liberal reforms in its economy in the 1990’s, its GDP grew by an average annual rate of 9.5% annually (Spero and Hart 407) and so did its thirst for oil. The Trade Law Center for Southern Africa (Tralac) reports that bilateral trade between China and Africa grew from $3.9B to $6.5B between 1995 and 1999 and imports of crude oil went from $258M to $875M in that same timeframe, though soaring to $3.6B in 2000 (“Total Trade” tab, 2010). China’s indigenous sources of oil are stagnant with annual growth of 2% a year versus soaring demand of 10% a year (Meidan 77).  

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The Limitations of Classical Realism

“The Limitations of Classical Realism” by Kapok Tree Diplomacy

To what extent has neo-realism addressed the limitations of classical realism, if there be any, and overcome them or not? The following analytical essay shall engage this question by exploring each theory’s core assumptions and then review the effect of these assumptions on key areas of understanding international relations to include philosophical perspective, definitions of power and security, the role of anarchy and rationality, the distribution of capabilities and balance of power, and a definition of the international system.

The essay will conclude by bringing both theories’ assumptions to bear upon the current crisis between the United States and Iran. Given the assumptions, I will draw conclusions as to which theory most accurately ascertains the situation and which is more likely to predict the outcome.

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