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 <title>open Democracy News Analysis - Hirst on Bobbitt, Paul Hirst  - Comments</title>
 <link>http://www.opendemocracy.net/conflict-americanpower/article_690.jsp</link>
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<item>
 <title>Hirst on Bobbitt, Paul Hirst </title>
 <link>http://www.opendemocracy.net/conflict-americanpower/article_690.jsp</link>
 <description>&lt;p&gt;&lt;i&gt;&lt;a

href=&quot;http://www.amazon.co.uk/exec/obidos/ASIN/0713996161/qid=1036156268/sr=2-1/ref=sr_2_3_1/026-8236502-3262019&quot; target=_blank&gt;The

Shield of Achilles&lt;/a&gt;&lt;/i&gt; is the most thought provoking book on the future

of war and the international system to have appeared for some considerable

time. It both challenges and occupies the space between the two dominant

current positions on international politics that threaten to undermine both

global governance and security.

 

&lt;p&gt;On the one hand, there is the

narrow nationalist agenda of the ultra-conservative elements in the Bush

administration in the United States. This position is simultaneously

unilateralist and interventionist, but it acts only on the most self-serving

construction of American interests. If it were not an oxymoron it could best be

called an imperial isolationism. In the end, this policy will damage both the

USA and the West generally; for it makes no wider appeal and yet imposes

sacrifices on others.

 

&lt;p&gt;On the other hand, liberal

internationalists seek to achieve global governance by going beyond the nation

state. This second group believe that peace is the normal condition and war an

aberration. They think peace can be ensured by the growth of an international

law superior to states, and by peace enforcement orchestrated by the United

Nations (UN); and that the international system needs to be democratised and

made more inclusive, with the great powers acting through the UN or not at all.

But this position ignores the real inequalities of wealth and power. It thus

lets the great powers off the hook; they have no higher obligation to ensure

peace and order on their own and are thus freed to pursue narrow self-interest.&lt;div class=&quot;pull_quote_article&quot;&gt;&lt;div class=&quot;pull_quote_image&quot;&gt;&lt;img src=&quot;http://www.opendemocracy.net/content/articles/690/images/and justice for all.jpg&quot; alt=&quot;and Justice for all&quot; border=&quot;0&quot; /&gt;&lt;span class=&quot;image_caption&quot;&gt;&lt;i&gt;...and Justice for all: a seminal album by Metallica&lt;/i&gt;&lt;/span&gt; &lt;/div&gt;&lt;p&gt;Bobbitt&amp;#146;s book also reminds us

that, for all its apparent insularity, books of this quality and seriousness

about foreign affairs are only written in the USA. The USA is the architect and

guardian of the current international order, and it does continue to produce a

real intellectual debate on the future of foreign policy.

 

&lt;p&gt;Bobbitt&amp;#146;s book has three real

strengths. Firstly, it links history, strategy and international law. Since the

formation of the modern state and the international system in the 16th and 17th

centuries, the world order has been shaped by a series of epochal wars and the

major peace treaties that have followed them. International order emerges from

a combination of military victories and the consequent forms of international

law that regulate the affairs of the society of states. War and peace, law and

order are inseparable features of the society of states, and wars are shaped by

the historical visions of possible regimes and the international goals of the

leading actors. History explains the goals and the political will that lead to

definite strategies. This will not end. The society of states will continue,

augmented by other actors. We shall never have a supra-state international

order. Equally, pure international anarchy has never existed &amp;#150; states have

never been absolutely &amp;#145;sovereign&amp;#146;, their attributes and policies defined

independently of the society of states.

 

&lt;p&gt;Secondly, it shows how, at each

stage in the evolution of the state system, new forms of military power, new

regimes of government and new constitutional settlements for the international

system have interacted. Military history, political history and the history of

international law need to be rigorously integrated in a way that they have

seldom been. Military revolutions and revolutions in constitutional ideas, both

domestic and international, drive the system.

 

&lt;p&gt;Thirdly, against much fashionable rhetoric about

globalisation leading to the &amp;#145;death of the state&amp;#146;, Bobbitt recognises that the

continued survival of the state is a necessary part of any viable international

system. The market, both domestically and internationally, needs to be

undergirded by both military force and law. A global economy needs law,

transparent common rules, and order, a peace based on durable force, to make it

work. Economic liberal fundamentalists and liberal internationalists are both

wrong. The market cannot survive by itself and law above the state will fail if

it is not based on what norms the most powerful states will actually follow and

enforce. Bobbitt argues it is not the state per se but the nation state that is

in decline, a regime whose primary role was to ensure the domestic welfare of

its citizens. It is being replaced by the market state. This state uses the

private sector wherever possible as the means to its ends, and aims to ensure

the maximisation of opportunities, both domestically and internationally, for

its citizens.

 

&lt;p&gt;The market transforms but does

not displace political power. The international system is based on a

fundamental inequality in the military, economic and cultural power of states.

This needs to be recognised if the society of market states is to be preserved.

The USA, as the most powerful state, needs to be ready for the possible

conflicts and challenges that may disrupt the current international system and

economy &amp;#150; ranging from the possible future hostility of Russia and China, or

their collapse into anarchy, to supra-national terrorism, to economic conflict

between the different varieties of the market state. To do this, the USA needs

to configure its forces to the technological drivers of the revolution in

military affairs, to be prepared for various kinds of conflict, but also to

rebuild a viable constitutional and legal order for the society of states. The

USA needs to stand for wider principles in the society of states if it is to

defend its own interest. It is the sole true international power and is

responsible for the current world order. This order is based on the principles

of the Peace of Paris of 1990, which finally concluded World War Two &amp;#150; that is,

democratic government, market economics and human rights. This cannot be done

on a pure &amp;#145;America First&amp;#146; basis.

 

&lt;p&gt;The most problematic claim

Bobbitt makes is that an epochal long war between 1914 and 1990 has just ended

in the Peace of Paris. The issue of that war was which of the three competing

systems of social organisation &amp;#150; fascism, communism and parliamentarism &amp;#150; would

prevail. Victory means that the policies that enabled the West to prevail in

the long war can no longer guide it. Democracy is now widespread and the nation

state has been superseded. This is an extreme version of the argument that the

West needs to re-think its strategy after victory in the cold war.

 

&lt;p&gt;The long war only makes sense

if, as Bobbitt claims, Germany was a fascist power before World War One &amp;#150; bent

on world domination and controlled by an authoritarian regime. This is grossly

to simplify the complexities and ambiguities of German policy from 1906&amp;#150;1914;

Bethman-Hollweg or Wilhelm II are unlikely Nazis. The contest

between the three ideologies in the 1920s and 1930s was real, but it was

completely and contingently connected to the conflict of states. It is

difficult to imagine the success of Nazism without the Great Crash of 1929, and

without Hitler German objectives could have been accommodated by appeasement.

Equally, Stalin&amp;#146;s Russia was an internationally conservative rather than a

truly expansionist and aggressive power &amp;#150; its post 1945 annexations were

essentially defensive.

 

&lt;p&gt;The three allies during World

War Two were contingent belligerents. Had not Germany attacked Russia and

declared war on the USA, they might have been destroyed or contained piecemeal.

This contingency applies as much to the UK and USA as to the USSR; they were

rivals as much as potential allies. The British Empire was fundamentally

threatened by American policy. American victory was close to complete in 1945.

Both Russia and the UK were economically prostrate and neither had the atomic

bomb. The USA was able, with British compliance, to impose its version of a

liberal international order after 1945 and make it stick. Russia was not a

genuine competitor for world order, but an outsider power that could be

contained.

 

&lt;p

&gt;Why was 1945 so different from

1914? Firstly, Japan and Nazi Germany were destroyed as states and could be

rebuilt in the Western image, whereas the defeated and disappointed powers in

1918 were left to their own devices. Secondly, hegemony was not fully settled

in 1918. Britain&amp;#146;s hegemony was over, a fact that became obvious when it

conceded naval parity at Washington in 1922, but the USA was not ready to

assume a new hegemony. Thirdly, the reconstruction of the international economy

in 1918 was premised on the illusion that the institutions of the &lt;i&gt;belle époque&lt;/i&gt; could be rebuilt, Gold

Standard and all.

 

&lt;p&gt;The USA triumphed in 1945

because it was both the greatest power and the sole possessor of an enforceable

vision of a possible international economic order. It offered membership and

benefits to other states. The USA both underwrote the Bretton Woods system and

invested heavily in the economic success of its allies and former enemies. The

Soviets and Nazis were not real competitors in this respect; their ideologies

had no place for a genuine inter-state order based on an acceptable economic

settlement. For them, other states were mere vassals, to be exploited and

plundered. Thus, it is better to think of a thirty years war between 1914&amp;#150;1945

than a long war. The cold war was a separate struggle, predicated on American

victory.

 

&lt;p&gt;Between 1815&amp;#150;1914, the British

dictated the terms of the international system because of their economic,

financial and naval power, and the rivalry of the European powers was

subsidiary to this. Only when the European powers moved from cooperation to conflict

did the coexistence of the two systems, a liberal world economy and a

continental balance of power, become impossible. 1945 enabled the USA to

re-create an open world economy on new foundations and to marginalise the one

rival in great power politics through a strategy of containment. Thus, 1945 is

the decisive break, not 1990, and it leaves the USA confronted with the need to

bear the burdens of the system it has created and from which it has benefited

by a truly hegemonic policy &amp;#150; one that combines force and assistance as Truman,

Marshall and Kennan did after 1945.

 

&lt;p&gt;The next most problematic aspect

of the book is the concept of the market state. This is the last of a long

series of transformations in the book connected to epochal wars. To my mind,

Bobbitt&amp;#146;s account of the development of the state involves too many

distinctions without fundamental differences; thus he distinguishes between the

princely and kingly state, the territorial state, the state-nation and the

nation state. Since the 17th century, the basic form of government has been the

sovereign territorial state, that is, the exclusive ruler of a distinctive

domain. Such sovereignty was a mixture of external recognition, states that

were organised and behaved in a way acceptable to other members of the

international system, and the capacity to prevail over lesser powers within and

to exclude trans-territorial political actors.

 

&lt;p&gt;Once such a form of exclusive

government is established it requires legitimisation, since it imposes on the

subject one primary loyalty instead of the competing claims of the various

political and social agencies of the Middle Ages. That loyalty was first

supplied by religion; overcoming the religious wars enabled states to

territorialise their religious constitutions and to exclude competing

confessional claims on loyalty. Only then could states be really sovereign and

build legitimisation on the basis of religious identification and dynastic

loyalty. The model states in that regard were England, the Netherlands and Sweden

&amp;#150; all could complete the transition to nation states without fundamental

upheaval.

 

&lt;p&gt;Nation states were constructed

from the 18th century onwards out of sovereign territorial states and they

remain the dominant form with three varieties: the patriotic republic (France,

USA), the ethnic nation (Germany, Poland) and the civic nation (Australia,

Canada). These forms seem to me more durable than the notion of the market

state. Territoriality and nationalism still dominate the forms of state

legitimisation, despite high levels of international trade and cultural

interchange. The reasons why territorial forms of government continue to

predominate and only they are unlikely to be superseded by international

agencies or trans-territorial political forces are fourfold:

 

&lt;ul&gt;

 

&lt;li&gt;&lt;p&gt;It is

still a fundamental principle of the international system that there be no

territory without an effective and exclusive ruler who can bear the

responsibility for events arising from within its borders. Without such rulers

&amp;#145;black holes&amp;#146; are created that suck in and destroy the prevailing forms of

international order through terrorism and crime.

 

&lt;li&gt;&lt;p&gt;It is

also the case that an open international economy, a space of exchange between

national territories, only works if it is defined and defended by public power,

which in the last instance means states. So-called transnational companies

realise this and cluster in the G7; over 90% of the FT 500 global companies are

based in North America, the EU or Japan.

 

&lt;li&gt;&lt;p&gt;Trans-territorial

political agencies have two key defects: they are exclusive and thus weakly

legitimate, a fact that limits the political claims of most non-governmental

organisations (NGOs), and they find it hard to control members, they have the

option of voluntary compliance (most NGOs) and extra-legal compulsion (criminal

and terrorist networks).

 

&lt;li&gt;&lt;p&gt;The

populations of most states are not economically mobile. They are neither rich

enough nor poor enough to move, lacking the skills of the international

technocracy or the desperation of economic migrants. Thus they share the

national territory as a community of fate.

 

&lt;/ul&gt;

 

&lt;p&gt;The notion of a market state

comes close to an idealised Clintonite description of the USA: ignoring the

existence of an extensive welfare state that benefits the old and the well-to-do

but not the poor; the pervasive bureaucratic and legalistic regulation; the

massive state spending on subsidies to agriculture and to high-tech industries

in the form of military R &amp; D and federal grants to universities for

research; the restrictive trade policies; and the ability to profit from

control of the capital markets and the US dollar as the medium of world trade.

 

&lt;p&gt;The image of a state that uses

private sector methods to promote opportunities for its citizens to create

wealth is partial; most states including the USA are still into old-fashioned

policies of providing welfare to citizens. They have to be. Indeed, the more

internationalised the economy, the greater the need for the state to intervene

to protect the national interest abroad and to protect citizens from

internationally generated shocks. This has been obvious for a long time in the

highly internationalised smaller European states that could not use

macro-economic policy as a cushion against external shocks. They all have

higher than average levels of public expenditure and extensive welfare

provision. Social security enables people to maximise their opportunities just

as much as good education; it enables people to adapt and change. Such states

are not eliminating welfare. States such as Denmark and the Netherlands have

levels of productivity comparable to the USA and as good a record on job

creation.

 

&lt;p&gt;Equally, those developing

countries that have industrialised to Western income levels &amp;#150; South Korea,

Singapore and Taiwan &amp;#150; have done so by domestic capital formation, not by

running policies to attract foreign capital. Those states most committed to

attracting foreign capital have suffered the greatest reverses as a result of

the instability of foreign markets, such as Indonesia, whereas Malaysia has

been able to successfully impose exchange controls because it has concentrated

on attracting long-term direct investment. Thus, the nation state in both the

developed and developing countries is far from finished.

 

&lt;p&gt;Bobbitt presents three models of

the market state &amp;#150; the entrepreneurial, the mercantile and the managerial &amp;#150; but

sees the former, identified with the USA and UK, as the superior option. Yet

the entrepreneurial aspects of US capitalism look less and less like a model

for all other advanced societies: the US record on productivity in the 1990s is

more modest than was once believed; the stockholder value model has led to

immense value destruction as a result of the dot.com and telecoms investment

boom and the generalised stock-market asset price bubble; US corporate

management and governance have been shown wanting by the Enron and World Com

scandals; and the high dependence on external lending for domestic capital

formation is beginning to unravel. This does not mean US capitalism is incapable

of weathering the crisis, merely that there is no reason to take the particular

economic institutions and practices of the USA as a model for all successful

economies.

 

&lt;p&gt;A better term might well be

liberal rather than market states. In some ways the international economy has

returned to some of the features of the pre-1914 period, with large

international flows and the dependence of many governments on the fluctuations

of the bond market. In that sense the period from the 1930s to the OPEC crisis

of 1973 was unusual. Since the formation of the state system in the 17th

century, states have been constrained by financial markets. Those most able to

borrow long at low interest rates, such as the UK and the Netherlands, have

been most successful at sustaining the cost of their wars and profiting from

them.

 

&lt;p&gt;The final distinctive position

Bobbitt advances is that on international law. He is fundamentally hostile to

the conception of international law promoted by believers in global governance.

The notion of such law as universal &amp;#150; that it applies equally in the same way

to all states, that it emerges from the sovereignty of the world community, and

that it applies like national law, as superior rules that cover individual delicts &amp;#150; is fundamentally misconceived.

The society of states has always had norms; sovereignty was permitted only to

those bodies that played by the prevailing rules. Such law amounts to the

customs and usages of the society of states not to a superior justice above

that society. Sovereignty was never absolute &amp;#150; the great powers intervened to

enforce norms, against states that defaulted or that exported chaos.

 

&lt;p&gt;The difference now is that

current conceptions of law aim to limit the powers, whereas the need is to

construct &amp;#145;coalitions of the willing&amp;#146;, able to enforce international order.

International norms have to recognise real differences of wealth and power

between states &amp;#150; the USA and Somalia are not equals in the way citizens are

equal before domestic law. The UN cannot be a viable source of the will of the

international community, a source of &amp;#145;sovereignty&amp;#146; for lawful international

action. It has little legitimacy. The General Assembly is dominated by poor and

weak states, the Security Council by a random collection of states plus an irrational

sub-set of the major powers. A more &amp;#145;democratic&amp;#146; system based on one state/one

vote would make decisions intolerable to the established democracies.

 

&lt;p&gt;However, the members of the

society of states that enforce norms must also stand for something greater than

mere self-interest, an international order that benefits those subject to it.

This can only happen if the basis for such norms is the principles of the Peace

of Paris: democracy, markets and human rights. The powers are better protectors

of such rights than a chaotic division of labour between the powers, the UN and

international lawyers &amp;#150; that way lies Srebrenica. Human rights are better

enforced by states acting together than by international courts ruling after

the event.

 

&lt;p&gt;Peace can only be founded on a

combination of strategy and law, coupled with a sense of history that makes

clear the purposes for which states will fight to preserve peace. War is a

necessary part of the order of peace; Kant realised this, his league of states

remained capable of self-defence and aware of the costs of war. A &amp;#145;perpetual

peace&amp;#146; in which war is banished is inconceivable because it has no place for

its own preservation. If conflicts cannot be settled or contained, they will

occur on a scale greater than if prudent stewardship of the powers is

exercised.

 

&lt;p&gt;I tend to agree with this and

believe the current hubris of international lawyers and cosmopolitans will ruin

the enforcement of international norms. Like a failing domestic legal system

they will fitfully criminalise those who are either weak or unlucky. However,

this means the powers have to be both prudent &amp;#150; it would impose

disproportionate suffering to act on certain human rights violations &amp;#150; and also

principled. Currently, they fall below the latter standard and, in the case of

the Bush administration&amp;#146;s various threats, such as the invasion of Iraq, the

former too. Bobbitt offers an outline

of the conditions for a viable society of states (p. 802) and for intervention

(p. 803); these should be read carefully in the State Department and the White

House.

&lt;/div&gt;&lt;div class=&quot;pull_quote_article&quot;&gt;&lt;div class=&quot;pull_quote_image&quot;&gt;&lt;img src=&quot;http://www.opendemocracy.net/content/articles/690/images/Achilles&#039; shield on vase.jpg&quot; alt=&quot;The shield of Achilles&quot; border=&quot;0&quot; /&gt;&lt;span class=&quot;image_caption&quot;&gt;&lt;i&gt;The shield of Achilles on a 5th century BC Athenian vase&lt;/i&gt;&lt;/span&gt; &lt;/div&gt; 

This book has many admirable

features, much as Achilles&amp;#146; shield was designed to dazzle, but the hero&amp;#146;s

armour did not protect him from a deadly weakness. In the same way, Bobbitt&amp;#146;s

book for all its impressive learning and wide scope has a fatal flaw, which may

be as dangerous as Achilles&amp;#146; vulnerable heel to Western policy. The book really

flunks two major issues that are crucial to conflict in the 21st century. 

 

&lt;p&gt;The first is global warming. The

USA is blind to this issue and is the major cause of the problem. Yet it too

will suffer if sea levels rise and the weather becomes turbulent, bringing

catastrophic storms, droughts and floods to different areas in unpredictable

ways. This will promote resource conflicts and create millions of climatic

refugees. It will reinforce the value of territory, putting a premium on

farmland and water resources.

 

&lt;p&gt;The second is the persistence of

global inequality. The world is not evening up. Currently, the top 20% of the

world&amp;#146;s population receives about 80% of world GDP and the bottom quintile 1%.

How do we extend a meaningful and inclusive international order to a world

dominated by urban slums and impoverished peasantries? 

 

&lt;p&gt;The danger is that Bobbitt&amp;#146;s

sensible suggestions will make the present system more viable until it is

overwhelmed by chaotic climatic and social conditions and their consequences

for conflict. Drastic action by the major powers and real sacrifices by their

peoples now might prevent this &amp;#150; international governance by supra-national

agencies cannot and will not. Nation states have been able to motivate their

peoples to huge sacrifices in war. We need equal if more complex sacrifices and

efforts now.
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