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The contemporary world features more than twenty thousand international NGOs in almost every field of human activity, including humanitarian assistance, environmental protection, human rights promotion, and technical standardization, amongst numerous other issues
John Shropshire used to farm celery just in Poland. Why? Because celery production is labour intensive and Poland had abundant available labour. However, he now also farms in the Fens, Cambridgeshire. Why? Because the EU Single Market gives him access to the labour he needs. Not cheap labour – John pays the living wage to his workers – but available seasonal migrant workers from Central and Eastern Europe – 2500 of them.The strawberries enjoyed at Wimbledon are picked by similar labour, so are the hops in our British brewed beer.
In the 1990s Australia began reforming its employment assistance system. Referred to as welfare-to-work, at the close of last century Australia had a publically owned, publically delivered system. By 2003, that system had been fully privatised and all jobseekers received their assistance via a private agency, working under government contract. To this day, Australia is the only country with a fully privatise quasi-market in employment services.
As a young ICSID neophyte, I once asked Aron Broches, the World Bank’s General Counsel from 1959 to 1979, how he had come up with the idea for the Centre. “It was in the air,” he explained. In the late 1950s and early 1960s, there were indeed a number of proposals circulating for the creation of an international arbitral mechanism for the settlement of investment disputes.
The Great Recession of 2008–09 badly shook the global market, changing the landscape for finance, trade, and economic growth in some important respects and imposing tremendous costs on average citizens throughout the world. The legacies of the crisis—high unemployment levels, massive excess capacities, low investment and high debt levels, increased income and wealth inequality—reduced the standard of living of millions of people. There is an emerging consensus that global economic governance, as well as national policies, needs to be reformed to better reflect the economic interests and welfare of citizens.
Global recovery is sluggish and the outlook uncertain. The economies of the Eurozone, which may have fallen into a “persistent stagnation trap,” and Japan remain highly vulnerable to deflation and another bout of recession; in the advanced economies that are growing, recovery remains uneven and fragile. Growth in emerging and developing economies is slowing, as a result of tighter global financial conditions, slow growth of world trade, and lower commodity prices. Because consumption and business investment have been tepid in many countries, the gradual global recovery has been too weak to create enough jobs. Official worldwide unemployment climbed to more than 200 million people in 2013, including nearly 75 million people aged 15–24.
Professor Roubini, one of the few economists who predicted the 2008 crisis, has argued that the global economy is like a four-engine jetliner that is operating with only one functioning engine, the “Anglosphere.” The plane can remain in the air, but it needs all four engines (the Anglosphere, the Eurozone, Japan, and emerging economies) to take off and stay clear of storms. He predicts serious challenges, including from rising debt and income inequality.
Relatively slow growth in the advanced economies and potential new barriers to trade over the medium term have significant adverse implications for growth and poverty reduction in many developing countries. Emerging economies, including China and India, that thrived in recent decades in part by engaging extensively in the international economy are at risk of finding lower demand for their output and greater volatility in international financial flows and investments. A combination of weaker domestic currencies against the US dollar and falling commodity prices could adversely affect the private sector in emerging economies that have large dollar-denominated liabilities.
Rising inequality is holding back consumption growth. The ratio of wealth to income, as well as the income shares of the top 1% of income earners, has risen sharply in Europe and the United States since 1980, as Professor Piketty has shown.
The ratio of the share of income earned by the top 10% to the share of income earned by the bottom 90% rose in a majority of OECD countries since 2008, a key factor behind the sluggish growth of their household consumption. During the first three years of the current recovery (2009–12), incomes of the bottom 90% of income earners actually fell in the United States: the top 10%, who tend to have much lower propensity to consume than average earners, captured all the income gains. In developing countries for which data were available for 2006–12, the increase in the income or consumption of the bottom 40% exceeded the country average in 58 of 86 countries, but in 18 countries, including some of the poorest economies, the income or consumption of the bottom 40% actually declined, according to a report by the World Bank and IMF.
Some signs of possible relief may lie ahead. In September 2014, leaders at the G20 summit in Brisbane agreed on measures to increase investment infrastructure, spur international trade and improve competition, boost employment, and adopt country-specific macroeconomic policies to encourage inclusive economic growth. If fully implemented, the measures could add 2.1% to global GDP (more than $2 trillion) by 2018 and create millions of jobs, according to IMF and OECD analysis. (These estimates need to be treated with caution, as the measures that underpin them and their potential impact are uncertain, and the nature and strength of the policy commitments vary considerably across individual country growth strategies.)
Another potential sign of hope is the sharp decline in the prices of energy, a reflection of both weaker global demand and increased supply (particularly of shale oil and gas from the United States). The more than $40 a barrel decline in Brent crude prices is likely to raise consumers’ purchasing power in oil-importing countries in the OECD area and elsewhere and spur growth, albeit at considerable cost (and destabilizing effects) for the more populous and poorer oil exporters. It could also be a harbinger of energy price spikes down the road, as the massive investments needed to ensure adequate supplies of energy may not be forthcoming as a result of their unprofitability at low prices.
Major global challenges have wide-ranging long-term implications for the average citizen. By 2030, the world’s population is projected to reach 8.3 billion people, two-thirds of whom will live in urban areas. Massive changes in the patterns of energy and resource (particularly water) use will be needed to accommodate this 1.3 billion person increase—and the elevation of 2–3 billion people to the middle class.
A citizen-centered policy agenda would need to reform national economies to spur growth and job creation, placing greater reliance on national and regional markets and the sustainable use of resources; emphasize social policies and the economic health of the lower and middle classes; invest in human capital and increase access to clean water, sanitation and quality social services, including a stronger foundation during the early years of life and support for aging with dignity and equity; improve labor market flexibility to employ young people productively; and enhance human rights and the freedom of people to move, internally and internationally. These policies would need to be complemented by policies that use collective action to mitigate risks to the global economy.
To prevent another global crisis, there is an urgent need to strengthen global economic governance, including through global trade agreements that favor the bottom half of income distribution; reform of the international monetary system, including the functioning and governance structure of the international financial institutions; encouragement of inclusive finance; and institution of policies to discourage asset bubbles. To achieve sustainable growth, all countries need to remove fossil fuels and other harmful subsidies and begin pricing carbon and other environmental externalities.
Worldwide surveys show that citizens everywhere are becoming more aware and active in seeking changes in the global norms and rules that could make the global system and the global economy fairer and less environmentally harmful. This sense is highest among the young and better-educated, suggesting that over time it will increase, potentially leading to equitable results for all citizens through better national and international policies.
Headline image: World Map – Abstract Acrylic, by Free Grunge Textures. CC-BY-2.0 via Flickr.
Have we seen a potentially new form of global governance quietly emerging over the last decade or so, one that is establishing a surrogate and informal process of the constitutionalization of global economic and political relationships, something that is creeping up on us almost unnoticed? This issue of ‘global constitutionalization’ has become an important topic of analysis over recent years. Its development is most obvious in the case of business and corporate activity but I suggest it has a much wider provenance and is threatening to encompass many other aspects of global governance like human rights, security and warfare, environmental regulation, and more besides. One difficulty in analyzing this trend is to define its characteristics and parameters since it represents a rather loose configuration, one that is not easy to pin down.
Quasi-constitutionalization is a surrogate process of constitutionalization, not a coherent program with a rounded set of outcomes but full of contradictory half-finished currents and projects: an ‘assemblage’ of many disparate advances and often directionless moves – almost an accidental coming together of elements. So it does not amount to a ‘system’ in any conventional sense. This means it marshals together a complex bricolage of resources: material techniques and devices like models, documents, court decisions, legal statutes and treaties; institutional orders like legal apparatuses, bodies and governance organizations; and discursive expertise, theoretical knowledges and instruments. But it is a process nonetheless: it is building norms of conduct, rule-making, and a distribution of powers in a ‘global polity’.
I call this a quasi-constitutional process because while it resembles a constitution in many respects it is difficult to transpose constitutionality directly into an international environment where there is no single competent authority that might foster or enforce such a constitution.
In turn, this connects to various senses of the juridicalization of international corporate and other affairs, where new or revitalized types of law are increasingly being brought into play as the mechanisms for resolving disputes or organizing governance. This involves new forms of public law, private law, customary law, regulatory and administrative law, all of which are rapidly evolving in the international arena alongside traditional international law. Institutions that embody such a process are the WTO, various agencies of the UN, the OECD, Bilateral Trade and Investment treaties, and a huge number of standard setting and benchmarking organization many of which are private in character but which both claim and exercise a public power at the global level. This is the site of a reinvigorated private law and private authority operating in the international domain. In the case of companies, they are increasingly adopting the language of global corporate citizenship to characterize their activity as civic actors in this evolving quasi-constitutional environment, and they are being addressed as such by bodies like the World Economic Forum and the UN’s Global Compact. Bilateral trade and investment treaties have mushroomed over recent years. Investment treaties are an example of global private administrative law in action.
On the other hand we have the OECD in its capacity as sponsor of socially responsible conduct by multinational companies (Guidelines for Multinational Enterprises) which has become an instrument of global public administrative law. John Ruggie’s recent attempt to introduce a comprehensive regime of human rights into the business world (the UNs Protect, Respect and Remedy Framework) is another case in point of the creeping quasi-constitutionalizing process.
But a major issue of concern is whether quasi-constitutionalization leads to the Rule by Laws (RbLs) rather than the Rule of Law (RoL) in the international system? The RoL may be being given away as RbLs replace a comprehensive system of democratically constituted judicial review, which cannot happen in the case of global quasi-constitutionality.
Thus in this evolving environment, instead of the rule by elected and accountable political officials we are seeing the emergence of rule by lawyers and by aged judges and law professors in international commercial and other matters. These are the actors that are leading the process of institutional rule-making. Public and particularly private elites are making-up the rules as they go along, arbitrarily and on an ad hoc basis. I call this a rule by a new self-appointed Guild of Lawyers on the one hand and a new Clerisy of the Law on the other. In effect, we are giving up any form of democratic legitimacy and accountability with this introduction of global quasi-constitutionalization.
Grahame F. Thompson is Professor of Political Economy at the Copenhagen Business School (Denmark), and Emeritus Professor at the Open University (England). His research and teaching interests have been in international political economy matters, and globalization; with a recent focus on the role of business organization in the context of international economic matters. He is the author of The Constitutionalization of the Global Corporate Sphere? (OUP, 2012).
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Subscribe to only business and economics articles on the OUPblog via email or RSS. Image credit: Cover of U.S. Constitution by giftlegacy via iStockphoto.
The United States is in the midst of a “free lunch” campaign in which Republicans and Democrats alike promise painless resolution of our budgetary problems. As a result, neither party will have an electoral mandate for the hard choices necessary to tackle our fiscal quandaries. Both parties are squandering an important opportunity to mold public opinion and set the stage for meaningful budgetary discipline.
This conclusion should surprise no one. The history and current reality are there for all to see: In 2001 and 2003, the Bush Administration and Congress reduced federal income taxes significantly. Instead of decreasing federal spending to pay for these tax reductions, the Bush Administration presided over significant increases of military and domestic outlays as well as unrestrained growth of so-called “entitlement” spending – Social Security, Medicare, Medicaid. The Obama Administration has continued and exacerbated this trend. At the state and local levels of government, budgetary prospects often even worse as unfunded pension obligations and unfinanced retiree health benefits balloon.
To be sure, there is much contemporary political rhetoric about the need for fiscal discipline. President Obama has appointed a National Commission on Fiscal Responsibility and Reform. Tea Party candidates successfully exploit growing public anxiety about budgetary deficits.
However, none of this should be taken too seriously. President Obama’s deficit commission is scheduled to report only after this November’s elections. We have become inured to public images of Tea Party activists denouncing federal spending – except for their own Social Security and Medicare payments. The House Republicans’ “Pledge to America” promises fiscal responsibility while also refusing to reduce defense spending or spending which affects seniors.
The net result has been a free lunch campaign in which Democrats and Republicans alike promise budgetary discipline but refuse to specify how they will achieve it. The bi-partisan message to the electorate is that public deficits can be controlled without pain.
This, of course, is untrue.
Undoubtedly, it is considered wise politics to promise tax reductions and vague spending restraints while ignoring the tough choices necessary to put our budgetary house in order. However, in the long run, the promise of a free lunch will prove to be poor politics.
Empty, anodyne campaigns result in elections without mandates. Postponing the real discussion until after the election forfeits the opportunity to establish an electoral basis for the painful actions necessary to eliminate federal and state budget deficits.
In ordinary times, off-year elections are low key affairs in which the President’s party typically loses some or all of the congressional seats it gained in the prior presidential election. Conventionally, such off-year elections are preceded by locally-oriented campaigns.
However, these are not ordinary times. We are barely recovering from the worst economic contraction since the Great Depression of the 1930s and confront current and projected budgetary deficits of unprecedented magnitude. In this historically unique setting, the 2010 campaign is an opportunity for the two parties to form electoral mandates by specifying how they wil
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