Attacking Syria
[Prefatory Note: This post is an assessment of the recent Syrian missile attack by the armed forces of the U.S., UK, and France from a variety of perspectives. It is a modified and expanded version of a text earlier published in The Wire (Delhi) and Il Manifesto(Rome). I intend to write two further posts suggested by the controversy generated by the airstrikes of April 14, 2018 against sites associated with Syria’s alleged chemical weapons capabilities. These strikes raise questions of international law, domestic constitutional authorization for international uses of force, strategic logic, and moral imperatives and rationalizations. Each of these issues is capable of multiple interpretations raising further concerns about the appropriate location of the authority to decide given the nature of world order in the 21stcentury.]
Preliminary Reflections
At this stage it seems reasonable to wonder whether Syria was attacked because it didn’tuse chemical weapons rather than because it did. That may seem strange until we remember rather weighty suspicions surrounding the main accusers, especially the White Helmets with their long standing links to the U.S. Government, and past skepticism about their inflammatory accusations that critics claim reflect fabricated evidence conveniently available at crisis moments.
A second irreverent puzzle is whether the dominant motive for the attack was not really about what was happening in Syria, but rather what was nothappening in the domestic politics of the attacking countries. Every student of world politics knows that when the leadership of strong states feel stressed or cornered, they look outside their borders for enemies to blame and slay, counting on transcendent feelings of national pride and patriotic unity associated with international displays of military prowess to distract the discontented folks at home, at least for awhile. All three leaders of the attacking coalition were beset by rather severe tremors of domestic discontent, making attractive the occasion for a cheap shot at Syria at the expense of international law and the UN, just to strike a responsive populist chord with their own citizenry—above all, to show the world that the West remains willing and able to strike violently at Islamic countries without fearing retaliation. Beleaguered Trump, unpopular Macron, and post-Brexit May all have low approval ratings among their own voters, and seem in free fall as leaders making them particularly dangerous internationally.
Of course, this last point requires clarification, and some qualification to explain the strictly limited nature of the military strike. Although the attackers wanted to claim the high moral ground as defenders of civilized limits on military actions in wartime, itself an oxymoron, they wanted even more crucially (and sensibly) to avoid escalation, carrying risks of a dangerous military encounter with Russia, and possibly Iran. As Syrian pro-interventionists have angrily pointed out in their disappointment, the attack was more in the nature of a gesture than a credible effort to influence the future behavior of the Bashar al-Assad government, much less tip the balance in the Syrian struggle against the government. As such, it strengthens the argument of those who interpret the attack as more about domestic crises of legitimacy unfolding in these illiberal democraciesthan it is about any reshaping of the Syrian ordeal, or a commitment to upholding the Chemical Weapons Convention.
A third line of interpretation insisting that what was said in public by the leaders and representatives of the three attacking Western powers was not the real reason that the attack was undertaken. In this optic, it is pressure from Israel to mute President Trump’s feared slide toward disengagement from Syria as a prelude to a wider strategic withdrawal from the Middle East as a whole, a region that Trump in his speech justifying the attack calls ‘troubled’ beyond the capacity of the United States to fix. At least temporarily, from Israel’s point of view, the air strikes sent a signal to Moscow that the United States was not ready to accept Syria becoming a geopolitical pawn of Russia and Iran. Supposedly, the Netanyahu entourage, although pleased by the Jerusalem move, the challenge to the Iran Nuclear Agreement, and silence about the IDF lethal responses to the Gaza Great Return March, have new worries that when it comes to regional belligerence and overall military engagement, Trump will be no more help than Obama, who quite irrationally became their nightmare American president.
And if that is not enough to ponder, consider that Iraq was savagely attacked in 2003 by a U.S./UK coalition under similar circumstances, that is, without either an international law justification or authorization by the UN Security Council, the only two ways that international force can be lawfully employed, and even then only as a last resort after sanctions and diplomatic avenues have been tried and failed. It turned out that the political rationale for recourse to aggressive war against Iraq, its alleged possession of weapons of mass destruction was totally false, either building the case for war on the elaborately orchestrated presentation of false evidence or more generously, as awkwardly victimized by a hugely embarrassing intelligence lapse.
To be fair, this Syrian military caper could have turned out far worse from the perspective of world peace and regional security. The 105 missile attack war over in 3 minutes, no civilian casualties have been reported, and thankfully, any challenge to the Russian and Iranian military presence in Syria was deliberately excluded from the targeting plan, or to the Syrian government, thus taking precautions to avoidT setting in motion the rightly feared retaliation and escalation cycle. This was not an idle worry. More than at any time since the end of the Cold War sober concerns abounded preceding the attack that a clash of political wills or an accidental targeting mistake could cause geopolitical stumbles culminating in World War III.
Historically minded observers pointed out alarming parallels with the confusions and exaggerated responses that led directly to the prolonged horror of World War I. The relevant restraint of the April 14thmissile attacks seems to be the work of the Pentagon, and certainly not the hawk-infested White House. Military planners designed the attack to minimize risks of escalation, and possibly even reaching behind the scenes an undisclosed negotiated understanding with the Russians. In effect, Trump’s red line on chemical weapons was supposedly defended, and redrawn at the UN as a warning to Damascus, but as suggested above this was the public face of the attack, not its principal motivations, which remain unacknowledged.
Doubting the Facts
Yet can we be sure at this stage that at least the factual basis of this aggressive move accurately portrayed Syria as having launched a lethal chlorine and likely nerve gas attack on the people of Douma, killing at least 40? On the basis of available evidence, the facts have not yet been established beyond reasonable doubt. We have been fooled too often in the past by the confident claims of the intelligence services working for these same countries that sent this last wave of missiles to Syria. International maneuvering for instant support of a punitive response to Douma seemed a rush to judgment amid an array of strident, yet credible, voices of doubt, including from UN sources. The most cynical observers are suggesting that the timing of the attack, if not its real purpose other than the vindication of Trump’s red line, is to destroy evidence that might incriminate others than the Syrian government as the responsible party. Such suspicions are fueled by the refusal to wait until the factual claims could be validated. As matters stand, the airstrike seem hastened to make sure that the respected Organization for the Prohibition of Chemical Weapons (OPCW), when finally carrying out its fact finding mission would have nothing to find.
To allay reactions that these are ideologically driven criticisms, it is notable that the Wall Street Journal, never a voice for peace and moderation, put forward its view that it was not “clear who carried out the attack” on Douma, a view shared by several mainstream media outlets including the Associated Press. Blaming Syria, much less attacking, was definitely premature, and quite possibly altogether false, undermining the essential factual foundation of the coalition claim without even reaching the formidable doubts associated with issues of the unlawfulness and illegitimacy of an international use of non-defensive force without authorization by the United Nations.
Remnants of Colonialism
Less noticed, but starkly relevant, is the intriguing reality that the identity of the three states responsible for this aggressive act share strong colonialist credentials that expose the deep roots of the turmoil afflicting in different ways the entire Middle East. It is relevant to recall that it was British and French colonial ambitions in 1916 that established the blueprint for carving up the collapsed Ottoman Empire, imposing artificial political communities with borders reflecting European priorities not natural affinities, and taking no account of the preferences of the resident population. This colonial plot foiled Woodrow Wilson’s more positive proposal to implement self-determination based on affinities of ethnicity, tradition, and religion of those formerly living under Ottoman rule.
The United States fully supplanted this colonial duopoly as the colonial sun was setting around the world, especially after the Europeans faltered in the 1956 Suez Crisis. At the same time the U.S. quickly made its own heavy footprint known, feared, and resented throughout the region with an updated imperial agenda featuring Soviet containment, oil geopolitics, and untethered support for Israel. Even earlier in 1953 the Truman Doctrine and CIA support for the overthrow of the democratically elected and nationalist government of Mohammad Mosaddegh disclosed the extent of U.S. involvement in the region. These strategic priorities were later supplemented by worries after 1979 about the spread of Islam and fears after 2001 that nuclear weaponry could fall into the wrong political hands. After a century of exploitation, intervention, and betrayal by the West, it should come as no surprise that anti-Western extremist movements have surfaced throughout the Arab World, and engendered some populist sympathies despite their barbaric tactics.
Violating International Law, Undermining the UN
It is helpful to recall the Kosovo War (1999) and the Libyan War (2011), both managed as NATO operations carried out in defiance of international law and the UN Charter. Because of an anticipated Russian veto, NATO, with strong regional backing in Europe launched a punishing air attack that drove Serbia out of Kosovo. Despite the presence of a strong case for humanitarian intervention within the Kosovo context it set a dangerous precedent, which advocates of a regime-changing intervention in Iraq found convenient to invoke a few years later. In effect the U.S. found itself backed into insisting on an absurd position, to the effect, that the veto should be respected without any questioning when the West uses it, most arbitrarily and frequently to protect Israel from much more trivial, yet justifiable, challenges than what this missile attack on the basic sovereign rights of the internationally legitimate government of Syria signifies.
American diplomats do not try to justify, or even explain, their inconsistent attitudes toward the authority of the UN veto, despite the starkness of the contradiction. Perhaps, it is a textbook example of what psychologists call cognitive dissonance. More accessibly, it is a prime instance of a continued reliance on the benefits of American exceptionalism. As the self-anointed guarantor of virtue and perpetual innocence in world politics the United States is not bound by the rules and standards by which its leaders judge the conduct of others, especially adversaries.
As a personal aside, with some apologies owed, I was the main author of the section of the report in my role as a member of the Independent International Commission on Kosovo, which put forth the rationale of ‘illegal but legitimate’ with respect to the Kosovo intervention. I had misgivings at the time, but was swayed by the shadow of Srebrenica and the difficulties of finding a consensus among the members of the Commission to put forth this line of argument, qualified to an extent in the text of the report, by invoking the exceptional facts and expressing what turned out to be the vain hope that the UNSC would itself create greater flexibility in responding to humanitarian crises of this kind and overcome what seemed at the time giving credibility to a pattern of justification for war making that could in the future be twisted out of shape by geopolitical opportunism. My fears have been realized, and I would now be very reluctant to endorse my own formulations that seemed, on balance the right way to go back in the year 2000. Now I lose sleep whenever I recall that I was responsible for what has become an insidious conceptual innovation, ‘illegal but legitimate,’ which in unscrupulous geopolitical hands operates as an ‘open Sesame’ rendering irrelevant Charter constraints.
The Libyan precedent is also relevant, although in a different way, to the marginalization of the UN and international law to which this latest Syrian action is a grim addition. Because the people of the Libyan city of Benghazi truly faced an imminent humanitarian emergency in March of 2011 the argument for lending UN protection seemed strong. Russia and China, permanent members of the UNSC, and other skeptical members, were persuaded to suspend their suspicions about Western motives and abstained from a resolution specifically authorizing the establishment of a No Fly Zone to protect Benghazi. It didn’t take long to disabuse Russia and China, mocking their trust in assurances by the NATO states that their objective were limited and strictly humanitarian. They were quickly shocked into the realization that actual NATO mission in Libya was regime change, not humanitarian relief. In other words, these same Western powers who are currently claiming at the UN that international law is on their side with regard to Syria, have themselves a terrible record of flouting and manipulating UN authority whenever convenient and insisting on their full panoply of obstructive rights under the Charter when Israel’s wrongdoing is under review.
Ambassador Nikki Haley, Trump’s flamethrower at the UN, arrogantly reminded members of the Security Council that the U.S. would carry out a military strike against Syria whether or not it was permitted by the Organization. In effect, even the veto as a shield is not sufficient to quench Washington’s geopolitical thirst. It also claims the disruptive option of the sword of American exceptionalism to circumvent the veto when it anticipates being blocked by the veto of an adversary. Such duplicity with respect to legal procedures at the UN puts the world back on square one when it comes to restraining the international use of force by geopolitical actors. Imagine the indignation that the U.S. would muster if Russia or China proposed at the Security Council a long overdue peacekeeping (R2P) mission to protect the multiply abused population of Gaza. And if these countries went further, and had the geopolitical gall to act outside the UN because of an expected veto by NATO members of the Security Council and the urgency of the humanitarian justification, the world would almost certainly experience the bitter taste of apocalyptic warfare.
The Charter Framework is Not Obsolete
The Charter framework makes as much sense, or more, than when crafted in 1945. Recourse to force is only permissible as an act of self-defense against a prior armed attack, and then only until the Security Council has time to act. In non-defensive situations, such as the Syrian case, the Charter makes clear beyond reasonable doubt that the Security Council alone possesses the authority to mandate the use of force, including even in response to an ongoing humanitarian emergency. The breakthrough idea in the Charter is to limit as much as language can, discretion by states to decide on their own when to have recourse to acts of war. Syria is the latest indication that this hopeful idea has been crudely cast in the geopolitical wastebasket.
It will be up to the multitudes to challenge these developments, and use their mobilized influence to reverse the decline of international law and the authority of the UN. Most members of the UN are themselves so beholden to the realist premises of the system that they will never do more than squawk from time to time.
Ending Trump’s boastful tweet about the Syrian airstrike with the words ‘mission accomplished’ unwittingly reminds us of the time in 2003 when the same phrase was on a banner behind George W. Bush as he spoke of victory in Iraq from the deck of an aircraft carrier with the sun setting behind him. Those words soon came back to haunt Bush, and if Trump were capable of irony, he might have realized that he is likely to endure an even more humbling fate, while lacking Bush’s willingness to later acknowledge his laughable mistake.
Fudging Constitutional Authorization
Each of the attacking countries claims impeccable democratic credentials, except when their effect is to impede war lust. Each purports to give its legislative branch the option of withholding approval for any contemplated recourse to military action, except in the case that the homeland is under attack. Yet here, where there was no attack by Syria and no imminent security threat of any kind each of these governments joined in an internationallyunlawful attack without even bothering to seek domesticlegislative approval, claiming only that the undertaking served the national interest of their governments by enforcing the norms of prohibition contained in the Chemical Weapons Convention.
The American attempts to supply flimsy domestic justifications are decisively refuted by two widely respected international jurists, including one, Jack Goldsmith, who was a leading neoconservative legal advisor in the early years of the George W. Bush presidency. [Jack Goldsmith & Oona Hathaway, “Bad Legal Arguments for the Syria Airstrikes,” Lawfare website, Aprile 14, 2018] Their article rejects arguments based on theAuthorization for the Use of Military Force, which in 2001 gave broad authority to use military force in response to the 9/11 attacks, but has no bearing here as Syria has never been accused of any link. The other legal claim that has been brought forward argues that the airstrikes are expressions of the president’s authority under Article II of the Constitution to serve as Commander in Chief, but any freshman law student knows, or should know, that this authority is available only if the use of force has been previously validated by Congress or is in response to an attack or a plausible argument of the perceived imminence of such an attack. Revealingly, the internal justification for Trump’s authority has not been disclosed as yet, and has been heavily classified, showing once again that government secrets in wartime are not primarily kept to prevent adversaries from finding things out, but as with the Pentagon Papers, are useful mainly to keep Americans in the dark about policies that affect their wellbeing and possibly their survival. It also gives the leadership more space for deception and outright lies.
It has been reliably reported that the Trump White House preferred to act without seeking Congressional approval, presumably to uphold the trend toward establishing an ‘executive presidency’ when it comes to war/peace issues, thereby effectively negating a principal objective of the U.S. Constitution to apply the separation of powers doctrine to any recourse to war. This also marginalizes the War Powers Act enacted into law in the aftermath of the Vietnam War in the vain attempt to restore the Constitutional arrangement after a period during which the President arrogated power to wage war and the policy acted upon produced the worst foreign policy failure in all of American history.
Where Does This Leave Us?
There are several levels of response:
–with respect to Syria, nothing has changed.
–with respect to the UN and international law, a damaging blow was struck.
–with respect to constitutionalism, a further move away from respect for separation of powers, thus marginalizing the legislative branch with respect to war/peace policies.
–with respect to oppositional politics, citizen protest, and media reactions, an apathetic atmosphere of acquiescence, with debate shifting to questions of purpose and effectiveness without virtually no reference to legality, and quite little, even to legitimacy (that is, moral and political justifications).



Transforming World Order?
20 May[Prefatory Note: This post is my review of an important critical study of the deplorable conditions of law and politics in the current global setting. The author grounds his diagnosis and proposals on a philosophical interpretation of this subject-matter, but the radical vision although appealing gives little attention to how such a vision can become a political project, and so this learned text creates an impression of apolitical utopianism. This review will be shortly published in the American Journal of International Law.]
TRANSFORMING WORLD ORDER?
Eutopia: New Philosophy and New Law for a Troubled World.By Philip Allott. Cheltenham: Edward Elgar, 2016, Pp. xi, 368. Index. $135.
Grasping Allott’s Ambitious Undertaking
It is not by chance that Philip Allott, professor emeritus of international public law and fellow of Trinity College, University of Cambridge, UK,offers unusual guidance to readers in the opening sentence of the Preface to Eutopia: “The reader may want to read this book more than once, and to read it with unusual care” (p. vi). If anything, this advice is understated. Allott has written a learned, conceptually intense, and wildly ambitious book that demands the most dedicated attention taxing the perseverance of even the most diligent of readers. Allott challenges us on every page, really on each of its paragraphs given a systematic inflection by being numbered as if elements of a mathematical proof. Putting the bar of comprehension so high raises preliminary awkward questions—is the immense burden imposed on the reader sufficiently rewarded by the contribution that Allott makes to our understanding of the human condition? There is a second subsidiary question—is Allott’s distinctive methodology an effective and necessary means by which to raise and resolve such fundamental issues? and for what audience is this undertaking intended? I will return to these matters at the end of my attempt to assess Allott’s undertaking, which by any measure is extraordinary. It is nothing less than a philosophically coherent depiction of a comprehensive and desirable future for humanity designed to do nothing less than achieve the totality of human potentiality if properly enacted.
Allott attributes his sense of profound concern with the way the world was organized to his experience decades ago as a legal advisor in the British Foreign Office (1960–1973). It was there that he became aware of “all significant aspects of international government” leading him to the “settled moral conviction—that the nature of so-called international relations must be changed fundamentally and, with it, the nature of international law.”[1]Although the argument put forward is expressed abstractly, without civilizational specificity or very much by way of policy critique and example, there is no doubt that Allott is deeply offended and worried by his various encounters with political realism while serving the British crown. In a strong passage Allott vigorously rejects the major premise of the nuclear age, which he decries as “the development of the grotesquely named strategic nuclear weapons, as if mass murder and mass destruction could be strategies adopted by rational human beings.”[2]Such strong language suggests Allott’s repudiation of conventional wisdom in the world that he inhabits, which stands in stark contrast to the world that he believes can be brought into being by new thinking responsive to the overriding moral and political imperative of seeking a new world order in which all human beings can flourish, and find happiness, as well as address the formidable challenges of global scope that threaten the survival of the human species and much of its natural habitat.[3]
To begin with, it is important to realize that Eutopiais a sequel to an equally challenging and ambitious earlier work, Eunomia: New Order for a New World, published in 1990.[4]In a long Preface written especially for the 2001 publication of a paperback version, Allott gives readers important clues to what led his thinking in such radical directions, including his disdainful treatment of incremental global reform steps advocated by liberal internationalists that he believes irrelevant, given the magnitude of the challenges facing humanity. Allott is convinced that only a revolutionaryprocess can generate the capacity needed to enable humanity to produce a positive future for itself. Clarifying this orientation, Allott writes,
We are people with a permanent revolutionary possibility, the power to make a revolution, not in the streets but in the mind. And the long journey of revolutionary change begins with a single revolutionary step. We can, if we wish, choose the human future. We, the people, can say what the human future will be, and what it will not be.[5]
This appears to be affirming a radical form of political agency vested in the people, that is, change from below, although this is never asserted in this form or as an ingredient of democracy or transformative populism.
This crucial matter of orientation and perspective, with its Hegelian confidence in the power of ideas to transform and regulate behavior, leads Allott to distance himself from those who insist that “practicality” in the domain of politics is the only responsible approach to the advocacy of change and reform. Allott rejects the mainstream consensus that constrains debate within the confines of feasibility as interpreted by the powers that be: “To disprove a claim that a set of ideas is merely Utopian, it is useful simply to recall that those ideas contain a future which is not only possible but also necessary, and that the human future is always an imaginary potentiality until it becomes a present actuality.”[6]As Allott puts it elsewhere, “We make the human world, including human institutions, through the power of the human mind. What we have made by thinking we can make new by new thinking.”[7]This theme pervades Allott’s entire undertaking, but such an unconditional statement of benign mental potency seems to be oblivious to the darker forces of the unconscious that drive human behavior in destructive and self-destructive directions. The dominance of these darker forces has, in my view, entrapped the political imagination in an iron cage, accounting for the widespread feelings of despair on the part of those who confront the future with eyes wide open.[8]Allott is fully aware of this, shares this foreboding, but offers us the redemptive possibility of this mental revolution.
Allott writes in the Preface to his present book,
Since Eunomia was published, the globalising of human social and mental existence has proceeded at a pace and in ways that could not have been predicted then, and with ever more troubling consequences, and ever more serious threats and challenges. Chaotic globalizing is even negating humanity’s tentative unity-in-diversity. (P. viii)
We should appreciate that Eunomiaand Eutopiaasserted this dramatic diagnosis well before Donald Trump’s “America First” approach has aggravated the world order situation by a series of dramatic withdrawals of America’s engagement in cooperative forms of globalization with respect to such crucial policy contexts as climate change, international trade, global migration, and arms control (currently most pointedly, the decertification of the 2015 5+1 Agreement on Iran’s Nuclear Program). I think it is safe to assume that Allott’s worldview as of 2018 would move closer to moral panic, given Trump’s intensifications of “chaotic globalizing.” In the Foreword to Eutopia,Allott contrasts his earlier effort as one of meeting a “global socialchallenge” with the more momentous current undertaking in the book under review of overcoming “a universal humanchallenge” (p. ix). Putting this progression of perspective in relation to knowledge systems, Allott has shifted his outlook from that of social and jurisprudential engineer to that of global anthropologist or planetary ethnographer.
In Allott’s work the reader encounters a perplexing blend of pessimism about the existing human condition and of optimism about the limitless potentiality of the human species. In stirring words, “We are a species with unlimited potentiality that is failing in crucial aspects of its self-evolving and self-perfecting” (p. ix). What gives direction to Allott’s radical way of thinking is a post-Enlightenment belief in thought, reason, and knowledge as guiding action, best exemplified by the great philosophical traditions in the West that have been appraising the human condition for centuries. In this spirit he laments, as he rejects, the contemporary Anglo-American philosophic turn against its own tradition, uselessly shifting its energies to arcane language puzzles and esoteric logical quirks while abandoning reflections on and prescriptions for the desirable unfolding of humanity in light of its surrounding human circumstances.
In a short Afterword, Allott makes plain his oppositional stance to the hegemony of science and engineering modes of thought in the public domain where governments act and citizens form their policy preferences. Allott categorizes his own work as exhibited in a private domain and premised on what he calls “humanist thinking” (p. 341), that is shaped by values, wisdom, and erudition. At the same time, he asserts a positive role for such thought against the grain, needed in his view, to enable “the human mind . . . to imagine a better human future” and to activate “the human will” so as to “mak[e] a better future happen” (id.). He follows this with the haunting exposure of his own foreboding about the human future, ending the book with these words: “For how much longer?” (id.). As a reader I would say that the main message left behind here by Allott is the urgency associated with a revival of humanist thinking as a necessary precondition for meeting the challenges of our historical circumstance as a profoundly threatened species.
Sources of Inspiration
Allott is forthright about acknowledging three inspirational points of departure for Eutopia. Allott roots his extraordinary exploration of prospects for radical change in the utopian tradition of Thomas More who “enabled his readers to see their own social life with new eyes, and to judge it, and to imagine other ways of life” (p. vii). In effect, this kind of utopianism creatively provides a stimulus for critical reflections on the world as it is, as well as unleashing imaginative efforts to project on the screen of human expectations more satisfying and uplifting alternatives as potentially attainable.
Francis Bacon is his second inspirational spark, by way of his foundational anticipation of the degree to which scientific and technological innovation—in effect, “revolutions”—would open the doors of human understanding in dramatic new ways that led in the past to drastic forms of societal restructuring. Bacon “saw that a revolution in our understanding of the human mind could produce every other kind of revolution. He saw that the human mind can transform the human world. We are his beneficiaries to this day” (pp. vii–viii). Allott definitely follows Bacon in believing that altering authoritative templates of human subjectivity has the potential for unleashing transformative forces, and given his severe indictment of how human coexistence is currently (mis)managed on all levels of social interactions, he leaves the reader with this urgent sense of “revolution or doom.” The French philosopher, Jacques Derrida, raises comparable questions, yet without any prospect of revolutionary closure with a focus on what “living together well” might mean and what “democracy to come” could achieve.[9]Allott comes close to Derrida’s approach in a chapter entitled “New Society: Living the Good Life Together.”
Allott’s undertaking bears comparison with the World Order Models Project (WOMP), which proceeded from a comparable diagnosis to prescribe a series of “relevant utopias” or “preferred worlds” as necessary, desirable, and achievable.[10]It grounds its hope for the human future on the emergence of what might be called ethical universality(shared values associated with minimizing collective violence, social and economic well-being, humane governance, and ecological sustainability) that could foster collaborative undertakings of sufficient scope and depth.[11]By so doing it would become possible to overcome both the political fragmentation of state-centric world order and the civilizational diversity of post-colonial identity patterns. Such a relevant utopia depends more humbly than Allott’s revolution in the mind on a retuning of the rational mind and the sharpening of normative sensibilities to take account of the globalizing pressures being exerted by nuclearism, neoliberalism, and digitized networks.
The third source of inspiration affirmed by Allott is the canon of Western philosophy as a response to “a miasma of nihilism and despair, unable to comprehend or to redeem terrible real-world events that the human mind itself had caused” (p. ix). Only by turning to philosophizing in the classic tradition can there be any hope for “the necessary and urgent revolution in the human mind” (p. ix). Allott invests philosophical inquiry with an incredible capacity of human empowerment: “Without philosophy, we have little or no control over the making and the remaking of a better human future. Without philosophy, now and hereafter, the human species may not survive” (p. ix). He underscores this rather dismaying observation with the assertion that Eutopiais designed with no less an objective than bringing “the great and ancient existential debate back to life, before it is too late . . . the permanent possibility of making the human world into ‘a place of happiness’” (p. ix). I wonder whether this is a proper reading of the philosophic canon in which the warnings and admonitions of St. Augustine, Machiavelli, Nietzsche, and Schopenhauer unaccompanied by the view that history can be reshaped by a revolution in the precincts of the human mind. At the same time each of these thinkers, except Schopenhauer, did at least endorse a vision of a better human future, but not as an achievement of the creativity and normative capabilities of the rational mind.
Allott’s Distinctive Methodology
It should be understood that unlike Eunomia, which drew on Allott’s professional experience and academic specialty (international public law), Eutopia is a remarkable achievement of amateurship, that is, an immersion in philosophic thought for which the author had neither evident training nor prior publications, but great love and intimacy. In this regard it is informed by the philosophic canon of the West, especially as developed by British philosophers, but with its own rather peculiar and somewhat questionable methodology. In clusters of chapters entitled “The Human Condition,” “Human Power,” and “Human Will,” Allott sets forth the grounds and components of his belief in the potency of the human mind. Each chapter is, in turn, divided in two parts, with the first part consisting of numbered paragraphs containing in logical sequence, fundamental elements of the human mind such as memory, imagination, knowledge, and emotions. The second part of each chapter consists of a series of quotes from a wide spectrum of thinkers, mainly philosophers, from Plato and Aristotle to Marx, Lenin, and Karl Popper, and many, many others. Despite impressions of inclusiveness, there are some surprising names missing. For instance, for me none of three twentieth century philosophers who shed the most light on the human condition are even mentioned once: Hannah Arendt, Jacques Derrida, and Martin Heidegger. As well, non-Western thought is touched on very lightly both in the text and the complement of philosophical quotations: The Buddha and Gandhi are never mentioned, Confucius once.
I have no doubt that Allott is a learned student of philosophy who has developed more or less on his own, without specific debts in the course of his argument to earlier thinkers, a coherent cartography of the human mind as possessed of great agency. At the same time, this dualist methodology of putting the argument one place and the philosophic sources in an entirely separate place without any explicit effort to establish a linkage between the two seems questionable to me, and neither rationalized nor explained by Allott. Either the section of quotations is to be read as conveying somewhat randomly the spirit of philosophical conjecture with regard to a theme covered by the argumentative text, or the reader is left to do the immense work of finding for herself connections between an individual quoted passage and the argument of the text, which I can report in my case to have been a daunting, time-consuming, and not very rewarding, challenge.
There are other issues raised by this methodology. Allott does not explain his reasons for inclusion and exclusion. Also, his conception of philosophy is very capacious, extending to literary figures (Shakespeare, Tolstoy, Goethe, and T.S. Eliot), social and natural scientists (Durkheim, Max Weber, Harold Lasswell, and E.O. Wilson), and even cultural and political critics (Marshall McLuhan, Ruskin, and Thomas Paine). If each of these quotes was tied to passages in Allott’s text even as footnotes, or given a distinct commentary that explicated their linkage, I would likely applaud the approach. Left alone as distinct items to be read in sequence following the chapter text, seems either without redeeming value or requiring too much of an effort for the reward. In Eunomiawhere Allott is on much firmer ground in terms of professional competence, the methodology is more conventional, and although demanding because of the abstractness and systematic quality of the thought, and more effective in conveying a distinct critique and way forward. In this earlier book Allott’s chapters contain only the numbered paragraphs of argument with no second part that gives sources.
The Essential Role of Law
Allott’s vision is very much influenced by his appreciation of law as a fundamental ordering device with respect to all that transpires in the universe. In this regard “the laws of nature” and “scientific laws” are seen as achieving results that human-created law can only aspire to produce, especially with respect to international law. What underlies this emphasis on law is the fact that all activities in the cosmos exhibit for Allott a tendency to exhibit orderas a fundamental reaction to the alternative of chaos.In Allott’s view order is the result of law governed behavior.
In EunomiaAllott makes clear that the two modern theorists of international law who make contributions along the lines of a systemic reworking of law as constitutive of world order are Hans Kelsen and Myres McDougal.[12]What they have done to merit this affirmation is “to elevate international law on to a plane appropriate to a true legal system.” In Kelsen’s case, it involved detaching law from its social and political infrastructure so as to create an autonomous legal order of encompassing generality, with international law a derivative subsystem. While in McDougal’s case, the effort was almost opposite to that of Kelsen, integrating and connecting international law with the underlying social, economic, and political processes, and disciplining its operations by reference to what Allott calls “value-processing,” a phenomenon that is present in all forms of social activity.[13]
Allott calls McDougal “ahead of his time,” especially by undertaking the prophetic task of “preaching a new dispensation to a recalcitrant group of human beings who were almost beyond redemption, the participants in international relations” (p. IX). It is clear from a broader exposure to Allott’s thinking that he is referring to the hard power realists who exclude values from international relations, and thus marginalize international law, and whose operating procedures can perhaps be most easily comprehended by reference to Henry Kissinger’s theory and practice of international relations.[14]Allott concludes that neither Kelson nor McDougal reshaped the manner with which international relations, with its race to the bottom of human endeavor, was being conducted.
Nevertheless, Allott regards the challenge confronting him is to integrate a philosophically coherent and grounded legal order in the manner of Kelsen with a normatively driven legal order geared to the most general features of international life in the spirit of McDougal, and considered his earlier book as having such a purpose by proposing “a general theory of society and law which is potentially universal” (p. IX). He faults McDougal as rooting his approach too parochially in the distinctively Western democratic experience to be universally acceptable. These ideas about law are carried forward in Eutopia, but under the North Star of fear and trembling about the human future.
For Allott, “[l]aw is the primary social system serving the survival and flourishing of the human species” (p. 210). In a somewhat grandiose assertion he writes, “[b]y means of the idea of law we human being have taken power over everything, not least power over ourselves” (p. 209). In this era of seeming powerlessness against the pushbacks of nature or the eruption of irrational politics among publics and leaders, it becomes difficult to comprehend such celebrations of the role of law in regulating the human condition. So as to align lawmaking and rule of law with the present, Allott insists “[i]t is time for human beings to become a kind of philosopher” (p. 210). Presumably, such a sentiment should be read as his kind of philosopher who would tie the rule of law, constitutionalism, and international law to human survival and flourishing, the normative goals affirmed throughout as vital within our historical situation.
In a comprehensive chapter on law as a generic dimension of the human condition Allott gives his ideas about the functioning of law and order, as well as law and custom, law and power, law as a system, and law and value (pp. 210–31). With respect to international law discussed as a distinct system, “a primary purpose of the present volume,” Allott argues that it is necessary to promote “a fundamental reconstituting of international society, including the reimagining and remaking of the international legal system,” giving special attention to the relations between law and power (p. 215).
After reviewing the existing theories of law as applied to the international situation Allott is convinced that international law must be fundamentally changed so that it can serve the goals of human survival and flourishing, but how, and by whom? Allott calls for new law that is based on the primacy of these goals, reaffirming human agency in controlling the role of law, contending that we are the makers of law as “the supreme judges of the common good” (p. 232). In some tautological sense, yes, but as an existential matter of politics, psychology, history, and social structure, I would say, no to such an outpouring of anthropomorphic enthusiasm.
Conclusion
For anyone seeking a comprehensive world order vision of what exists and what might be, this book is definitely worth the effort, even if the result, as in my case, is to feel that its value is mainly the focus on the centrality of the law phenomenon rather than on depicting a plausible path to a desirable human future. I find Allott’s call for a revolution of the human mind as itself the means for asserting benign control over the human condition now so imperiled to be “whistling in the dark.” The structures of power and wealth are entrenched in support of the worst features of “lawlessness.” We are in the midst of a regressive era in which we, as a species, are losing the ecological, geopolitical, and ethical struggles for a benign human future.
There has been much discussion in scientific circles as to whether it is appropriate to label our age as that of the “anthropocene,” given the impact that human activity has on the sustainability of life on planet earth. Allott converts this acknowledgement into a hyperbolic version of anthropomorphism in which the human mind is crowned as supreme ruler over all that transpires on earth. I find this points our worried sensibilities in the wrong direction.
Although agreeing with Allott on the dangers of state-centricism and political realism, as well as on the goals of species survival and flourishing, I disagree on the dynamics of collective awakening. I would urge “humility” and “compassion” as the guiding values in any constructive reappropriation of the human future motivated by the desire to ensure survival and promote goals of living together happily as a species.
In the end, we can thank Allott for providing us with a vision that is rich in conceptual content and moral energy, a philosophic manual for the job that needs to be done. But even after a close reading, the roadmap is missing, and we are left with the imperative of providing one as a civilizational priority. We can agree with Allott that a new international law that is guided by human well-being rather than the old international law catering to the power/wealth lusts of powerful states is essential, but to identify such a need is far removed from its satisfaction.
[1]Philip Allot, Eunomia: New Order for a New World, at xli (2001).
[2]Id.at lii.
[3]Allott sets forth his purpose in writingEutopiaalong these lines at several points (pp. 215, 260, 269, 296, 312–13).
[4]Indeed, it is not possible to ignore the first book in approaching the even more elaborate framework of Eutopia.
[5]Allott, Eunomia,supra note 1, at xxxiv.
[6]Id.at xxvii.
[7]Id.
[8]My formulation of the human non-responsiveness to these darker forces that currently pose such formidable challenges of global scope is set forth in an essay, Richard Falk, Does the Human Species Wish to Survive?,inRichard Falk, Power Shift: On the New Global Order253–62 (2016).
[9]See discussions of Derrida’s focus on living together in Living Together: Jacques Derrida’s Communities of Violence and Peace(Elisabeth Weber ed., 2012); also Fred Dallmayr, Democracy to Come: Politics as Relational Praxis(2017).
[10]SeeSaul H. Mendlovitz, On the Creation of a Just World Order: Preferred Worlds for the 1990s(1975);Richard Falk, A Study of Future Worlds(1975).
[11]SeeHans Küng. A Global Ethic for a Global Politics and Economics(1998).
[12]SeeAllott, Eunomia, supranote 1, at xlvii.
[13]All references in this and succeeding paragraphs are to id.at xlviii.
[14]SeeHenry Kissinger, World Order(2014). For critique, see Richard Falk, Henry Kissinger: Hero of Our Time, 40 Millennium155–64 (July 6, 2015).
Tags: Allott, international law, transforming world order, utopianism, world order