From the Comments: Yes, the EU is, and will continue to be, democratic and voluntary

Here’s Barry countering a good, common, anti-EU argument:

Denmark Maastricht Treaty: after a referendum rejected it, opt outs were negotiated and the Treaty was approved by referendum with the opt outs

There was no referendum in Italy on the Nice Treaty, or if there was evidence appears to have disappeared from the net. Maybe it’s a beneficiary of the right to be forgotten law.

France and Netherlands: Constitution was dropped. Replaced by less ambitious Lisbon Treaty.

Italy: same comment for Lisbon Treaty as for Nice Treaty

Greece: Euro bailout referendum The rejection of the bailout package was a referendum held in Greece only for an agreement affecting all member states of the Eurozone. They did not wish to change the terms of the bailout and how would it be democratic for a vote in one state to override the wishes of the elected governments in other states. The elected Greek government was free to choose to leave the Euro if it was not willing to accept the terms for a bailout, The elected government and the national assembly chose to stay in the Eurozone and continue bail out negotiations on terms acceptable to the other states.

All states choose freely to remain in the EU apart from the UK, which has not provided a brilliant example so far of the advantages of withdrawal. When the UK voted to leave, the EU respected the result and entered into negotiations while the UK Parliament failed to agree on a withdrawal plan. States which stay in the Union are to some degree constrained by other stages of the union, as applies to the member states of the USA or the states which make up federal Germany.

Here is more from Barry on Brexit. And here is his stuff at NOL on the European Union. Tridivesh has some interesting stuff on the EU, too.

For a more skeptical take on the EU, try Edwin. Or Chhay Lin.

Proposal: Let’s stop calling them “Property Rights”

I think an alternative that is both clearer and more general is “Decision Rights”. When I teach Coase Theorem I use both terms, and (I think) students have an easier time grasping it when they realize that property rights are really just rights to make certain decisions. I can’t see a good reason to keep using the term property rights except that by historical accident it’s become entrenched jargon.

Property sounds like “stuff” to most people. And property rights sounds like “owning stuff”. This raises two points that need clarifying:

1. There is more to the world than just the physical, and there is more to property than just stuff.

I would argue that economic rights are human rights. (I would also argue that corporations are owned and staffed by humans but are not humans themselves.) And I would say that right to self-ownership is a particular type of economic/human right.

When we talk about environmental issues, the root problem is usually over some shared resource (e.g. we can’t neatly privatize the atmosphere and let now-private conflicts be resolved in court). It’s much easier to focus in on the relevant particulars when our language directs us to what’s really at stake (e.g. whether I can decide to put more than X amount of pollution into the atmosphere without legal consequences).

2. I own a bit of land and I can make many decisions about how to use it. But I can’t set up a nuclear reactor or burn a massive pile of debris. My ownership is not carte blanche, but a bundle of different rights. I have the right to use (for normal domestic purposes), to exclude, to sell, etc. By “I own” what I really mean is “I can make a particular set of decisions.

I hope my hard core libertarian friends will agree with me that the decisions I can make are not limited by what is explicitly legislated. I suspect my interventionist friends will disagree. But I also think interventionists can agree that it’s more reasonable for me to have a set of decision rights (how ever nebulous the extent of that set is) than some more magical sounding dominion/ownership over a particular fifth of an acre.

The notion of decision rights makes it clearer what political debates are over. If we want to pass a law saying you can’t put a pool in your yard because of spotted owls, “property rights” muddies the discussion. The law would take away a particular property right–which is to say, the right to make a particular decision. But the debate is going to devolve into “you’re taking our land” vs. “no we aren’t.” It’s close to the real issue, but not close enough.

tl;dr: When we talk about “property rights” or ownership what we really mean is a set of various decisions that one has a right to make. Those decisions might be over the use of what we traditionally call property (e.g. my yard), but it might also be over shared resources (e.g. the atmosphere), decisions with collective impacts (e.g. ecosystem management–or lack thereof), or socially constructed issues (e.g. intellectual property). The term “property rights” is not clear or obvious (particularly for people who aren’t already likely to read this blog). A better term would be “decision rights.”

Relicts of the past? The current challenges for diplomacy

The last few weeks were quite a blast for me: I’ve interned at the German embassy in Rome. A new job in a new city. I thought to process the experiences I made here in one (or a few?) articles.

It’s been quite a rough month for Germany’s Foreign Affairs department. First, Daniel Kriener, the German ambassador in Venezuela, was forced to leave the country after welcoming Interim President Guiadó at the airport of Caracas. Interestingly, although plenty of other diplomats joined him, he was the only one to be declared a “persona non grata” for interfering in Venezuela’s internal affairs. A few weeks later, a deputy speaker of the German Bundestag (who is also a member of the liberal party) demands to expel the US ambassador Grenell for the same offence. Prior, the US diplomat has criticized Germany’s plan to break their promise of contributing more to NATO’s defence budget. Albeit I politically agree with both actions of the diplomats in these cases, they delineate the ongoing structural changes in the diplomacy sector. To illustrate this, I will first provide a theoretical framework to analyze ongoing diplomatic challenges before trying to examine the role of diplomacy in the future.

Principal-Agent Theory and decreasing relevance

I conceive diplomacy as mostly a principal-agent based problem. I believe that many problems in diplomatic negotiations can be traced back to the classic effects of asymmetric information. Since two principals, in this case two states, cannot negotiate with each other directly in most cases, these arbitrations are carried out between various agents. Those agents are of course not always the ambassadors. In a broad meaning, one can apply the principal-agent paradigm to diplomacy by every negotiating process initiated by the state.

Through the lens of the principal-agent paradigm, I perceive the main task of diplomacy to achieve a good negotiating position, for example through an informational advantage. However, due to globalization, state-to-state diplomacy has been drastically weakened. The negotiating game is now mostly carried out within other institutions with lower transactions costs. Two countries want a new trade deal? Just orientate on WTO Rules. Sue another country? Call the International Criminal Court. A few voices made reasonable arguments even for abolishing unnecessary embassies and only keeping the crucial ones. The Trump administration, for example, seems not eagerly committed to fill the around 18 vacant ambassador positions hastily.

Certainly, the globalization combined with the expansion of robust institutions leaves little space for traditional diplomacy as a driving force in interstate relations. This is not necessarily a bad development: As Paul W. Meerts points out, this can be a huge chance for weaker states since negotiating in multilateral rather than bilateral constellations tends to weaken the position of stronger states. Thus, playing out the trump cards in negotiations will be harder for the hegemon. We can currently witness this in the Brexit debate: Even though the strong states, Germany and France, have a vast repertoire of power resources to use as leverage against GB in the negotiations, the can hardly deploy them through EU’s multipolar negotiating structure.

Contrary, there are also recent examples of deploying bilateral traditional diplomacy measures successfully. China’s initiation of Italy’s accession to the Belt Road Initiative (see Tridivesh Singh Maini’s great article here for a quick overview) is a prime example for this. But no other case shows the weaknesses of bilateral diplomacy in a more drastic way: China was able to transpose their tremendous power resources into a deal which heavily favours the Chinese economy. The very ambiguous agreement laid down a strategy of “closer economic collaboration.” The oppositional criticism of the deal coming from the very left and the right is based on economic nationalism and thus misses the important point. Chinese government exerts immense influence on key enterprises like  Tencent, Alibaba, and Badoo: Digital fundamental research topics such as AI were distributed to the firms not through competition but through the state ( I highly recommend Amy Webb’s EconTalk if you want to dig deeper into this.). Once they build sufficient digital infrastructure here in Europe, network effects and technological advantage will come into effect and engender high entry barriers and exit costs. This makes it easy for China to enforce its regulation rather than obeying European ones. Although it is hard to finally determine if multilateral negotiations would have secured a politically better deal, I favour higher short-term transaction cost of multilateral negotiations over the long-term threat showed above.

Embassies as service provider

Of course, taking care of a good interstate negotiation position is not the only task of an embassy. A popular counterargument is that the principal-agent perspective neglects the vital daily business of embassies to help their citizens abroad. Speaking of large and prestigious Embassies though, I estimate that their role as service provider for abroad living citizens will further decline. Most of their maintenance work for citizens living abroad will be redundant due to technological process and further institutionalization. Renewing a Passport, issuing visas and transporting back coffins (yep) are a frequent task, but easy to “source out” to private actors in the future.

But what is the role for ambassadors and embassies then?

This question is where it gets interesting in my opinion. Deeply rooted in international conventions and international customary law, discreet and silent work has been prerequisite for an ambassador. Carefully collecting small pieces of information and building bridges to local actors were the key for a good negotiating position. But as elaborated above, international institutions do the job more efficiently. A new role of ambassadors as advocates for concrete policy measures would be diametrically opposed to international conventions. Based upon the “legality creates legitimacy” premises, a further politicization of diplomacy seems not at present having a majority and thus is unlikely to be buttressed by legal means.

However, if we fall back into a narrative of nationalism, bilateral diplomacy will regain relevance. Otherwise, it will continue to slowly lose importance and eventually wane. Hence, the main challenge nowadays is to look for the right niche for traditional diplomacy – and it seems that it has not been found yet.

From the Comments: who is the conservative or libertarian equivalent of Nancy MacLean?

Rick posed a great question about Nancy MacLean awhile back. I haven’t been neglecting it. I’ve been thinking about it. Here it is:

Question for those more abreast than me: do conservatives or libertarians have an equivalent of Nancy MacLean? All sides have irresponsible pseudo-scholars, but how often do the various camps launch one of them to undue prominence instead of just ignoring them?

Michelangelo suggests Murray Rothbard as one example, and I had that thought as well, but that’s almost too obvious, and he’s been dead for a long time now.

Libertarians today are pretty firmly divided by the cosmos and paleos, so undue prominence is hard to get. When was the last time you saw Jason Brennan or Bryan Caplan praising the work of Justin Raimondo or Lew Rockwell?

With that being said, I think libertarians nowadays tend to launch intellectual fads into undue prominence, rather than scholars. Stuff like Open Borders or signaling or my personal favorite, non-intervention in foreign policy, tend to hold a prominence in libertarian circles that I find ridiculous. If you don’t believe me, find your nearest Cato Institute scholar on Twitter and ask him (yes, him) if his pet policy project has any potential flaws in it…

From the Comments: Mexican communist art at San Francisco’s public colleges

My college (City College of San Francisco) has a “Diego Rivera Theater” featuring a mural by the artist that spans the width of the building. It is the cultural asset of which the college is most proud. It is very nice to look at. Here’s a picture.

That’s from David Potts, who teaches philosophy at City College of San Francisco and blogs at Policy of Truth.

I’ve seen the real thing. It’s absolutely beautiful. If you’re doing the tourist thing in San Francisco, or if you live there and are looking for something to do, make sure you hit up CCSF.

Answering questions about Bolsonaro (from the comments)

Answering some comments about Bolsonaro, as far as I can.

Can you deal more precisely with some well known claims about Bolsanoro: he has praised at least one military officer who was a notorious torturer under the last dictatorship.

The “notorious torturer” in question is Carlos Alberto Brilhante Ustra. Ustra himself wrote a book, A Verdade Sufocada, questioning this accusation. I am not defending Ustra (as Bolsonaro does), but in my ignorance, I lift any judgment.

he has praised the dictatorship.

There is no denying that. Actually, Bolsonaro refuses to admit Brazil went through a dictatorship between 1964 and 1985.

I’ve just checked your previous contributions on Brazilian politics and you seem to be in favour of the dictatorship as a agent of struggle against Marxism. I agree that marxism is a bad thing, but it’s not clear to me that means supporting rightist dictatorship.

Nothing could be further from the truth. Read again.

You say that Bolsanaro understands the need for ‘order’ in Brazilian society.

Actually, his name is Bolsonaro. Where did I write that?

Can you identify some restrictions on liberty in Brazil that Bolsanaro would remove?

No, I cannot. One thing is for sure: he is not a libertarian.

Don’t you think there is the slightest risk his attitude to ‘order’ might lead the police to act with more violence?

Well, all things are possible. But I don’t think that this is plausible.

Do you deny that the police sometimes act with excessive violence in Brazil?

No.

Do you have any expectation that Bolsanaro will do anything to resolve this or the evident failings of the judicial system?

Yes. Having Sergio Moro as Minister of Justice is a great move in the right direction.

Do you deny that Bolsanaro said he would prefer his son to be gay rather than die?

No.

Don’t you think this gives gays good reason to fear Bolsanaro?

Not at all. Bolsonaro was being very honest about his personal beliefs and how they apply to his personal life. Even then, this was a few years ago. I believe he is changing his mind on a number of issues, including this one. Anyway, he was talking about his private life, and not what he would do as president.

I have had a message from a gay American friend who says he is afraid of what will happen and may have to flee the country? Do you understand and care why he is afraid? Do you have any words I can pass onto my friend to reassure him? Preferably not angry words about Gramsci, ‘cultural Marxism’ and ‘gender theory’.

If I can’t talk about cultural Marxism, Gramsci and gender theory, I can’t help much. This is essential to explain what is going on in Brazil.

Could you actually explain what this ‘gender theory’ in schools is that it i so terrible and apparently justifies Bolsanaro’s crude language?

It would take very long, but the short answer I can give here is that it is terrible to teach people that their gender has nothing to do with biology. Apart from real medical conditions, people are born XX or XY, and gender and sex go together.

Do you deny that he said a congress woman was too ugly to rape?

No, I don’t. This woman, Maria do Rosário, called him a raper. How would you feel being called a raper? I know I wouldn’t like a bit. Besides, on that occasion, Bolsonaro was exactly defending harder punishment for rapers, following the Champinha case. Champinha and his gang raped and then murdered Liana Friedenbach and her boyfriend Felipe Caffé in one of the most barbarous crimes in recent Brazilian history.  Maria do Rosário was defending Champinha and his gang. See if you can find something about it in a language you can read. In sum, Bolsonaro answered an insult with another insult. I have no problem with that whatsoever.

Can you explain how someone can be fit to hold the highest office in Brazil who makes such a comment?

It would take very long. But the short answer is that I am really happy to have a president who, if he had his own way, would have the death penalty for criminals like Champinha and his gang.

It’s nice of course that Bolsanaro says now he is favour of free market economics, but isn’t he now back pedalling on this and promising to preserve PT ‘reforms’?

He is not a libertarian. Libertarians are sure to be disappointed.

Well, I will stop here.  Sadly, although I can’t “write at length” more than that.

I write at length, so does Jacques, so there is no reason why you should not.

Actually, there are many reasons. You just don’t know. I did what I can right now. All the best.

From the Comments: Bolsonaro is no libertarian (but is he a fascist?)

Barry Stocker outlines the sentiments of many libertarians when he put forth the following argument under Bruno’s “Brazil turns to the Right” post:

Bruno (responding to this and your previous linked post), I’m delighted to be assured that Bolsonaro is not a homophobe, misogynist, a racist or a fascist (an absurdly over used term anyway). However, you offer no evidence to counter the impression that Bolsanaro has leanings in these directions in the Anglophone media, and not just the left-wing media.

Can you deal more precisely with some well known claims about Bolsanoro: he has praised at least one military officer who was a notorious torturer under the last dictatorship, he has praised the dictatorship. I’ve just checked your previous contributions on Brazilian politics and you seem to be in favour of the dictatorship as a agent of struggle against Marxism. I agree that marxism is a bad thing, but it’s not clear to me that means supporting rightist dictatorship.

You say that Bolsanaro understands the need for ‘order’ in Brazilian society. I’m sure we can all agree that Brazil would benefit from more rule of law, but calling for ‘order’ has a rather unpleasant ring to it. The ‘party of order’ has rarely been good for liberty. Can you identify some restrictions on liberty in Brazil that Bolsanaro would remove? Don’t you think there is the slightest risk his attitude to ‘order’ might lead the police to act with more violence? Do you deny that the police sometimes act with excessive violence in Brazil? Do you have any expectation that Bolsanaro will do anything to resolve this or the evident failings of the judicial system?

Do you deny that Bolsanaro said he would prefer his son to be gay rather than die? Don’t you think this gives gays good reason to fear Bolsanaro? I have had a message from a gay American friend who says he is afraid of what will happen and may have to flee the country? Do you understand and care why he is afraid? Do you have any words I can pass onto my friend to reassure him? Preferably not angry words about Gramsci, ‘cultural Marxism’ and ‘gender theory’. Could you actually explain what this ‘gender theory’ in schools is that it i so terrible and apparently justifies Bolsanaro’s crude language? Do you deny that he said a congress woman was too ugly to rape? Can you explain how someone can be fit to hold the highest office in Brazil who makes such a comment?

It’s nice of course that Bolsanaro says now he is favour of free market economics, but isn’t he now back pedalling on this and promising to preserve PT ‘reforms’? Exactly what free market policies do you expect him to introduce and what do you think about the rowing back even before he is in office? Could you say more about which parties and personalities represent classical liberalism now in Congress? If Lula and other leftist politicians (who of course I don’t support at all) have used worse language than Bolsonaro, could you please give examples?

On more theoretical matters

‘Cultural marxism’ to my mind is not an excuse for Bolsanaro’s words and behaviour, or what I know about them. Your account of cultural Marxism anyway strikes me as fuzzy. I very much doubt that Gramsci would recognise himself amongst current ‘cultural Marxists’ and the topics that concern them. I can assure you that a lot of people labelled ‘cultural Marxists’ would not recognise themselves as Marxist or as followers of Marcuse or Gramsci.

The politics of Michel Foucault are a rather complicated and controversial matter but lumping him with some Marxist bloc is hopeless. This isn’t the place to say much about Foucault, but try reading say: *Fearless Speech*, *Society Must Be Defended*, or *Birth of Biopolitics* then see if you think that Foucault belongs with some Marxist or cultural Marxist bloc. The claim that relativism about truth is something to do with Marxism and the anti-liberal left is absurd, all kinds of people with all kinds of politics have had all kinds of views about the status of truth over history. Jürgen Habermas who is an Enlightenment universalist is an influence on the intellectual left, as is Noam Chomsky, a belief in innate knowledge in the form of the universal grammar of languages and associated logical capacity.

Conservatism has often resorted to relativism about the unique values of different countries. Do you think the ancient Sceptics and Sophists have something to do with cultural Marxism? You are referring to these phenomena in a series of familiar talking points from conservative pundits which do not make sense when applied to rather disparate people with different kinds of leftism, of course I have criticisms of them but different kinds of criticisms respecting differences between groups, in which I try to understand their arguments and recognise that sometimes they have arguments worth taking seriously, not a series of angry talking points.

I look forward to being educated by your reply. Please do give us detail and write at length. I write at length, so does Jacques, so there is no reason why you should not.

Again, Barry’s arguments are a good indication of how many in the libertarian movement, worldwide, view Bolsonaro (and others like him, such as Trump), but, while I eagerly await Bruno’s thoughts on Barry’s questions, I have my own to add:

Bolosonaro got 55% of the vote in Brazil. How long can leftists continue to keep calling him a “fascist” or on the “far-right” of the Brazilian political spectrum, especially given Brazil’s cultural and intellectual diversity? Leftists are, by and large, liars. They lie to themselves and to others, and maybe Bruno’s excitement over Bolsonaro’s popularity has more to do with the cultural rebuke of leftist politics in Brazil than to Bolsonaro himself; he’s well-aware, after all, that Brazil’s problems run deeper than socialism.

Bolsonaro’s vulgar, dangerous language might be entertaining, and Brazil’s rebuke of socialist politics is surely encouraging, but it can be easy to “take your eye off the ball,” as we say in the States. Brazil has a long way to go, especially if, like me, you think Brazilians have elected yet another father figure rather than a president tasked with running the executive branch of the federal government.