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    Will Boris the Big Beast be Back?

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      in World Politics

      The Art of Prince Andrew’s Lawyers

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      With everything that has been going on as the world seeks to weigh the chances of a nuclear war and a realignment of nations across the globe, fans of the media may have failed to tune into the real news that broke in recent weeks. Forget Ukraine, there is another drama whose suspense is building. It obviously concerns the fate of the battered Prince Andrew because of his role in the Jeffrey Epstein/Ghislaine Maxwell saga that has already produced an officially (and conveniently) declared “suicide” (Epstein’s) and a celebrity criminal trial (Maxwell’s). 

      Since a US judge has now agreed to bring Virginia Giuffre’s civil lawsuit to trial, it means that for the first time, a prince of England, a member of the royal family, will be officially put on the hot seat in an American courtroom. The rebelling colonists couldn’t get King George III to answer for his crimes, but they now appear to have a son of Elizabeth II in their grasp.

      Boris Johnson’s Convenient Bravado

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      For weeks, the media have been running updates specifically on speculation about the legal strategy Andrew’s attorneys are likely to adopt. Though for the moment it remains mere speculation, it does have the power for attentive observers to provoke a few comic effects. The latest hypothesis has the lawyers seeking to turn the tables on Giuffre by accusing her of sex trafficking. They aren’t claiming Andrew is innocent, but they want her to appear guilty. Business Insider considers that ploy “risky” because the tactic consists of getting a witness — another of Epstein’s victims — to make that claim about Giuffre. It risks backfiring because the witness could actually contradict Andrew’s adamant claim that he never had sex with Giuffre.

      Embed from Getty Images

      Actually, the legal team appears already to have prepared a strategy for that eventuality. On January 26, NPR reported that Andrew’s lawyers addressed a message to the court saying, “that if any sexual activity did occur between the prince and Virginia Giuffre, it was consensual.” This may sound odd because the accused’s lawyers should know if he did or didn’t, but the law is never about knowledge, only the impression a good attorney can make on a judge or a jury.

      NPR continues its description of the lawyers’ position: “The court filing made clear that Andrew wasn’t admitting sexual contact with Giuffre. But it said if the case wasn’t dismissed, the defense wants a trial in which it would argue that her abuse claims ‘are barred by the doctrine of consent.’”

      Today’s Weekly Devil’s Dictionary definition:

      Consent:

      Agreement on something perceived as illicit between two or more people, including, in some extreme cases, a member of the British royal family and a 17-year-old American girl turned into a sex slave by the royal’s best American friend

      Contextual Note

      Since lawyers live in a world of hypotheticals, evoking the idea that “if” a judge and jury were to decide sexual contact between the two was real, it should enable the legal team to make a claim they expect the court to understand as: She was asking for it. In civil cases, all lawyers know that attack is the best defense.

      Thus, Andrew’s legal team is now being paid, not to prove the prince’s innocence, but to establish the guilt of the victim. They are seeking to create the impression that the Virginia Roberts of two decades ago was already a wolf in sheep’s clothing when she consented to consorting with a prince. And, of course, continues to be one as she seeks to profit from the civil trial today.

      Unique Insights from 2,500+ Contributors in 90+ Countries

      Most commentators doubt that Andrew has a case. This has permitted the media to revel in the humiliation of a man who has always been perceived as supercilious and deserving of no one’s attention apart from being the queen’s “favourite son.” That is why this has been nothing but bad news for Buckingham Palace. 

      And it looks to get worse. So stay tuned.

      Historical Note

      Legal experts tell us that what the prince’s lawyers refer to as the “doctrine of consent” is officially described as the “doctrine of informed consent.” More pertinently, the consent referred to focuses entirely on cases in the realm of medical treatment. It is all about a patient’s agreement to a medical procedure that may be risky. It defines the physician’s duty to inform the patient of all the risks associated with a recommended procedure. If consent is obtained, the physician will be clear of responsibility should any of the risks be realized.

      It may seem odd that Prince Andrew’s lawyers are appealing to a doctrine established specifically for medical practice. But while many will not think of lawyers themselves as appealing, whenever they lose a case, you can be sure that they will be appealing it. But that isn’t the only kind of appealing they do. When preparing a case, they will appeal to any random principle or odd fact that appears to serve their purpose. This should surprise no one because, just like politicians who focus on winning elections rather than governing, lawyers focus on winning cases for their clients rather than on justice.

      The sad truth, however, for those who believe that justice is a fine thing to have as a feature of an advanced civilization is that the lawyers are not only right to follow that logic; the best of their lot are also very skillful in making it work. Which is why what we call the justice system will always be more “just” for those who can afford to pay for the most skillful lawyers.

      The final irony of this story lies in the fact that, in their diligence, the lawyers have borrowed the idea behind the doctrine of consent, not from the world of sexual predation, but from the realm of therapy and medical practice. They need to be careful at this point. Even Andrew and his lawyers should know that if you insert a space in the word “therapist,” it points to the image Prince Andrew has in some people’s minds: “the rapist.” The mountains of testimony from Jeffrey Epstein’s countless victims reveal that, though they were undoubtedly consenting in some sense to the masterful manipulation of the deceased billionaire and friend to the famous and wealthy (as well as possibly a spy), all of them have been to some degree traumatized for life by the experience.

      Embed from Getty Images

      As Bill Gates explained when questioned about the problem of his own (he claims ill-informed) consent to whatever he was up to with Epstein, for him there could be no serious regrets. The problem no longer exists because, well, “he’s dead” (referring to his pal, Jeffrey). Prince Andrew is still alive, though this whole business has deprived him of all his royal privileges, making him something of a dead branch on the royal family tree. Virginia Giuffre is also still alive, though undoubtedly disturbed by her experience as a tool in the hands of Jeffrey Epstein, Ghislaine Maxwell and Prince Andrew.

      So, unless a nuclear war intervenes in the coming weeks between the US and Russia making everything else redundant (including the collapse of Meta’s stock), the interesting news will turn around the legal fate in the US of two prominent Brits. The first is a socialite (and possibly also a spy) as well as a high-profile heiress, Ghislaine Maxwell. She is expected to have a retrial sometime in the future. The second is none other than the queen’s favorite son.

      *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Fair Observer Devil’s Dictionary.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      in World Politics

      Boris Johnson’s Convenient Bravado

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      In the prelude to World War I, Western nation-states, from North America to the Urals, found themselves involved in a strange game nobody really understood. It turned around their perception of each nation’s individual image on the world stage. Each nation imagined itself as wielding a form of geopolitical power whose hierarchy was impossible to define.

      Even the borders of nations, the ultimate criterion for defining a nation-state, had become hard to understand. The idea of each nation was built on a mix of geographical, cultural, linguistic, ethnic, religious and ideological considerations. These became infinitely complicated by shifting relationships of dependency spawned by the dominant colonial model they all accepted as normal. And not just normal. Colonialism appeared to both Europeans and Americans as an ideal to aspire to.

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      Two world wars in the first half of the 20th century had the effect of seriously calming the obsession of Western nations with their individual images. For most of the nation-states emerging from the Second World War, an air of humility became the dominant mood. Two hegemons emerged: the United States and the Soviet Union. But even those powerhouses accepted to work within the framework of an idealized system, the United Nations. That forced them to respect, at least superficially, a veneer of outward humility. The Cold War’s focus on ideologies — capitalism vs. communism — served to hide the fact that the new hegemons were the last two political entities authorized to assert the geopolitical power associated with the previous century’s colonial nation-states.

      The current showdown between the US and Russia over events at the Ukrainian border shows signs of a return to the ambience that preceded the First World War. The Soviet Union disappeared 30 years ago, leaving a weak Russian state in its stead. The US has been on a steep decline for two decades since the confusion created on 9/11.

      Embed from Getty Images

      That should signify the existence of an opportunity for non-hegemonic nation-states to reemerge and potentially vie for influence on the world stage, as they did before World War I. After a century of adaptation to the consumer society on a global scale, however, the similarities may only be an illusion. 

      Still, some people appear to believe in an idea definitively discarded by history. The New York Times’ take on the latest posturing of Great Britain proves that the illusion is still alive in some people’s heads. In recent days, Prime Minister Boris Johnson has been diligently seeking to drag his isolated, Brexited nation into the fray of Eastern European border disputes, conjuring up reminiscences of pre-1914 Europe.  

      Over the weekend, British intelligence spread the “intelligence” that President Vladimir Putin is seeking to install a pro-Russian leader in Kyiv. Times reporter Mark Lander cites unnamed “British officials” who “cast it as part of a concerted strategy to be a muscular player in Europe’s showdown with Russia — a role it has played since Winston Churchill warned of an ‘Iron Curtain’ after World War II.”

      Today’s Weekly Devil’s Dictionary definition:

      Muscular player:

      An actor or performer whose wardrobe and makeup teams have the ability to turn the player into an image of Atlas or Hercules during a performance on a stage

      Contextual Note

      In the games that precede a major military conflagration, nations feel compelled to adopt attitudes that go well beyond their ability to perform. Lander quotes Malcolm Chalmers, the deputy director-general of a think tank in London, who explains that Johnson’s Britain “is differentiating itself from Germany and France, and to some extent, even the U.S.” He adds this pertinent observation: “That comes out of Brexit, and the sense that we have to define ourselves as an independent middle power.”

      There’s much that is pathetic in this observation. In a totally globalized economy, it is reasonable to doubt the idea of a “middle power” has any meaning, at least not the meaning it once had. Outside of the US and China, Russia may be the only remaining middle power, because of two things. First, its geography, its sheer landmass and its future capacity to dominate the Arctic. Second, its military capacity carried over from the Soviet era. The rest of the world’s nations, whether middle or small, should not even be called powers, but “powerlessnesses,” nations with no hope of exercising power beyond their borders. Alongside the middle and small, there may also be two or three “major” powerless nations: India, Brazil and Australia.

      Unique Insights from 2,500+ Contributors in 90+ Countries

      But, of course, the most pathetic aspect of the description of Britain’s ambition is the fact that Johnson’s days as prime minister appear to be numbered. He is already being hauled over the coals by his own party for his impertinent habit of partying during a pandemic. 

      In a press conference in Kyiv on February 1, Johnson deployed his most muscular rhetoric. For once finding himself not just on the world stage but in the eye of the hurricane, he felt empowered to rise to the occasion. “This is a clear and present danger,” he solemnly affirmed. “We see large numbers of troops massing, we see preparations for all kinds of operations that are consistent with an imminent military campaign,”

      The hollowness of Johnson’s discourse becomes apparent with his use of the expression, “clear and present danger,” a locution that derives from a US Supreme Court case concerning the limits on free speech guaranteed by the First Amendment. Chief Justice Oliver Wendell Holmes used the phrase in his draft of the majority decision in 1919. It became a cliché in American culture, even reaching the distinction of providing the title of a Hollywood action movie based on a Tom Clancy novel.

      As for his analysis of the clear and present danger, Johnson, who studied the classics at Oxford but maybe missed Aristotle, seems to ignore the logical inconsistency of assuming that if A (military buildup) is consistent with B (a military campaign), it does not make B predictable and even less “imminent.” That, however, is the line the Biden administration has been pushing for weeks. Johnson’s abject adherence to it may be a sign of the fact that Johnson is incapable of doing what Chalmers claimed he was trying to do: differentiate Britain — even “to some extent” — from the US.

      Historical Note

      The Times’ Mark Lander is well aware of the hyperreal bravado that explains Johnson’s move. “The theatrical timing and cloak-and-dagger nature of the intelligence disclosure,” Lander writes, “which came in the midst of a roiling political scandal at home, raised a more cynical question: whether some in the British government were simply eager to deflect attention from the problems that threaten to topple Prime Minister Boris Johnson.”

      Lander goes on to cite Karen Pierce, the British ambassador to the United States, eager to remind people of the historical logic of Johnson’s move. She refers to a British tradition rife with cloaks and daggers. “Where the Russians are concerned, you’ll always find the U.K. at the forward end of the spectrum.” She wants us to think back to Britain’s active participation in the Cold War, punctuated by an occasionally embarrassing episode such as the 1961 Profumo affair, starring model and escort Christine Keeler. But she knows that what best illustrates that glorious period for Britain in its holy struggle against the Soviet Union is James Bond, who has long been “at the forward end” of the Hollywood spectrum. In our hyperreal world, Pierce knows that fiction will always dominate and replace our understanding of reality. 

      Embed from Getty Images

      We need to ask another question in a world conditioned by the image of Sylvester Stallone, Arnold Schwarzenegger and Dwayne “the Rock” Johnson. Does the world really need muscular players today? The ancient Greeks imagined Heracles as a naturally muscular hero, who built up his bulk through his deeds, not through his workouts in the gym or to prepare for body-building competitions. Heracles was about killing lions with his bare hands, slaying Hydras, capturing bulls, and even cleaning stables — that is, getting things done. For the Greeks, Heracles was a muscular being, not a muscular player. 

      When Greek playwrights actually put Heracles on the stage, he could be tragic (Euripides, “The Tragedy of Herakles”) or comic (Aristophanes, “The Frogs”). In that sense, Arnold Schwarzenegger, from “Conan the Barbarian” to “Twins,” fits the role. The difference is that Heracles was a deity (the son of Zeus with the mortal Alcmene) and, thanks to the completion of his seven labors, became a god on Mount Olympus. When Schwarzenegger completed his labors as a muscular player in more than seven films, he became a Republican politician in California.

      *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Fair Observer Devil’s Dictionary.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      in World Politics

      Britain’s Still Got It

      by

      Since Brexit in 2016, the United Kingdom’s growth rate has been poor. Inflation is at its highest rate in 30 years. In December 2021, it had risen to 5.4%. Wages have failed to keep up and, when we factor in housing or childcare costs, the cost of living has been rising relentlessly.

      COVID-19 has not been kind to the economy. Rising energy prices are putting further pressure on stretched household budgets. To stave off inflation, the Bank of England is finally raising interest rates, bringing an end to the era of cheap money. Payroll taxes are supposed to go up in April to repair public finances.

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      The Resolution Foundation is predicting that “spiralling energy prices will turn the UK’s cost-of-living crisis into a catastrophe” by spring. The UK’s 2022 budget deficit will be larger than all its G-7 peers except the US. The beleaguered Boris Johnson government finds itself in a bind. At a time of global inflation, it has to limit both public borrowing and taxes. Unsurprisingly, there is much doom and gloom in the air.

      We Have Seen This Movie Before

      Since the end of World War II, the UK has experienced many crises of confidence. One of the authors move to the country in 1977. Back then, the Labour Party was in power. James Callaghan was prime minister, having succeeded Harold Wilson a year earlier. The British economy was the fifth-largest in the world but was buffeted by crises. In 1976, the government had approached the International Monetary Fund (IMF) when, in the words of Richard Roberts, “Britain went bust.”

      Embed from Getty Images

      From 1964 to 1967, the United Kingdom experienced “a continuous sterling crisis.” In fact, the UK was “the heaviest user of IMF resources” from the mid-1940s to the mid-1970s. The 1973 oil crisis spiked energy costs worldwide and pushed the UK into a balance of payments crisis. Ironically, it was not the Conservatives led by Margaret Thatcher but Labour led by Callaghan that declared an end to the postwar interpretation of Keynesian economics.

      In his first speech as prime minister and party leader at the Labour Party conference at Blackpool, Callaghan declared: “We used to think you could spend your way out of a recession and increase employment by cutting taxes and boosting government spending. I tell you in all candour, that option no longer exists.” After this speech, the Callaghan government started imposing austerity measures.

      Workers and unions protested, demanding pay rises. From November 1978 to February 1979, strikes broke out across the UK even as the country experienced its coldest winter in 16 years. This period has come to be known as the Winter of Discontent, a time “when the dead lay unburied” as per popular myth because even gravediggers went on strike.

      In 1979, Thatcher won a historic election and soon instituted economic policies inspired by Friedrich von Hayek, the Austrian rival of the legendary John Maynard Keynes. Thatcher’s victory did not immediately bring a dramatic economic turnaround. One major industry after another continued to collapse. Coal mines closed despite a historic strike in 1984-85. Coal, which gave work to nearly 1.2 million miners in 1920 employed just 1,000 a century later.

      Unique Insights from 2,500+ Contributors in 90+ Countries

      Throughout the 1970s, the UK was dubbed “the sick man of Europe.” People forget now that a key reason the UK joined the European Economic Community (EEC) in 1973 was to make the economy more competitive. Between 1939 and the early 1990s, London lost a quarter of its population. Yet London and indeed the UK recovered from a period of crisis to emerge as a dynamic economy. Some credit Thatcher but there were larger forces at play.

      There Is Life in the Old Dog Yet

      Last week, one of the authors met an upcoming politician of India’s ruling Bharatiya Janata Party (BJP). A strong nationalist, he spoke about the importance of Hindi, improving India’s defense and boosting industrial production. When the conversation turned to his daughter, he said that he was sending her to London to do her A-levels at a top British school.

      This BJP leader is not atypical. Thousands of students from around the world flock to the UK’s schools and universities. British universities are world-class and train their students for a wide variety of roles. Note that the University of Oxford and AstraZeneca were able to develop a COVID-19 vaccine with impressive speed. This vaccine has since been released to more than 170 countries. This is hardly surprising: Britain has four of the top 20 universities in the world — only the US has a better record.

      Not only students but also capital flocks to the UK. As a stable democracy with strong rule of law, the United Kingdom is a safe haven for those seeking stability. It is not just the likes of Indian billionaires, Middle Eastern sheikhs and Russian oligarchs who put their wealth into the country. Numerous middle-class professionals choose the UK as a place to live, work and do business in. Entrepreneurs with a good idea don’t have to look far to get funding. Despite residual racism and discrimination, Britain’s cities have become accustomed to and comfortable with their ethnic minorities.

      Alumni from top universities and skilled immigrants have skills that allow the UK to lead in many sectors. Despite Brexit, the City of London still rivals Wall Street as a financial center. Companies in aerospace, chemical and high-end cars still make the UK their home. British theater, comedy, television, news media and, above all, football continue to attract global attention.

      Embed from Getty Images

      Napoleon Bonaparte once purportedly called the UK “a nation of shopkeepers.” There is an element of truth to this stereotype. The British are a commercially savvy, entrepreneurial and business-friendly bunch. One author knows a dealer who trades exclusively in antique fans and a friend who specializes in drinks that you can have after a heavy night. The other has a friend who sells rare Scotch whiskey around the world and an acquaintance who is running a multibillion insurance company in India. Many such businesses in numerous niches give the British economy a dynamism and resilience that is often underrated. Everything from video gaming (a £7-billion-a-year industry) to something as esoteric as antique fan dealing continues to thrive.

      The UK also has the lingering advantage of both the Industrial Revolution and the British Empire. Infrastructure and assets from over 200 years ago limit the need for massive capital investment that countries like Vietnam or Poland need. Furthermore, the UK has built up managerial experience over multiple generations. Thanks to the empire, English is the global lingua franca and enables the University of Cambridge to make money through its International English Language Testing System. Barristers and solicitors continue to do well thanks to the empire’s export of common law. Even more significantly, British judges have a reputation for impartiality and independence: they cannot be bribed or coerced. As a result, the UK is the premier location for settling international commercial disputes.

      In 1977, the UK was the world’s fifth-largest economy. In 2022, 45 years later, it is still fifth, although India is projected to overtake it soon. The doom and gloom of the 1970s proved premature. The same may prove true in the 2020s. The economy faces a crisis, but it has the strength and track record to bounce back. The UK still remains a jolly good place to study, work, invest and live in.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      in World Politics

      The Value of EU Citizenship in a Post-Brexit World

      by

      In the 1980s, I was born having freedom of movement across Europe, when Britain was part of the European Economic Community. The concept of EU citizenship was formally established in 1993, as part of the creation of the European Union itself, under the Maastricht Treaty.

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      Freedom of movement in Europe was always something I took for granted. I saw Europe as part of our heritage, despite the grumblings of euroskeptics and sly articles in the British press about the perils of straight bananas and the metric system. 

      I traveled a lot in my youth, but travel was never really the issue. Citizens of many countries from outside the EU can stay in the Schengen zone for up to 90 days without a visa. It wasn’t until 2009 that the benefits of being an EU citizen became obvious to me. 

      Free to Work and Study in Europe 

      I signed up for a master’s degree in Brussels, Belgium. The beauty of this was, as an EU citizen, the entire degree cost me only €500 ($560). It was taught in English and full of students from all over the world.

      Embed from Getty Images

      There was no paperwork to deal with, no need to prove income, no need to apply for any student visas. Education in Belgium was as open to me as education in my country of origin. And that would have been the same for education in any country in the EU. 

      I stayed in Belgium for two years. During that time, I could work freely without any authorization. I taught English at the European Parliament. I also did a number of freelance jobs on the side. But I could have worked anywhere, from behind a bar, to the top levels of the European institutions. 

      As an EU citizen, I had the right to live and work in Belgium, just as I did with any other country in the EU and the European Economic Area (EEA). No sponsorship needed, no work visa, no permission of any kind. 

      I often traveled back and forth between London and Brussels. The Eurostar was, and still is, the best mode of transport. It takes you directly from the center of one capital into the center of the other. With an EU passport, going through immigration was quick and simple. In contrast, passport holders from outside the EU had to wait in a separate queue, all herded together. 

      I didn’t use my EU freedom of movement rights again for 10 years. But that would be for the final time, as a big change was coming. 

      The Vote That Changed Everything

      In 2016, a majority of British voters decided the UK should leave the European Union. Millions of British citizens would soon lose their EU rights. People with Irish or other European relatives were desperately applying for second passports.

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      The next few years were chaotic, full of political turmoil and tribalism. The Brexit referendum had split the country down the middle, and things would never be the same again.

      After the vote, there was a rapidly closing window of opportunity to move to the EU. I knew that was the only option for me. So, in the early weeks of 2020, I moved to Lisbon, the capital of Portugal. Time was running out by then, with the Brexit transition period in full swing. Within months, UK citizens would be officially relegated to third-country national status. 

      There was no time to waste in securing residency in Portugal. As an EU citizen, it was easy. I landed in Lisbon, took my passport and showed up at the nearest municipal office. Thirty minutes and €15 later, I had a five-year temporary residency document for Portugal. 

      Portugal’s citizenship timeline is five years. All being well, that document will allow me to regain my EU rights sometime in 2025, this time as a proud citizen of Portugal — the country I chose.  

      The EU project is far from perfect. Like any large-scale collaboration of humans, it’s fraught with issues. Yes, there’s corruption. Yes, there’s waste and inefficiency. Despite that, the EU is an ambitious project that emerged out of the devastation of the Second World War. The resulting economic cooperation has kept Europe peaceful ever since. In that sense, it’s doing exactly what it was designed to do.

      Citizen of Another Somewhere

      I don’t like nationalism. It’s too easily misused. And I can’t be proud of something that I didn’t achieve: the coincidence of being born on a certain piece of land. Does that mindset make me a “citizen of nowhere”? If so, that’s good. Thanks for the compliment, Theresa. 

      Embed from Getty Images

      As the late John le Carre once said, “If you want to make me a citizen of nowhere, I will become a citizen of another somewhere.” An Englishman all his life, le Carre died an Irish citizen, so disappointed was he at the fallout from Brexit. He was fortunate to have that Irish heritage. Not everyone does. And those that don’t have become second-class citizens in Europe.

      National pride is artificially constructed to hold the nation-state together. It plays on our natural inclinations toward tribalism, which is merely an evolutionary hangover. Benedict Anderson’s classic book, “Imagined Communities,” explains these ideas better than I ever could.

      Perhaps the EU is an “imagined community” too. But countries working together, no matter how flawed the process, is the only route we have to improving the world. It’s a project I’m determined to be part of. And if I can’t do so as a British citizen, then I’ll happily do so as a Portuguese. 

      *[Samantha North is the founder of Digital Émigré, an EU citizenship consultancy.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      in World Politics

      Washington’s Tawdry Victory Over Julian Assange

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      Last week witnessed the 80th anniversary of a moment in history qualified by Franklin D. Roosevelt as “a date which will live in infamy.” On December 8, 1941, the president announced that the United States was declaring war after Japan’s unprovoked attack on Pearl Harbor a day earlier. A nation that had spent two decades wallowing in isolationism instantly became one of the principal and most powerful actors in a new world war. Victory on two fronts, against Germany and Japan, would be achieved successively in 1944 and 1945.

      Last week ended with its own day of infamy when a British court overturned an earlier judgment banning the extradition to the US of WikiLeaks founder Julian Assange. Following in the footsteps of the Trump administration, President Joe Biden’s Justice Department successfully appealed the ban in its relentless effort to judge Assange for violating the 1917 Espionage Act, itself a relic of the history of the First World War.

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      Back then, President Woodrow Wilson’s government pulled no jingoistic punches when promoting America’s participation in Europe’s war. It actively incited the population to indulge in xenophobia. Public paranoia targeting Germany, the nation’s enemy, reached such a pitch that Beethoven was banned from the concert stage, sauerkraut was officially renamed “liberty cabbage” and hamburger “liberty steak.”

      The manifestly paranoid Espionage Act sought to punish anyone who “communicates, delivers, or transmits, or attempts to communicate, deliver or transmit to any foreign government … any document, writing, code book, signal book, sketch, photograph, etc.” The law, specifically for a state of war, was so extreme it was rarely used until Barack Obama unearthed it as the elegant solution for suppressing the whistleblowers he had vowed to defend in his first presidential campaign.

      Embed from Getty Images

      Despite overindulging his taste for punishing whistleblowers, Obama refrained from seeking to extradite Assange. He feared it might appear as an assault on freedom of the press and might even incriminate The New York Times, which had published the WikiLeaks documents in 2010. In the meantime, Democrats found a stronger reason to blame Assange. He had leaked the Democratic National Committee’s emails during the 2016 presidential primary campaign. Democrats blamed the Australian for electing Donald Trump.

      During his 2016 campaign, Trump repeatedly praised WikiLeaks for its willingness to expose the undemocratic practices of the Clinton campaign. But once in power, Trump’s administration vindictively demanded Assange’s extradition from the UK for having revealed war crimes that deserved being hidden for eternity from the prying eyes of journalists and historians. 

      Many observers expected Biden to return to the prudent wisdom of Obama and break with Trump’s vindictive initiative. He could have quietly accepted the British judge’s decision pronounced in January. Instead, his Justice Department appealed. Unlike Trump, who sought to undermine everything Obama had achieved, Biden has surprisingly revealed a deep, largely passive respect for his predecessor’s most dangerous innovations — not challenging corporate tax cuts, the withdrawal from the Iran nuclear deal and Trump’s aggressive support for Israel’s most oppressive policies with regard to Palestinians.

      Biden’s eagerness to follow Trump’s gambit aimed at subjecting Assange to the US brand of military-style justice allowed New York Times journalists Megan Specia and Charlie Savage to describe Friday’s decision by the British court as a success for the administration. “The ruling was a victory,” they wrote, “at least for now, for the Biden administration, which has pursued an effort to prosecute Mr. Assange begun under the Trump administration.”

      Today’s Daily Devil’s Dictionary definition:

      Victory:

      Triumph in combat, including, at two extremes, cases marked by heroic action and others prompted by malicious self-serving motives and driven by the perpetrator’s confusion of the idea of justice with sadistic, vindictive pleasure

      Contextual Note

      The Times journalists quote Wyn Hornbuckle, a Justice Department spokesman, who “said the government was ‘pleased by the ruling’ and would have no further comment.” At no point in the article do the authors evoke the hypothesis that Biden might have sought to overturn Trump’s policy. Nor do they analyze the reasons that could undermine the government’s case. They do quote several of Assange’s supporters, including one who called “on the Biden administration again to withdraw” the charge. Serious observers of the media might expect that a pillar of the press in a liberal democracy might be tempted to express its own concern with laws and policies that risk threatening its own freedom. Not The New York Times. This story didn’t even make its front page. None of its columnists deemed it deserving of comment.

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      Journalist Kalinga Seneviratne, writing for The Manila Times, offered a radical contrast. “If this year’s Nobel Peace Prize is about promoting ‘press freedom,’” he speculates, “the Norwegian Nobel Committee missed a golden opportunity to make a powerful statement at a time when such freedom is under threat in the very countries that have traditionally claimed a patent on it.” He quotes the UN’s special rapporteur on torture, Nils Melzer, who claims that “what has been done to Julian Assange is not to punish or coerce him, but to silence him and to do so in broad daylight, making visible to the entire world that those who expose the misconduct of the powerful no longer enjoy the protection of the law.” 

      Deutsche Welle’s Matthias von Hein noted the interesting coincidence that three converging events took place on the same day. “In a bitter twist of irony,” he writes, “a court in London has essentially paved the way for Assange’s prosecution on Human Rights Day — of all days. And how ironic that it happened on the day two journalists were honored with the Nobel Peace Prize in Oslo. Last, but not least, it coincided with the second day of the Summit on Democracy organized by US President Joe Biden.”

      Von Hein added this observation: “We’re constantly hearing how Western democracies are in competition with autocratic systems. If Biden is serious about that, he should strive to be better than the world’s dictators.” But, as the saying goes, you can’t teach a 79-year old dog new tricks.

      Historical Note

      The coincidences do not end there. On the same day the news of Julian Assange’s fate emerged, Yahoo’s investigative reporter Michael Isikoff recounted the story of another man “brought to justice” by US authorities: Mohamedou Ould Slahi. The Mauritanian citizen had the privilege of spending 14 years in the Guantanamo Bay prison in Cuba without ever being charged with a crime, even after confessing to the crimes imagined by his torturers.

      It turns out to be a touching moral tale. Even after years of imprisonment and gruesome torture, Slahi “holds no personal animus against his interrogators.” According to Isikoff, “he has even met and bonded with some of those interrogators,” years after the event. “I took it upon myself,” Slahi explained, “to be a nice person and took a vow of kindness no matter what. And you cannot have a vow of kindness without forgiving people.”

      Embed from Getty Images

      It wasn’t the Prophet Muhammad who said, “turn the other cheek” or “Forgive, and you will be forgiven.” Those words were spoken by the man George W. Bush and Donald Rumsfeld claimed to revere and whom Bush considered his “favorite philosopher.” The Quran did continue the original Christian insight, pronouncing that “retribution for an evil act is an evil one like it,” and that reconciliation and forgiveness will be rewarded by Allah.

      There has clearly been no forgiveness in Washington for the “evil” committed by Assange: exposing war crimes conducted in secret with American taxpayers’ money. Slahi’s torture was conducted by the declared proponents of “Judeo-Christian” culture. Shahi’s forgiveness stands as an example of what that culture claims as a virtue but fails to embrace in its own actions.

      Shahi is reconciled with his interrogators. But does he also feel reconciled with those who gave them their orders? In 2019, he said, “I accept that the United States should follow and put to trial all the people who are harming their citizens. I agree with that. But I disagree with them that if they suspect you, they kidnap you, they torture you, and let you rot in prison for 15 or 16 years. And then they dump you in your country and they say you cannot have your passport because you have already seen so many things that we don’t want you to travel around the world to talk about.”

      Despite appearances, Mohamedou Ould Shahi’s case is not all that different from Julian Assange’s.

      *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Tony Blair’s Stand-Up Number

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      Is there any reason to pay attention to what Tony Blair, the British prime minister between 1997 and 2007, has to say after the Afghan debacle? The former member of the comedy duo, composed of George W. Bush (the inarticulate gaffer) and Blair (the sanctimonious moralizer), that performed prominently on the world stage in the first decade of this century, no longer has any serious connection to political power. Still, Blair manages to make occasional appearances in the news cycle, thanks principally to the inertia that so relentlessly drives the media’s choices.

      Now that the war the Bush and Blair team enthusiastically launched in 2001 has been officially lost, the Royal United Services Institute (RUSI) was curious to hear what the former leader might have to say. Would Blair offer some insider perspective on an episode of history now judged to have been a vainglorious attempt to punish a spectacular criminal act by mounting a military campaign that turned out to be more spectacular, equally criminal, much more costly and far more self-destructive of the civilization that was presumably defending itself? Would he apologize for his own mistakes? Would he coldly analyze the political and ideological sources of those mistakes?

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      Blair did admit that “maybe my generation of leaders were naive in thinking countries could be remade.” That was neither a confession nor an apology, especially as he immediately followed up by implicitly critiquing President Joe Biden’s precipitated withdrawal of US troops from Afghanistan, adding that “maybe the remaking needed to last longer.” He then used the now obligatory example of the plight of Afghan women to assert that “we mustn’t forget … that our values are still those which free people choose.”

      Instead of confessing and clarifying, the monologue he delivered resembled a self-parody of the reasoning that drove his error-ridden decision-making in 2001. “Islamism,” he proclaimed, “both the ideology and the violence, is a first order security threat… COVID-19 has taught us about deadly pathogens. Bio-terror possibilities may seem like the realm of science fiction, but we would be wise now to prepare for their potential use by non-state actors.” In short, once again, we need to be afraid, very afraid.

      Today’s Daily Devil’s Dictionary definition:

      Potential use:

      A term used by politicians to describe an unlikely event that usefully inspires fear in the public’s mind to justify aggressive efforts labeled “defense,” but which objectively appear to take the form of offensive assault against other nations and peoples

      Contextual Note

      In such moments, Blair can appear as if he is vying to become a stand-up comedian, a kind of one-man Monty Python, satirizing his nation’s historical institutions. Unfortunately, despite Blair’s notoriety, they are not in the same league. The Flying Circus boys came together initially as irreverent university wits, who targeted post-colonial British culture and the pompous establishment’s status quo. As the former living symbol of that pompous establishment, Blair’s comic ambition is fraught with insurmountable obstacles. Even when his discourse manages to sound as surreally unhinged as that of any of the characters invented by the Python, Blair will never break free from his former identity as the real-life representative of the establishment’s fake wisdom and pseudo-sanity.

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      In the later years of his reign as the young and glamorous prime minister, even before the devastating findings of the Chilcot report on the UK’s involvement in the Iraq War, many politically aware Brits were already tempted to change the spelling of his name from Blair to Bliar, to highlight his habit of solemnly lying his way into disastrous wars, alongside his buddy, President Bush. Together, those two men led an enterprise that some observers assess as a complex and long-enduring war crime.

      That both of those men should still be welcomed on the world stage, treated as sages and counted on to deliver wise commentary on current events should shock only those who are unaware of how today’s media works. It systematically honors those who have been the boldest in committing crimes, so long as such crimes are committed in the name of national security. That rationale has become so fundamental and so obsessively inculcated by those who exercise any form of political or economic power that committing extreme violence in the name of “national security” will always be lauded in the media as proof of a politician’s courage to go beyond the call of duty. 

      Historical Note

      Tony Blair’s comedy appears to be based on a simple premise. His onstage character assumes the stance of taking seriously the startling idea formulated in 1989 by Francis Fukuyama, as the Cold War was ending. According to the young political scientist, a golden age governed by the principles of Western liberalism was dawning. Fukuyama claimed that “we are witnessing… the end of history as such: that is, the end point of mankind’s ideological evolution and the universalization of Western liberal democracy as the final form of human government.”

      Fukuyama himself eventually abandoned that thesis or at least corrected our understanding of what he meant by it. Blair thinks we can return to 1992, a year in which the book, “The End of History and the Last Man” was published and the Soviet Union only existed in the past tense. In his secular preaching, Blair maintains the faith in the triumph of liberal values. “Recovering confidence in our values and in their universal application,” he affirmed, “is a necessary part of ensuring we stand up for them and are prepared to defend them.”

      Blair’s forward-looking aims at new battlegrounds. “Britain should work more closely with European countries on how best to develop capacity to tackle the threat in areas such as Africa’s Sahel region,” he said. This stands as a scintillating demonstration of how the neocolonialist mind works. It seeks a region of interest and then invents the threat. 

      Why is Blair singling out the Sahel? The answer should be obvious. It is the logic used by 19th-century European colonialist powers, who opportunistically looked for occasions to exploit the weakness of their rivals to dominate a particular part of the world. France is currently retreating from its futile engagement in the Sahel, an area it dominated to a large extent as a colonial power and in which it has been active as a neocolonial defender in the “global war on terror.”

      Embed from Getty Images

      Blair’s plan reads like a comic book version of traditional British imperialism. “We need some boots on the ground,” he said. “Naturally our preference is for the boots to be local, but that will not always be possible.” Let the natives die as we secure our rule. It is already laughable to suggest that Prime Minister Boris Johnson’s post-Brexit Britain might “work more closely with European countries” on its relations with the African continent.

      Blair is obviously thinking of a tandem with France, whose citizens have lost all patience with their nation’s inept military operation across the Sahel region. He imagines France and Britain together renewing the glory formerly achieved by the US-UK duo in the Middle East. Together they will ensure that the “remaking” lasts longer. France’s Jupiterian president, Emmanuel Macron, humiliated by the current pressure to withdraw troops, would clearly welcome the chance of participating in such an alliance, even if the French people are reticent.

      For Blair, it isn’t about power and money, though he is clearly attracted to both, especially the latter, which he has shown a talent for accumulating. No, it’s about universal values, Blair’s own singularly enlightened values. That’s a language dear to the president of the French Republic, a nation that has tirelessly sought to exercise its “mission civilisatrice” across the globe for the last three centuries. Blair, the stand-up comedian, will “stand up for” those values and be “prepared to defend them.”

      “Be prepared” is the Boy Scouts’ motto. In the final act of Shakespeare’s “Hamlet,” the young prince of Denmark declared to his friend Horatio that “the readiness is all.” Unlike Blair, however, Hamlet wasn’t interested in magnifying real or imaginary threats to his well-being. Instead, he was affirming a certain equanimity and trust in his own capacities. No need to invest in his training before what turned out to be a rigged fencing match. Hamlet refused to let fear be his guide.

      From the beginning of Shakespeare’s play, Denmark was in a state of war, feverishly building its armaments to defend itself from a “hot and full” Norwegian prince, Fortinbras. But it was Denmark’s own criminal king who brought the country down, leaving bodies strewn across the stage just as the young Fortinbras is about to arrive, survey the damage and take control of the state.

      *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Stopping at Diego Garcia Raises Questions for Germany

      by

      The frigate Bayernset sail for the Indo-Pacific at the beginning of August, as a German contribution to upholding the “rules-based international order.” Germany increasingly views the rules-based international order as under threat, not least through China’s vast territorial claims, including its artificial islands, in the South China Sea.

      The German government has repeatedly drawn attention to China’s disregard for international law, especially in the context of its refusal to abide by a ruling of the Permanent Court of Arbitration, which declared its territorial claims in the South China Sea illegal under international law in 2016. Yet the German warship’s chosen route takes it to a US base whose status under international law is — to say the least — contested, thus torpedoing the implicit criticism of China.

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      Diego Garcia is the largest island in the Chagos Archipelago, which formerly belonged to the British Indian Ocean colony of Mauritius. In 1965, the British illegally retained the Chagos Islands in order to construct a military base there. The United Kingdom declared the archipelago a restricted military area and deported its entire population to Mauritius and the Seychelles. Since then, the base on Diego Garcia has largely been used by the United States. The Brits have leased the island to the Americans until 2036.

      Violation of the Right to Self-Determination

      Mauritius has been seeking to reclaim its sovereignty over the Chagos Archipelago since the 1980s. In 2019, an advisory opinion by the International Court of Justice (ICJ) found that the UK’s claim to the archipelago contradicted the right to self-determination and called on UN member states to “co-operate with the United Nations to complete the decolonization of Mauritius.” A resolution adopted by a large majority of the UN General Assembly called for the United Kingdom to “withdraw its colonial administration.” Most European states abstained, including Germany.

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      While the advisory opinion and resolution are not legally binding, they certainly possess normative power. In 2021, a ruling by the International Tribunal for the Law of the Sea (ITLOS) in Hamburg concurred with the ICJ’s interpretation. A separate issue of fundamental human rights is also involved: The US base housed a detention facility where terror suspects are known to have been tortured. Unlike Guantanamo Bay, the Diego Garcia facility remained completely secret until it was revealed by investigative journalists in 2003.

      A so-called bunker call at Diego Garcia is the obvious option for keeping the German warship’s replenishment as simple as possible on the long leg from Karachi in Pakistan to Perth in Australia. Calling at a NATO ally’s port is easy to arrange, with simplified procedures for procuring food and fuel. Resupplying in Sri Lanka or Indonesia, for example, would be much more complex.

      Alternative Route Possible

      The obvious operational benefits are outweighed by the cost to the mission’s normative objectives: Calling at Diego Garcia will inevitably invite accusations of double standards. The UK’s open defiance of the ICJ opinion and UN resolution means that visits to the Chagos Islands implicitly accept — if not openly support — a status quo that is at the very least problematic under international law.

      The bunker call would run counter to both the ICJ opinion and the ITLOS ruling, as well as boosting Beijing’s narrative that the West is selective in its application of the rules of an already Western-dominated international order. At a juncture where international norms and rules are increasingly contested in the context of Sino-American rivalry, none of this is in Germany’s strategic interest.

      Embed from Getty Images

      There are alternatives to replenishing at Diego Garcia. Changing the route would involve costs, but it would also underline Germany’s interest in upholding the rules-based international order. One possible outcome of a reevaluation of the current route planning would be to omit the call at Diego Garcia but, at the same time, to take the vessel closer than currently planned to the contested Chinese-built artificial islands in the South China Sea.

      In connection with a detour avoiding Diego Garcia, that would represent a gesture boosting international law, rather than a demonstration of military might toward China. Germany could show that it is willing to comply with international law, even where doing so contradicts its own immediate operational interests and its partners’ expectations.

      *[This article was originally published by the German Institute for International and Security Affairs (SWP), which advises the German government and Bundestag on all questions related to foreign and security policy.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Negotiating the End of Brexit

      by

      It is increasingly likely that, unless things change, on January 1, 2021, we will have a no-deal Brexit. That would mean the only deal between the European Union and the United Kingdom would be the already ratified EU withdrawal agreement of 2019.

      There are only around 50 working days left in which to make a broader agreement for a post-Brexit trade deal between the UK and the EU. The consequences of failing to do so for Ireland will be as profound — and perhaps even as long-lasting — as those caused by the COVID-19 pandemic.

      A failure to reach a UK-EU agreement would mean a deep rift between the UK and Ireland. It would also mean heightened tensions within Northern Ireland, disruptions to century-old business relations and a succession of high-profile court cases between the EU and the UK dragging on for years.

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      Issues on which a deal could have easily been reached in amicable give-and-take negotiations will be used as hostages or leverage on other matters. The economic and political damage would be incalculable. And we must do everything we can to avoid this.

      Changing the EU trade commissioner, Phil Hogan, under such circumstances would be dangerous. Trying to change horses in midstream is always difficult. But attempting to do so at the height of a flood — in high winds — would be even more so.

      The EU would lose an exceptionally competent trade commissioner when he was never more needed. An Irishman would no longer hold the trade portfolio. The independence of the European Commission, a vital ingredient in the EU’s success, would have been compromised — a huge loss for all smaller EU states.

      According to the EU’s chief negotiator, Michel Barnier, talks between the European Union and the UK, which ended last week, seemed at times to be going “backwards rather than forwards.” The impasse has been reached for three reasons.

      The Meaning of Sovereignty

      First, the two sides have set themselves incompatible objectives. The European Union wants a wide-ranging “economic partnership” between the UK and the EU, with a “level playing field” for “open and fair” competition. The UK agreed to this objective in the joint political declaration made with the EU at the time of the withdrawal agreement, which was reached in October 2019.

      Since then, the UK has held a general election with the ruling Conservative Party winning an overall majority in Parliament, and it has changed its mind. It is now insisting, in the uncompromising words of it chief negotiator, David Frost, on “sovereign control of our own laws, borders, and waters.”

      Embed from Getty Images

      This formula fails to take account of the fact that any agreement the UK might make with the EU (or with anyone else) on standards for goods, services or food items necessarily involves a diminution of sovereign control. Even being in the World Trade Organization (WTO) involves accepting its rulings, which are a diminution of “sovereign control.” This is why US President Donald Trump does not like the WTO and is trying to undermine it.

      The 2019 withdrawal agreement from the EU also involves a diminution of sovereign control by Westminster over the laws that will apply in Northern Ireland and thus within the UK. That agreement obliges the UK to apply EU laws on tariffs and standards to goods entering Northern Ireland from Britain — i.e., going from one part of the UK to another.

      This obligation is one of the reasons given by a group of UK parliamentarians — including Iain Duncan Smith, David Trimble, Bill Cash, Owen Paterson and Sammy Wilson — for wanting the UK to pull out from the withdrawal agreement, even though most of them voted for it last year.

      Sovereignty is a metaphysical concept, not a practical policy. Attempting to apply it literally would make structured and predictable international cooperation between states impossible. That is not understood by many in the Conservative Party.

      The Method of Negotiation

      Second, the negotiating method has proved challenging. The legal and political timetables do not gel. The UK wants to discuss the legal texts of a possible free trade agreement first and leave the controversial issues — like competition and fisheries — until the endgame in October. But the EU wants serious engagement to start on these sticking points straight away.

      Any resolution of these matters will require complex legal drafting, which cannot be left to the last minute. After all, these texts will have to be approved by the European and British Parliaments before the end of 2020. There can be no ambiguities or late-night sloppy drafting.

      The problem is that the UK negotiator cannot yet get instructions on the compromises he can make from Boris Johnson, the British prime minister. Johnson is instead preoccupied with combating the spread of the COVID-19 disease, as well as keeping the likes of Duncan Smith and Co. onside. The prime minister is a last-minute type of guy.

      Trade Relations With Other Blocs

      Third, there is the matter of making provisions for the trade agreements the UK wants to make in the future with other countries, such as the US, Japan and New Zealand. Freedom to make such deals was presented to UK voters as one of the benefits of Brexit.

      The underlying problem here is that the UK government has yet to make up its mind on whether it will continue with the European Union’s strict precautionary policy on food safety or adopt the more permissive approach favored by the US. Similar policy choices will have to be made by the UK on chemicals, energy efficiency displays and geographical indicators.

      The more the UK diverges from existing EU standards on these issues, the more intrusive the controls on goods coming into Northern Ireland from Britain will have to be, and the more acute the distress will be for Unionist circles in Northern Ireland. Issues that are uncontroversial in themselves will assume vast symbolic significance and threaten peace on the island of Ireland

      The UK is likely to be forced to make side deals with the US on issues like hormone-treated beef, genetically modified organisms and chlorinated chicken. The US questions the scientific basis for the existing EU restrictions and has won a WTO case on beef over this. It would probably win on chlorinated chicken, too.

      If Britain conceded to the US on hormones and chlorination, this would create control problems at the border between the UK and the EU, wherever that border is in Ireland. Either UK officials would enforce EU rules on hormones and chlorination on the entry of beef or chicken to this island, or there would be a huge international court case.

      All this shows that, in the absence of some sort of partnership agreement between the EU and the UK, relations could spiral out of control. Ireland, as well as the European Union, needs its best team on the pitch to ensure that this does not happen.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More