Showing posts with label negotiation. Show all posts
Showing posts with label negotiation. Show all posts

Monday, August 18, 2025

The E.U. on Ukraine: On the Human, All Too Human

On August 17, 2025, Ukraine’s president Volodymyr Zelenskyy met with Ursula von der Leyen, president of the E.U., as a precursor to both of them meeting with Don Trump, president of the U.S. on ending Russia’s invasion of Ukraine. President Von der Leyen had decided to accompany Zelensky to Washington in part to potentially play interference should the U.S. president again publicly berate Zelensky to his face and in part to protect Zelensky should Trump’s position/pressure be too pro-Russia (i.e., pro-Putin). To virtually all Europeans and to many Americans, Trump’s verbal outburst at Zelensky in the Oval Office had been shocking, especially as it seemed to be pre-meditated and orchestrated. Taking emotional advantage of the head of a state being invaded by the empire-scale Russia can assuredly be reckoned as being a bad host, and even low class for the president of the empire-scale United States. International relations do indeed contain a very human element, and in fact leaving it out of an analysis of an international situation is nothing short of negligent.


The full essay is at "The E.U. on Ukraine."

Wednesday, August 13, 2025

Trump Meets Putin on Ukraine: On the Exclusion of the E.U.

Like proud male birds dancing for a female for the chance to reproduce, U.S. President Trump and Ukraine’s Zelensky engaged in public posturing ahead of the negotiations set to take place between Trump and Vlad the Impaler Putin of Russia in Alaska on August 15, 2025. For the public, to take the postures as real positions, set in stone, would be nothing short of depraved naivete. Missing in action in all this posturing was E.U. President Van der Leyen and the E.U.’s foreign minister. Instead, the governors of two, albeit large, E.U. states were busy making demands as if their respective political bases were more powerful than the E.U. as a whole. In short, Van der Leyen missed an opportunity to join the dance of posturing.


The full essay is at "Trump Meets Putin on Ukraine." 

Friday, July 11, 2025

Negotiating from Weakness: The Plight of the European Union

To go to much effort to construct an economy on the scale of an empire only to refer instead to the economies within such a union, whether the E.U. or U.S. is to pay excessive homage to an ideology that can be termed Euroskeptic and anti-federalist, respectively. To refer to economies in one union and the economy in the other is just one means by which an ideology can distort a person’s reasoning and perception without the person being conscious of the underlying logical inconsistency. Such an inconsistency is incurred not only in “having it both ways” in the E.U. being a common market even as the states are referred to as economies even though many share a currency and thus a central bank, but also in referring to the federal system as if it were a mere “bloc,” or “network.”  In all of these cases of ideological word-games, the E.U. itself is minimized and thus implicitly marginalized from within. With Russia invading Ukraine and Israel eviscerating the Muslim residents of Gaza, self-marginalization for ideological purposes is indeed costly. Even referring to the federal official who is in charge of foreign policy as a “high representative” is implicitly denigrating and thus counter-productive to the E.U. being able to stand up to Putin and even Netanyahu in 2025.


The full essay is at "Negotiating from Weakness."

Saturday, June 21, 2025

The E.U. Stance on Tariffs: Pressure from the States

After the U.S. took the decision to impose reciprocal and car tariffs on the E.U., it did not take long for several of the E.U. states to pressure the federal executive branch, the European Commission, to punch holes in the E.U.’s counter-tariffs so favored industries in the E.U. would not face higher prices on supplies from the United States. As in U.S. states, E.U. states have their own dominant industries, whose financial interests it is only natural for government to protect, as jobs translate into votes. But pressuring the E.U.’s federal government to carve out exceptions for imports desired by favored industries at the state level, such as automobiles in the E.U. state of Germany, would deny the E.U. the full benefit of a united front that federalism can provide against other countries. For maximum leverage in trade negotiations, unilaterally removing counter-tariffs is not wise; it is like a person intentionally tripping over himself while trying to get to the grocery store. Given the regional pressures, trade is rightfully one of the enumerated powers, or exclusive competencies, of the E.U. rather than a shared competency or a power retained by the states.

At a basic level, first of all, to pretend that the E.U. is merely a confederation, in which governmental sovereignty still resides exclusively with the state governments, is a much more subtle way of enervating the E.U., whether out of denial or a desire by federal officials to appease purblind Euroskeptic governors, such as Viktor Orban of the E.U. state of Hungary. Fortunately, though for some people regretfully antagonistically, transparency is valued by truth-tellers. Both qualified majority voting and the exclusive and even shared competencies enjoyed by the E.U. government are incompatible with a confederation, not to mention a mere “bloc” or economic treaty like NAFTA. Correctly “mapping” the E.U. is a prerequisite to being able to get “maximum bang for the buck” (an American expression, wherein “buck” strangely means “dollar”) in terms of collective action at the federal level.

On the summer solstice, 2025, which by the way is not the first day of climate summer as some American meteorologists were claiming as if they were deer in headlights or cows chewing cud, the E.U.’s Commission warned state governments that some of their “sensitive goods” would not be shielded “from planned retaliatory tariffs on U.S. goods” because the E.U. was “weary of undermining its negotiating hand in high-stakes trade talks with President Donald Trump, three E.U. diplomats and officials” said.[1] Not to resist the pressure would unilaterally weaken the E.U.’s negotiating leverage even before sitting down to negotiate with the Americans. In a confidential meeting at the Commission, it was determined that acceding to all of the state requests would mean that the E.U. “would only target €25 billion worth of U.S. exports . . . instead of the €95 billion” that the E.U. “initially targeted as a response”.[2] The sheer difference between €25 billion and €95billion attests to the leverage that collective action at a federal level has over the negotiating power that an aggregation of European countries would have. In other words, the dollar value lost in the shielding can point to the power that is gained by collective action from an exclusive competency residing at the federal rather than state level.

In seceding from the E.U., the former E.U. state of Britain lost any future benefits that can be gained from collective action at the federal level of an empire-scale union of states, for even a secessionist state is commensurate in scale and polity-type with the remaining states rather than the union of such states. A leap in scale from (early-modern) kingdom and empire, and a qualitative difference in polity-type between a state and federal union of such states are why Britain is not equivalent to the European Union. In other words, the United Kingdom is not a small E.U.

In conclusion, subtly letting air out of the tire by insisting that the E.U. does not have a federal system or intentionally allowing states to shield certain imports from America at the expense of the federal stance is not exactly putting the best foot forward in arriving at the negotiation table. Given the sheer amount of benefit that would be lost were the Commission to acquiesce to every state request on carve-outs, proposals to expand the federal competencies subject to qualified majority vote instead of unanimity should be considered with greater urgency, and additional enumerated domains of power federalized from the states. Fears of a leviathan “central state” can be allayed by realizing that the E.U. has a federal system of divided sovereignty and that the state governments have significant access to policy-making at the federal level in the European Council and the Council of the E.U. even though the executive branch, the European Parliament and the E.U.’s supreme court provide less access and thus can protect federal prerogatives and thus the benefits obtainable from collective rather than associative action. Unity need not mean uniformity; collective action is possible at the federal level while states can retain the ability to reflect their own interests and cultures as long at the benefits from collective action are not unduly compromised.



1. Camile Gus and Ari Hawkins, “Brussels Resists Pressure from E.U. [State] Capitals to Shield Exports in U.S. Trade Fight,” Politico.com, June 20, 2025.
2. Ibid.

Monday, April 7, 2025

Tariffs as a Negotiating Tactic: Undercut by Wall Street Expediency

With all the economic and political turmoil from the anticipated American tariffs, it may be tempting, especially for financially-oriented CEOs and billionaires looking at quarterly reports, to call the whole thing off even though doing so would deflate the American attempt to renegotiate trade bilaterally with other countries. The concerns of the wealthy, whether corporations or individuals, have their place, but arguably should not be allowed to "lead the proverbial dog from behind, lest the dog run in circles and get nowhere." Moreover, the notion that any goal that is difficult and takes some time to materialize can or even should be vetoed by momentary passions at the outset is problematic and short-sighted. That U.S. President Trump's announcement of bilateral tariffs quickly brought fifty countries to the negotiating table is significant as a good sign for the United States, as long as that country's powerful business plutocracy (i.e., private concentrations of wealth that seek to govern) can be kept from vetoing the emergent trade policy, which at least in part is oriented to trade negotiation and ultimately to the notion that fair trade is conducive to increased free trade. 


The full essay is at "Tariffs as a Negotiating Tactic."

Friday, June 5, 2020

E.U. Trade Negotiations with a Former State: The Paradigm of Britain

The paradigm used by a former state can undermine any negotiations between it and a federal government. Even the reference to a federal government, if contrary to such a paradigm, can subtly undercut relations. The typical focus on the matters to be negotiated, such as new trade relations, easily miss the negative impact of a biased paradigm that is more based in Euroskeptic states’ rights (i.e., anti-federalism) that on the actual relation being between a former state and the European Union.

In 1964, even before the E.U. came into effect in 1993, the European Court of Justice (ECJ) handed down a landmark decision in Costa v. ENEL declaring E.U. law superior over state law, and the ECJ supreme in interpreting E.U. law, including its basic law (which acts as a constitution). The E.U. saw the federal-level sovereignty expand into two “pillars” besides the renamed EEC. Even so, while in office as prime minister of the British state, David Cameron referred to the E.U. federal system as instead one of the networks to which Britain happens to belong. A network, such as NATO, does not hold any sovereignty. A network is not a federal system, and yet the E.U. is a federal system of dual sovereignty (i.e., held both by the state governments and the federal government, or “institutions”). Nor is a “bloc” a federal system, and yet even after secession British government officials (and their media) steadfastly used the loose term in spite of the fact that the E.U. covers more than trade and even economic policy and has legislative, executive, and judicial branches, as is typical for a government. Even remaining states have perpetuated the misleading term. Deutsche Welle, based in the state of Germany, notes in one article that without a trade deal, “the UK could face a so-called cliff-edge scenario which would effectively cut trade with the bloc.”[1] Cambridge Dictionary defines bloc as “a group of countries or people that have similar political interests.” Incredibly, even though the E.U. even at its inception included two non-economic “pillars,” the dictionary lists as one example, “The European Union is a powerful trading/trade bloc.” So too, were the former Eastern/Communist bloc countries even though they had not formed a federal government and they were not even republics (i.e., states) in the former U.S.S.R.

So the Truman Doctrine of the U.S., which pledged that the U.S. would help any country in the Americas resist the encroachments of communism rendered all the countries in the Americas a bloc due to the common political interest. So too, Western European countries constituted a bloc in having a shared political interest opposing the communist bloc in Eastern Europe (as well as the U.S.S.R.).  To apply the term bloc to a federal system undermines it because the term reduces it (of any sovereignty) into a mere common political interest.

Even just in thinking of the E.U. as a bloc, the British trade negotiators in 2020 were understating the status of the political union and ignoring its portion of sovereignty over its remaining states and in relations with governments around the world, including that of the UK. Even while it was an E.U. state, the UK government bristled at the reality that the federal institutions held some sovereignty in the federal system (the states holding the rest, as is the case in the U.S.)—yes, as in the case of the United States. Perhaps this comparison is precisely why the British government has intractably held onto the fiction that the E.U. is a mere bloc rather than a federal system with, yes, a federal government.

In the Deutsche Welle article, Michael Clauss, an official with the German government, warns that it is not possible for Britain to have “full sovereignty and at the same time full access to the EU’s internal market” in a trade deal with the European Union.[2] I submit that as a state, the UK wanted just that, and thus butted heads with the political/governmental reality that E.U. states were semi-sovereign as they had ceded some governmental sovereignty to the federal governmental institutions (i.e., government). Even in refusing to refer to a federal government, using institutions instead, officials of state governments generally have tried to deny that the E.U.’s executive, legislative, and judicial branches together constitute a government, as if basic law had not been established and judicially interpreted by the E.U.’s highest court. No federal government, no federal governmental sovereignty. Of course, even a collection of institutions at the E.U. level could have sovereignty; even the voting system of qualified majority voting means that a state government could find itself having to implement an E.U. directive.  

The refusal to admit that the E.U. has some governmental sovereignty even in carrying on trade negotiations has left it open for Euroskeptics to refer to the E.U. as an international organization akin to NATO or the UN, neither of which have a government or sovereignty. The British government officials can say that the former state can enjoy full sovereignty yet still have full trading benefits. 

Yet in spite of the qualitative differences between the UK and international organizations, the world, including former and current E.U. states, accepted the convenient analogy of “Brexit” to a divorce. The Deutsche Welle article, for example, observes, “Brexit supporters in the UK have grown frustrated with delays that have been plaguing the divorce proceedings since the Brexit referendum in June 2016.”[3] A divorce implies to commensurate parties, but it breaches logic to say that a state in a federal system is equivalent to the whole instead of the other parts thereof. Don’t tell Kant, but ideology can warp even logic and facts of reason. 

Does secession render a state equivalent to a union of states? 

We are supposed to believe that an international organization without its own sovereignty and a nation-state got a divorce, and, furthermore, that the nation-state can nonetheless expect to continue to get trading benefits that members get. A sovereign government can expect to get such results in negotiating with a mere international organization, and yet the divorce analogy implies that the two parties are equivalent (even though a state is not equivalent to a union of such states, or even former states). That the media in Europe and elsewhere (e.g., The New York Times) have allowed themselves to be manipulated by such twisted, self-serving ideological “logic,” which belies the strength of the E.U., suggests that the stamp of officialdom can be without a viable foundation.

1. “Germany Urges UK to Be ‘More Realistic’ on Brexit,” DW.com, June 4, 2020 (accessed same day).
2. Ibid.
3. Ibid.

Sunday, November 4, 2018

Handouts in Averting the Fiscal Cliff: The Price of Politics?

What is that nebulous thing called politics? Might it be that the practice is essentially exploiting or creating what are known as principal-agent costs? That is, might politics boil down to a skill in the agent (elected representative) in putting his political or economic interests ahead of doing the bidding of his principal(s) (i.e., his constituent body).  
In the U.S. Senate bill in early 2013 to obviate the “fiscal cliff,” for example, the Democrats may have agreed to benefits for the Republican lawmakers’ campaign backers in exchange for going along with a more progressive federal income tax system. Among the added provisions were special expensing rules for certain film and television productions—no doubt those made by particular campaign contributors. The provision for tax-exempt financing for the New York Liberty Zone around the former World Trade Center may also have been a favor to a particular someone. Lest it is wondered what an extension of the American Samoa economic development credit was doing in an expedited measure to obviate the “fiscal cliff,” the answer may have had to do with a particular Republican lawmaker’s relationship with someone having an interest in American Samoa. I can only speculate here, as I was not privy to the actual relationships and negotiations. However, the sheer strangeness of such provisions in such a bill suggests that the particular political or economic interests of particular Republican lawmakers may have been the culprit.
 Is money the language of politics?    citizen.org
Such interests need not stem from particular relationships. To get the Republicans to “move on principle” regarding progressive taxation, the Democrat negotiators may have agreed to give on particulars on another law—in this case, Obamacare. The bill also contained a provision to remove the Community Living Assistance Services and Support program, or CLASS, which was proposed to enable millions of elderly and disabled people to stay in their homes rather than be placed in institutional care.
Generally speaking, the pattern involves essentially “buying off” particular lawmakers so they will “shift over” on a larger principle—in this case, progressive taxation. Give a bit on Obamacare and include a provision financially beneficial to a particular Republican lawmaker or one of his or her financial contributors or patrons—anything satisfying a particular interest of a particular lawmaker—so he or she will move from the preference of his or her constituents. The agency cost is the difference that a lawmaker (agent) skirts for his own political or economic interest from doing the bidding of his or her official constituents (principals).
If the skill called politics involves a politician’s particular interests at the expense of one of his or her principles or official duties (i.e., to constituents), then negotiation cannot be expected to be confined to compromising on the merits of the bill itself. Rather than merely going back and forth on numbers for the upper income subject to the Bush tax cuts, a Republican negotiator might propose an unrelated provision benefiting one of his or her friends, business associates, or campaign contributors. Granted the provision, the negotiator would then give on the numbers. One might ask whether the inclusion of particular exogenous interests is necessary to negotiation on a given policy. Wouldn’t the final product in terms of the policy be better were the unrelated benefits kept out of the mix? That is to say, is their incorporation a decadent or inferior form of politics, or an essential element that cannot be removed? Perhaps the answer lies in whether negotiation on a given policy, such as deficit reduction, can be done without the negotiators bringing up their particular interests (as a means of shirking their principles or duty). Perhaps ethical leadership in politics involves refusing to enable (or exploit) another’s “agency costs” by incorporating the unrelated provisions, in which case politics itself could find higher ground and the resulting policy would more closely match the preference of the body politic.  

Source:

Reuters, “Fiscal Cliff Bill Proposed By Senate Packed With Mix of Handouts, Takebacks,” Huffington Post, January 1, 2013.

Friday, March 2, 2018

Having It Both Ways: American Culture or Merely Congress?

Under the terms of the debt-ceiling budget agreement enacted during the summer in 2011, members of a joint Congressional committee, evenly divided between the parties as well as between the two chambers, had until Nov. 23 of that year to recommend ways to reduce budget deficits by at least $1.2 trillion over 10 years. Both houses had to vote on the package by Dec. 23, 2011. If no legislation is enacted, the government would automatically cut almost $500 billion from military spending, with an equal amount from nonmilitary programs, between 2013 and 2021.

As negotiations in the “super committee” were becoming mired in November, some Democrats were becoming “increasingly concerned” that some Republicans on the committee, in declaring that they would not be able to accept new revenues toward deficit reduction, were calculating that they would be able to reverse the triggered cuts. Not just any cuts—only those from military spending were loathed by the Republicans. Even as the joint committee was still meeting, Republicans on the House and Senate Armed Services Committees were “readying legislation that would undo the automatic across-the-board cuts totaling nearly $500 billion for military programs, or exchange them for cuts in other areas.”

“Republicans should not count on taking the easy way out if they continue to resist a balanced deficit deal that includes revenue increases,” warned Senator Charles E. Schumer, Democrat of New York. Representative Chris Van Hollen, Democrat of Maryland and a member of the joint committee, said the attempt to undo the triggers “reflects a total lack of seriousness.” Adding that such efforts would not be successful, he said they were “the result of people trying to escape the fundamental choices before us, and one of those choices is whether or not we are willing to end special interest tax breaks to pay for defense.” Interestingly because he is a Republican, the House speaker, John A. Boehner of Ohio, said he wanted the joint committee to succeed, but that he would not tamper with the mechanism for automatic cuts. “I would feel bound by it,” he said. “It was part of the agreement. The sequester is ugly. Why? Because we don’t want anybody to go there.” That’s just the point; the default of automatic cuts was put into the agreement as an incentive for the joint committee to reach an agreement. Consisting of both parties equally, both sides would have to give. I contend that the Republicans were much less used to giving, so they were less tolerant to the hard choice that the default they had voted for foisted on them.

The porous path of least resistance is often easy to spot. Republicans being forced to choose between agreeing to tax increases and defense cuts found themselves between a rock and a hard place—that is, between anti-tax lobbyists such as Grover Norquist and defense contractors such as Lockheed Martin. “There is more fear this time,” Representative Mo Brooks, Republican of Alabama, said about the anxiety being expressed by military contractors in his district. Simply put, the Republicans were used to being able to satisfy both Norquist and Lockheed, so the lawmakers went after what they perceived as a false choice. The Speaker was being a statesman in refusing to support such efforts.

When all of a sudden getting things all one’s way is no longer possible, perception itself can be affected—such as in viewing the defense cuts as unfair or disproportionate even though they were equal to the non-defense cuts that the Democrats would have to swallow in the absence of an agreement in the joint committee. In other words, that the Democrats were not trying to change the mix of sequestration cuts even though half of those cuts were politically noxious. This suggests that the Republicans may have felt more entitled to getting things all their way than did the Democrats. Tolerance for being in a tight spot is easier if one is not used getting one’s way and thus does not necessary expect it. In other words, respect for even one’s own rules tends not to hold up to a mentality that privileges getting 100% of one’s position.

That more Americans are conservative than liberal may have been providing the Republicans in Congress with a “playing field” leaning in their favor. Hence, they could typically avoid being the side to blink. For example, during the summer of 2011, they successfully kept raising taxes off the table. When suddenly faced with pressure to give even a bit on this point, the ongoing mentality seeks to deconstruct the default giving rise to the pressure rather than to respect the hard choice and the structure undergirding it.

Beyond partisan politics, it is legitimate to ask whether the American cultures (and there are several, as in Europe) unduly support or even value the mentality wherein a person demand his own way. “My way or the highway” is a common expression in the U.S. I contend that it is particularly salient in American business. Perhaps Republicans coming from or representing that sector of society are so used the self-serving rigidity of “corporate policy” that they won’t even sit down to discuss a deal unless it fits with their “ground rules.”  I suspect that the instinct to deconstruct anything that pressures a choice that involves not getting everything one’s own way is engrained in American managerialism and corporate culture.

I suspect that people reading this essay who have visited the U.S. and are from other regions may be nodding in agreement, Yes, that’s how the rest of us see you guys, but you don’t see it. Americans are perhaps so used to the entitlement of my way or the highway and so used to evading rather than respecting even self-imposed hard choices the mentality within is hardly even recognized, much less expunged in any meaningful way. I see my fellow Americans so used to the rigidity and selfishness of employees (and managers) in retail sectors of American business that it can scarcely be imagined that customer (or, falsely, “guest”) relations in the states might be severely dysfunctional in terms of social psychology.

If I am correct here, then the way the chronic deficits are dealt with may be as problematic as the fiscal imbalances themselves, for both evince a jejune mentality that refuses to grow up and face adult decisions.

Source:
Jennifer Steinhauer and Robert Pear, “Lawmakers Aim to Stop Defense Cuts if Debt Panel Fails,” The New York Times, November 5, 2011. 

Saturday, March 18, 2017

European Officials at the G20 Grapple with a New American Trading Position: Beyond the Joint Communiqué

It is perhaps only natural---only human—for us to take ourselves and our produced artifacts too seriously. Diplomats and other government officials, for example, fret arduously over mere words. When those words are etched in governmental or treaty parchment, the effort is understandable. The flaw of excess is evident in all the time and effort that go into the joint communiques of international conferences and meetings. I submit that the real politic at such occasions is much more significant even if nothing shows from it for some time.
At the March 18, 2017 meeting of the Group of 20, which includes the E.U. and U.S., the joint statement “became an unlikely focus of controversy” issuing in “a tortured compromise stating, in effect, that trade is a good thing.”[1] I submit that the use of such language is spurious—certainly much less than the attendees and even their principals back home supposed. The real politic was instead that the U.S. was “overturning long-held assumptions about international commerce,” and such transformational change takes time even just to register in minds ensconced in the status quo. That is to say, the real shift in power would need to play out in actual negotiations on trade, rather than in how to word a meeting’s joint statement.


A European official, Wolfgang Schauble, perhaps straining at the meeting to understand the new American position. (source: NYT)

The full essay is at "European Officials at the G20."


1. Jack Ewing, “U.S. Breaks With Allies Over Trade Issues Amid Trump’s ‘America First’ Vows,” The New York Times, March 18, 2017.





Wednesday, January 28, 2015

Syriza Party Governing in Greece: Austerity and the E.U.

Clarion calls of confrontation roiled through the E.U. after the state election in Greece on January 25, 2015. Would the E.U., heavily dominated by its largest state, and the European Central Bank (ECB) accept a larger public deficit (i.e., more government spending to alleviate the austerity) and continue the cheap loans, or would Alexis Tsipras, the new Greek prime minister, have to choose between continued austerity and default? 

The full essay is at "Essays on the E.U. Political Economy," available at Amazon.

Friday, May 23, 2014

Federalism and the Democratic Deficit: The E.U. as Suboptimal?

One major criticism of the E.U. has concerned its “democratic deficit.” The European Commission, the E.U.’s executive branch, has taken most of the criticism because the bureaucrats are not elected. Even though the European Council consists of elected state executives, the state legislatures are viewed as “closer to the people” and therefore more democratic. At the E.U. level, the European Parliament is the most directly democratic, as the EP’s representatives are directly elected by E.U. citizens. Therefore, one means of reducing the “democratic deficit” has been to increase the Parliament’s authority relative to those of the Commission and the Council. Lest it be thought that this solution has no drawbacks, the case of whether E.U. ships should be permitted to be beached for recycling in South Asia illustrates a problem.
Beaching old ships for recycling in South Asia is cheaper but can result in leaks of toxic chemicals. Image Source: Agence France-Presse/Getty Images
Facing pressure from South Asian governments, the E.U. state leaders on the European Council opposed a ban on beaching over the objections of environmental groups. Facing a different political dynamic, the European Parliament favored the ban. After weeks of negotiations, the parliament and council agreed to a compromise. Beaching a ship would be allowed as long as “fixed structures” are involved. As this wording is notoriously open to interpretation, clarity was sacrificed for the sake of a compromise.[1]
Interpretation may not even be necessary, as the E.U. has no language in the compromise to prevent ships from changing their flags, Patrizia Heidegger of the NGO Shipbreaking Platform observed. “So the stronger language won’t mean much,” she added.[2] The compromise looks a bit like Swiss cheese. Lest this flaw be attributed solely to politics, that the Council had to negotiate with the Parliament on the matter means that the solution to the “democratic deficit” is at least partly to blame. That is to say, public policy can suffer from efforts to reduce the deficit.
Of course, that the E.U. consists both of states and citizens means that the Council and Parliament both have vital roles in the E.U.’s government aside from the issue of democracy in a federal system. So public policy being diluted in the negotiation process is also a necessary part of having a federal union of states with direct effect. Even if no “democratic deficit” existed, in other words, the involvement of both the Council and the Parliament, and thus the negotiation, would be on firm ground. Even so, this “cost” of having a federal union can be minimized by the principle of subsidiarity, wherein legislation is to be accomplished at the lowest governmental level possible. In the case of the U.S., the problem of “lowest common denominator” federal legislation can in principle be mitigated by the fact that Congress’s powers are enumerated, and thus limited, with the residual sovereignty residing with the state governments. The problem is thus when too much legislation occurs at the federal level, whether in the E.U. or U.S.

1. Costas Paris, “EU Won’t Ban Ship Recycling on Asian Beaches,” The Wall Street Journal, June 26, 2013.
2. Ibid.

Friday, March 9, 2012

A Rigid Refusal to Renegotiate: Blaming the Greeks

As Greek party leaders struggled to put together a government in May 2012 after a splintering election, a major (and contentious) issue was whether to demand a renegotiation of the bailout agreement. Alexis Tsipras, leader of the Coalition of the Radical Left known as Syriza (which made large gains in the election), was declaring the agreement null and void given the mandate implied by the gains made on the far right and left (both being opposed to the austerity program). Tsipras believed he “had changed the debate to the point that the formerly dominant parties that had signed the loan agreement were . . .  indicating they might agree to demand it be renegotiated.”[1] His statements were enough to prompt a firm Nein! from Angela Merkel in Berlin and a related “tightening of the screws” from the committee of the European Financial Stability Facility.


The full essay is at Essays on the E.U. Political Economy, available in print and as an ebook at Amazon.


1. Rachel Donadio and Niki Kitsantonis, “ContinuingLeadership Deadlock in Greece as Its Lenders Watch and Wait,” The New York Times, May 9, 2012.

Monday, August 1, 2011

A Self-Inflicted Compromise on the Debt-Ceiling in the U.S.

On August 1, 2011, the Republican and Democratic Congressional leaders and the Democratic President came to an agreement--a compromise of sorts--on raising the debt-ceiling and spending. According to the deal, cuts of roughly $920 billion over ten years would be followed either by adopting a twelve-member Congressional committee's recommendations (including possible cuts and revenue increases) or watching another round of automatic across-the-board spending cuts. Structurally, this arrangement is unbalanced with respect to the nature of compromise between the two parties. In short, it proffers a relatively easy out for the Republicans.

Specifically, the "enforcement mechanism" that would automatically activate should the "super" committee's recommendations not be voted and signed into law contains only cuts even though the Democratic position is for a mix of cuts and revenue. In other words, the mechanism itself is biased to the default of one of the parties. The only incentive the Republican party would have to accept the committee's recommendation would be to avoid the military cuts in the automatic cuts. To obviate any revenue increases, even if only for the wealthy, the Republicans in Congress need only scuttle the committee's work or vote it down. The mechanism being counted on as "teeth" for the committee's work to be adopted should have included both across the board cuts AND revenue increases (including on the very rich). The incentive would have been on BOTH parties to work something out in committee.

Therefore, if I am correct, the structure, or arrangement, of the compromise is itself unbalanced, at least from the standpoint of incentives. It would seem that even with the possible cuts to defense, the compromise itself is a win for the Republicans. Once again, Democrats can be left wondering why their representatives gave up the store, or at least kept the door unlocked. In terms of the public option in the health-insurance reform, the matter of breaking up the biggest banks (too big to fail), and finally in permitting a spending-cuts-only outcome to the debt problem, Democrats, it seems to me, have real cause in withholding their votes from "their" man in the White House in 2012. Yet they have no practical alternative absent a primary challenger. They may be in a very tight box in "staying the course," lest they want to risk seeing the keys of the White House store formally change hands to the other party.

Thursday, April 7, 2011

President Obama's Role in Budget Negotiations: Undercutting His Role in Presiding

On April 5, 2011, President Obama observed, “We’re going to have some very tough negotiations. And there are going to be, I think, very sharply contrasting visions in terms of where we should move the country. That’s a legitimate debate to have.” (1) He sounded very presidential in making the statement because he was taking the perspective of the nation as a whole. Furthermore, he used that vantage-point to try to keep negotiations from falling off the track. “If they can’t sort it out,” he said, “then I want them back here tomorrow.” (2) In short, he was presiding, rather than being partisan in taking a side, as he framed the situation facing the union. 

                                             Doug Mills, The New York Times                 

However, even as the president was referring to the two sides sorting the budget out as “they,” he himself was on one of the sides. That is, even though he “sought to position himself above the nitty-gritty haggling going on in Congress, which . . . limited his influence on the process” yet distanced him from any blame, his taking a side in the dispute subtly worked against his attempt to preside to hold the process as a whole together. (3) 


The full essay is at The Essence of Leadership, which is available at Amazon in print and as an ebook.


1.   Gregory Korte, “Meeting Fails to End Impasse on Federal Budget,” USA Today, April 6, 2011, 2A.
2.  Naftali Bendavid, Jonathan Weisman, and Carol E. Lee, "Budget Talks Head to Brink,” Wall Street Journal, April 6, 2011, pp. A6.
3. Ibid.