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Notes -
Venezuela
Venezuela held a referendum last Friday on whether or not to claim sovereignty over the Essequibo region of Guyana. Essequibo is mineral rich, and the exclusive economic zone contains quite a bit of oil, which Guyana has been busily contracting off to multinationals to Venezuela’s frustration.
For reference, this is an area about the size of Greece (as Guardian helpfully points out) and equivalent to straight up two thirds of the territory of Guyana. Claiming the region amounts to essentially promising to invade and conquer most of the nation, so the Guyanese are understandably a little upset that the referendum has been approved. The linked article kind of suggests the >97% vote itself was fraudulent, or at least that observers didn’t see the kind of long lines and busy polling stations that the reported 10.5 million votes would have suggested. Ironically, this seems like the least interesting question to me; the anti-Maduro opposition also recognizes Essequibo as rightful VZL clay so it seems to be an idea with fairly popular support. The real question is: what happens next?
Maduro is at least acting like he's serious:
But is Venezuela really about to invade Guyana? I would guess no, at least not while they have other issues and priorities they’re also focusing on (like becoming less of a regional or international pariah).
Meanwhile, can they even physically act on this? Guyana’s long term strategy in case of Venezuelan invasion has to be as un-invadable as possible, so a long time ago they designated the area on the border as a national park and left it extremely wild and overgrown. This makes traditional overland invasion difficult, so a hypothetical invasion could even require movement through Brazil, which is why Brazil itself is fortifying its own defenses. Lula has restored relations with Maduro, but he isn’t going to aid Venezuela in a hostile overland annexation of a long-time Brazilian ally by force.
So there probably isn’t a ton of will or means to act on this referendum. Most likely this is a way for Maduro to boost support in advance of the election.
And what about that election? In theory America’s lifting of the sanctions are contingent upon Venezuela lifting its ban on opposition leader Maria Machado from running in the election by the end of November. Well, it’s December now and things still look uncertain:
This is vague, but enough of a bone thrown that America isn’t going to reinstate sanctions right away, so it’ll be interesting to see what happens next. On the other hand, the top government prosecutor has suddenly accused several opposition of figures, so this is all somewhat two steps forward, three steps back. Ironically they are accused of trying to undermine the referendum on Guyana, which the opposition supported, and which is a largely amusing accusation given that the near 100% favorability results were quite likely fixed by the government anyway.
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The United Kingdom
More updates on ex-Prime Minister Boris Johnson’s plan to deport migrants to Rwanda, temporarily frozen by Britain’s Supreme Court (is it weird that the court was founded in 2009 and can overturn major legislative decisions? It seems weird from the outside, even though that’s what a Supreme Court is supposed to do after all). The deal is apparently back on because Britain and Rwanda have now signed a formal agreement (which apparently overrules court decisions). The deal was overseen by James Cleverly, Suella Braverman’s replacement as Home Secretary:
The British parliament has now attempted to rush through a bill saying this is all well and good under the European Court of Human Rights. However, Robert Jenrick, the Immigration Minister, has actually suddenly resigned, apparently because he feels the legislation doesn't go far enough.
The Supreme Court was created by Tony Blair to take over from the original last court of appeal, which was essentially parliament itself. Specifically, the court was staffed by the Law Lords, who were part of the House of Lords and therefore associated with legislation). Ostensibly because it was inappropriate to have the highest court of appeal be part of the government.
To let my prejudices take over, it was a classic piece of Blairism in that it was constitutional change for the sake of change. He had an obsession with being 'modern', so he made hamfisted changes to the country in ways that now can't be stopped - making the Bank of England independent, devolving government in Scotland, Wales and NI, the creation of hate crimes and 'protected characteristics', mass immigration, and trying to splice Napoleonic European rights law into British Common Law. The last of those is responsible for the majority of problems, as it destroys the load-bearing principle that Parliament is sovereign and pretty much all of our constitution with it. This is creating all the problems re: immigration.
"Giving a title to a court that includes the adjective ‘supreme’ – and putting no higher domestic judicatory above it – might be thought to be, at the very least, a temptation to judicial overreach."
https://policyexchange.org.uk/blogs/the-difference-leaving-the-house-of-lords-has-made/
There is an increasingly strong suspicion that Rishi Sunak is pro-immigration but has to be publicly against it, so he's pushing 'solutions' that he knows will get tied up in legal appeal until after the election. Certainly, he's dead-set against actually reducing our commitments to international human rights law, which is what Jenrick is advocating, and it's not realistically possible to do anything about immigration without doing so.
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Well, if you have new institutions then they will tend to do what they were designed to do. Maybe it is surprising for you that they managed to actually create new major institution rather than having forever gridlock (not saying that this court was a good idea, I am not fan of alternative judiciary parliament but have no great alternative ideas either)?
The Supreme Court contributes to gridlock - it exists to frustrate legislation, not make it.
In theory. In practice supreme courts/constitutional courts often engage in de facto legislation by creative interpretation.
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Finland & China
Not two countries I thought I would be listing side by side, but Finland has been conducting its investigation into the early October incident that ruptured the gas pipeline between them and Estonia and the telecom wires between them and Sweden. Unfortunately for international stability, they seem to be pointing the finger at China.
I’ll leave that last sentence hanging just to remind everyone how much weirdness there has been about figuring out who is to blame in all this (the west seems the most likely to have benefited from Nord Strom; pretty unclear who benefits here).
Being a sailor myself, it pains me to admit that the most plausible explanation is that the skipper of the Newnew Polar Bear did, surely, understand something was wrong--but hoped it was no big deal, and no one would notice. In fact, finding an anchor that was dragged for nearly 200 klicks on the floor, just "a few meters" from the damaged cables and gas lines makes it just to easy for me to know exactly what a Newnew Polar Bear sailor felt like after two or three hours on the deck crew trying to get the anchor hauled up when the XO shouts over the 1MC, "Fuck the anchor, we're about to hit an seabed pipeline--cut the chain NOW!"
They almost made it.
So much for the Skipper's dream of commanding the more prestigious ship, Oldold Polar Bear.
You have a point, although it's still negligent to wait until the last second.
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I mean Finland is only once removed from China border wise
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from its existence or damage?
(answer strongly depends on how much you are scared by Russian influence on Europe and how much you value cheap energy)
Better yet, split the west into Europe and America, and ask who benefits from the destruction of European industry and the generation of a new dependence on liquefied natural gas.
Also here you have two factors: via high energy prices (OK, partial destruction) and via stupid not needed war in central Europe (yes, chance is tiny and effects are tiny, but still that would be fuckup on such scale that even tiny changes are significant)
You mean, the chance that the war spreads into Poland, Germany etc?
Yes. But Estonia, Latvia, Lithuania would be far more likely as start.
(not claiming that either is likely or feasible short term, within decade but on longer scale war is a risk)
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US & Philippines
This is essentially just a much a China issue as the previous post. Philippines for the past decade has somewhat waffled between leaning towards China or the US, especially under Duterte, the President who has done the most to emphasize the brutality of the American colonial administration of the nation. However, the past few years have seen the Philiipines leaning decisively back towards the US, especially as China grows more aggressive in the disputed territories of the South China Sea (we should really call that something else, shouldn’t we?) The US has even openly committed to defending the Philippines if they are attacked, a statement of such commitment towards a conflict that could very easily happen, even by accident, that even some hawkish anti-China folks swallowed a little nervously when they heard it.
Reuters offers a bit of a retrospective on how the two countries became close again:
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El Salvador
A few weeks ago @Dean wrote a detailed writeup of how Nayib Bukele plans to technically qualify for another term in office. The long story short is that the constitution doesn’t explicitly ban candidates from having multiple terms, it just bans them from succeeding themselves, so he’s going to step down, be replaced temporarily by a puppet, then run again. Poof, voila, it’s all under the law.
Congress has now formally granted Bukele a six month leave of absence. Not exactly exhausting himself in proving critics wrong that his replacement will be a puppet, the new President is literally just his secretary. Congratulations to Claudia Juana Rodríguez de Guevara, the first woman President of El Salvador.
It kinda raises the question: what’s the point of all this? Why go through the motions of a very low effort, transparent, by-the-letter-of-the-law power grab? With a reliable supermajority of senators voting for this, would they really draw the line at just amending the constitution to let him hold another term? All the cool autocrats have done it.
Because Claudia Juana Rodríguez de Guevara heard from Dmitry Medvedev that fake president comes with a great health plan? I bet fake presidents get platinum plans with zero deductible on like five dollar a month premiums.
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Bukele isn't seeking abnormal domination of a national political sphere- he could absolutely be an oligarchic power behind the throne and rule through others if he wanted to. My read is that Bukele basically aspires to be a 'normal' national leader by 'normal' international standards, where being re-elected when you have 80+% public approval is a natural sequence, not a scandal.
A somewhat longer but still short version is that Bukele doesn't consider himself an autocrat, or desiring to be an autocrat in the model of the more malign actors in latin america, but seeking 'normal' political longevity that is utterly uncontroversial in other countries. Re-election is not a particularly controversial thing in 'normal' democracies, and certainly many more politicians have gotten re-elected on a lot less public achievements than Bukele, but few considered, say, Angela Merkel an authoritarian-by-default for seeking considerably more than a Honduran president's time in power. This is where we note that many of the relevant executives in the hemisphere are not only incumbents, but incumbents with far greater corruption or authoritarian bonafides than Bukele is accused of in El Salvador, but they are considered normal / respectable / legitimate. Just in the immediate neighborhood, to the north elements of Guatemala are trying to basically overturn the results of the last election by targetting the president elect, to the east Honduras is ruled by a political dynasty where the power behind the throne is a former president who was removed from office at the order of the country's supreme court, and to the south is, well, Nicaragua. And that's without going further north- where the US is in a two-incumbent election cycle, and further south Brazil is ruled by a re-elected elder statesman who was complicit in one of the largest corruption scandals in hemispheric history.
Bukele can't simply rewrite the constitution because that particular part of the constitution is unmodifiable, and building a new constitution isn't so simple. Letter-of-the-law is simpler. But there's also an element that there's no real indication that Bukele wants to overturn the general constitutional order, as much as chafes at this particular bit.
This is harder to describe eloquently, but part of central american politics is chaffing at the double standards and paternalizing by larger and outside powers. Sometimes that's eachother, sometimes that's the US, it's the typical small-polity-vs-larger-polity mismash. Here, the small-inner identiy is El Salvador, one of the only countries to ban self-succession, and the bigger-outer is every democracy that permits re-election. Having all the hemisphere's major and acknowledged/respected democracies be on board with re-elections for successful/popular leaders, but it being forbidden to El Salvador, can be a grating sort of cultural chauvenism and paternalizing (and paternalism was absolutely a part of that part of the Constitution). There's basically a 'real / normal countries get to do this, but you can't be trusted with it' dynamic, which is going to be frustrating to a country that, well, feels paternalized and bullied by larger neighbors enough that it once went to war over an ugly football game (and a heck of a lot of context of discriminatory / geopolitical abuse).
With that in mind, there's something of a zeitgeist that not only has Bukele been a turning point in El Salvador into a 'normal' country in the sense of being safe enough that it's no longer exceptionally dangerous, but that a re-election of Bukele is a turning point in El Salvador being a 'normal' democracy. Normal democracies have safe streets. Normal democracies have notable public libraries (like the one the Chinese just delivered on for Bukele). Normal democracies also get to fudge and bend the rules of their own rules and constitutions from time to time, whether it's courts inventing new requirements or standards in the absence of clear text, or ignoring plain reading of politically inconvenient text- especially if it can be done to the letter of the law, and with the support of the people.
Bukele doesn't seem particularly interested in running an autocratic one-party state (though that may well be because he doesn't need to at this time). He does, however, seem consistently interested in running a normal democracy. It just so happens that the constitution of the democracy he's in was more concerned about the recent Cold War experiences than in enabling a normal democracy.
That's what I'm asking though, if they don't like the constitution / don't feel like it allows them to be a "normal" democracy, why not just amend it? The single term thing isn't some American imposition or Cold War measure, they've had that rule across their constitutions since the 19th century, in large part because they've had a consistent issue with executives trying to overstay their welcome.
In general where you say "normal democracy" you would be better served saying "nice country". Guatemala is nothing like a normal democracy, as I've covered closely here, and isn't a reasonable comparison of normalcy. Carefully skirting laws put in place by your people to prevent powerful executives, fighting gang violence by suspending traditional rule of law or freedom of the press, having the military threaten lawmakers who disagree with you, etc, may make El Salvador a "nicer country" from some people's perspectives, but it's a stretch to say it makes them a more normal democracy.
Amending that part of the Constitution has a 'it is everyone's obligation to have an armed revolt.' Hence, letter-of-the-law observence.
For your second paragraph, I'd disagree with your characterization on multiple grounds.
Skirting laws to prevent powerful executives is incredibly normal across democratic systems the world over- it's practically a joke that modern uncontestedly democratic leaders have more formal and informal tools of power than all but the most totalitarian of leaders of old. Fighting gang violence by changing the balance of civil liberties and prosecution is incredibly normal. Having a living history of tensions between the military and civilian government is absolutely normal. These may not be desirable from the perspectives of democracies with already established and comfortable status quos (typically status quos of empowered multi-term executives, low crime, established informal political elite-media alignment, and long times since military-civil disagreement), but they're absolutely normal across the global and last century's experiences of many states that are now considered democracies, particularly those that have faced extreme domestic violence issues (such as insurgencies) in the last century.
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presumably doing this is harder
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Less paperwork this way? Whatever the reason, it does my rules-lawyering heart good to see someone manage it on a national scale.
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Netherlands
Negotiations on the Dutch government appear to still be stalled:
Similar to Spain and Poland, I will likely continue to provide updates here until the chips have fallen. Previous posts on the Dutch election can be found here and here.
Keep in mind that the previous formation period lasted over nine months. There probably won't be exciting news every week.
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You seem to be missing your links here.
Thanks, fixed
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Peru
Last week I covered Peruvian President Dina Boularte being accused by the Attorney General of human rights abuses. For a point of comparison or precedent, I brought up former President Alberto Fujimori (father of opposition leader Keiko Fujimori) who is currently serving a 25 year sentence for human rights abuses in the same prison as ex-President Castillo. Ironically, this last week the top Peruvian constitutional court ruled to restore a previous Presidential pardon for Fujimori.
Fujimori was President from 1990 to 2000, following a highly populist leader named Alan Garcia1 who ran the country into hyperinflation. Fujimori preceded to liberalize the economy and sent Peru into “Fuji-shock,” a period of short term pain followed by greater stability. The arc is somewhat similar to Pinochet’s neolibreal overhaul following Allende’s populism, inviting the pejorative nickname “El Chinochet,” which apparently Fujimori himself wasn’t so mad about it.
The other similarity between the two leaders was their uncompromising approach to left wing anti-government forces, which in Peru were much more serious than Chile. Aside from the economy, the big issue of the time was El Sendero Luminoso, the Shining Path, a Maoist terrorist group that had been fighting the government for a decade by the 90s (there is an interesting conversation to be had about how much time and money China sunk into spreading its ideology in Africa with little success, only for copycat movements to appear in places like Peru that they never even reached out to). Fujimori addressed this in straightforward fashion by forming death squads and granting them amnesty for human rights abuses, as well as commissioning the armed forces to massacre and mass sterilize Peru’s indigenous population (The Shining Path leadership were European-Peruvians who in theory wanted to draw their membership from the impoverished indigenous Peruvians, but in practice spent more time killing them). Ultimately things caught up with him and he was convicted for directly ordering one of these massacres, as well as for embezzlement.
A later President, Kuczynski Godard, pardoned Fujimori after Fujimori’s son Kenji helped him slide through impeachment hearings over his involvement in the infamous Operation Car Wash scandal that sent Brazilian President Lula to prison. It was pretty nakedly political and the courts reversed it.
So needless to say overturning the ruling now and releasing him from prison is a controversial move. The Inter-American Court of Human Rights has protested the decision and urged Peru not to release him, and within a couple days the courts reversed their move and said that he will remain in prison. The decision appears to be reversed again and yesterday Fujimori was officially released from prison. It should still be said that Fujimori is like 85 and probably doesn’t have much longer left anyway, so the main impact of this decision is symbolic. However, the intermediate ruling has unfortunately hit the family twice as hard, and Keiko Fujimori will now be forced to face charges for her role in…also Operation Car Wash.
1Ironically Garcia came back to power in 2006 and oversaw a period of consistent economic growth. He later killed himself after being implicated in, you guessed it, Operation car Wash. If you are wondering if there are any Peruvian politicians who weren’t involved in the scandal, you are not alone.
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Spain
Last week I reported on Spanish Prime Minister Pedro Sanchez finally securing another term through allying with the Catalan independence party Junts by offering amnesty for their illegal referendum. This is an unpopular move even among left wing voters and he may come to regret the alliance very soon. Puigemont, leader of Junts, has already threatened to withdraw his support and offer it to the conservatives if Sanchez does not take steps towards Catalan independence.
Is this a serious threat? The center right PP would only be able to hold a majority, even with Junts, if they worked with the far right Vox, a nationalist party literally created as a backlash to the Catalan independence referendum. Vox was so desparate to unseat the socialists that they promised to support a PP government even if they didn’t get any ministerial posts, but working together with their sworn enemy is surely a bridge too far (and presumably the same is true for Junts voters as well). So no, likely there is no actual coalition that could form a government, but things could be forced to another election, where the left wing parties would do worse, ironically partially because they’re kowtowing to Catalan demands at all. Sanchez’ rule is and will likely continue to be a very unstable one (and I do imagine he will probably hold onto power, only weakly so).
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