Thursday, August 13, 2020

US Hegemony in World Affairs- In for a Change?

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Nikhita Gautam

Article Title

US Hegemony in World Affairs- In for a Change?

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Global Views 360

Publication Date

August 13, 2020

URL

The US Passport

The US Passport | Source: Kelly Sikkema via Unsplash

The collapse of Soviet Union in the late 1980s brought an end to the cold war being fought through proxies by the USA and USSR. This heralded an era in which the USA emerged as the sole superpower which started to dominate the globe in a way that no country has done in recorded history.

This domination was based on brute strength the US enjoyed in the field of military power, economic power, scientific research, democratic institutions, and above all the American ideology which frames it as an exceptional country. Off late there are signs which indicate that a process of decline in this domination has started.

The US domination was evident in the adoption of liberal economic and governance models by the former Soviet bloc and non-aligned countries during the 1980s and 1990s. This neo-liberal model relied on international cooperation and globalisation was its rallying cry. This allowed international organisations like the World Bank, IMF, and WTO to force smaller countries to make their fiscal policies as per their models. It also nudged countries to join various multinational Free Trade Agreements (FTA).

The other aspect of global cooperation was different agreements on climate control, arms control, missile technology control, nuclear non-proliferation, terror funding, anti piracy, and international criminal justice system. In all the economic, security or governance related international mechanisms, it was the US soft and hard power which stood as a guarantor.

Over time, the unrivalled hegemony of the US started showing some cracks. Russian economy recovered from the ashes of the collapsed USSR and the country underwent a massive overhaul of its military. It once again started challenging the USA in eastern Europe and the Middle East. From Ukraine, Georgia, Serbia, Kosovo, or Iceland in Europe to Iran, Syria, Yemen, or  Libya in MENA to Venezuela in South America, Russia and the USA are backing opposing forces.

Photo of Chinese city Shanghai from the rooftop of Jin Mao Tower, 23rd tallest building in the world | Source: Denys Nevozhai via Unsplash

China has also quietly gained a lot of influence in the developing and underdeveloped countries in Asia and Africa at the time when the USA is seen retreating. This process has hastened in the last decade when China, buoyed by a rising economy, started investing in the infrastructure of Asian and African countries without any baggage of human right concerns which normally comes with the USA or European countries.

China and Russia anchored many new international institutions like BRICS, New Development Bank, AIIB, EAEU, SCO, which tackle regional security, military cooperation, economic infrastructure and internet governance. All of these exclude America. Apart from these countries, India, Brazil and other emerging regional powers also started challenging the USA narratives on geopolitical and economic affairs.

Donald Trump holding a press conference | Source: The White House via Flickr    

That, and how the current president Donald Trump has repeatedly criticized allies, sympathized with dictators, issued travel bans, undermined international organizations like WHO and NATO, and pulled back from treaties. These actions leave a leadership role that America played in the past to be fulfilled, which further advances the China-Russia agenda.

The unhinged rhetoric of the US President Donald Trump has also played a role in emboldened the adversary as well as friends of the USA to increasingly chart an independent course which may be diametrically opposite to the US stand. His focus on America First has dented the post WW-II US moral leadership which based on  the divine responsibility of helping the world.

The US has always had an interventionist approach where they “help” and “lead” the rest of the world, giving them more power, which comes with both rights and responsibilities. Trump has rejected that and instead made an “America first” which focuses on material, fiscal gains rather than ideological ones. This can be seen in how President Trump tries to broker deals with money rather than cultural and ideological nuances in conflicts such as the widely criticized Israel-Palestine peace plan.

A person holding US Dollars | Source: Viacheslav Bublyk via Unsplash

There is also how the usage of the dollar for global trade, while providing the country global dominance, cheap goods and borrowing costs, also makes it run a trade deficit, which Trump endeavours to reduce. That, however, might prove impossible without changing the global currency in itself. The fact that America extorts political leverage using economic methods like sanctions also made many countries look for the replacement of the US dollar as preferred currency for global trade.

Another casualty of America first is the withdrawal of the USA from many international treaties and agreements under President Trump watch. The US withdrew from Arms control treaties with Russia, Free Trade agreements with Canada and Mexico, International climate treaty, Iran nuclear deal, UNESCO, UNHRC, UNRWA, WTO, TPP and many other significant international and bilateral agreements under President Trump.

The US withdrawal has inflamed the allies and emboldened the adversaries of the USA. Its allies in Europe are increasingly taking an independent stand on foriegn policy and looking for raising a Europe centric security setup, independent of NATO. They are also strengthening intra-EU trade and standing up to the US pressure on trade policies.

Similarly Russia and China have increased their influence in multinational bodies as they have now become the militarily and economically strongest countries after the withdrawal of the US.

The era of US dominance in world affairs since the end of WW-II in general and after the collapse of the USSR in particular is now resting on very fragile legs. No amount of policy change by the new administration in the USA, to be headed by Trump or Joe Biden, is going to reverse the emergence of a multipolar world in which the US, with all its might, will be one of the poles.

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February 4, 2021 5:10 PM

Muzzle Law of Poland: An attack on the Independence of Judiciary

On February 4, 2020 the president of Poland, Andrzej Duda signed a law that prohibits the country’s judiciary to question the appointment of judges by the President and bars them from being involved in political activities. The law also prohibits judges to seek guidance from the EU Court of Justice on appointments by the National Council of Judiciary (NCJ) of Poland.

Supreme court President Malgorzata Gersdorf | Source: Adrian Grycuk via Wikimedia

Opposition parties condemned the law and Supreme Court president Malgorzata Gersdorf termed it as “Muzzle Law”.

In December 2019, the Sejm, the lower house of the Polish parliament passed the bill that would penalize judges who criticize the judicial reforms of the ruling Law and Justice party. It was sent back by the upper house for further discussion and a vote. However Sejm, using its superior power, enacted the bill, which the president signed on February 4, 2020, making it a law in the country.

The SC of Poland had earlier ruled on December 5, 2019 that the NCJ is not an independent body. Again on January 23, 2020 the SC in a ruling termed the appointment of the judges by the NCJ as illegal stating their apprehension that they may not be free from political influence. The Justice Ministry, quite predictably termed the SC verdict as a “serious violation of the law”.

people rallying on road near buildings
Protests against Poland’s judicial reform | Source: Külli Kittus via Unsplash

The law has drawn criticism from lawmakers as well as legal scholars across Europe and the European Union. On 11th January 2020, hundreds of judges from across Europe marched in Warsaw to protest against the enacting of the controversial law. Thousands of lawyers and residents joined in with many waving Polish and EU flags as they marched from the SC to the parliament. "We have come here to support the Polish judges but we are not politicians. We are here about the rule of law, not about politics." John MacMenamin, an Irish Supreme Court judge, told reporters.

In February 2020, a group of 44 ICJ Commissioners and Honorary Members along with senior judges, lawyers and legal scholars from across the world released a statement in which they said, “it is clear that the separation of powers, the independence of the judiciary, and the capacity of Polish judges to uphold the rule of law are now severely compromised. Judges’ freedom of expression, association and assembly are under immediate threat.”

Ever since it came to power in 2015, The Law and Justice Party of Poland, has been working towards dismantling the independence of the judiciary, terming it  judicial reforms. There has been opposition to these actions by the opposition parties, judicial bodies as well as European Union.

EU flags at the European Commission Berlaymont building Brussels, Belgium | Source: Guillaume Périgois via Unsplash

Late in 2017, the European Union had initiated what it called “unprecedented proceedings” against Poland. The move was a response to the worrying reforms in the judiciary that were being enforced by the government. The EU had stated back then that these “systematic threats” could see Poland losing its EU voting rights.

On 29th April, 2020, The EU started a new legal case against the nationalist Polish government in response to the adoption of the “muzzle law”. The EU further added that it was giving Poland two months to address the issues pertaining to the law. “This is a European issue because Polish courts apply European law. Judges from other countries must trust that Polish judges act independently. This mutual trust is the foundation of our single market,” said Vera Jourova, the Czech member of the executive Commission who is responsible for upholding the EU’s democratic values at a news conference.

A few European legal scholars have warned that the developments in Poland are a threat to the entire legal system of the EU. Despite all the criticism and pressure from the EU, the Polish government is yet to respond meaningfully to the growing concerns over the assault on Poland’s judicial system and its potential EU exit.

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