Law – Page 10 – a sibilant intake of breath

Arms control and MIRVs

President George H.W. Bush followed up these arms control initiatives. In 1991, he signed the Strategic Arms Reduction Treaty (START I), which called for reducing the number of ICBMs and warheads on both sides; ICBMs were reduced to 1,600 and deployed warheads to 6,000. In January 1993, just before President Bush left office, he signed another Strategic Arms Reduction Treaty (START II), of enormous significance for strategic stability because it banned MIRVs on ICBMs. Considering the well-known theory that a MIRV might “invite” a surprise attack because of the economy-of-destruction of one attacking Soviet warhead taking out a US missile (still in its silo) armed with ten warheads, the ban on MIRVs was seen as enhancing strategic stability by eroding any incentive for an “out-of-the-blue” attack. Hence this treaty solved the problem that all the MX mobile-basing modes [including missiles on airplanes; trains; trucks; submerged on the continental shelf; or always moving between a huge number of shelters (p. 49-50)] of the past had eventually been judged incapable of solving. (Unfortunately, START II is no longer in effect. As I will discuss later, the Russians withdrew from the treaty and began building a new class of MIRVed ICBMs after the George W. Bush administration withdrew the United States from the ABM Treaty with the Russians.)

Perry, William. My Journey at the Nuclear Brink. Stanford Security Studies. 2015. p.72-3 (paperback)

Is environmentalist solidarity with Indigenous peoples opportunistic?

During the last few years, solidarity with Indigenous peoples has been a major area of emphasis for environmentalist, climate change activist, and anti-pipeline groups. In part, this seems to be based on the view that indigenous peoples have the strongest legal tools for blocking new fossil fuel projects, at least in Canada.

This raises the question of how genuine the support for Indigenous people really is. Do these environmental groups provide such support principally for the narrow (yet essential) purpose of avoiding catastrophic climate change? Is it somehow automatically the case that indigenous communities will choose low-carbon energy if given more power to influence political and economic choices? When Indigenous groups support fossil fuel development, for whatever reason, what is the appropriate response for those seeking to prevent catastrophic climate change? And even if the impulse to prevent catastrophic climate change is morally laudable, how should indigenous communities feel about being used as a means to that end?

The Energy Gang on “clean coal”

For a few months, I have been listening to The Energy Gang podcast. They cover a range of issues, but I think they are distinguished by being wonkier than usual, very U.S.-focused, and more focused on economics and business than most climate change commentators.

Their most recent episode discusses a recent New York Times article questioning the viability of carbon capture and storage (CCS) as a way of making coal-fired facilities compatible with a stable climate. One of the panellists stressed the need for an “all of the above” clean energy strategy, in which CCS may help prevent some coal facilities from becoming stranded assets. Others argued that the economic evidence so far shows that CCS won’t save anything, and that the health impacts alone of coal are sufficient to justify its abandonment.

Ludicrously, the platform adopted at the Republican National Convention calls coal “clean” even without CCS being included.

Recent episodes have also discussed the climate impact of plans in the U.S. to retire 17 nuclear power plants; renewable energy; transport; climate denial; arctic drilling; and many other topics.

Open thread: Brexit

Will it really happen? Or will the U.K. find some way to pull out before invoking Article 50?

The consequences of the leave vote were evidently predictable. This is from June 18th: “If Remain wins on June 23rd, Brexiteers will tell voters they were conned. If Leave wins, Mr Cameron will go and his successor will negotiate a Brexit that does not remotely resemble the promises of the Leave campaign, which trades on the lie that Britain can have full access to the European single market without being bound by its regulations and free-movement rules.”

Also — what impact will this have on global climate efforts? Early signs are not encouraging.

Federal Court of Appeal overturns Northern Gateway Pipeline approval

The Federal Court of Appeal just ruled that the Canadian government had failed to adequately consult indigenous peoples and so quashed the 2014 federal approval for the project.

As one of the subjects of my PhD thesis, all developments on NGP are of great interest. It’s certainly a fast-moving as well as an important topic.

My shot

It’s strange that a stage show running in one city is affecting the whole continent, but New York isn’t a normal place and Lin-Manuel Miranda clearly isn’t a normal man.

The killing in Orlando originally prompted my personal doctrine in response to political violence: refuse to be terrorized. One or a few people armed and keen to kill do not affect my thinking about politics.

I cried quite unexpectedly when I saw Miranda’s sonnet.

Reading more about the musical, and revelling in my BitTorrent audio, I am increasingly impressed by the virtuoso genius of the thing. Violence has sometimes been a decisive factor historically, but there is scope to hope that ideas and arguments can be our battleground as humanity learns to live all together on this small planet.

Is the Leap Manifesto at risk of easy reversal?

Today, Toronto350.org hosted a teach-in in preparation for the climate change consultations which the Trudeau government has asked MPs to hold.

Avi Lewis — co-creator of the Leap Manifesto — was on the panel. The question which I submitted through the commendable system of written cards (to avoid tedious speeches from the self-important audience members) wasn’t posed to the panel, but I did ask Mr. Lewis about it after.

Specifically, I raised the issue of progressive climate change policies being adopted by one government and removed or reversed by the next. How can we enact policies that can avoid the worst impacts of climate change and avoid being reversed when new governments take power, especially right-wing ones?

Mr. Lewis said that the climate movement doesn’t have an answer to this question.

He began by describing how the right wing in North America has been effective at creating mechanisms to lock in its own policies. Specifically, he cited the network of right-wing think tanks and multilateral trade agreements that constrain the policy options of future left-leaning governments. To this could be added some of Sylvia Bashevkin’s analysis of how centre-left governments like those of Clinton and Chretien adopted much of the thought of their right-wing predecessors.

I went on to contrast two potential approaches to success, the hope that a coalition of leftist forces can work together to achieve all of their objectives (which seemed the underlying logic of today’s event, and much other climate change organizing) and the approach embodied by the Citizens’ Climate Lobby (CCL), in which they are strictly non-partisan and seek to become a trusted source of climate information for members of all political parties and adherents to all mainstream ideologies.

Mr. Lewis said that he saw little point in the CCL approach, in part because parties like the Republicans in the U.S. are so unreceptive. He also thought this approach has been tried unsuccessfully by the climate movement already, whereas major pressure from a left-wing coalition was novel and might be able to drive change in a government like Trudeau’s.

I remain skeptical about the idea that a coalition of the centre-to-far-left can achieve durable success on climate change. These are critical years in terms of blocking big new infrastructure projects, but solving climate change will ultimately require decades of belt-tightening and sacrifice. Conservatives need to be on board if we’re going to succeed, and tying climate change mitigation too tightly to other elements of the left-wing agenda could impede that. Hence my anxiety about non-strategic linkages with laudable but not critically connected causes, from LGBTQ rights to minimum wage policy to the conduct of police forces.

The big exception in my view is solidarity with indigenous peoples. Around the world, they are absolutely central to the process of shutting down fossil fuel development. In Canada, where the Trudeau government remains either clueless or in denial, they may also be the only ones with the legal power to stop the construction of fossil fuel production and transportation infrastructure that we will all regret.

2016 Walter Gordon Symposium — Indigenous reconciliation

The 2016 Walter Gordon Symposium (Word document) was about indigenous reconciliation in Canada, following the report of the Truth and Reconciliation Commission.

I attended every panel, and I am working on processing and uploading my photos.

A complex confluence of factors seem to have combined to make indigenous issues critically important politically all around the world. In particular, the resurgence of aboriginal peoples is deeply bound up with our best hopes for avoiding destroying human flourishing and life as we know it through climate change.

Jeffrey Goldberg on Obama’s foreign policy

The Atlantic has a long and interesting article about Barack Obama’s foreign policy.

It discusses the use of chemical weapons in Syria; Obama’s take on Churchillian rhetoric; Obama’s appreciation for elements of the George H. W. Bush foreign policy; disagreements within the Obama foreign policy team; Obama’s views on Israeli security; Obama’s “secret disdain” for the Washington foreign policy establishment; his limited respect for foreign leaders (aside from Angela Merkel); a bit of his perspective on climate change (a “comparatively slow-moving emergency” and “a potential existential threat to the entire world if we don’t do something about it”); Obama’s views on ISIS (which he compares to the Joker in The Dark Knight); his perspective of the central role of U.S. leadership in international cooperation; the use of drones with “near-certainty of no collateral damage”; Pakistan as a “disastrously dysfunctional country” and questionable U.S. ally; the impact of tribalism and misogyny in the Middle East; America’s misunderstanding of Reagan and the Iran hostage crisis; America’s overblown fear of terrorism (“Obama frequently reminds his staff that terrorism takes far fewer lives in America than handguns, car accidents, and falls in bathtubs do”); his frustration with “free rider” allies who don’t contribute to the costs of U.S. foreign policy objectives they support; and his views on the scope of executive power in foreign policy.

It describes the resentments which Obama had developed by 2013:

He resented military leaders who believed they could fix any problem if the commander in chief would simply give them what they wanted, and he resented the foreign-policy think-tank complex. A widely held sentiment inside the White House is that many of the most prominent foreign-policy think tanks in Washington are doing the bidding of their Arab and pro-Israel funders. I’ve heard one administration official refer to Massachusetts Avenue, the home of many of these think tanks, as “Arab-occupied territory.”

On climate change, Obama is quoted saying:

“As I survey the next 20 years, climate change worries me profoundly because of the effects that it has on all the other problems that we face,” he said. “If you start seeing more severe drought; more significant famine; more displacement from the Indian subcontinent and coastal regions in Africa and Asia; the continuing problems of scarcity, refugees, poverty, disease—this makes every other problem we’ve got worse. That’s above and beyond just the existential issues of a planet that starts getting into a bad feedback loop.”

The article also includes some interesting analysis of how Obama adjusted his strategy in response to particular events, as well as interpersonal disagreements among his key advisors.

Another interesting comment is that Obama sees the Middle East as “soon be of negligible relevance to the U.S. economy” “thanks to America’s energy revolution”. It would be interesting to know if he means the noble course of improved efficiency and the deployment of climate-safe energy sources, or the massive expansion of oil and gas production which he has helped drive.

Free speech at universities

The Economist recently printed an article about free speech on university campuses in the U.S..

In particular, they contrast thedemands.org which they say “lists speech-curbing demands from students at 72 institutions” and the Chicago Statement which argues that “[c]oncerns about civility and mutual respect can never be used as justification for closing off discussion of ideas, however offensive or disagreeable”.

Generally speaking, I am extremely skeptical about curbs on the freedom of speech, even when they have plausible justifications. People don’t have a right not to be offended, and universities must provoke thinking in order to serve their purpose.