Finance & the Economy

The Reactionary ‘Freeman-​on-​the-​land’ and a Political Fracture

Sean Keating

Freemen-​on-​the-​land is a reac­tion­ary west­ern move­ment which argues that law is based on con­sent. They dis­trib­ute legal advice, sug­gest­ing that people can and should refuse to accept the jur­is­dic­tion of the courts. This has become par­tic­u­larly import­ant in Ire­land recently, fol­low­ing the increas­ing fore­clos­ure on debts. The Irish Times reports over 100 ‘Freeman’-style argu­ments used in the…

An Ungovernable Italy: Interview with Bifo

Bifo

Amador Fernández-​Savater: What is the con­text in which the Italian elec­tions have taken place? Bifo: The polit­ical dis­in­teg­ra­tion of Europe. Europe was born as a pro­ject of peace and social solid­ar­ity, tak­ing up the leg­acy of the social­ist and inter­na­tion­al­ist cul­ture that opposed fas­cism. In the 90s, fin­ance capital’s major centres of power decided to des­troy the European…

A Bailout of the People by the People – Will it Work?

You're not aloan

From 15 Novem­ber 2012, a part of the Occupy Move­ment in the U.S. led by Strike Debt will be oper­at­ing a “Rolling Jubilee” which their web­site describes as:

A bail­out of the people by the people.

We buy debt for pen­nies on the dol­lar, but instead of col­lect­ing it, we abol­ish it. We can­not buy spe­cific indi­vidu­als’ debt — instead, we help lib­er­ate debt­ors at ran­dom through a cam­paign of mutual sup­port, good will, and col­lect­ive refusal.”

David Grae­ber, for example, has been tweet­ing about this enthu­si­ast­ic­ally and the Rolling Jubilee Face­book page has a pic­ture of Sla­voj Zizek hold­ing the linked “Strike Debt” logo and a state­ment claim­ing that he too sup­ports the cam­paign. My ini­tial reac­tion to the plan was open-​minded bemuse­ment and a ques­tion which I see keeps recur­ring on the Rolling Jubilee FB page: “How does this work?.”

Another Greek Myth: Freedom of the Press

Kostas Vaxevanis 28 Oct 2012

Op-​ed on the arrest of Kos­tas Vaxevanis for pub­lish­ing the names of Greeks with Swiss bank accounts A war­rant for Greek journ­al­ist Kos­tas Vaxevanis’ arrest was issued today [Ed. 28 Octo­ber 2012] for the alleged crime of “viol­at­ing pri­vacy legis­la­tion” related to his bi-​weekly magazine HOT DOC which pub­lished a list of 2,059 names and asso­ci­ated professions…

In Germany insolvency law becomes financialised

insolvency

The Amend­ment of the Ger­man Bank­ruptcy Act,1 which came into effect six months ago, has opened the door to wide­spread abuse alleges the industry asso­ci­ation VID, which claims to rep­res­ent more than half of liquid­at­ors. “A few influ­en­tial and wealthy cred­it­ors now threaten to dom­in­ate pro­ceed­ings”, the VID chair­man Chris­toph Nier­ing said in Berlin. “In addition,…

After the Indignation: A Speech from within the Spanish Resistance

coordinadora25s

Last 25S (25th of Sept) we called to sur­round the Con­gress of the mem­bers of par­lia­ment to res­cue it from the kid­nap­ping of the pop­u­lar sov­er­eignty car­ried out by the Troika and the fin­an­cial mar­kets. An occu­pa­tion executed with the con­sent and col­lab­or­a­tion of most of the polit­ical parties. Besides the con­stant threats, the manipulation…

LIBOR (and other mythical beasts)

Chimaera

Mar­tin Wheat­ley, Brit­ish fin­an­cial reg­u­lator charged with solv­ing the LIBOR crisis, has returned from his Cru­sade car­ry­ing, we are told, a splinter of the True Cross which he assures us is cap­able of pro­cur­ing mir­acles. Not com­mon or garden mir­acles involving the lame, Galilean fish stocks, or talk­ing asses, no. Some­thing really impress­ive: announ­cing the actual…

Finance’s contribution to GDP — another sleight of hand?

Man Ray - Hands

Yesterday’s pub­lic­a­tion of fur­ther dis­mal GDP data for the UK is an oppor­tun­ity to recon­sider its basis as the jus­ti­fic­a­tion for many aspects of the cur­rent neo­lib­eral order. Brack­et­ing out the ques­tion of whether eco­nomic growth is a valid lode­star for any just soci­ety, there comes the old but under-​frequented ques­tion1 about what con­sti­tutes growth and…

Securitisation outfit fined USD125m for obtaining false credit ratings

Mizuho Bank Head Office in Tokyp

In my pre­vi­ous post I asked some­what rhet­or­ic­ally what else banks had felt able to do dur­ing the credit crunch if the belief had arisen that “mar­ket sta­bil­ity” (sc. bank sur­vival”) trumped crim­inal law. The U.S. Secur­it­ies and Exch­nage Com­mis­sion (“SEC”) has obli­gingly provided an example. Yes­ter­day (19 July 2012) the Secur­it­ies and Exchange Com­mis­sion charged…

LIBOR: City absolutism and raison de marché

Peter the Great shaves his courtiers

What’s the dif­fer­ence between Monaco and the City of Lon­don? One is a micro-​territory gov­erned by abso­lute fiat, hol­lowed out by prop­erty spec­u­la­tion, gambling, and the con­ceal­ment of great crimes of wealth, and the other is Monaco. In case your won­der­ing, Monaco does have branches of HSBC and Barclays, and, if you need any­thing tricky sort­ing out,…

Investment Arbitration: Restricted Area

Investment Arbitration – Restricted Area

With a Pro­ced­ural Order issued on June 26th, an ICSID Arbit­ral Tribunal has made a decision con­cern­ing an amicus curiae peti­tion filed on 23 May 2012 by an ensemble of Peti­tion­ers formed by an inter­na­tional NGO and four Zim­b­ab­wean indi­gen­ous com­munit­ies. Revers­ing the recent trend toward trans­par­ency and par­ti­cip­a­tion in invest­ment arbit­ra­tion, the Panel has denied the…

The legal market has its Lehman Bros. moment

A lawyer leaving Dewey & LeBoeuf's New York offices for the last time

As part­ners and asso­ci­ates of 190 equity part­ner US law firm Dewey & LeB­oeuf filed out of their 6th Ave. New York office, card­board boxes of desk clut­ter in hand, one could not help noti­cing the sim­il­ar­it­ies with the images of the col­lapse of Leh­man Bros. The super­fi­cial sim­il­ar­ity is not merely ostens­ible, how­ever; the reasons…

SYRIZA Proposal: The Exit from the Crisis on the Left

3_48732

1. Cre­ation of a shield to pro­tect soci­ety against the crisis • Not a single cit­izen without a guar­an­teed min­imum income or unem­ploy­ment bene­fit, med­ical care, social pro­tec­tion, hous­ing, and access to all ser­vices of pub­lic util­it­ies. • Pro­tec­tion of and relief meas­ures for indebted house­holds. • Price con­trols and price reduc­tions, VAT reduc­tion, and abol­i­tion of VAT

A European State of Prolonged Emergency

frankfurt_protest_2334_N2-1

If we look at the post-​2008 his­tory of European and Mem­ber States’ legis­la­tion, we can clearly per­ceive the emer­gence and con­sol­id­a­tion of a dis­course of crisis and neces­sity, which has been used to aban­don exist­ing legal con­straints and to dis­mantle the bound­ar­ies provided by the struc­ture of the EU. For­ti­fied by a nar­rat­ive of apo­ca­lypse, illeg­al­ity has been trans­formed into lawfulness.

Con­sid­er­ing the fam­ous 2009 judg­ment of the Fed­eral Con­sti­tu­tional Court (Bundes­ver­fas­sungs­gericht) in Ger­many, we can affirm that accord­ing to the fun­da­mental Treaties:

the European Union must com­ply with demo­cratic prin­ciples as regards its nature and extent and also as regards to its own organ­isa­tional and pro­ced­ural elab­or­a­tion. This means firstly that European integ­ra­tion may not res­ult in the sys­tem of demo­cratic rule [in Mem­ber States] being undermined. […]

The New Irish Constitution

638px-Flag_President_of_Ireland

Fol­low­ing the Irish Government’s decision to modify the con­sti­tu­tion of 1937 fol­low­ing a new con­sti­tu­tional con­ven­tion, the Ice Moon Blog — which has con­tacts in the highest places in the Irish State — has been able to obtain a secret gov­ern­ment memo with a full mock-​up of the new con­sti­tu­tion to be amended after the Fiscal Com­pact Ref­er­en­dum. The fol­low­ing are the…

What follows farce?

george-osborne-bullingdon

At this week’s UK Treas­ury Select Com­mit­tee hear­ing on the Budget of 2012, attendees were invited to draw par­al­lels between George Osborne’s view of eco­nom­ics and the mil­it­ary stratagems of Field Mar­shall Haig. It seems that the Brit­ish Chan­cel­lor of the Exchequer has fol­lowed Haig in believ­ing that the best way to con­found one’s enemies…

The Muppet Show

A Goldman Sachs client (apparently)

Greg Smith’s resig­na­tion let­ter in the New York Times yes­ter­day, announ­cing a bridge-​burning depar­ture from his pos­i­tion as Exec­ut­ive Dir­ector of Gold­man Sachs’ Equity Deriv­at­ives Divi­sion (Europe, Asia, Africa) cer­tainly brought Wall St. to a rel­at­ive halt. GS can­celled con­fer­ence calls and the Gold­man Flacks (PR goons) were roun­ded up to pour scorn on Mr. Smiths alleg­a­tions as “unrecognisable”.

The import­ance of the let­ter was not so much it’s rev­el­a­tion of a eat-​what-​you-​kill cul­ture in which cli­ents are the main course, not even the con­ten­tion that some­how GS had changed cul­ture — it hadn’t any more than any other invest­ment bank since the Big Bang. The let­ter was import­ant because it effect­ively took GS cli­ents’ faces and slammed them against the res­taur­ant win­dow, through which they could now see their GS con­tact engaged in anthro­po­pha­gia between rauc­ous tales of how the cur­rent dish had of its own voli­tion signed up to sit on the plate […]

The Abaclat legacy: Investment Arbitration as an Obstacle to Greek Recovery

A Bank of Greece sign outside the institution.

The agree­ment reached between the Eurogroup and the Greek gov­ern­ment in the night between last Feb­ru­ary 20th and 21st has been con­sidered by the former as ‘a com­pre­hens­ive blue­print for put­ting the pub­lic fin­ances and the eco­nomy of Greece on a sus­tain­able foot­ing and hence for safe­guard­ing fin­an­cial sta­bil­ity in Greece and in the Euro area as a whole’.

Unfor­tu­nately, the recent Abaclat award (2011), that affirmed the jur­is­dic­tion of an ad hoc panel of the World Bank’s arbit­ra­tion arm the Inter­na­tional Centre for the Set­tle­ment of Invest­ment Dis­putes (“ICSID”) over a claim filed by over 160,000 Italian bond­hold­ers against Argen­tina for breach of the Italy-​Argentina Bilat­eral Invest­ment Treaty (“BIT”), might rep­res­ent an obstacle toward the achieve­ment of the goals of the Greek restruc­tur­ing. The effect of Abaclat amoun­ted to a declar­a­tion that the effect­ive pro­tec­tion of the invest­ment rep­res­ents the sole term of ref­er­ence of invest­ment arbit­ra­tion, inde­pend­ently from the legit­im­ate interest of the state, and that this effect­ively per­mit­ted re-​interpretation (if not simply over­rode) Argen­tinian law, the rel­ev­ant BIT, the terms and con­di­tions of the bonds in ques­tion, and even (with respect to “mass claims”) the pro­ced­ural rules of ICSID itself.

Occupy: a brief note on three antique responses to debt crisis

Secessio_plebis

It is worth remark­ing that three broad types of response to debt crisis could be found in antiquity, in the Mediterranean-​Mesopotamian area. We say broad types because it is quite pos­sible that the par­tic­u­lar type remarked upon was rather the pre­dom­in­ant or defin­ing char­ac­ter­istic of a move­ment, and could be accom­pan­ied by the other types of…

The Irish Crisis: This budget is about political choices based on priorities of class

Ireland's Finance Minister

As we are forced to look at the budget over two days, a par­tic­u­lar unne­ces­sary cruelty, it’s worth emphas­ising, as those in the ULA and Sinn Féin have done, that this is a budget based on polit­ical choices. It is depress­ing to watch seasoned polit­ic­ans like Pat Rab­bitte claim pathet­ic­ally that if they didn’t make the choices…