Showing posts with label trade. Show all posts
Showing posts with label trade. Show all posts

Monday, April 14, 2008

Union Killings Peril Trade Pact With Colombia

By SIMON ROMERO

BOGOTÁ, Colombia — Lucy Gómez still shudders when speaking of the murder of her brother, Leonidas, a union leader and bank employee who was beaten and stabbed to death here last month. His murder was part of a recent increase in killings of union members in Colombia, with 17 already this year.

“I want those who did this to pay for their crime,” said Ms. Gómez, 37, a seamstress, clutching a faded photograph of her brother, an employee of Citigroup’s Colombian unit who was 42. “But I feel in danger myself,” she said. “This is not a country where one can express such a wish without fear of being eliminated like my brother.”

Ms. Gómez’s fear and similar dread felt by union members and their families have long been features of labor organization during this country’s four-decade civil war. More than 2,500 union members in Colombia have been killed since 1985, with fewer than 100 cases resulting in convictions, according to the National Labor School, a labor research group in Medellín.

Now those killings are emerging as a pressing issue in Washington as Democrats and Republicans battle over a trade deal with Colombia, the Bush administration’s top ally in Latin America.

Colombia’s government is already struggling to recover from the latest salvo in this fight, a vote by House Democrats on Thursday to snub President Bush and indefinitely delay voting on the deal.

Since President Álvaro Uribe’s conservative government took office in 2002, there has been a marked decline in union killings. That has accompanied a broader decline in overall murders and kidnappings as the civil war, between leftist rebels on one side and government forces and right-wing paramilitary groups on the other, has eased somewhat from its peak in the 1990s.

Still, 400 union members have been killed since 2002, and dozens of Mr. Uribe’s supporters in Congress and his former intelligence chief are under investigation for ties to paramilitary death squads, which are classified as terrorists by the United States and responsible for some of the union killings.

Unions were often pulled into Colombia’s war when faced with suspicions among paramilitaries that their ranks had been infiltrated with leftist guerrilla sympathizers. Or sometimes union members suffered simply because they opposed the paramilitaries’ brutal assertion of control over large parts of Colombia.

In recent weeks a new wave of threats has emerged, from groups identifying themselves as a new generation of private armies, against human rights and labor organizers. Many of those organizers have opposed the trade deal, raising the specter of still more anti-union violence to come.

This year, 17 union members have been killed, a rate that suggests a substantial increase in anti-union violence compared with 10 such killings in the same period the year before. Several killings occurred in the days surrounding unusual protest marches against paramilitary forces here last month.

Complicating matters further, leftist guerrillas, who have sought to topple the government in Colombia’s long war, have also made union officials targets for assassination. Union leaders who are in favor of the trade deal, largely from export-oriented industries, have suggested some of the recent killings may have been carried out by factions opposed to stronger trade ties with the United States.

Some supporters of the trade deal are quick to point out that union members are still statistically less likely to be killed than members of the general population. But that ignores geographic and socioeconomic factors — poor rural residents in the country’s war zones bear a disproportionate risk from violence — and it is clear that union officials continue to be specific targets for intimidation and violence.

The case of Leonidas Gómez, Ms. Gómez’s brother, is one of several examples of union officials killed in recent weeks who were involved in organizing rare protest marches last month against paramilitaries. Government investigators here said they were investigating all the recent killings but had not yet identified those responsible.

Carlos Burbano was a vice president in the hospital workers’ union of the municipality of San Vicente del Caguán in southern Colombia who disappeared March 9. His body was found four days later in a garbage dump in an area considered paramilitary territory. Mr. Burbano, who had received threats before from paramilitaries, had been stabbed multiple times and burned with acid.

Like Mr. Burbano, Mr. Gómez, a member of the Bank Workers’ Union here in Bogotá, was an outspoken critic of the paramilitaries. He had also traveled throughout Colombia to speak against the trade deal, which he expected to raise salaries of senior Citigroup executives while eroding the benefits of employees, said Luis Humberto Ortiz, a fellow union official and Citigroup employee.

Mr. Gómez, last seen at a meeting with leftist politicians on the night of March 4, was found dead in his apartment on March 8, with stab wounds and his hands tied behind his back. Missing from his apartment were his laptop computer, U.S.B memory sticks and cash from his pockets, said his sister, Ms. Gómez.

Mr. Gómez’s family and his colleagues from the Bank Workers’ Union said they were convinced that he had been killed because of his union activities. But Maria Isabel Nieto, a vice minister of justice, said in an interview that investigators could not rule out a “crime of passion.”

Such uncertainty surrounds many union killings here, and critics of the unions insist that some of the killings are simple criminal cases rather than political violence. Union leaders say that despite a recent increase in murder convictions in cases involving union deaths, there are still relatively few convictions and that prison terms have been too lenient.

“Colombia has a horrible record of bringing the vast majority of those responsible for these killings to justice,” said José Miguel Vivanco, Americas Director for Human Rights Watch.

Some of the killings linger over commercial ties with the United States, Colombia’s largest trading partner. Paramilitaries, for instance, killed three union leaders in 2001 who were employed by Drummond Company, an Alabama coal producer with operations in northern Colombia. A jury in Birmingham, Ala., cleared Drummond last year of claims that it was responsible for the killings.

No one denies that assassinations of union members have dropped significantly from the 1990s, the worst years of Colombia’s war, when more than 200 such killings a year were reported.

In 2007, union killings fell to 39 from 72 the previous year, according to the National Labor School in Medellín. They were expected to decline further this year until the recent spike in killings. (Figures from Colombia’s government are often lower because of methods that refrain from including killings when motives are unclear; so far this year the government has counted 15 union killings compared with 17 documented by labor groups.)

“We must remember that these killings are not a matter of state policy,” Vice President Francisco Santos said in an interview here in March. “On the contrary, we abhor these acts and are doing everything we can to bring the number down as low as possible,” he said, citing an unprecedented increase in prosecutions of union killings in the past year.

For 2008, the government budgeted $45.7 million for protecting people at risk of assassination, of which about a third goes to threatened union members. Under the program, more than 200 unionists have armored cars or bodyguards, and more than 170 union buildings and homes of union members have bulletproofing improvements.

Still, revelations of ties between the private militias and some of Mr. Uribe’s most influential political supporters haunt official efforts to lower union killings. For instance, Jorge Noguera, Mr. Uribe’s former intelligence chief, is under investigation for handing over lists to paramilitaries of union leaders and other left-wing figures who were singled out for assassination.

Widespread ambivalence, bordering at times on hostility, persists in Colombian society over the role of unions. Many Colombians still view unions as redoubts of privilege for union leaders at a time when the private sector is driving an economic boom, through exports of legal commodities like coal and illicit ones like cocaine.

“Why don’t the Democrats worry about Chinese products that take jobs away from Americans or about trade with countries with terrible human rights violations?” asked Rafael Jordán Rueda, 54, a management consultant here. “I’m completely convinced Colombia has become a victim of the struggle for power in the presidential elections in the United States.”

Faced with the delays in Washington, senior government officials here are somewhat more cautious in expressing their shock at the possibility that Colombia might be denied the trade pact. “If the United States takes the rug out from under us, we would look like imbeciles internally and in the region,” Defense Minister Juan Manuel Santos said in an interview.

El Espectador, an influential weekly newspaper in Bogotá, said in an editorial on Sunday that such a move would be misguided. “Blocking a tool like the free trade agreement, which seeks to foment development, does not seem like the best mechanism for defending Colombian trade unionists,” the editorial said. Instead, the newspaper suggested redirecting American aid to strengthen the Colombian judicial system’s investigations of human rights violations.

Still, for union leaders like Rafael Boada who are living with threats, the focus on political violence is welcomed as part of the debate over the trade pact. Mr. Boada, a bank employee in Bucaramanga in northeastern Colombia, escaped March 7 after two men on a motorcycle shot at him, their bullets lodging in the windshield of his car.

“We are a stigmatized group,” said Mr. Boada, explaining his role in helping to organize last month’s march against paramilitaries. “I am certain this happened because of my union activities.”

Jenny Carolina Gonzalez contributed reporting.

Saturday, March 15, 2008

The sabre-rattling on NAFTA is worrying, but take it as an opportunity

MICHAEL HART AND WILLIAM DYMOND

Globe and Mail Update

March 14, 2008 at 11:39 PM EDT

Thanks to some opportunistic electioneering in Ohio by the two Democratic hopefuls, Hillary Clinton and Barack Obama, Canadian interests – specifically, the North American free-trade agreement (NAFTA) – briefly became an item in the U.S. presidential campaign. While the campaign has moved on, the Canadian chattering classes remain fixated on the apparent threat to NAFTA, with many voices urging the government not to let the Americans bully us into reopening the agreement. As former officials involved in the negotiation first of the Canada-U.S. free-trade Agreement (FTA) and then of NAFTA, we are gratified to see such solicitude for these two treaties. On closer examination, however, there is both more and less to this story.

First the “less.” No, the Clinton-Obama political pandering poses no serious threat to NAFTA. Ohio is a vote-rich and union-rich state, two facts of life that make it almost axiomatic that Democratic politicians would rattle some sabres on trade. Ohio is also part of the U.S. rust belt that is undergoing some serious adjustments to changing economic conditions. Highly paid, unionized manufacturing jobs in that region have been declining since the 1970s. International trade contributes to this trend, though it has also fuelled the growth of high technology, financial services and other sectors in the U.S. Other factors, notably technological change, are more important causes of the rapid economic adjustments. Trade, however, is the politically easiest target. In the case of Ohio, it is not trade inside NAFTA, but trade with China and other low-cost suppliers that is burrowing into its manufacturing base. If anything, NAFTA has helped prolong auto-industry and other manufacturing jobs, by providing a more integrated North American trade and investment environment.

The evolution of the Ohio economy – and that of Michigan, Indiana, Illinois and other parts of the rust belt – is too complicated a story to be captured in the images and slogans that make up a political campaign. Politics is about simplifying complex problems and phenomena, and offering attractively packaged solutions. Claims that NAFTA is part of the problem and that it can be renegotiated to create a better balance fall easily from the mouths of candidates fighting for every delegate they can get.

But that prospect is not real, as Austan Goolsbee, Senator Obama's economic adviser, admitted in an unguarded moment to Canada's consul-general in Chicago. It is unreal for any number of reasons. First of all, the FTA/NAFTA regime is now approaching its third decade. Negotiations began in 1986, to respond to problems that had been recognized in the early 1980s. The FTA came into force in 1989, NAFTA in 1994. Both have now been fully implemented; all transitional arrangements have been exhausted. Opening up NAFTA would consequently be tantamount to going back to the 1980s. Too much adjustment and investment have taken place since then, in reliance on the agreement's rules. By targeting NAFTA, the two Democratic candidates are promising a better yesterday.
Brian Gable/The Globe and Mail
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(Brian Gable/The Globe and Mail)
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* Discussion: NAFTA chatter a chance to make changes

The Globe and Mail

Senators Clinton and Obama insist their real concern has to do with the labour and environmental side agreements. Sen. Clinton seems to have conveniently forgotten that it was her husband and a Democratic Congress who insisted on these side agreements. They are integral parts of NAFTA and form part of the U.S. legislation that has implemented it. The environment pact has worked well, providing a spotlight on potential problems in the enforcement of domestic environmental laws. The labour pact has been less active, not because of its terms, but due to a lack of credible complaints. If the U.S. has serious proposals for updating these agreements, Canada should be prepared to look at them with an open mind.

So much for the less, what about the more? Is there anything Canadians should be worried about? Yes, there is.

IF THINGS GET UGLY

Washington is going through one of its periodic protectionist moods on trade and investment. For all their talk about reaching out more and working with their friends and allies after the Bush administration is gone, Democrats show little interest in enhancing the global role and image of the U.S., when they talk threateningly about unilateral actions on trade. If our neighbours elect a Democratic president, Senate and House on Nov. 4, things could get ugly, as a falling U.S. dollar, the credit crunch and serious troubles in the housing market add to recession anxieties.

The target for much of that ugliness will be China and other low-cost suppliers to the U.S. consumer market. Most Americans do not have much understanding of the role of these suppliers in maintaining U.S. economic activity. Both politicians and the public fail to realize the benefit of Chinese manufacturing goods produced to U.S. design and using U.S. technology. A recent University of California study found that, of an Apple iPod sold in the U.S. for $299, $160 goes to American companies that design, transport and retail iPods. Only $4 stays in China with the firms that assemble the devices.

Canada will not be a direct target of know-nothing economics that believes trade is bad and no trade is good. But we could be sideswiped. Canada needs open global markets for trade and investment. Protectionism directed against any country hurts our economy. To forestall protectionist sentiment in the U.S., Canadians need to take a serious look at the Canada-U.S. relationship and consider areas where there is scope for constructive, co-operative engagement with the next administration. We should do this, whoever is sworn in as president next Jan. 20.

The Canada-U.S. relationship has drifted for more than a decade. It came close to coming off the rails in the Martin years. Dialogue at the most senior levels of government almost ceased, as petulance and prickly self-righteousness became the salient characteristics of Canadian management of the relationship. The Harper government brought maturity and perspective, but it is still difficult to discern to what purpose the Prime Minister wants to put this civility. He urgently needs to fill that gap, and no later than the end of this year. Specifically, he needs to reconnect Canadian policy with Canadian interests. Ministers and officials, now devoting resources to minor trade agreements with minor trading partners – that includes the European Union – need to refocus their energy on matters that count. As it stands, to use a Texan saying, Canadian trade policy is “all hat and no cattle.”

THICKENING BORDER

Ideas and initiatives have always had to come from Canada because Americans do not devote a lot of thought to the Canada-U.S. relationship, and when they do come up with ideas, Canadians are quick to see these as threatening. It will be better for Canadians to begin mapping out what kind of agenda meets the interests of both countries. Finding an answer big enough to interest American politicians and not so big as to frighten Canadian politicians will tax the imagination of officials and others interested in Canadian public policy. In our view, Canadians need to work out a plan to deal with these concerns:

What steps can be taken to achieve a more open and more secure border for cross-border trade and investment? Ever since Sept. 11, 2001, the border has been thickening, to the detriment of trade.

What can we do together to promote our common interests in the security of the Arctic, the sustainable exploitation of Arctic energy supplies, and environmentally responsible navigation through Arctic waters? Russian and other claims in the high Arctic could be problems and need to be contained by well-thought-through efforts to establish a Canadian presence there. U.S. support will be critical.

What kind of legislative and other programs can we pursue in order to ensure long-term North American energy security?

What further steps can be taken to promote cross-border regulatory co-operation? As the two economies have become more integrated, small, incidental regulatory differences are adding to costs and reducing wealth-creating trade and investment opportunities.

What kind of institutional capacity do we need to have in place to facilitate and promote the governance of North American economic and security concerns and to ensure appropriate co-operation at the state/provincial and legislative levels?

What steps can we take to work together in promoting global peace, security and development, particularly in Afghanistan and other troubled states?

What do we need to do together to address global and cross-border environmental issues?

On some of these matters, direct bilateral interests are at stake. On others, we share values and goals that arise from our common humanity. Canadians like to make a difference in world affairs. The U.S. is the one country that has much in common with us and has the capacity and resources to make a major difference. We can be more effective if we work with the Americans, not at cross-purposes.

At one level, the sabre-rattling on NAFTA is worrisome. At another, it is a wakeup call and an opportunity. Let's seize it.

Michael Hart is Simon Reisman professor of trade policy at Carleton University's School of International Affairs. William Dymond is Senior Executive Fellow at Carleton's Centre for Trade Policy and Law. Both are former federal officials.

Wednesday, March 05, 2008

Heated Words in Wake of Colombian Raid

Ecuador's Correa Warns of Danger to Region; Uribe to Seek Genocide Charges Against Chávez

By Monte Reel
Washington Post Foreign Service
Wednesday, March 5, 2008; A15

RECIFE, Brazil, March 4 -- While troops in Ecuador and Venezuela moved toward their borders with Colombia, the leaders of those three countries moved further from a negotiated solution Tuesday. One ratcheted up his rhetoric, another cut trade ties, and the third warned of a broader regional conflict if the worsening diplomatic dispute becomes a military confrontation.

Ecuador's Rafael Correa visited Peru to begin a tour soliciting Latin American backing for sanctions against Colombia after its military crossed into Ecuador on Saturday to attack guerrillas from the Revolutionary Armed Forces of Colombia, who use the frontier region as a sanctuary. Venezuela, which jumped into the dispute in support of Ecuador, announced that it would halt cross-border trade with Colombia.

"If this act goes unpunished, the whole region will be in danger, because the next victim could be Peru, it could be Brazil, it could be Venezuela, Bolivia or any of our countries," Correa said in televised comments in Lima. "Colombia's attitude is creating a danger for the entire region and setting intolerable precedents."

But Colombia's Álvaro Uribe announced that he will ask the International Criminal Court to bring genocide charges against Venezuela's Hugo Chávez, whom he has accused of sympathizing with the rebel group. Colombian officials contend that computer documents recovered in Saturday's cross-border raid revealed that Chávez had given more than $300 million to the FARC, the Marxist insurgency that has battled the Colombian government for more than 40 years.

Correa and Chávez are vocal critics of the regional influence of the United States, which has provided military assistance and billions of dollars in funding for Colombia's fight against drug-trafficking and guerrilla groups that profit from the narcotics trade. President Bush said Tuesday that he spoke with Uribe to express his support.

"I told the president that America fully supports Colombia's democracy and that we firmly oppose any acts of aggression that could destabilize the region," Bush said at the White House. "I told him that America will continue to stand with Colombia as it confronts violence and terror and fights drug traffickers."

Though the initial dispute did not involve Venezuela, Chávez's involvement surprised no one in the region. A former army lieutenant colonel who tried unsuccessfully to topple the Venezuelan government in 1992, Chávez has infuriated Uribe by publicly praising the FARC and its members as "revolutionaries."

"Certainly one of the points of greatest discord between Venezuela and Colombia has been the overt support of Chávez for the FARC, which resulted in a worsening of diplomatic relations even before March 1," said Peter DeShazo, a former U.S. diplomat in Latin America and currently director of the Americas program at the Center for Strategic and International Studies. "Generally, Chávez's view on the FARC has been largely benign in the face of a Colombian government that has dedicated itself to encountering the FARC and the other illegal armed groups."

In recent months, Chávez has tried to mediate swaps of prisoners between the FARC and the government of Colombia. The FARC has released six hostages to Venezuelan authorities, and Chávez has asked other governments to remove the group from their lists of terrorist organizations.

Among the hostages held by the FARC are three U.S. military contractors and former Colombian presidential candidate Ingrid Betancourt, who also has French citizenship. Both France and Ecuador had been communicating with Raúl Reyes, a senior FARC commander killed in Saturday's raid, according to Colombian officials.

The FARC released a statement Tuesday saying that Reyes was killed while trying to arrange -- through Chávez -- a meeting with French President Nicolas Sarkozy to discuss the possible release of Betancourt, who is said to be ill. Correa contended during his televised address that Colombia's attack disrupted late-stage discussions to release 12 hostages.

During an emergency meeting of the Organization of American States in Washington aimed at negotiating a peaceful solution to the crisis, Colombian officials described the FARC as a "mafia" group. But they also reiterated the country's apologies to Ecuador for the incursion into its territory.

"The government of Colombia has offered public apologies to the government of Ecuador, and we do so again today," Camilo Ospina, the Colombian ambassador to the OAS, said during the televised meeting.

Tuesday, March 04, 2008

Venezuela sends troops to Colombia border

The Associated Press
Tuesday, March 4, 2008

BOGOTÁ: Hundreds of Venezuelan troops moved toward the border with Colombia on Tuesday, where trade was slowing amid heightening tension after Colombia's cross-border strike on a rebel base in Ecuador.

The Organization of American States scheduled an emergency afternoon meeting in Washington to try to calm one of the region's worst political showdowns in years, between Colombia and Venezuela's president, Hugo Chávez, and his allies.

Colombian and Ecuadorean officials, meanwhile, traded accusations in the United Nations and the International Criminal Court.

The escalation of tensions was set off over the weekend when Colombia troops crossed the border with Ecuador and killed Raúl Reyes, a top commander of the Revolutionary Armed Forces of Colombia, or FARC, whose rebels had set up a camp there.

Chávez, who sympathizes with the leftist rebels, condemned the killing and angrily ordered about 9,000 soldiers - 10 battalions - to Venezuela's border with Colombia. He warned President Álvaro Uribe of Colombia that any strike on Venezuelan soil could provoke a South American war.

Colombia's defense minister said Monday that he would not be provoked into mobilizing troops in response.

President George W. Bush said the United States would stand by Colombia and criticized Venezuela's government for making "provocative maneuvers." Colombia has received about $5 billion in U.S. aid to fight drugs and leftist rebels since 2000.

Alberto Muller Rojas, a retired Venezuelan general and former top Chávez aide, said the troops were being sent to the border region as "a preventative measure."

Soldiers boarded buses and trucks at the Paramaracay base in central Venezuela on Tuesday morning, and battalions also were moving out from the northern state of Lara, its pro-Chávez governor, Luis Reyes, said.

The Venezuelan military has been tight-lipped about troop movements. Venezuela's armed forces include about 100,000 troops, Muller Rojas said. Colombia's U.S.-equipped and trained military has more than twice as many.

Uribe said his government would ask the International Criminal Court to try Chávez, alleging that he had financed "genocide" committed by the FARC. Uribe alleged that a laptop computer the Colombians said belonged to Raúl Reyes contained a reference to a $300 million Venezuelan payment.

The biggest losers from the killing of Reyes appeared to be the hostages that the FARC rebels have held for years, pending a swap with rebel prisoners.

Ecuador and France said they had been communicating with Reyes, trying to secure a hostage release, when Colombia's air force crossed the border to bomb his jungle camp. Along with Reyes, 20 other rebels were killed.

"I'm sorry to tell you that the conversations were pretty advanced to free 12 hostages," Ecuador's president, Rafael Correa, said in a nationally televised address. "All of this was frustrated by the war-mongering, authoritarian hands" of the Colombian government.

A French Foreign Ministry spokeswoman, Pascale Andréani, confirmed that France had been in contact with Reyes and that "the Colombians were aware of it."

Colombia said documents in Reyes's laptop indicate that Correa's internal security minister met recently with a FARC envoy to discuss deepening relations with Ecuador and even replacing military officers who might oppose that.

Publicly, there had been no indication of even preliminary progress in securing the release of any of the 40 hostages the FARC wants to swap for hundreds of jailed guerrillas. Those hostages include three U.S. military contractors and a former Colombian presidential candidate, Ingrid Betancourt, who also has French nationality and who has become a cause célèbre in Europe.

The raid Saturday followed last week's release by the FARC of four hostages to Venezuela's justice minister, Ramón Rodríguez Chacín. The minister said the raid proved the "intent of the fascist Colombian government is to hamper the handover of hostages, because that is the path of peace."

Another victim of the crisis may be border trade, valued at $5 billion a year, most of it Colombian exports sorely needed by Venezuelans who are already suffering milk and meat shortages. Ecuador also depends on about $1.8 billion in trade with Colombia.

Venezuela said it would stop new exports and imports. At one closed border crossing, in Paraguachon, Venezuela, the authorities stopped trucks lined up Tuesday morning. But traffic was flowing normally at another crossing, in El Amparo, where a handful of Venezuelan troops stood watch as usual, the customs office was open, and traffic passed freely.

U.S. pulls the plug on Europeans who want to visit Cuba

By Adam Liptak
Tuesday, March 4, 2008

Steve Marshall is a British travel agent. He lives in Spain, and he sells trips to Europeans who want to go to sunny places, including Cuba. In October, about 80 of his Web sites stopped working because of the U.S. government.

The sites, in English, French and Spanish, had been online since 1998. Some, like Cuba-Hemingway.com, were literary. Others discussed Cuban history and culture, like Cuba-HavanaCity.com. Still others - CiaoCuba.com and BonjourCuba.com - were purely commercial sites aimed at Italian and French tourists.

"I came to work in the morning, and we had no reservations at all," Marshall said on the phone from the Canary Islands. "We thought it was a technical problem."

It turned out, though, that Marshall's Web sites had been put on a U.S. Treasury Department blacklist and, as a consequence, his domain name registrar, eNom, which is based in the United States, had disabled them. Marshall said eNom told him it did so after a call from the Treasury Department; the company says it learned that the sites were on the blacklist through a blog.

Either way, there is no dispute that eNom shut down Marshall's sites without notifying him and has refused to release the domain names to him. In effect, Marshall said, eNom has taken his property and interfered with his business. He has slowly rebuilt his Web business over the past several months, and now many of the same sites operate with the suffix .net rather than .com, through a European registrar. His servers, he said, have been in the Bahamas all along.

Marshall said he did not understand "how Web sites owned by a British national operating via a Spanish travel agency can be affected by U.S. law." Worse, he said, "these days not even a judge is required for the U.S. government to censor online materials."

A Treasury spokesman, John Rankin, referred a caller to a press release issued in December 2004, almost three years before eNom acted. It said Marshall's company had helped Americans evade restrictions on travel to Cuba and was "a generator of resources that the Cuban regime uses to oppress its people." It added that U.S. companies must not only stop doing business with the company but also freeze its assets, meaning that eNom did exactly what it was required to do under U.S. law.

Marshall said he was uninterested in tourists who are U.S. citizens. "They can't go anyway," he said.

Peter Fitzgerald, a law professor at Stetson University in Florida who has studied the blacklist, said its operation was quite mysterious. "There really is no explanation or standard," he said, "for why someone gets on the list."

Susan Crawford, a visiting law professor at Yale and a leading authority on Internet law, said the fact that many large domain name registrars are based in the United States gives the Treasury's Office of Foreign Assets Control, or OFAC, control "over a great deal of speech - none of which may be actually hosted in the U.S., about the U.S. or conflicting with any U.S. rights."

"OFAC apparently has the power to order that this speech disappear," Crawford said.

The law under which the Treasury Department is acting has an exemption that seeks to protect "information or informational materials." Marshall's Web sites, though ultimately commercial, would seem to qualify, and it is not clear why they appear on the blacklist.

Unlike Americans, who face significant restrictions on travel to Cuba, Europeans are free to go there, and many do. Charles Sims, a lawyer with the firm Proskauer Rose in New York, said the Treasury Department might have gone too far in Marshall's case.

"The U.S can certainly criminalize the expenditure of money by U.S. citizens in Cuba," Sims said, "but it doesn't properly have any jurisdiction over foreign sites that are not targeted at the U.S. and which are lawful under foreign law."

Rankin, the Treasury spokesman, said Marshall was free to ask for a review of his case. "If they want to be taken off the list," Rankin said, "they should contact us to make their case."

That is a problematic system, Fitzgerald said. "The way to get off the list," he said, "is to go back to the same bureaucrat who put you on."

Last March, the Lawyers' Committee for Civil Rights issued a disturbing report on the blacklist. Its subtitle: "How a Treasury Department Terrorist Watch List Ensnares Everyday Consumers."

The report, by Shirin Sinnar, said there were 6,400 names on the list and that, like no-fly lists at airports, it gave rise to endless and serious problems of mistaken identity.

"Financial institutions, credit bureaus, charities, car dealerships, health insurers, landlords and employers," the report said, "are now checking names against the list before they open an account, close a sale, rent an apartment or offer a job."

But Marshall's case does not appear to be one of mistaken identity. The government quite specifically intended to interfere with his business.

That, Crawford said, is a scandal. "The way we communicate these days is through domain names, and the Treasury Department should not be interfering with domain names just as it does not interfere with telecommunications lines," he said.

Monday, August 06, 2007

Dubai Eyes Reforms for Foreign Workers

By JASON DePARLE

DUBAI, United Arab Emirates — They still wake before dawn in desert dormitories that pack a dozen men or more to a room. They still pour concrete and tie steel rods in temperatures that top 110 degrees. They still spend years away from families in India and Pakistan to earn about $1 an hour. They remain bonded to employers under terms that critics liken to indentured servitude.

But construction workers, a million strong here and famously mistreated, have won some humble victories.

After several years of unprecedented labor unrest, the government is seeking peace with this army of sweat-stained migrants who make local citizens a minority in their own country and sustain one of the world’s great building booms. Regulators here have enforced midday sun breaks, improved health benefits, upgraded living conditions and cracked down on employers brazen enough to stop paying workers at all.

The results form a portrait of halting change in a region synonymous with foreign labor and, for many years, labor abuse.

Many rich countries, including the United States, rely on cheap foreign workers. But no country is as dependent as the United Arab Emirates, where foreigners make up about 85 percent of the population and 99 percent of the private work force. From bankers to barbers, there are 4.5 million foreigners here, compared with 800,000 Emirati citizens, according to the Ministry of Labor. About two-thirds of the foreigners are South Asians, including most of the 1.2 million construction workers.

The labor agitation came as a surprise in this city of glass towers and marble-tiled malls where social harmony is part of the marketing plan and political action can seem all but extinct. But when thousands of migrant construction workers walked off the job last year, blocking traffic and smashing parked cars, it became clear that the nonnatives were restless.

“I’m not saying we don’t have a problem,” said Ali bin Abdulla Al Kaabi, the Emirates’ labor minister, who was appointed by the ruling sheiks to upgrade standards and restore stability. “There is a problem. We’re working to fix it.”

Change here is constrained by rival concerns of the sort that shape the prospects of workers worldwide. Like many countries, only more so, the United Arab Emirates needs the foreign laborers but fears their numbers. The recent focus on the workers’ conditions still leaves them under close watch, segregated from the general population, with no right to unionize and no chance at citizenship.

“We want to protect the minority, which is us,” Mr. Kaabi said.

Among those buffeted by recent events is Sami Yullah, a 24-year-old pipe fitter from Pakistan, who arrived four years ago. Like many workers, he paid nearly a year’s salary in illegal recruiter’s fees, despite laws here that require employers to bear all the hiring costs. In exchange, he was promised a job building sewer systems at a monthly salary of about $225, nearly twice what he earned at home.

Mr. Yullah found the work harder and more hazardous than he had expected. Two co-workers were killed on the job, he said, and two others injured, when they fell through a manhole. Conditions at the workers’ camp where he lived, rudimentary at best, disintegrated when his employer let the water and electricity lapse. Then a problem even more basic arose: the company stopped paying the workers.

The owner kept saying, ‘Wait a minute, I will get some money,’ ” said Mr. Yullah, who joined about 400 co-workers last year in walking off the job. “He was taking advantage of us.”

In a break with past practice, Mr. Kaabi’s Labor Ministry backed the workers. Tapping a company bank guarantee, it restored the camp utilities and paid some of the back wages. It barred the company, Industrial and Engineering Enterprises, from hiring more workers, leading it to close its Emirates operation. And it helped workers like Mr. Yullah, who is still owed nearly six months’ back pay, find new jobs.

By global standards, punishing a company that does not pay its workers may seem modest, but Mr. Yullah recognized it as something new.

“The company cheated me,” he said. “But the labor office is standing with the laborers.”

The United Arab Emirates is a rags-to-riches story on a nation-state scale. Until the discovery of oil in the late 1950s, there was little here but Bedouins and sand. To extract the oil and build a modern economy, the rulers imported a multinational labor force that quickly outnumbered native Arabs.

An ethos of tolerance has prevailed, with churches, bars and miniskirts co-existing with burqas. But the construction workers who build hotel rooms that rent for $1,000 a night and malls that sell shoes for $1,000 a pair live segregated lives outside of this prosperous, cosmopolitan world.

They rise before dawn in distant camps, work six days a week at guarded sites and return by bus with time to do little but eat or sleep. Their sheer numbers inspire unease. When the film “Syriana” was released here, the government cut a scene of violent labor protest.

Sonapur, a camp a half-hour’s drive into the desert from Dubai, houses 50,000 workers and feels like an army base. Two- and three-story concrete-block buildings stretch across the horizon, throngs of South Asian laborers fill the streets and desert dust fills the air. Even at midnight the camp roars. Buses ferry workers to third-shift jobs. Earthmovers work the perimeter, breaking ground for more dorms.

Building skyscrapers is inherently dangerous, especially in the heat. Until the government recently began insisting on summer sun breaks, one Dubai emergency room alone was reporting thousands of heat exhaustion cases each month. In a rare count, Construction Week, a local trade publication, canvassed foreign embassies and estimated that nearly 900 foreign construction workers died in 2004, though it could not say what percentage of the deaths were work-related.

The government does not track job-related injuries and deaths, though it is required by law to do so.

Standing on Sonapur’s sand-blown streets, some workers count their blessings. “The work here is no problem,” said Dinesh Bihar, 30, whose $150 salary is four times what he made when he left India.

Some workers count their debts. “I was so eager to come to Dubai, I didn’t ask questions,” said Rajash Manata, who paid placement fees of nearly $3,800, thinking his salary would be six times higher than it is. “I blame myself.”

Some workers simply count the days until they see their families again.

“Three years, four months,” said Cipathea Raghu, 37, when asked how long it had been since he had seen his 10-year-old daughter and 12-year-old son. “They’re always saying, ‘Daddy please, come, when will you come?’ ” he said.

“Tension, tension,” he added, pointing to his heart.

Several years of quickening protests, mostly over unpaid wages, peaked in March 2006, when hundreds of workers went on a rampage near the unfinished Burj Dubai, which is being built as the world’s tallest building. Eight months later, Human Rights Watch, a New York-based advocacy group, accused the Emirates of “cheating workers.”

For a country courting tourists and investors — and a free trade pact with the United States — the report stung. “If the U.A.E. wants to be a first-class global player, it can’t just do it with gold faucets and Rolls-Royces,” said Sarah Leah Whitson, the Middle East director for Human Rights Watch. “It needs to bring up its labor standards.”

Mr. Kaabi, 39, took office in late 2004, with what he describes as a mandate to do just that, for ethical and practical purposes, a departure from the Labor Ministry’s earlier focus on processing employer requests for more foreign hires. “A healthy worker will provide more effective labor — period,” he said in an interview.

He created the summer sun breaks, from 12:30 to 3 p.m. He pledged to increase the number of inspectors to 1,000, from roughly 100, though progress has been slow. And he publicly punished companies caught failing to pay their workers.

The most notable action involved the Al Hamed Development and Construction Company, which was run by a well-connected sheik. After hundreds of workers blocked traffic in Dubai, Mr. Kaabi ordered the company to pay nearly $2 million in fines and temporarily froze the company’s ability to hire new workers.

“A beautiful message was sent: everybody follows the rules,” Mr. Kaabi said.

Acting separately, the emirate of Abu Dhabi has strengthened health benefits and subsidized what is meant to be a model labor camp. Still much about the workers’ lives remains unchanged, including the frequent need to pay high recruiting fees. Mr. Kaabi said that practice was hard to police, since it often occurred in the workers’ home countries. Workers remain tied to specific employers and cannot, without permission, change jobs. And unions remain off limits. Mr. Kaabi said allowing unions would give foreign labor bosses a chokehold on the economy.

“God forbid something happens between us and India and they say, ‘Please, we want all our Indians to go home,’ ” he said. “Our airports would shut down, our streets, construction. No. I won’t do this.”

In July, the government ended a four-day strike at a gas processing plant by sending in the armed forces. There continue to be press accounts of worker suicides.

Faced with complaints about low wages and difficult work, Mr. Kaabi repeats a point often made here: Many workers face greater hardships at home for less pay. “We don’t force people to come to this country,” Mr. Kaabi said. “They’re building a whole new life for their families.” Some come from backgrounds so impoverished, he said, “they don’t know how to use the toilet; they will sit and do it on the ground.”

But Ms. Whitson of Human Rights Watch said, “That’s what exploitation is — you take advantage of someone’s desperation.”

Perched bare-chested on his bunk after a day in the sun, Sadiq Batcha, an 18-year veteran of labor camp life, was of two minds about the recent militancy. “People who did strikes were justified to a certain extent,” he said.

At the same time, Mr. Batcha, 40, said his monthly salary of $250 was more than twice what he could make back home in an Indian fishing village. He had built a house, given his sister a dowry of $2,500, allowing her to marry, and sent his children to a private, English-speaking school. “If strikes are made legal, the company will lose money, and eventually we’ll lose our jobs,” he said.

Then with his eyes heavy at 9:30 p.m., Mr. Batcha excused himself. An alarm would sound in six hours and he was eager for sleep.

Monday, July 16, 2007

New Populism Is Spurring Democrats on the Economy

By ROBIN TONER

WASHINGTON, July 15 — On Capitol Hill and on the presidential campaign trail, Democrats are increasingly moving toward a full-throated populist critique of the current economy.

Clearly influenced by some of their most successful candidates in last year’s Congressional elections, Democrats are talking more and more about the anemic growth in American wages and the negative effects of trade and a globalized economy on American jobs and communities. They deplore what they call a growing gap between the middle class, which is struggling to adjust to a changing job market, and the affluent elites who have prospered in the new economy. Senator Hillary Rodham Clinton, Democrat of New York, calls it “trickle-down economics without the trickle.”

Populism is hardly new in the Democratic Party. Al Gore vowed to fight for “the people versus the powerful” in his presidential campaign seven years ago, and Republicans have long accused the Democrats of practicing “class warfare.”

But the latest populist resurgence is deeply rooted in a view that current economic conditions are difficult and deteriorating for many people, analysts say, and it is now framing debates over tax policy, education, trade, energy and health care. Last week, Senate Democrats held hearings on proposals to raise taxes on some of the highest fliers on Wall Street, the people at the top of private equity and hedge fund firms.

In the House, Representative Barney Frank, the Massachusetts Democrat who is chairman of the Financial Services Committee, convened party leaders and economists for a searching discussion of “globalization, outsourcing and the American worker — what should government do?” Speaker Nancy Pelosi, Democrat of California, offered the participants some blunt marching orders: “The American people want to know what we’re doing about their economic security.”

Their language, and to some degree their proposals, reflect a striking contrast with the approach taken by Democrats during much of the 1990s, when President Bill Clinton asserted that trade would create American jobs and that paying attention to the concerns of Wall Street would help the economy by lowering interest rates. The more populist tone is one indication of a broader debate among Democrats over economic policy and how much they should break with the careful centrism of the Clinton years embodied by Robert E. Rubin, the former treasury secretary, who was a champion of free trade and cutting deficits.

So far, Republicans have, by and large, stuck by their free-market philosophy. They point to a rebounding stock market, declining deficits and steady if unspectacular economic expansion as evidence that conservative policies of tax cutting, less regulation and more trade are working.

But Democrats say they are responding to economic trends that the statistics in the headlines do not capture, including middle-class insecurity about jobs, the affordability of health insurance and the costs of education. The times have changed, these Democrats argue, and six years of Republican tax and economic policies have heightened the inequities.

Even as Mrs. Clinton has sought to associate herself with the economic growth of her husband’s administration, she, like other Democratic presidential candidates, has been expressing a sharp skepticism toward trade and globalization under President Bush. In recent weeks she has announced her opposition to the proposed South Korean Free Trade Agreement and denounced globalization that “is working only for a few of us.” She accepted the endorsement of former Representative Richard A. Gephardt, who spent much of his political career fighting what he asserted were unfair trade agreements.

And Mrs. Clinton has increasingly focused on “rising inequality and rising pessimism in our work force,” and suggested that another progressive era is — and ought to be — at hand.

Former Senator John Edwards, another Democratic candidate, staked out similar positions months ago and regularly notes that in the last 20 years, “about half of America’s economic growth has gone to the top 1 percent.” Mr. Edwards praises recent efforts to raise taxes on private equity and hedge funds. His campaign manager, former Representative David E. Bonior, notes that Mr. Edwards has been sounding these themes since his first presidential campaign in 2004.

“John Edwards was there at the beginning of this,” Mr. Bonior said.

While campaigning in Iowa last week, Senator Barack Obama, Democrat of Illinois, suggested that even those who followed the standard advice for coping with a globalized economy — get more education for higher-skilled jobs — were losing out.

“People were told, you’ve got to be trained for high-tech jobs,” Mr. Obama said, “and then it turned out that some of those high-tech jobs were being outsourced. And people were told, now you need to train for service jobs. And then it turned out the call centers were moving overseas.”

It is not unusual for candidates seeking the Democratic presidential nomination to move left in the primary season; Mr. Clinton himself touched on some of these populist themes in his 1992 campaign. But all the major Democratic candidates for president are promising to use government to ease the insecurity of the middle class, on issues like education and health care.

Sixteen months before the election, with their domestic platforms being formed, these candidates are proposing, for example, to let the Bush tax cuts expire for the most affluent Americans and, in some cases, redirect that money to expanded health care. On the campaign trail and in Congress, Democrats are also talking about expanding assistance for college and help for workers who lose their jobs to cheaper labor abroad.

Democrats have also been pushing for legislation that would allow the federal government to negotiate drug prices for Medicare with the pharmaceutical industry, a favorite target of the economic populists.

Democratic leaders say that unless Congress restores the confidence of the middle class, it will be hard to sell Americans on more trade or even an immigration overhaul.

“I don’t think we’ll be able to do trade agreements, immigration reforms or any of these other kinds of reforms,” Ms. Pelosi said, “until we present a positive, aggressive economic agenda to the American people — until they know where they stand, now and in the future.”

Representative George Miller, the California Democrat who is chairman of the Committee on Education and Labor, said, “Trade may not be the reason, or the number one reason, they’re losing their jobs, but they think it is.”

Democratic leaders in the House recently announced that their legislative priorities did not include the renewal of the president’s “fast track” authority to negotiate new trade agreements, which expired this month. First, they said, they want to find ways “to expand the benefits of globalization to all Americans.”

There is anxiety on both left and right of the Democratic Party about this new populism. Many on the left worry that the Democratic establishment is merely paying lip service. They are skeptical about the party leaders’ loyalties, noting that many rely on huge contributions from Wall Street, and many have a long commitment to a free-trade agenda. Democratic leaders have, in fact, tried to advance some trade agreements this year, only to meet with substantial resistance within their caucus. Many of the new populists also see the Democratic establishment as far too cautious in confronting what they see as broad inequities in the tax code.

At the same time, centrist Democrats, like those at the research group the Third Way, worry that the party is veering left away from the optimistic, pro-growth, business-friendly policies that Mr. Clinton championed.

But many Democrats argue that this is an inevitable response to the dislocation and unease in much of the country, which was a crucial factor in the party’s victory in Congress last November. The case for populism is made most powerfully by the Democrats who were elected to Congress last fall. Senator Sherrod Brown of Ohio, who defeated a Republican incumbent with an attack on the trade and economic policies of recent years, said he was convinced that the populists were on the rise. He noted that he carried Ohio by 12.5 percentage points two years after John Kerry, the 2004 Democratic presidential nominee, lost the state by only about 2 percentage points, and with it the presidency.

“That’s because of the economic populist message,” Mr. Brown said. “They voted minimum wage, they voted trade, they voted student loans, they voted health care and prescription drugs, over what their traditional conservative social values might suggest. And that’s the route to winning Ohio for Hillary or Barack or anybody else.”

Even Representative Rahm Emanuel of Illinois, who is viewed as far too much of an establishment, free-trade Clintonian by many populists, says the party must respond. “The party that deals with globalization and economic security will win,” Mr. Emanuel said.

Wednesday, July 11, 2007

Congress Set to Tighten Scrutiny of Foreign Deals

Wall Street Journal
By GREG HITT
July 11, 2007; Page A8

WASHINGTON -- More than a year after Dubai Ports World sparked a big political fight on Capitol Hill, the Democratic-led Congress is close to winding up action on legislation that tightens U.S. scrutiny of foreign investments.

In an era of high partisanship, action on the bill, which is expected to win final approval today, shows Democrats and Republicans can work together on an issue of wide concern to many U.S. businesses. The legislation tightens the federal regimen for reviewing deals and provides for greater scrutiny of transactions led by foreign government-controlled entities.

It also makes the once-shadowy U.S. review process more transparent. Business ultimately embraced the changes as a way to allay concerns abroad that the U.S. had become a riskier destination for foreign capital following the DP World debacle.

"It's important for Congress to show that we haven't decided to secede from the world," House Financial Services Chairman Barney Frank said. The Massachusetts Democrat worked closely on the legislation with former Commerce Secretary Donald Evans, a close friend of President Bush who is now head of the Financial Services Forum, the influential trade group. "We're hanging out the welcome sign for foreign investment," Mr. Frank said.

But while the measure has moved through Congress with wide bipartisan support, enactment of the bill won't do much to stem concern among some Americans about globalization. Those worries stoked opposition to Mr. Bush's proposed immigration overhaul, which would have provided a pathway to citizenship for millions of undocumented workers in the U.S.

The concerns have cast doubt on the fate of free-trade deals coveted by the White House. And they are almost certain to touch off a fresh fight over foreign investment, especially if a U.S. company of strategic significance, such as an energy or transportation firm, is the target of an unwanted offer from abroad.

"In any contested takeover, this card would be played," said Gary Hufbauer, senior fellow at the Peterson Institute for International Economics, recalling a 2005 fight in Congress over a Chinese government-owned company's attempted acquisition of a U.S. oil company.

The legislation was launched after DP World, owned by the government of Dubai, in the United Arab Emirates, moved to acquire control of several U.S. port operations, as part of a global deal. After conducting a standard 30-day review, the Bush administration approved the acquisition. But lawmakers in both parties raised alarms at the notion of giving an Arab company a foothold in U.S. port operations. Amid the hue and cry, DP World agreed to sell off its U.S. holdings.

In one response to the administration's handling of DP World, the legislation requires the government to conduct an extended, 45-day probe of most deals involving foreign government-owned companies. The legislation also requires greater disclosure to Congress of the operations of the Committee on Foreign Investment in the U.S., the government panel that reviews the security aspects of overseas deals.

The House and Senate approved broadly similar bills earlier this year. But in an effort to speed action, the House decided against pursuing negotiations with the Senate on a compromise package. Instead, the House yesterday took up the Senate measure, formally debating the bill but deferring a final vote until today, in part because inclement weather delayed the return of some lawmakers to Washington. Final House approval of the bill would send the measure to the White House for the president's expected signature.

Among other provisions, the legislation requires senior-level approval of all deals and carves a formal role for the intelligence community in investment reviews. The measure also expands the range of transactions subject to potential review, requiring consideration of deals involving critical infrastructure, such as power plants and toll roads.

Chinese applaud ex-official's execution

The former head of food and drug safety was convicted of taking bribes, which in some cases involved approving lethal products.
By Mark Magnier
Times Staff Writer

July 11, 2007

BEIJING — The heightened anger and fear felt by average Chinese over the safety of food ingredients, medicine and other consumer products were vividly on display here Tuesday after the execution of the former head of China's food and drug safety agency.

Within hours of an announcement that Zheng Xiaoyu, 62, had been put to death for taking bribes from pharmaceutical companies, China's Internet lighted up.

"Good job!" said an anonymous posting on Sina.com, a major Chinese Web portal.

"He deserves it," said another, writing under the moniker Lgzxm2005.

"We can't even count how many people Zheng has killed," chimed in a third.

In China's one-party state, with its nascent legal system and heightened concern for social stability, justice can be swift, particularly in highly political cases. Zheng, who headed the State Food and Drug Administration from 1998 to 2005, was convicted in late May of taking bribes, granted an appeal in June and executed in early July.

Details on how the sentence was carried out were not immediately available. In recent years, China has made greater use of lethal injection, sometimes undertaken in mobile execution vans, reducing its traditional use of a bullet to the back of the head. Executions are traditionally carried out at 10 a.m. by the People's Armed Police.

"It was decided by the Politburo, so what can I say?" said a law professor who declined to be identified, citing his links with the government. "This case is very sensitive. Nor is it unusual in China to execute a person in short order."

Yet even by Chinese standards, Zheng's punishment was harsh, reflecting a wellspring of anger among Chinese concerning their health and the growing international fallout.

In recent months, a series of safety scandals have tarnished the nation's export juggernaut and threatened to undermine the "Made in China" label abroad.

Zheng was convicted of taking bribes worth about $850,000 and dereliction of duty. During his tenure, the administration reportedly approved six medicines that turned out to be fake, including an antibiotic blamed for at least 10 deaths in China.

In North America, authorities this year have blocked or recalled toxic seafood, juice made with unsafe color additives and toys coated with lead paint imported from China.

This followed the death of several dogs and cats last year who ate pet food containing Chinese wheat gluten tainted with the chemical melamine, a fire retardant.

In Panama last year, dozens of people died after ingesting medicine contaminated with highly toxic diethylene glycol, an ingredient in brake fluid, that originated in China and was confused with harmless glycerin.

Counterfeit Colgate toothpaste containing traces of the same liquid was found on store shelves in New York, New Jersey, Pennsylvania and Maryland. No deaths have been reported from the counterfeit toothpaste.

Though other countries, including the United States, use the death penalty, China has come under growing criticism for its wholesale use, particularly involving economic crimes such as tax evasion and corruption.

Beijing recently narrowed its use of the death penalty. But it still carries out more state-sanctioned executions than all other nations combined.

"Abolishing the death penalty is a goal for China's legal future, but realistically I don't expect it to happen in my lifetime," said Qian Lieyang, a Beijing-based attorney who has represented defendants in several high-profile death penalty cases. "In Zheng's case, it's not just the amount of money involved, it's also the circumstances."

Yet the Chinese Communist Party walks a fine line. Even as it tries to appease millions of angry citizens with Zheng's rapid execution, it faces an uphill battle portraying his brand of corruption as the exception rather than the rule.

"The few corrupt officials of the [State Food and Drug Administration] are the shame of the whole system," said Yan Jiangyang, a spokesman at the agency. "Their scandals have revealed some very serious problems."

China's propaganda ministry has sought to focus public anger at a relatively narrow target — Zheng and a small number of colleagues — but it hasn't taken long for some people to demand similar treatment for other offenders. "Our country will have no peace unless corrupt officials are killed," said an anonymous posting on Sina. "We should kill more!"

"Corrupt officials are like leeks in the field," said another on Sohu.com, by a writer identified as "Common Man." "We cut a bunch, more come out. Even if we killed every second official in China, nobody innocent would die by mistake."

Also discomfiting for the leadership is that Zheng, on the surface, represented just the type of official the party has sought to showcase, the product of an elite education who rose rapidly through government ranks and received broad exposure to Western practices.

After graduating from Shanghai's vaunted Fudan University, Zheng joined the Communist Party in 1979, held a series of jobs in the pharmaceutical industry, became a regulator and served as a delegate to the National People's Congress.

"He had the qualifications of an up-and-coming cadre," said Joseph Cheng, a political science professor at the City University of Hong Kong. "Yet he still fell prey to the path of corruption. That's a big concern for the party."

Some now question why it so often takes a major scandal for the system to police itself. "How did a corrupt official like Zheng remain in power so long?" read a comment on Sohu from Gaojh4508.

A January profile in China's Business Weekly magazine paints a portrait of Zheng as a complex figure who didn't seem to care much about money yet made no secret of his willingness to accept it in large quantities, perhaps as a testament to his power. According to the article, Zheng received up to $25,000 for attending receptions held by a pharmaceutical company he regulated.

He was also characterized as something of a gentleman and a lover of calligraphy, who used to tell reporters: "Money can buy books but it can't buy wisdom."

Another official quoted anonymously in the article termed him "a womanizer, corrupt and manipulating; he didn't supervise his people but loved to take credit for himself," and a report in China Business News describes Zheng's wife as controlling and "well-versed in using Zheng's money."

As thousands of comments poured in Tuesday after the morning execution, there was no shortage of advice for the Communist Party on handling the case.

Some said Zheng should have been force-fed the medicine he approved, and others wanted his execution carried live on national television.

"I'm just worried all these scandals will hurt China's reputation overseas and foreigners won't want to buy our products," said Zhao Lingchen, a 27-year-old marketing employee. "It's like being bitten by a snake and being afraid of a rope for the next 10 years."

--

mark.magnier@latimes.com

Yin Lijin of The Times' Beijing Bureau contributed to this report.

Monday, July 02, 2007

The Growing Dangers of China Trade

By Jyoti Thottam

On a warm Friday afternoon in June, about 50,000 boxes of toothpaste got their last squeeze inside an industrial trash compactor in Homestead, Fla. They were yanked from the shelves of discount stores and bathroom cabinets after a nationwide recall warned that the toothpaste contained a chemical, diethylene glycol, that could lead to kidney failure. Francisco Botta, who distributed the toothpaste for his family's wholesale business in Miami, stocked his warehouse bathroom with the stuff. "I used it every day," he says. "I told everybody to stop."

Like so many other things that Americans buy these days without thinking, those tubes of Dr. Cool, Superdent and Everfresh Smile2 began their life in a factory in China --in this case, in Wuxi, a city of 4.5 million about 80 miles west of Shanghai. They were sold by Goldcredit International Enterprises, which is based in a gated community called Lakebank Elegant Garden, within sight of China's Taihu Lake. It makes not just toothpaste but also pencil sharpeners and balloons, hand sanitizer and toothbrushes. "What we exported is in line with the Chinese-government standards," Goldcredit business manager Shi Jun says about the toothpaste. Adds manager Hu Keyu: "The Chinese government already issued a statement. What more do you want from us?"

Would a nontoxic dentifrice be asking too much? On the 8,000-mile journey between Wuxi and Homestead, Goldcredit's products move, in effect, through time. When a product made in China enters the U.S., it arrives with a kind of unfettered capitalism that hasn't existed in America for a century--uninhibited by regulation, lawsuits or, until recently, public outrage. It's difficult even for a businessman who tries to follow the rules. "You go to China, you check the place out, check the quality of the products," Botta says. But after the recall--of a product labeled safe in China--he is wary. He saw a big candy factory while he was in Wuxi. "I wouldn't buy that," he says. But he'll continue importing school supplies and shower curtains.

It's the same calculation that millions of American consumers are making since the recent recalls of deadly pet food, lead-paint-tainted toy trains and shredding tires made in China. The U.S. imported 40% of its consumer goods from China last year. But there is no practical way to gauge, other than by reputation, whether a Chinese import is as safe as it is cheap. So should you worry more about the extension cords or the TV? Screen the kids' toys but not their shoes? Until China's capitalism develops its own set of rules and limits, is that our only option in a made-in-China world?

Every time a federal agency recalls a Chinese product--as the National Highway Traffic Safety Administration ordered June 26 with nearly 450,000 tires--consumers get jolted with concern but also relief that someone is paying attention. Yet the volume of imports from China is straining the capacity of U.S. regulators to watch them, and those goods are overwhelming China's efforts to reform the eight disparate agencies that regulate its consumer products.

More than 40% of recalls by the U.S. Consumer Product Safety Commission, including all the toys recalled this year and 79% of toys last year, involved products from China. The volume of consumer goods from China has nearly tripled since 1997, but the agency's budget has increased just 12%, to $62 million, over the past five years. "There's no question it's strapped," says Eric Rubel, a former general counsel to the commission.

The U.S. Food and Drug Administration (FDA) is also struggling to keep up. Shipments of FDA-regulated goods from China have jumped fourfold over the past decade, according to the Congressional Research Service. But the FDA has only 1,317 field investigators for 320 ports of entry. The agency inspects just 0.7% of all imports under its purview, half of what it did 10 years ago. We've dropped our guard.

Sure, it would be great if the FDA could stamp every import with its seal of approval the way the Department of Agriculture does: meat, poultry and eggs can't be imported without meeting its standards. But David Acheson, who was appointed the FDA's assistant commissioner for food protection after the recall of tainted pet food in March, says that kind of monitoring for 16 million shipments of everything from cough syrup to toothpaste would be "too complex and cumbersome."

So instead the FDA saves its fire for the high-risk goods that have caused health problems. That's what happened in early June with Chinese-made toothpaste. Following 100 deaths in Panama linked to cough syrup containing diethylene glycol (the ingredient had been mislabeled as glycerin, which is harmless), the FDA issued an import alert on all toothpaste made in China, tested the tubes it could find for the toxin and recalled the questionable batches. "Obviously it's not possible for us to test every product that is coming in to make sure it's meeting every standard we have," Acheson says. "It's got to be based on risk."

That's an efficient use of resources, but it makes the FDA a "tombstone" agency: nothing happens unless someone dies. "Consumers are the canary in the coal mine for this system," says Caroline Smith DeWaal of the Center for Science in the Public Interest. "That's not what a government program should do. It should anticipate and prevent problems."

Doing that, of course, would require improving China's food and product safety at the source. "We'd rather have the products manufactured safely in the first place," says acting Consumer Product Safety Commission chairman Nancy Nord. Despite our buying power, the U.S. government simply has very little leverage to impose new restrictions on Chinese goods, in part because it is lobbying China to open up its markets to U.S. goods. "This can't be the Federal Government's responsibility," says Pietra Rivoli, a professor at Georgetown's business school and author of the book The Travels of a T-Shirt in the Global Economy. Rivoli says U.S. companies that use Chinese factories ought to view the risk of importing a dangerous product just like any other business risk. "It's really the responsibility of the importing companies. How many of them want to take on the reputational risk of children dying?"

Large global corporations have, for the most part, assumed that responsibility. Nike, the athletic-apparel company, sources 78 million shoes from contract manufacturers in China and requires them, in writing, to meet Nike's standards, says spokesman Alan Marks. When the company recently decided to reduce its environmental impact by using a water-based adhesive in its shoes, Nike added layers of checks to make sure its contractors followed the new specs. Nike's product specialists developed a list of banned substances; there is systematic monitoring in the factory and quality control of the finished products. In some industries, like electronics, manufacturers pay outside-testing outfits such as Underwriters Laboratories (UL) to fill that role. UL has been testing products like extension cords from Chinese companies for the U.S. market for almost 30 years.

This kind of monitoring isn't cheap--just check the price on a pair of Nikes--and it isn't infallible. "No factory is perfect all the time," Marks says. If even a giant like Nike can't expect full compliance, what can consumers expect from smaller importers who can't afford full-time monitoring in China? Or from the discount stores that buy in bulk, sometimes without even a manufacturer's name on the products they sell? "Too many people don't have a clear understanding of what they are buying," says Benoit Rossignol, head of Shanghai-based Shiyao Investment Ltd., which advises companies doing business in China. "You have a responsibility for your end users."

Or you answer to the tort lawyers. In many states, every link in the chain that brings an unreasonably dangerous product to the U.S. is potentially liable for the damage it causes. "It's not a defense to say, I was just a distributor," says Jonathan Bunge, a partner at the law firm Kirkland & Ellis in Chicago. Foreign Tire Sales, the company that imported the recalled tires from Hangzhou Zhongce Rubber, is named in a lawsuit over a fatal crash involving the tires.

No U.S. company goes to China to play watchdog, but that role is getting more important--and much more difficult--as the U.S. depends increasingly on China for what it eats. Manufacturing powered China's economic revolution, and the Chinese government is pushing hard for farming to follow suit. The Communist Party wants to keep the countryside from falling too far behind the booming coastal cities. One answer is the farm sector, which generated $31 billion worth of exports last year, up from $13 billion in 1994.

As its global food exports ramp up, China is raising food-safety standards, but enforcement is another issue. China has a population of 200 million small farmers--an astounding number--and they "want to increase quantity, not quality, so they use more chemical fertilizer and pesticide," says Hu Dinghuan, a professor at the Chinese Academy of Agricultural Sciences in Beijing. "The government says the worst pesticides are banned, but actually farmers can still buy them, and they do use them."

Smart companies like the French retailer Carrefour reach back to the farmer in his field. "We select the best suppliers and train them to our standards--which pesticides they can use, how much to use and so on," says Nadege Claudel, Carrefour's quality and food-safety manager for China. For produce sold under its in-house brand, Carrefour has replicated its European tracking system, which labels every vegetable with a number that follows it from harvest to shelf--and adds 20% to the price.

Claudel's two years in China have turned her into an optimist. The pomelos she sources from Fujian, once sold only domestically, are now sold in Europe. "I really believe that things are getting better," she says. China's Agriculture Ministry is working with retailers to build a tracking system so that supermarkets can determine responsibility for contaminated food. But more than 80% of China's vegetables are sold in open markets, where accountability is as perishable as the tomatoes.

The real test of China's progress won't be whether it can produce more rules or testing labs, lawsuits or tracking systems. It's whether Chinese consumers will demand--and receive--the same assurance of safety that Western consumers do. David Zweig, a scholar at the Hong Kong University of Science and Technology, compares China's brand of capitalism to the Wild West. It's an apt analogy. In late 19th century America, snake-oil salesmen were stock characters of the western frontier. They became notorious for their dangerous, counterfeit cure-alls, and there were no laws to stop them. By 1906, Americans had had enough bad medicine, and Congress passed the Pure Food and Drug Act, which led to the creation of the FDA.

Bureaucracy, corruption and lack of a free press are huge obstacles to a similar change in China, but there are some encouraging signs. In 2004 the deaths of 13 babies who were fed adulterated milk powder touched off a national furor. The state-run broadcaster CCTV airs a popular weekly program on food-safety scandals. China's leaders, says Zweig, "know that Chinese people have this sense that they deserve better." The World's Factory After a series of product recalls, from pet food to tires, American regulators are paying more attention to the goods exported to the U.S. from China, which have surged over the past decade to more than $200 billion. How the U.S. stacks up against China's other big trading partners [This article consists of a complex diagram. Please see hardcopy of magazine.] WHO BUYS CHINESE GOODS The U.S. Accounts for one-fifth of all Chinese exports. China's top export destinations, 2006 All figures in billions The Netherlands $30.8 Germany $40.3 Britain $24.2 France $13.9 Spain $11.5 Italy $15.9 U.A.E. $11.4 India $14.6 Singapore $23.2 Malaysia $13.5 Australia $13.6 Hong Kong $155.4 Taiwan $20.7 Japan $91.7 South Korea $44.5 Russia $15.8 Note: China figures do not include Hong Kong

With reporting by With Reporting by Simon Elegant / Beijing, Kathleen Kingsbury / Hong Kong, Austin Ramzy / Wuxi, Michael Weisskopf / Washington, Reported by Maximilian Moehlmann

Schumer Wants More Scrutiny of Imports

Schumer Wants More Scrutiny of Imports
Senator Calls for New Federal Regulator, Citing Recent Recalls of Chinese-Made Goods

By Xiyun Yang
Washington Post Staff Writer
Monday, July 2, 2007; A05

Sen. Charles E. Schumer (D-N.Y.) called yesterday for the creation of a federal import czar, blaming problems with the safety and quality of Chinese imports on unexacting inspections and a bureaucratic morass.

"Neither the Chinese or American government is doing their job," he said in a telephone interview. He criticized the Bush administration for cutting funds that regulatory agencies need to carry out proper inspections.

Chinese imports have been the subject of a flurry of consumer recalls in recent months. In April, tainted ingredients from China resulted in the largest pet food recall in U.S. history, and 1.5 million Chinese-made toys were recalled when lead was discovered in the paint. More than two dozen Chinese-made toothpaste brands laced with a poisonous chemical have been banned by the Food and Drug Administration. The National Highway and Traffic Safety Administration is advising a recall of up to 450,000 tires made by one of the largest Chinese tire manufacturers. Last week, the FDA banned five types of Chinese seafood.

"The Chinese system of regulations is where we were in 1890," Schumer said, adding that rigorous inspections at the U.S. border must make up for any weakness in foreign regulations.

Housed under the Commerce Department, an import czar would oversee inspections and all other aspects of import consumer safety, Schumer said. The czar would also issue public reports on problems U.S. agencies encounter in monitoring imports.

Current regulations spread the policing of imports and recalls among many agencies, including the FDA, U.S. Customs and Border Protection, and the federal Consumer Product Safety Commission.

FDA documents illustrate the size of the task facing inspectors and the limits on their effectiveness. Budget cuts have reduced the number of inspectors at ports of entry, who are able to inspect less than 1 percent of imports. Yet the agency refused 298 food shipments from China in the first four months of 2007, compared with 56 shipments rejected from Canada. FDA records also indicate that Chinese imports are often returned to manufacturers, who try to re-export the goods to the United States.

But analysts warn that regulatory changes could choke U.S. access to the Chinese market. U.S. reliance on Chinese-made food and manufactured goods has risen to the point where the U.S. trade deficit with China was at $232 billion last year. New regulations would also be difficult to implement, analysts say, because that reliance now extends not only to finished goods such as tires but also to food ingredients and additives. China produces 80 percent of the world's ascorbic acid, also known as Vitamin C and used as a common preservative in processed foods.

Though the Chinese government has responded with indignation to the bans by the FDA, it also acknowledges that the problems are systemic. China has shut down 180 food plants, citing safety and health violations.

"These are not isolated cases," Han Yi, an official with China's General Administration of Quality Supervision, Inspection and Quarantine said at a news conference last week, according to state media reports. While government officials have called the seafood ban "unacceptable," they concede that measures have been taken to remedy the situation, according to a statement on the agency's Web site.

Four Trade Deals Await Action on Hill as Fast-Track Authority Lapses

By Victoria McGrane, CQ Staff

Although President Bush’s fast-track trade negotiating authority has lapsed, four bilateral trade deals completed before the June 30 expiration could still take effect if approved by Congress.

The administration signed a free trade agreement on June 30 with South Korea, meaning that deal, and three other pending agreements, still can be considered by Congress under the fast-track rules even though the authority (PL 107-210) now has expired.

With its trade agenda stalled after the Democratic takeover of Congress in 2006, the the administration earlier this year negotiated a deal with Democrats to include labor and environmental standards in the pending pacts with Peru, Panama, Colombia and South Korea in hopes of allowing those pacts to advance under fast-track.

None of the trade deals has been formally submitted to Congress yet. Congress can vote up or down on trade deals negotiated under fast track, but cannot amend them.

The administration signed the final terms of the deal with Panama on June 28, a day after the Peruvian legislature approved changes to the pending agreement with that nation.

As the fast-track expiration approached, the administration worked out changes to the South Korea pact that led to the June 30 signing of that deal. Separate talks produced a similar agreement on changes to the Colombia pact.

The agreements with Peru and Panama are expected to pass, but the fate of the more controversial deals with Colombia and South Korea remains uncertain.

The South Korea deal faces skepticism among congressional Democrats, who say the agreement does not do enough to open South Korea’s markets to U.S. autos. Critics also object to the country’s ban on U.S. beef, but experts expect the government to lift that restriction before congressional consideration of the trade pact.

“I believe that between now and when the Congress votes on the [free trade agreement], with the help of all of you in this room, Congress will come to understand the details and learn just how compelling a deal it is,” U.S. Trade Representative Susan C. Schwab said at the pact’s signing on June 30.

The Korea pact will likely be the last of the four deals Congress considers. Some trade watchers predict that the pact’s implementing legislation won’t be submitted to Congress until after the 2008 elections.

The timing of a vote on the Colombian deal remains in question as well. The administration would like Congress to consider it after the Peru deal’s implementing legislation, which could come up as early as this month. But many Democrats oppose the Colombian agreement because of the violence in that country toward union leaders. As a result congressional leaders currently oppose the agreement.

“We believe there must first be concrete evidence of sustained results on the ground in Colombia, and members of Congress will continue working with all interested parties to help achieve this end before consideration of any [free trade agreement],” Speaker Nancy Pelosi, D-Calif.; House Majority Leader Steny H. Hoyer, D-Md., House Ways and Means Chairman Charles B. Rangel, D-N.Y.., and Trade Subcommittee Chairman Sander M. Levin, D-Mich., said in a statement June 29. “Consequently, we cannot support the Colombia [agreement] at this time.”

Better and Better: The Myth of Inevitable Progress

By James Surowiecki

From Foreign Affairs, July/August 2007

The Improving State of the World: Why We're Living Longer, Healthier, More Comfortable Lives on a Cleaner Planet. . Indur M. Goklany. : Cato Institute, 2007, 516 pp.$29.95

"Day by day, in every way, I am getting better and better." That mantra, invented by the self-taught psychologist Émile Coué in the nineteenth century, kept running through my head as I read Indur Goklany's new book on the relationship between economic growth and human and environmental progress, The Improving State of the World. Just as Coué told his patients that incessant repetition of his mantra would make it come true, Goklany seems to believe that saying often enough -- and in enough different ways -- that life today is better than ever will make it so.

Goklany depicts a global economy in which nearly all signs are positive -- and in which the problems that do exist, such as stagnation or setbacks in sub-Saharan Africa and the former Soviet Union, will be solved if economic growth and technological improvements are allowed to work their magic. Nor is this, in Goklany's account, a new phenomenon. He marshals an impressive array of historical data to argue that the trajectory of the twentieth century has been generally upward and onward. Taken as a whole, Goklany argues, humanity really has been getting better and better day by day, so that today, as his subtitle puts it, "we're living longer, healthier, more comfortable lives on a cleaner planet."

Seen from a broad historical perspective, this description is, for most people, accurate enough. Just about everyone living today is the beneficiary of what can almost certainly be called the single most consequential development in human history -- namely, the onset of industrialization. As the economic historian Angus Maddison has shown in a series of studies of economic development over the past two millennia, human economies grew very little, if at all, for most of human history. Between 1000 and 1820 or so, Maddison estimates, annual economic growth was around 0.05 percent a year -- which meant that living standards improved incredibly slowly and that people living in 1800 were only mildly better off than people living in 1000. But sometime around 1820, that all began to change. Between 1820 and today, world per capita real income grew 20 times as fast as it did in the previous eight centuries.

In the West, above all, the effects of this transformation have been so massive as to be practically unfathomable. Real income, life expectancy, literacy and education rates, and food consumption have soared, while infant mortality, hours worked, and food prices have plummeted. And although the West has been the biggest beneficiary of these changes, the diffusion of technology, medicine, and agricultural techniques has meant that developing countries have enjoyed dramatic improvements in what the United Nations calls "human development indicators," even if most of their citizens remain poor. One consequence of this is that people at a given income level today are likely to be healthier and to live longer than people at the same income level did 40 or 50 years ago.

In one sense, all of this should be obvious, since a moment's thought -- or a quick read of a nineteenth-century novel -- should suffice to remind you of how much better, at least in material terms, life is today than it was a century ago, let alone in the 1600s. But as behavioral economists have persuasively demonstrated, human beings quickly adapt to their surroundings and come to take their current state of affairs for granted. In other words, it is difficult, even after your life has changed dramatically for the better, to remain aware of just how much better it is, and even harder to truly appreciate how much better you have it than your great-grandparents did. So part of Goklany's project here -- and it is a valuable part -- is to make clear just how much real progress there has been over the past two centuries and even (in many places) over the past two decades in the life of the average human being.

THE ANTI-MALTHUS

Goklany's target is not just the natural tendency of human beings to take things for granted. His real opponents are what he calls the "neo-Malthusians" -- those who are convinced that there are natural limits to growth and that humanity has been butting up against them for quite some time now. The neo-Malthusians had their heyday in the 1960s and early 1970s, with works such as Paul Ehrlich's The Population Bomb and the Club of Rome's appropriately titled The Limits to Growth. Although their doomsaying about population growth and industrialization is no longer front-page news, their deep-seated skepticism about the virtues of economic growth and their conviction that the richer people get, the worse things become for the earth remain an important strand of modern environmentalism. If Goklany sees progress everywhere he looks, the neo-Malthusians see impending disaster: air pollution, the disappearance of habitats, the emptying of aquifers, the demolition of forest cover, and the proliferation of new diseases. Day by day, in every way, in other words, we are getting worse and worse.

The problem with neo-Malthusianism, as Goklany appropriately suggests, is that it has consistently underestimated the beneficial effects of technological change. The e = mc2 of the neo-Malthusians was introduced three decades ago, when Paul Ehrlich and John Holdren invented the equation I = PAT. Environmental impact (I) was said to be the product of population size (P), level of affluence (A), and technological efficiency (T). According to this logic, not only are population growth and economic growth bad for the earth, but so, too, is technological change, since it has a multiplier effect on the other two factors. The only way to save the planet, from the neo-Malthusians' perspective, is to set strict limits on human behavior, doing everything possible to rein in businesses and consumers.

The I = PAT formula was not pulled completely out of thin air. As societies get richer and more populous, they do consume more resources, and, especially in the early phases of economic growth, they do so with a measure of indifference to the overall impact on the environment. But what the equation misses, and what Goklany spends a good chunk of his book demonstrating, is that technology can actually reduce environmental impact, thereby diminishing the demands made by affluence and population growth. A classic example of this effect is the massive expansion in the efficiency of agricultural productivity over the past 40 years. Productivity gains have dramatically reduced the environmental burden of farming (at least on the land -- there have not been similar advances in the efficient use of water) and shrunk the amount of land needed to feed the world. More recently, technological improvements in the scrubbing of power-plant smokestacks have brought about a sharp reduction in the amount of sulfur dioxide in the air. Improvements in the efficiency of wind and solar power have reduced (albeit only a little) the demand for fossil fuels. And although the impact of these innovations has been felt most strongly in the developed world, they have also improved conditions in the developing world, at least with regard to things such as access to clean water and some types of air emissions. Goklany may be exaggerating somewhat when he says that the entire planet -- as opposed to just the developed world -- is cleaner, but it is in fact not an outrageous claim.

The paradox here is that technological change is generally associated with (or is actually the result of) increased affluence, which makes it likely that an economy will get cleaner even as it gets richer. And empirically, that does seem to be the case. After all, developed countries do generally have cleaner air, cleaner water, more forest cover, and less cropland devoted to food production than developing countries do, even though the latter are much poorer. The obvious, and important, exception is CO2 emissions and the broader problem of climate change. But Goklany -- who spends too much of his book offering an overly familiar critique of excessive action in response to global warming -- argues that now that Americans are increasingly concerned about climate change, technology will soon help mitigate the problem.

All of this does not mean that the United States is less polluted than it was in 1787, let alone than it was when it was inhabited only by Native Americans. But it does mean that the United States is arguably less polluted today than at any time in the last 100 years and that the last 40 years or so, in particular, have seen a dramatic improvement in the quality of air and water. And the same is true, to lesser and greater extents, in the rest of the developed world. One hypothesis for why this has historically occurred is demonstrated by what is called the environmental Kuznets curve (EKC). When graphed, the relationship between prosperity and environmental degradation looks like an upside-down U. Initially, as countries grow, they trade off environmental well-being for economic growth -- that is, as they get richer, they also get more polluted. At some point, however, they become prosperous enough to shift their priorities and begin to seek out ways to grow more cleanly. Goklany suggests a variation on the EKC, the "environmental transition hypothesis," which tries to account for time and technology as well as affluence. The invention and spread of new technologies, he suggests, make it easier and more likely for countries to get on the right side of the U-curve quickly, even before they have become rich; the "green revolution," for instance, allowed poor countries to reduce the environmental burden of farming.

FREE MARKETS, FREE PEOPLE

The environmental transition hypothesis is a reasonable way of thinking about the relationship between prosperity, technology, and people's expectations about the environment. And Goklany's rebuttal to the environmental doomsayers is both welcome and convincing. So why, then, is his overall take on the world -- and in particular on how we got to where we are and what we need to do to keep things moving in the right direction -- unsatisfying in that Couéist way? The simple answer is that Goklany's account leaves out too much that matters and pretends that incredibly complex phenomena can be explained away with a few catch phrases. In its overly sanguine and simplistic take on globalization, regulation, and the role of state and economic power, The Improving State of the World is symptomatic of what has become, in the eyes of many, a quintessentially American point of view -- a view according to which the task of creating a better world can ultimately be boiled down to the motto of the Wall Street Journal editorial page: "free markets and free people."

Free markets and free people are, to be sure, wonderful things. But what Goklany offers up in his book is a fundamentally deterministic take on the world: as countries get richer and more technologically advanced, their citizens (all, or almost all, of them) naturally get healthier and better educated, eat better, live longer, and care more about the environment. The free market, recognizing people's resulting desires, delivers the goods they want.

The environmental transition hypothesis is the most striking example of this view, since it postulates that environmental improvement happens, as it were, naturally. The reality, of course, is that the fight over environmental regulation, at least in the United States, was -- and remains -- a fierce one and that environmental skeptics and businesses have done their best to prevent regulations such as the Clean Air and Clean Water Acts from ever becoming law. It is also the case that without those regulations, the "cleaner planet" Goklany sees today would not exist. Goklany attempts the argument that air and water pollution in the United States were declining long before regulations were put into effect. Unfortunately, his own evidence shows that emissions for a host of pollutants peaked right around 1970, when the Clean Air Act was passed, or after, and myriad studies demonstrate that the United States' rivers and lakes are dramatically more swimmable and fishable today than they were before the Clean Water Act.

The point is that far from being the inevitable product of a strong economy, environmental improvement is often the result of political struggles that could very easily have gone the other way. It is also unlikely to occur in the absence of a strong state that is accountable to its citizens. Yet Goklany's entire work -- perhaps not surprisingly for someone at the libertarian Cato Institute -- is predicated on the idea that the state mostly functions as an obstacle to the benevolent workings of the market. This assumption is especially peculiar in the context of a discussion of pollution, since economic theory tells us that polluters, in the absence of regulation, have no reason to take the costs of their emissions into account. Pollution is the quintessential case of a negative externality and, accordingly, of market failure: since polluters do not pay the cost of their pollution, they will produce more than is socially optimal even if they may reduce their emissions as a byproduct of improvements in overall efficiency. The only way, ultimately, to reduce pollution is to constrain polluters to do otherwise. It is not, in other words, free-market-driven economic growth and technological change alone that make the I = PAT equation false; it is those things coupled with the right incentives, incentives that the market by itself cannot provide.

The same facile assumption that the unfettered market is the solvent for all serious problems pervades Goklany's discussion of globalization and its impact on global well-being. As Goklany points out, correctly, it is a myth that the advent of globalization has been accompanied by a rise in poverty and inequality. In fact, the percentage of the world's population that is poor has actually fallen over the past two decades (although 2.7 billion people still live on less than $2 a day). And inequality -- at least among individuals globally -- has actually declined some as well. The surprisingly persistent picture of globalization as a process whereby the developed world exploits and immiserates the developing one is just wrong.

The problem, however, is that the number of countries that have dramatically improved their standards of living in the era of globalization is surprisingly small -- and most of them are in Asia. So even if economic growth is, as it seems to be, fundamental to "the improving state of the world," we have not done a very good job of figuring out how to spread the benefits of that growth around the globe. As Goklany acknowledges, the economies of sub-Saharan Africa and the former Soviet Union have in many cases not just stopped growing but actually shrunk over the past 15 years or so. Most of Latin America has seen only trivial economic growth in the past two decades, while even Asia's "little tigers" (Indonesia, Malaysia, and Thailand) -- whose economies have grown rapidly since the 1970s -- have spent much of the past seven years recovering from the damage wrought by the 1990s Asian financial crisis. It is true that most of these countries have nonetheless seen their human development indicators improve, thanks to the diffusion of technology and health care. But outside of Asia (and a few places such as Botswana and Chile), the economic benefits of globalization have been hard to find, which is precisely why there has been such a backlash against what has come to be known as the Washington consensus. Goklany argues that it only makes sense to attack globalization if there is evidence that rich countries are getting richer on the backs of the poor. But it is not surprising that people are made unhappy by the sight of others getting richer while they stay the same or actually get poorer.

Goklany suggests one response to this critique: the problem is that there has been too little globalization, not too much, and that what governments need to do is step out of the way and let the market be free. There is no doubting the virtue of the free market as a wealth-creation machine, and it is certainly the case that in many countries bad policies (often designed to protect established interests) have discouraged entrepreneurship and scared away capital. Nonetheless, here, too, the evidence is far more ambiguous than The Improving State of the World implies. Take China and India, which together are responsible for almost all of the reduction in poverty in the world in the past two decades. They are great success stories, but when it comes to understanding what they say about how to attain economic growth, they are complicated rather than straightforward stories. China is a long way from a true free-market economy, and it has followed almost none of the rules that the Washington consensus set down. A huge number of its enterprises remain state-owned, the allocation of capital in the country remains largely determined by politics, the country's capital markets are not truly open, there are limitations on foreign ownership, the currency is not convertible, and so on. India, similarly although less dramatically, still has massive tariffs, strict legal restrictions on foreign ownership and on new businesses, and an aggressive regulatory state. The core message of Goklany's book is that economic growth and technological change are the keys to improving people's lives. But the success of China and India suggests that no one really knows how to bring these achievements about, which makes Goklany's wide-eyed optimism about the future seem misplaced.

THE NEW PRAGMATISM

What is missing from The Improving State of the World, in the end, is a sense of just how complex societies and economies really are. Paradoxically, for a book dedicated to celebrating the enormous progress the world has made in the past two decades, it does not sufficiently acknowledge just how miraculous the success of the West and Japan has been and how far from assured it is that the rest of the world will enjoy anything like it. That is not necessarily cause for pessimism -- the opponents of globalization, and the proponents of the immiseration thesis, overlook the very real improvements in everyday life that even some of the world's poorer countries have enjoyed as a result of the spread of technology via globalization. But in some important sense, Goklany's book feels like it might have been written 15 years ago, when the Washington consensus was still all the rage and when it seemed that solving the developing world's problems was just a matter of lowering trade barriers, privatizing industries, and allowing capital to flow freely. Goklany pretends to a certainty about the path to prosperity that no one, at this point, can have. The experience of the last two decades has had a chastening effect on the expectations of many of globalization's most ardent advocates -- even those in places such as the International Monetary Fund. Goklany, apparently, has remained immune.

Again, the point is not to return to the bad old days of protectionism and import-substitution industrialization. The point, rather, is that we simply know a lot less than we thought we did. Take, for instance, Chile and Botswana, two of the only non-Asian developing countries to enjoy meaningful, sustained economic growth in the past 20 years. Chile, under Augusto Pinochet, implemented many free-market reforms, and the privatization of its social security system has made it a darling of free marketeers. But a sizable portion of Chile's wealth actually comes from its copper holdings, which even Pinochet did not privatize. And Chile also limited the flow of so-called hot capital into its markets. Is it the adherence to markets or the deviations from them that account for Chile's success, or is it the combination of the two? Or is it something else entirely, something about Chilean attitudes toward time and work and entrepreneurship? The truth is no one is sure. Botswana, similarly, has followed orthodox economic policies and has a limited state and low levels of corruption, all of which presumably have something to do with its success. But Botswana also happens to have huge diamond supplies, which account for around 40 percent of its annual output. Botswana's intelligent economic policies almost certainly have helped it reap greater benefits from its natural resources (unlike the many countries that fall victim to "the resource curse"). But you can hardly hold it up as a model that other nations could follow, unless you plan to endow them with massive diamond supplies, too.

The fact that every country's experience is different does not mean that there are not deeper truths to be uncovered by looking at the experience of the world as a whole. But the truths thus far uncovered are relatively few in number and often limited in impact. So, yes, free trade is a good thing, subsidies to agriculture and official corruption are bad things, and so on. And policymakers should be aggressive in implementing those practices and policies that there is a good reason to think will work. But they also need to be cautious about taking theoretical pronouncements for reality, and they should be pragmatists rather than evangelists. After decades of misplaced certainty, it may be time to recognize the limits of our own knowledge -- at least if we want the state of the world to continue improving.