Between Impunity And Imperialism

When people pay bribes to foreign public officials, how should the law respond? This question has been debated ever since the enactment of the U.S. Foreign Corrupt Practices Act of 1977, and some of the key arguments can be traced back to Cicero in the last years of the Roman Republic and Edmund Burke in late eighteenth-century England. In recent years, the U.S. and other members of the OECD have joined forces to make anti-bribery law one of the most prominent sources of liability for firms and individuals who operate across borders. The modern regime is premised on the idea that transnational bribery is a serious problem which invariably merits a vigorous legal response. The shape of that response can be summed up in the phrase "every little bit helps," which in practice means that: prohibitions on bribery should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many agencies as possible should be involved in the enforcement process. An important challenge to the OECD paradigm, labelled here the "anti-imperialist critique," accepts that transnational bribery is a serious problem but questions the conventional responses. This book uses a series of high-profile cases to illustrate key elements of transnational bribery law in action, and analyzes the law through the lenses of both the OECD paradigm and the anti-imperialist critique. It ultimately defends a distinctively inclusive and experimentalist approach to transnational bribery law.

“Harsha Walia has played a central role in building some of North America’s most innovative, diverse, and effective new movements. That this brilliant organizer and theorist has found time to share her wisdom in this book is a tremendous gift to us all.”—Naomi Klein, author of The Shock Doctrine Undoing Border Imperialism combines academic discourse, lived experiences of displacement, and movement-based practices into an exciting new book. By reformulating immigrant rights movements within a transnational analysis of capitalism, labor exploitation, settler colonialism, state building, and racialized empire, it provides the alternative conceptual frameworks of border imperialism and decolonization. Drawing on the author’s experiences in No One Is Illegal, this work offers relevant insights for all social movement organizers on effective strategies to overcome the barriers and borders within movements in order to cultivate fierce, loving, and sustainable communities of resistance striving toward liberation. The author grounds the book in collective vision, with short contributions from over twenty organizers and writers from across North America. Harsha Walia is a South Asian activist, writer, and popular educator rooted in emancipatory movements and communities for over a decade. Praise for Undoing Border Imperialism: “Border imperialism is an apt conceptualization for capturing the politics of massive displacement due to capitalist neoglobalization. Within the wealthy countries, Canada’s No One Is Illegal is one of the most effective organizations of migrants and allies. Walia is an outstanding organizer who has done a lot of thinking and can write—not a common combination. Besides being brilliantly conceived and presented, this book is the first extended work on immigration that refuses to make First Nations sovereignty invisible.”—Roxanne Dunbar Ortiz, author of Indians of the Americas and Blood on the Border “Harsha Walia’s Undoing Border Imperialism demonstrates that geography has certainly not ended, and nor has the urge for people to stretch out our arms across borders to create our communities. One of the most rewarding things about this book is its capaciousness—astute insights that emerge out of careful organizing linked to the voices of a generation of strugglers, trying to find their own analysis to build their own movements to make this world our own. This is both a manual and a memoir, a guide to the world and a guide to the organizer's heart.”—Vijay Prashad, author of The Darker Nations: A People’s History of the Third World “This book belongs in every wannabe revolutionary’s war backpack. I addictively jumped all over its contents: a radical mixtape of ancestral wisdoms to present-day grounded organizers theorizing about their own experiences. A must for me is Walia’s decision to infuse this volume’s fight against border imperialism, white supremacy, and empire with the vulnerability of her own personal narrative. This book is a breath of fresh air and offers an urgently needed movement-based praxis. Undoing Border Imperialism is too hot to be sitting on bookshelves; it will help make the revolution.”—Ashanti Alston, Black Panther elder and former political prisoner

The pamphlet here presented to the reader was written in the spring of 1916, in Zurich. In the conditions in which I was obliged to work there I naturally suffered somewhat from a shortage of French and English literature and from a serious dearth of Russian literature. However, I made use of the principal English work on imperialism, the book by J. A. Hobson, with all the care that, in my opinion, work deserves. This pamphlet was written with an eye to the tsarist censorship. Hence, I was not only forced to confine myself strictly to an exclusively theoretical, specifically economic analysis of facts, but to formulate the few necessary observations on politics with extreme caution, by hints, in an allegorical language—in that accursed Aesopian language—to which tsarism compelled all revolutionaries to have recourse whenever they took up the pen to write a “legal” work. It is painful, in these days of liberty, to re-read the passages of the pamphlet which have been distorted, cramped, compressed in an iron vice on account of the censor. That the period of imperialism is the eve of the socialist revolution; that social-chauvinism (socialism in words, chauvinism in deeds) is the utter betrayal of socialism, complete desertion to the side of the bourgeoisie; that this split in the working-class movement is bound up with the objective conditions of imperialism, etc.—on these matters I had to speak in a “slavish” tongue, and I must refer the reader who is interested in the subject to the articles I wrote abroad in 1914-17, a new edition of which is soon to appear. In order to show the reader, in a guise acceptable to the censors, how shamelessly untruthful the capitalists and the social-chauvinists who have deserted to their side (and whom Kautsky opposes so inconsistently) are on the question of annexations; in order to show how shamelessly they screen the annexations of their capitalists, I was forced to quote as an example—Japan! The careful reader will easily substitute Russia for Japan, and Finland, Poland, Courland, the Ukraine, Khiva, Bokhara, Estonia or other regions peopled by non-Great Russians, for Korea. I trust that this pamphlet will help the reader to understand the fundamental economic question, that of the economic essence of imperialism, for unless this is studied, it will be impossible to understand and appraise modern war and modern politics.

In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

This classic work, first published in France in 1955, profoundly influenced the generation of scholars and activists at the forefront of liberation struggles in Africa, Latin America, and the Caribbean. Nearly twenty years later, when published for the first time in English, Discourse on Colonialism inspired a new generation engaged in the Civil Rights, Black Power, and anti-war movements and has sold more than 75,000 copies to date.

This book contains seven lectures, six of which were delivered at the Lowell Institute in Boston in February, 1913. In the first of them, the main lines of imperial development in Greece are sketched. In the others the author has tried to characterize, having regard rather to clearness than to novelty or completeness, the chief imperial growths which arose in Greece during the transformation of city-states from ultimate to constituent political units. The idea that the author wishes particularly to convey, however, is that there was continuity of constitutional development within the whole period. The city-state, indeed, reached its greatest efficiency in the time of Pericles, but the federation of city-states was being still perfected two hundred years afterward. In government, as in science, the classic period was but the youthful bloom of Greece, whereas its vigorous maturity—in which it was cut down by Rome—came in the Macedonian time. Briefly stated, the author's thesis is this: The city-states of Greece were unicellular organisms with remarkable insides, and they were incapable of growth except by subdivision. They might reproduce their kind indefinitely, but the cells, new and old, could not combine to form a strong nation. Thus it happened that after Athens and Sparta had tried in vain to convert their hegemonies over Greece into empires, a cancerous condition arose in Hellas, for which the proper remedy was not to change the internal constitutions of city-states, as Plato and Aristotle taught, but to change the texture of their cell walls so as to enable them to adhere firmly to one another. With a conservatism thoroughly in harmony with the later character of the Greek people, the Greeks struggled against this inevitable and salutary change. But in the end, they had to yield, saving, however, what they could of their urban separateness, while creating quasi-territorial states, by the use of the federal system and deification of rulers. These two contrivances were, accordingly, rival solutions of the same great political problem. Nothing reveals more clearly the limitations of Greek political theory than that it takes no account either of them or of their antecedents.

Focusing on India between the early nineteenth century and the First World War, Colonial Terror explores the centrality of the torture of Indian bodies to the law-preserving violence of colonial rule and some of the ways in which extraordinary violence was embedded in the ordinary operation of colonial states. Although enacted largely by Indians on Indian bodies, particularly by subaltern members of the police, the book argues that torture was facilitated, systematized, and ultimately sanctioned by first the East India Company and then the Raj because it benefitted the colonial regime, since rendering the police a source of terror played a key role in the construction and maitenance of state sovereignty. Drawing upon the work of both Giorgio Agamben and Michel Foucault, Colonial Terror contends, furthermore, that it is only possible to understand the terrorizing nature of the colonial police in India by viewing colonial India as a 'regime of exception' in which two different forms of exceptionality were in operation - one wrought through the exclusion of particular groups or segments of the Indian population from the law and the other by petty sovereigns in their enactment of illegal violence in the operation of the law. It was in such fertile ground, in which colonial subjects were both included within the domain of colonial law while also being abandoned by it, that torture was able to flourish.

A provocative, breath-taking, and concise relational history of colonialism over the past 500 years, from the dawn of the New World to the twenty-first century.