Dr Mohsen al Attar
By Mohsen al Attar
My goal is one upload a week. I may fall short of this and you are welcome to rap me over the knuckles if I do, hopefully more gently than the Jesuit nuns did in primary school.
If you have any questions, comments, or suggestions, please reach out at mohsen.al-attar@warwick.ac.uk.
Mohsen
Dr Mohsen al AttarFeb 22, 2019
Financial Globalisation | IEL Episode 5 - Part B
Financial globalisation is convoluted. To navigate the architecture that facilitates flows of cross-border finance, it is necessary to understand a little (perhaps a lot) about the nature of commercial activity, monetary and fiscal policy, and global political economy, topics partially covered in this podcast. Central to the growth of commercial activity is capital, sometimes as equity but mostly as credit. To fund the production of tradeable goods or the delivery of tradeable services, providers need money. While this has always been true, the globalisation of a market for finance only developed during the neoliberal era; though it would be more accurate to acknowledge that the current version of financial globalisation is beset with a neoliberal personality. In the following podcast, I examine both the history of the liberalisation of capital as well as the contemporary standing of capital in IEL.
Financial Globalisation | IEL Episode 5 - Part A
Financial globalisation is convoluted. To navigate the architecture that facilitates flows of cross-border finance, it is necessary to understand a little (perhaps a lot) about the nature of commercial activity, monetary and fiscal policy, and global political economy, topics partially covered in this podcast. Central to the growth of commercial activity is capital, sometimes as equity but mostly as credit. To fund the production of tradeable goods or the delivery of tradeable services, providers need money. While this has always been true, the globalisation of a market for finance only developed during the neoliberal era; though it would be more accurate to acknowledge that the current version of financial globalisation is beset with a neoliberal personality.
In the following podcast, I examine both the history of the liberalisation of capital as well as the contemporary standing of capital in IEL.
The Neoliberal Turn in International Law | IEL Episode 4 - Part D
What is neoliberalism? David Harvey provides a simple treatise on the ideology: the introduction of competitive market forces into historically non-market spheres. Since the days of democratic capitalism, healthcare, education, electricity, and water provision were the purview of public actors. This made sense. As necessities of life, these would be allocated universally rather than preferentially. Neoliberalism reject this logic, advocating for the subjugation of essential services to market logics of efficiency, competitiveness, and purchase-power based allocation. Of course, the promise was not that the rich would line their pockets but that the increased competitiveness would enhance efficiency and place downward pressure on prices. Public assets were sold, public services were privatised, and taxes were slashed all in the name of public welfare. Even Orwell was never so brazen. In the following episode, I detail the rise of neoliberalism and its implications for international economic law.
The Neoliberal Turn in International Law | IEL Episode 4 - Part C
What is neoliberalism? David Harvey provides a simple treatise on the ideology: the introduction of competitive market forces into historically non-market spheres. Since the days of democratic capitalism, healthcare, education, electricity, and water provision were the purview of public actors. This made sense. As necessities of life, these would be allocated universally rather than preferentially. Neoliberalism reject this logic, advocating for the subjugation of essential services to market logics of efficiency, competitiveness, and purchase-power based allocation. Of course, the promise was not that the rich would line their pockets but that the increased competitiveness would enhance efficiency and place downward pressure on prices. Public assets were sold, public services were privatised, and taxes were slashed all in the name of public welfare. Even Orwell was never so brazen. In the following episode, I detail the rise of neoliberalism and its implications for international economic law.
The Neoliberal Turn in International Law | IEL Episode 4 - Part B
What is neoliberalism? David Harvey provides a simple treatise on the ideology: the introduction of competitive market forces into historically non-market spheres. Since the days of democratic capitalism, healthcare, education, electricity, and water provision were the purview of public actors. This made sense. As necessities of life, these would be allocated universally rather than preferentially. Neoliberalism reject this logic, advocating for the subjugation of essential services to market logics of efficiency, competitiveness, and purchase-power based allocation. Of course, the promise was not that the rich would line their pockets but that the increased competitiveness would enhance efficiency and place downward pressure on prices. Public assets were sold, public services were privatised, and taxes were slashed all in the name of public welfare. Even Orwell was never so brazen. In the following episode, I detail the rise of neoliberalism and its implications for international economic law.
The Neoliberal Turn in International Law | IEL Episode 4 - Part A
What is neoliberalism? David Harvey provides a simple treatise on the ideology: the introduction of competitive market forces into historically non-market spheres. Since the days of democratic capitalism, healthcare, education, electricity, and water provision were the purview of public actors. This made sense. As necessities of life, these would be allocated universally rather than preferentially. Neoliberalism reject this logic, advocating for the subjugation of essential services to market logics of efficiency, competitiveness, and purchase-power based allocation. Of course, the promise was not that the rich would line their pockets but that the increased competitiveness would enhance efficiency and place downward pressure on prices. Public assets were sold, public services were privatised, and taxes were slashed all in the name of public welfare. Even Orwell was never so brazen. In the following episode, I detail the rise of neoliberalism and its implications for the international economic law framework.
Cotton and the Origins of Trans-Oceanic Trade | IEL Episode 3 - Part D
Cotton is a subtropical plant that grows just north of the Equator and across three continents: Africa, the Americas, and Asia. Despite European familiarity with cotton—thanks to Muslim and Asian traders—Europeans could not grow cotton. The cotton products they obtained were already manufactured, denying them the greatest added-value. At least this was the state of affairs until Vasco de Gama discerned a route to the Indian subcontinent, allowing Europeans to bypass the Ottoman middlemen.
To resolve the problem of resource constraints, Europeans seized the resources of others. Imperial expansion, expropriation, armed trade, enslavement, espionage, and other forms of organised violence disrupted traditional supply chains, substituting them with a Eurocentric one. And from there, European companies began to flood global markets with cotton goods. In the end, and as I explore in this episode, commerce and European access to the resources | markets of non-Europeans came to inform the modern international legal framework in operation today.
Cotton and the Origins of Trans-Oceanic Trade | IEL Episode 3 - Part C
Cotton and the Origins of Trans-Oceanic Trade | IEL Episode 3 - Part ACotton is a subtropical plant that grows just north of the Equator and across three continents: Africa, the Americas, and Asia. Despite European familiarity with cotton—thanks to Muslim and Asian traders—Europeans could not grow cotton. The cotton products they obtained were already manufactured, denying them the greatest added-value. At least this was the state of affairs until Vasco de Gama discerned a route to the Indian subcontinent, allowing Europeans to bypass the Ottoman middlemen.
To resolve the problem of resource constraints, Europeans seized the resources of others. Imperial expansion, expropriation, armed trade, enslavement, espionage, and other forms of organised violence disrupted traditional supply chains, substituting them with a Eurocentric one. And from there, European companies began to flood global markets with cotton goods. In the end, and as I explore in this episode, commerce and European access to the resources | markets of non-Europeans came to inform the modern international legal framework in operation today.
Cotton and the Origins of Trans-Oceanic Trade | IEL Episode 3 - Part B
Cotton is a subtropical plant that grows just north of the Equator and across three continents: Africa, the Americas, and Asia. Despite European familiarity with cotton—thanks to Muslim and Asian traders—Europeans could not grow cotton. The cotton products they obtained were already manufactured, denying them the greatest added-value. At least this was the state of affairs until Vasco de Gama discerned a route to the Indian subcontinent, allowing Europeans to bypass the Ottoman middlemen.
To resolve the problem of resource constraints, Europeans seized the resources of others. Imperial expansion, expropriation, armed trade, enslavement, espionage, and other forms of organised violence disrupted traditional supply chains, substituting them with a Eurocentric one. And from there, European companies began to flood global markets with cotton goods. In the end, and as I explore in this episode, commerce and European access to the resources | markets of non-Europeans came to inform the modern international legal framework in operation today.
Cotton and the Origins of Trans-Oceanic Trade | IEL Episode 3 - Part A
Cotton is a subtropical plant that grows just north of the Equator and across three continents: Africa, the Americas, and Asia. Despite European familiarity with cotton—thanks to Muslim and Asian traders—Europeans could not grow cotton. The cotton products they obtained were already manufactured, denying them the greatest added-value. At least this was the state of affairs until Vasco de Gama discerned a route to the Indian subcontinent, allowing Europeans to bypass the Ottoman middlemen.
To resolve the problem of resource constraints, Europeans seized the resources of others. Imperial expansion, expropriation, armed trade, enslavement, espionage, and other forms of organised violence disrupted traditional supply chains, substituting them with a Eurocentric one. And from there, European companies began to flood global markets with cotton goods. In the end, and as I explore in this episode, commerce and European access to the resources | markets of non-Europeans came to inform the modern international legal framework in operation today.
Efficient Writing Skills for Law Students | UG Episode 3 - Part II
Students are forever struggling to improve their writing skills. The goal, however, alludes, bobbing and weaving like a prize-fighter. In the following podcast, I detail steps you can undertake to achieve greater efficiency, even elegance, in your writing. Key to this is what I term 'segmenting'. By segmenting your writing, you can move through each component – content, structure, and style – more efficiently, dedicating the requisite energy to a single task rather than melding and thus confusing all three.
The greatest advantage to this approach is that it facilitates your ability to make intelligent choices throughout the writing process. By targeting each component separately, you come to appreciate how they vibe (and when they clash), developing the proficiency needed to leverage the components toward the production of elegant compositions. Follow these steps and you will quickly extricate yourself from the sludge of inefficient writing.
Efficient Writing Skills for Law Students | UG Episode 3 - Part I
Students are forever struggling to improve their writing skills. The goal, however, alludes, bobbing and weaving like a prize-fighter. In the following podcast, I detail steps you can undertake to achieve greater efficiency, even elegance, in your writing. Key to this is what I term 'segmenting'. By segmenting your writing, you can move through each component – content, structure, and style – more efficiently, dedicating the requisite energy to a single task rather than melding and thus confusing all three.
The greatest advantage to this approach is that it facilitates your ability to make intelligent choices throughout the writing process. By targeting each component separately, you come to appreciate how they vibe (and when they clash), developing the proficiency needed to leverage the components toward the production of elegant compositions. Follow these steps and you will quickly extricate yourself from the sludge of inefficient writing.
Law & Capitalism | IEL Episode 2 - Part 4
International economic law is the regulatory regime for global capitalism. But what is capitalism and how did to rise to the status of sacred economic model? In this episode, I examine first the nature of markets as political and economic spaces. Next, I discuss historical developments in Europe that allowed for the emergence of a 'rational legal system'. Following the lead of Max Weber, I explore the characteristics of a rational legal system and its centrality in the establishment of a capitalist model of economic and social organisation.
Law & Capitalism | IEL Episode 2 - Part 3
International economic law is the regulatory regime for global capitalism. But what is capitalism and how did to rise to the status of sacred economic model? In this episode, I examine first the nature of markets as political and economic spaces. Next, I discuss historical developments in Europe that allowed for the emergence of a 'rational legal system'. Following the lead of Max Weber, I explore the characteristics of a rational legal system and its centrality in the establishment of a capitalist model of economic and social organisation.
Law & Capitalism | IEL Episode 2 - Part 2
International economic law is the regulatory regime for global capitalism. But what is capitalism and how did to rise to the status of sacred economic model? In this episode, I examine first the nature of markets as political and economic spaces. Next, I discuss historical developments in Europe that allowed for the emergence of a 'rational legal system'. Following the lead of Max Weber, I explore the characteristics of a rational legal system and its centrality in the establishment of a capitalist model of economic and social organisation.
Law & Capitalism | IEL Episode 2 - Part 1
International economic law is the regulatory regime for global capitalism. But what is capitalism and how did to rise to the status of sacred economic model? In this episode, I examine first the nature of markets as political and economic spaces. Next, I discuss historical developments in Europe that allowed for the emergence of a 'rational legal system'. Following the lead of Max Weber, I explore the characteristics of a rational legal system and its centrality in the establishment of a capitalist model of economic and social organisation.
What is International Economic Law? | IEL Episode 1 - Part 4
In the third and fourth parts of the introductory episode, I describe the three major theories in international political economy: mercantilism, liberalism, and Marxism. Through its various iterations, international economic law has consistently been informed by the first two and critiqued by the third. Hints of the third are evident in some legal treaties but the international legal order remains conflicted between its mercantile and liberal tendencies.
What is International Economic Law? | IEL Episode 1 - Part 3
In the third and fourth parts of the introductory episode, I describe the three major theories in international political economy: mercantilism, liberalism, and Marxism. Through its various iterations, international economic law has consistently been informed by the first two and critiqued by the third. Hints of the third are evident in some legal treaties but the international legal order remains conflicted between its mercantile and liberal tendencies.
What is International Economic Law? | IEL Episode 1 - Part 2
In the second part of the introductory episode, I describe the putative 'birth' of IEL. As observed before, it dates back to mercantilism, imperialism, and colonialism but many texts on IEL return to the period immediately following the Second Great European War for the beginning. Of particular interest in this part is the clash between Keynesianism (compassionate liberalism some term it) and central | planned economies.
What is International Economic Law? | IEL Episode 1 - Part 1
Central to the study of international law is international economic law. Indeed, much of what emerged in IL was provoked by the economic rapprochement of European nations during the mercantile period but also the plunder of the Third World pursued by the First. Of course, international economic law was not devised solely to mediate economic relations but also to structure the distribution of finite resources to a growing global population.
In the first episode, I explain how an assumption - prosperity for all - and a theory - comparative advantage - were devised to justify the adoption of liberalism in the development of international economic order.
Make Convincing Legal Arguments | UG Episode 2
In this episode, I detail a strategy for building sound and convincing arguments. My preference is for the RIREAC form: Reference – Issue – Rule – Explanation – Application – Conclusion. There are others (IRAC / ILAC are more popular) and I have met people who prefer to adopt bespoke forms (HOPP: Hunch – Optimistic View – Pessimistic View – Provocative View). Regardless as to which form(s) you opt for, practice is essential and I encourage you to experiment with a variety of strategies before settling on your preferred.
The Triangular Method of Studying | UG Episode 1
Subjects of International Law | IL Episode 7
What is TWAIL? | TWAIL Episode 1
TWAIL, as it is popularly known, opened Pandora's box. What was let loose was not pretty. European barbarism laid the foundations for the international legal framework that now envelops the globe, creating conditions for the perpetuation of the inequality and exploitation that continue to inform First to Third World relations.
In the following podcast, I discuss aspects of TWAIL as theory of international law. While TWAIL scholars do critique aspects of international law, their approach grates against mainstream standards. The validity of their critique is undeniable but how does it fits within the larger framework?
Sources of International Law Part II | IL Episode 6
In the episodes 5 and 6, I detail the contours of international legal sources. I begin with a couple of vital PICJ decisions - the predecessor to the ICJ - and continue with the ICJ statutory categories, devoting the lion's share of the episodes to customary international law and treaties.
Sources of International Law Part I | IL Episode 5
In the following two parts, I detail the contours of international legal sources. I begin with a couple of vital PICJ decisions - the predecessor to the ICJ - and continue with the ICJ statutory categories, devoting the lion's share of the episodes to customary international law and treaties.
International Legal Theory | IL Episode 4
Law is one way of regulating social relations. Violence is another. Markets are a third. And so on. Why we choose to mediate some relations with law - e.g. the human rights obligations of states - but others with non-law - e.g. the human rights 'responsibilities' of corporations - can only be explained by engaging with theory.
In this episode, I describe international law's naturalist origins of universal rights, its shift to a positivist framework of sovereign state authority, and conclude with a discussion of realism and its critique of power relations. Keep your ears open for a future episode on commodity form theory!