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Strategies & Market Trends : 2026 TeoTwawKi ... 2032 Darkest Interregnum -- Ignore unavailable to you. Want to Upgrade?


To: Maurice Winn who wrote (187008)4/26/2022 4:11:06 AM
From: TobagoJack1 Recommendation

Recommended By
Secret_Agent_Man

  Respond to of 217738
 
In the meantime ... I beseech you to sit down and tie yourself in before reviewing below and what it might all mean

I refrain from comment as to, etc etc, because am agnostic

China does same, as am quite good w/ all simplified methods to shutdown libel, but am cognisant that approach is not for everyone everywhere

Bad for the lawyering biz but certainly saves time and effort, as long as one knows what one is doing, that be the leader w/ Mandate of Heaven

The protocol seems too work well enough, but ... who can know how just adopting one part and not other concomitantly required portions of governance would work or not

hard to say

depends on intent of rule of person vs rule by paper

bloomberg.com

Why Don’t We Just Cancel All the Oligarch Lawyers?


As a U.S. Congressman, Steve Cohen, and others have noted, Britain’s laws make it too easy for the rich and powerful to shut out the truth.

Therese Raphael
26 April 2022, 14:00 GMT+8



The Royal Courts of Justice in London.

Photographer: Future Publishing/Future PublishingLondon is such an appealing place to bring defamation claims that it has been jokingly referred to as “ a town called Sue.” There have been some attempts at reform, but up to now, governments have just shrugged while lawyers made a killing.

In an extraordinary letter to Secretary of State Anthony Blinken last week, U.S. Congressman Steve Cohen, a Democrat from Tennessee and co-chairman of the U.S. Helsinki Commission, has demanded that six U.K. lawyers be banned from the U.S., a measure aimed at sending a message and deterring abusive lawsuits that “harass and intimidate” Vladimir Putin’s critics. The “oligarchs who hire lawyers to engage in abusive lawsuits against journalists to silence them, cannot exert malign influence in our system and the systems of democratic allies without their enablers,” Cohen wrote.

“Opening salvo in the war on Putin’s western enablers has started,” tweeted Bill Browder, the former Russian fund manager turned human-rights advocate. His new book contains riveting detail of his many battles with lawyers acting for various Kremlin interests. It’s hard not to cheer along, especially if you read the U.K. parliamentary testimony in March of Catherine Belton (author of Putin’s People) and Tom Burgis (author of Kleptopia). They recounted the barrage that they and their publisher, HarperCollins, were subjected to from London lawyers hired by oligarchs or their companies.

Lawsuits aimed at shutting out revelation or discussion are often referred to by the acronym SLAPPs – strategic lawsuits against public participation. The term has various definitions, but as Belton or Burgis would say, you know one when it hits you.

The use of SLAPPs is a Europe-wide problem, but England is particularly rich pickings for those looking to prosecute claims, partly because the large number of law firms willing to take those cases, the potential for big damage awards and the sky-high costs that can cripple defendants. The backlash against intimidation using London-based law firms isn’t just coming from Washington. Tory lawmaker Bob Seely used parliamentary privilege to name names in March, calling for a crackdown on what he termed “legalized gangsterism.”

“A free press should be intimidating kleptocrats and criminals,” Seely said. “Why have we got to a position in our society, a free society, the mother of parliaments, where we have kleptocrats, criminals, and oligarchs intimidating a free media?”

Cohen’s letter names Nigel Tait of Carter-Ruck (who represented oil firm Rosneft in its suit against Belton); John Kelly of Harbottle & Lewis (who represented the sanctioned oligarch Roman Abramovich against Belton and HarperCollins); Hugh Tomlinson (who acted for Abramovich, Mikhail Fridman and Peter Aven, all sanctioned now); Geraldine Proudler of CMS (who represented Fridman and Aven along with Russian interior ministry official Pavel Karpov in a lawsuit against Browder that was thrown out); Keith Schilling of Schillings, who Cohen cites in relation to fugitive Malaysian businessman Jho Low, who is accused of embezzling billions of dollars from the Malaysian state investment fund 1MDB; and Shlomo Rechtschaffen, who is cited for representing Walter Soriano, a former Israeli intelligence agent who has been linked to sanctioned oligarch Oleg Deripaska and others.

The firms named in Cohen’s letter – and by Seely in March – have all strongly denied all allegations of acting unethically or improperly.

The Foreign Policy Center, a U.K.-based think tank which has just published a report with detailed proposals for reform, found 73% of the 63 investigative journalists working on corruption stories across a number of countries had experienced legal threats as a result of information they had published. In its consultation document, the government cites estimates of 14 SLAPPs cases in the U.K. in 2021, two more than in 2020.

The assassination of Maltese investigative journalist Daphne Caruana Galizia, who faced 47 civil and libel suits at the time of her death, was a grim reminder that intimidation isn’t limited to the courtroom. A public inquiry found the state “must bear responsibility” for her assassination.

The question raised by Cohen’s letter is whether to blame (and punish with bans) the lawyers or try to change the system itself.

The argument for sanctioning the lawyers themselves is that the kind of attacks that Belton, Burgis and others have been put through are so egregious and the battle against Putin’s aggression so existential, that waiting for the grinding wheels of reform to make a quarter turn is wholly inadequate.

But banning lawyers, however deplorable their ways, is also an uncomfortable direction of travel in a democracy. Even unsavory people are entitled to legal representation. Britain’s cab rank rule requires barristers (those who argue in the courtroom) to take on cases within their expertise without regard to the identity of the client or the nature of the case or their own beliefs about the character or reputation of the client. That rule doesn’t apply to solicitors, who can earn lucrative sums from “reputation management” work, but the public naming-and-shaming may have largely done the job of closing many of these doors for now. But what about in the future?

Prime Minister Boris Johnson, who worked in journalism before turning to politics, has said he is live to the problem. The government has launched a consultation with the aim of strengthening legislation to protect defendants against spurious suits or introduce new court checks that allow them to be dismissed earlier in the process.

Clearly, the current set-up has been open to abuse. The law favors claimants, who are not required to prove that what was published is false; journalists and their publishers cannot use the fact that the allegations had been previously published as a defense. Litigants can rack up eye-watering costs and in multiple jurisdictions (Belton was also sued in Australia). For many journalists and their publishers, the stress and expense and the time it takes to resolve a dispute is prohibitive. That’s the whole idea.

Even where cases are thrown out, or settled with minor changes to texts or statements, the claimant can exact enormous costs and delays that impact the effect of publication as well as serve as a warning to others. Belton and her publisher faced five libel claims, which she says cost 1.5 million pounds ($1.9 million) to defend; that figure would easily have been far higher had they not agreed to make some small changes to the book to settle claims with the the now-sanctioned oligarchs Fridman and Abramovich.

Britain’s defamation law was, in fact, reformed in 2013 to reduce libel tourism and protect publications and journalists from lawsuits that were intended merely to shut down critical publication. It didn’t go far enough. Caroline Kean, founder of Wiggin LLP and the litigator who defended both Belton and Burgis in the libel actions, says case law has defanged the changes introduced by those reforms and that the defense that publication serves the “public interest” has become “a tool for the inquisition of the journalist, not a defense to a claim.”

Not all those bringing libel action are Putin-enabling oligarchs, of course. The BBC had to apologize and pay damages to former Ukrainian President Petro Poroshenko after it wrongly alleged that he paid money to Donald Trump’s former lawyer, Michael Cohen. Public figures, celebrities and others rely on those laws, too. Changing the law to increase the hurdle for abusive claims could make it harder for those who have real cause for redress to get justice. Libel laws are also a ring of defense in a country with a strong tradition of tabloid exposes.

Tweaks to the law, such as allowing judges to strike out an accuser’s claim early where there is no reasonable basis to proceed – and compelling claimants to show “serious harm” right away – could end abusive claims early without discouraging genuine cases. Strengthening the “public interest defense” might also be a sensible way forward. Reversing the burden of proof (which rests with the defendant in the U.K., unlike in the U.S.) would be a more controversial measure in Britain.

Cohen’s letter and the work of Seely and others have highlighted what most media outlets reporting on Russia have long known; that London has been a key destination for those using litigation to stifle scrutiny into dirty money and how Russia’s oligarchic networks operate. Johnson’s government is finally asking the right questions; it now needs to fix the system that has provided Putin’s enablers with a welcome mat.

More From Bloomberg Opinion:

Bankers Had Their Crisis. Now Its Lawyers’ Turn: Chris Hughes Is Wimbledon’s Ban on Russians a Double Fault: Therese Raphael Russia Exploits Two Big Holes in Financial Sanctions: Paul DaviesWant more from Bloomberg Opinion? Terminal readers, head to OPIN <GO>. Web readers, click here.

This column does not necessarily reflect the opinion of the editorial board or Bloomberg LP and its owners.

To contact the author of this story:
Therese Raphael at traphael4@bloomberg.net

To contact the editor responsible for this story:
James Hertling at jhertling@bloomberg.net



To: Maurice Winn who wrote (187008)4/26/2022 5:55:18 AM
From: TobagoJack2 Recommendations

Recommended By
Maurice Winn
Secret_Agent_Man

  Read Replies (1) | Respond to of 217738
 
Re below article, I am agnostic w/r to correctness and in truth do not much care, because am fairly sure Team China shall do whatever and Team USA shall do whatever else, and the only way to tell what works for which Team require wait & watch given that all the pieces are dynamic

But, the elements and string of the article shall be a/c for in forward processing

However, an observation, what in China China China passes for sandbox play session is apparently considered as strategy by FT, perhaps has something to do w/ election cycles and such

ft.com

America’s lopsided China strategy: all guns and no bread and butter issues

The administration is preparing an economic plan for the Indo-Pacific, but it will not include access to the US market

6 hours ago

© FT montage; Getty Images

Admiral John Aquilino, the top US military commander in the Indo-Pacific, recently held an unusual meeting with the head of US Space Command and deputy head of US Cyber Command — in a remote part of the Australian outback.

Aquilino and his colleagues, General James Dickinson and Lieutenant General Charles Moore, had flown all the way to Alice Springs, a dusty town in central Australia for sensitive talks on China with top Australian officials at Pine Gap, a top-secret spy satellite facility run by the CIA and the Australian government.

Speaking before their meetings, Aquilino and his colleagues stressed that their visit to Australia was part of a strategy US president Joe Biden has made central to his foreign policy: working more closely with allies and partners to counter China.

“We’ve a few targets,” Aquilino, a former Navy “Top Gun” fighter pilot, said in an interview with the Financial Times. “Number one is highlight the strength of allies and partners to deliver integrated deterrence and prevent conflict here in the Indo-Pacific.”

Washington may be completely immersed in the war in Ukraine, but the Biden administration is also focused on what it sees as its biggest long-term objective — developing a coherent strategy to deal with China.

After the turbulence of the Trump years, when the administration’s hawkish tone on China was consistently undermined by spats with allies, the Biden team is going out of its way to ensure that the US and its partners are closely aligned on China.

As part of that effort, Aquilino spent six days in Australia. Over the past 15 months, the president has reinforced alliances with Japan, South Korea, New Zealand as well as Australia; worked hard to involve India more in China policy; boosted co-operation with European nations from Britain and France to Germany and ratcheted up support for Taiwan.

Yet while Biden has won praise from allies for the security component of his Indo-Pacific strategy, many have been frustrated at what they see as a gaping hole: the lack of a trade and economic agenda. For some critics, an appealing economic strategy is essential to bolstering US leverage in Asia and making sure countries are not too economically reliant on China.

“There has been a real vacuum in American trade policy towards Asia,” says Sheena Greitens, a China expert at the University of Texas in Austin. “Asia is moving ahead on regional trade integration, with some willingness to include China, while the US has been largely absent.”

Biden is hoping to shrink that gap this summer with the launch of an Indo-Pacific economic framework (IPEF). The plan will contain include elements that range from fair trade — including labour and environmental issues — to secure supply chains, infrastructure, clean energy and digital trade.

According to an official from a country in the Indo-Pacific, some Asean countries are very interested, for example, in a digital trade agreement that would set rules for the road.



Admiral John Aquilino, left, head of the US Indo-Pacific Command, looks at videos of Chinese structures and buildings on board a P-8A Poseidon reconnaissance plane flying over the Spratly Islands in the South China Sea in March this year © Aaron Favila/AP
However, it will crucially not include any new access to the US market for products from Asian countries — a reflection of the increasingly tough politics surrounding traditional trade agreements that became so ingrained during the Trump years and which Biden remains sensitive to, particularly ahead of November’s congressional midterm elections.

Critics say that without a strong trade policy, the US risks ending up with a lopsided approach, heavy on military presence but light on economic engagement, which leaves its allies hesitant about its genuine commitment to the long-term future of the region.

Another Indo-Pacific official says countries in the region appreciate that Biden is finally engaging on trade, but adds that the lack of market access is a significant setback.

“It is like a fried egg without the yolk,” he says.

A troubled relationship

Biden has struck a more hawkish tone on China than allies had expected. He has taken Beijing to task over everything from its repression of Uyghurs to its military activity near Taiwan. China in return accuses the US of being a fading hegemonic power and says the days of it being bullied are over.

While Biden and Xi Jinping, his Chinese counterpart, have boosted their personal engagement in recent months, US-China relations are mired at their lowest level since the nations normalised diplomatic relations in 1979.

Biden’s China policy has several goals. He wants to shape the international landscape to raise the cost to China of engaging in coercive behaviour. He also hopes that showing a united front with allies such as Japan and Australia will send a strong signal about deterrence to China and make Xi think twice about invading Taiwan. And he wants to establish what his team describes as “guardrails” to avoid competition veering into conflict.

During his visit to Australia, Aquilino visited US marines who are stationed in Darwin as part of the push to position more US military resources in the region. At Amberley air force base, he greeted a B-2 stealth bomber that had flown from the US in a move that was partly aimed at reminding China about the potency of American military force.

In another example of co-operation, the White House recently said it was expanding Aukus — a security pact the US, UK and Australia agreed last year — to work together on hypersonic missiles. China reacted angrily to Aukus, which will help Australia get nuclear-powered submarines. It views the pact in a similar vein to the “ Quad” — the Quadrilateral Security Dialogue grouping of the US, Japan, Australia and India — which Biden has also reinvigorated.

Biden has also had success persuading European nations, particularly Germany, which were previously wary about upsetting Beijing to take a tougher stance on China.

Yet despite his efforts to deepen relations with allies, Biden has not yet persuaded Xi to reduce coercive activity in Asia. Paul Haenle, China director at the Carnegie Endowment for International Peace, a think-tank, says the focus on allies is critical but China is “not playing ball”.

“They do not buy the notion that the change in China’s policies, behaviour, actions and rhetoric under Xi Jinping is contributing in any way to the downturn in US-China relations,” says Haenle, who stresses, however, that Biden should continue to set the table for strategic negotiations in the future and that trade is a critical component.

“The risk is that the optics in the region become the US coming to the table with guns and ammunition and China dealing with the bread and butter issues of trade and economics.”

An alternative framework

Over the next few months, the Biden administration will make its pitch to revert that impression with the launch of its new economic framework.

A third official from the Indo-Pacific says IPEF is a start that may lead to something more substantive. “They need to stretch their muscles a little and get match fit before they can do something serious,” the official says. “It’s sort of like a no-contact pre-season game.”

In an ideal world, allies would like the US to re-join the Trans-Pacific Partnership — a 12-nation trade deal signed in 2016 that Donald Trump left in 2017. But they recognise that big trade deals are now political kryptonite in America. Even before Trump pulled out of TPP, Hillary Clinton, his Democratic rival in the 2016 presidential race, had withdrawn her support.



China in January signed a trade agreement — the Regional Comprehensive Economic Partnership — with the 10 members of the Association of Southeast Asian Nations along with Japan, South Korea, Australia and New Zealand © Cui Liu/VCG/Getty Images
Yet the stakes have become higher since Beijing last year applied to join “TPP-11” — the revamped successor to TPP, which the US had championed to counter China’s growing economic clout. In another example of that influence, China in January signed a trade agreement — the Regional Comprehensive Economic Partnership — with the 10 members of the Association of Southeast Asian Nations along with Japan, South Korea, Australia and New Zealand.

Matthew Goodman, a trade expert at CSIS, a think-tank, says Biden hopes his new framework will make up for the US not being in TPP-11. “The administration has put forward this framework as an alternative it thinks countries in the region will be drawn to and there’s reason to believe they will,” says Goodman, referring to elements such as the digital component.

A US official dismisses suggestions from experts that some countries are less interested in the framework. “There was sort of an assumption in the Washington policy community that if you didn’t do TPP, everyone would just sort of scoff at it,” says the US official. “We’ve been very pleasantly surprised at how much interest there is.”



Xi Jinping meets with Joe Biden via video link in Beijing in November 2021. Relations between China and the US remain at their lowest level since they normalised diplomatic relations in 1979 © Chine Nouvelle/SIPA/Shutterstock

One person familiar with the IPEF discussions says the US is focusing its negotiating efforts on eight countries: Japan, Australia, New Zealand, India, Singapore, Vietnam, Malaysia and Indonesia. Countries will be able to join some of the IPEF pillars without committing to all four. She stresses that the fact that there are eight countries engaging in serious discussions does not mean all of them will join the framework at the start.

The person familiar with the talks says many nations are interested in a possible digital trade deal. She says American CEOs who talk to the administration are as interested in common rules and standards for digital trade as they are in traditional trade arrangements.

While Goodman welcomes the framework, he cautions that there are many unanswered questions. First, Biden must convince countries that it will stick, given what happened with TPP. Some in the region also worry what will happen if Trump returns to the White House in 2025.

Goodman says some countries are also concerned that Biden has split responsibility for the framework between the US trade representative office, led by Katherine Tai, and the commerce department, led by Gina Raimondo.

“One major challenge for this initiative is that here is no single senior official in the Biden administration who clearly owns this patch,” says Goodman, who adds that Raimondo would be the obvious candidate since the commerce department is charged with helping American companies expand their overseas trade opportunities.

Wendy Cutler, a former top USTR official now vice president of the Asia Society Policy Institute, concedes that the lack of market access is a “big hole”, but she stresses that critics should wait for the release of the full framework before judging.

“I’m optimistic it will address the concerns expressed by many that we don’t have an economic agenda for the region. But it’s going to be a different agenda and people need to keep an open mind,” says Cutler, who adds Biden should prioritise digital trade. “Our partners in the region are moving forward to set rules without us.”



Joe Biden has split responsibility for the IPEF framework between the US trade representative office, led by Katherine Tai, centre, and the commerce department, led by Gina Raimondo © Mandel Ngan/AFP/Getty Images
Some experts worry that the lack of traditional tariff reductions may handicap the US, which has traditionally used it as a carrot to get countries to sign up to trade-related measures. But Tai recently told Congress that the lack of market access did not mean that the US was proposing something that would not be “economically meaningful” for the region. And US officials argue that the IPEF includes measures — such as digital trade — that are more suited to the current global trading system.

That will depend on what Washington is offering the other nations. “A lot of countries are asking ‘What’s in it for us?’” Goodman notes.

“We want something that very clearly shows that there are benefits?.?.?.?for American workers and American businesses, as well as for our foreign partners,” says the US official. “How we land that is going to be a challenge.”

Ami Bera, the Democratic head of the House foreign affairs Asia subcommittee, believes it is “too tough politically” to re-join the pact but says the framework will increase economic engagement with the region. “As we start to put real meat on the bones of the Indo-Pacific framework, this is an opportunity,” says Bera, who says it is important that India, which has not joined TPP, will be involved in the IPEF.

The Taiwan complication

As the administration tries to develop its new economic approach to the region, one complicating factor for the White House has become Taiwan — especially given the way Russia’s invasion of Ukraine has focused attention on the risk of a Chinese attempt to take the island.

Some US officials want to include Taiwan, over which China claims sovereignty, to give it more of a formal role in the international system. But others subscribe to the view held by some countries in the region that allowing Taipei to join the framework would make it difficult for them to participate because of a likely backlash from Beijing.

“The administration needs to balance participation by Taiwan with their efforts to attract as many partners in the region as possible,” says Cutler.

Complicating matters further, a bipartisan group of more than 200 US lawmakers recently wrote to Tai and Raimondo calling for Taiwan’s inclusion to “send a clear signal that the US stands with its allies and partners and will not be bullied by?.?.?.?China”.



Jeremiah Manele, Solomon Islands foreign minister, Manasseh Sogavare, the prime minister, Chinese Premier Li Keqiang and Chinese state councillor and foreign minister Wang Yi attend a ceremony at the Great Hall of the People in Beijing in 2019. The Solomon Islands, which has signed a security pact with Beijing that some worry could lead to China building a naval base in the South Pacific nation, has not had a US embassy since 1993 © Thomas Peter/Pool/EPA-EFE

Tai has refused to say if Taiwan will be included. But the person familiar with the situation did not include Taiwan in the list of the eight main countries.

As the administration edges closer to launching IPEF, it has been served a stark reminder of how not being fully engaged in the region can open the door to China.

Kurt Campbell, the top White House Asia official, and Daniel Kritenbrink, the top state department official for the region, last week visited the Solomon Islands. The pair travelled to the South Pacific nation after it signed a security pact with Beijing that some worry could lead to China building a naval base in the country, which has not had a US embassy since 1993.

“The Solomon Islands is probably a good example of how we are falling short in areas where the region needs help and the Chinese are filling that void,” says Haenle.

But Kritenbrink rejects suggestions that the US had not been engaged with the Solomon Islands, listing several examples such as the provision of more than 150,000 Covid-19 vaccines in recent months, and adding that economic links were “an important component” of US policy towards Pacific Island nations.

“The central pillar of our entire strategy and engagement with the Indo-Pacific is revitalising our ties with allies, partners and friends,” he says.

Greitens applauds the new focus on economic issues, but believes it is insufficient. “IPEF is welcome but there are a lot of unanswered questions, and frankly it’s unlikely to be enough to resolve some of the big concerns,” she says. Cutler adds that the administration should have already unveiled the framework, saying, “the fact that the initiative hasn’t been launched yet diminishes the credibly of the administration”.

A second US official, who says the White House hopes to finalise IPEF by mid-June, stresses that the administration is trying to find a pragmatic approach that will help both the US middle class — which has been one of the key mantras of the Biden administration — and countries in the region.

“It’s taking a different form than the cookie cutter free trade agreement and so?.?.?.?it’s taken a little while,” she explains.

Follow Demetri Sevastopulo on Twitter



To: Maurice Winn who wrote (187008)4/26/2022 9:13:07 AM
From: marcher  Read Replies (1) | Respond to of 217738
 
--Strangely, the Americans really do think they are the Good Guys and that Russia and Putin are the
evil-doers. They take their own propaganda seriously. Their thinking is simpleton simplistic. They really
can't see the absurdity of them establishing a red line in Solomon islands when they scoff at Putin's red
line right there in Crimea, and Eastern Ukraine.--

as bob dylan lyrically suggests in murder most foul, [neoliberal] u.s. is a culture of cliche,
like:

don't worry, be happy.
it is what it is.
obstacles are opportunity.
[insert cliche of justification here]

there's no there, there...
which, of course, is an existential threat.
-g/ng-

the
ship
is
sinking...............................................................