Latest / Diplomacy and International Relations / Plato and Diplomacy
Transcript
- 0:00Imagine, just for a second, that you're walking into this really
- 0:03vast, kind of dimly lit room. OK, I'm picturing it.
- 0:07Right, So on one side of this long wooden table, there's a guy
- 0:10from ancient Sparta, and he's wearing like a rough woven tunic
- 0:15holding a wooden staff. And the only reason he got this
- 0:18incredibly high stakes job is because he happens to have a
- 0:20really loud, booming voice. Just a human megaphone
- 0:23basically. Exactly.
- 0:25And then on the exact opposite side of that same table sits a
- 0:29modern corporate lawyer, tailored suit, sleek laptop, and
- 0:33her hard drive is just loaded with, I mean, 10s of thousands
- 0:37of pages of international trade law, jurisdictional precedence,
- 0:40all that, right? Visually, they are completely
- 0:42different. Different languages, different
- 0:43technologies, but fundamentally they're doing the exact same
- 0:46job, just separated by thousands of years.
- 0:48It's a really striking image, honestly, and it captures the
- 0:52whole paradox of how we handle conflict.
- 0:54I mean, the mechanisms have changed so much, from shouting
- 0:57across a battlefield to filing digital briefs in Geneva.
- 1:01But that human desperation to, you know, figure things out
- 1:06without destroying each other, that hasn't changed at all.
- 1:08And that struggle is exactly what we are focusing on today.
- 1:12So welcome to Diplomacy and International Relations, a
- 1:16podcast focused on international relations, global politics and
- 1:19Danish political developments. Today we are taking on a really
- 1:23comprehensive analysis of the evolution of statecraft.
- 1:27Yeah, it's a huge journey. We're going to cover everything
- 1:29from the actual origins, the word diplomacy to Plato's pretty
- 1:34intense xenophobia, all the way to modern international
- 1:36arbitration. Right, and we'll also look at
- 1:38the just war theory and how that applies to current events like
- 1:41the Russia Ukraine conflict. Before we get into all that
- 1:43history, though, I just want to encourage you, our listener, to
- 1:46follow and subscribe to the podcast right now.
- 1:49And if you want to support the show, head over to our Patreon.
- 1:52That's where you gain access to bonus episodes, plus our weekly
- 1:55and monthly briefings on Danish politics.
- 1:57The link is right there in the description.
- 2:00So where do we start with statecraft?
- 2:02Let's start with the word itself.
- 2:03Like where does the word diplomacy actually come from?
- 2:06Well, the etymology is actually a story about technology in a
- 2:09way. It comes from the ancient Greek
- 2:11word diploma, which literally translates to folded into.
- 2:16Wait. Folded into like a piece of
- 2:19paper. A piece of parchment?
- 2:20Yeah. Back in classical Greece, a
- 2:22diploma was just an educational certificate.
- 2:25It showed you completed a course and they would literally fold it
- 2:27in half. OK, so a literal diploma.
- 2:29Right. But then the Roman Empire comes
- 2:31along and they take this word and repurpose it.
- 2:34For the Romans, a diploma became an official travel document.
- 2:39So think of it as an ancient passport that let you travel on
- 2:42their really restricted imperial roads.
- 2:44Wow, OK. And by that point it wasn't
- 2:46parchment anymore. They were stamping these passes
- 2:49onto double metal plates. Metal passports So how do we get
- 2:53from a Roman metal passport to, you know, people in suits at the
- 2:57UN? Well, over time the meaning
- 3:00brought in to mean any official state document, especially
- 3:03treaties. Then Fast forward to the 1700s
- 3:06and the French start using it to describe the people handling
- 3:09those documents. They came up with the phrase
- 3:11core diplomatique. The diplomatic corps.
- 3:13Exactly, and eventually that crosses the channel.
- 3:16Edmund Burke is the guy credited with bringing it into English as
- 3:19diplomacy right around 1796. So the word itself is mostly
- 3:2318th century, but obviously people were negotiating way
- 3:26before that. I mean, it's not just a Western
- 3:28thing, right? Not at all.
- 3:29It's a completely universal human reflex.
- 3:31Whenever a society gets complex enough to run into a neighbor
- 3:34group, diplomacy just sort of naturally emerges.
- 3:37We see it all over the world. Like where?
- 3:39A great example is the Australian Aborigines.
- 3:41Long before any European showed up, these indigenous groups had
- 3:44a really sophisticated system of diplomatic immunity.
- 3:47Wait really? I always think of diplomatic
- 3:49immunity as this modern like Vienna Convention thing with
- 3:53embassies and black SUV's. Yeah, most people do.
- 3:57But across early societies, not just Australia but Asia, the
- 4:01Americas, they all relied on Spegger Lee's non voice and they
- 4:05all developed this shared sacred rule.
- 4:09It was a protecting taboo. You absolutely do not kill the
- 4:12messenger. Even if they bring bad news.
- 4:14Even if they're delivering a declaration of war.
- 4:17And these weren't just random people, they were the most
- 4:19respected elders of the tribe. Which makes sense if you're
- 4:22walking into a hostile camp, you want a rock solid guarantee you
- 4:25won't be killed, and you want your smartest person doing the
- 4:28talking. Do we have like written records
- 4:30of early negotiations though? Oh yeah, tons, especially from
- 4:34Egypt and the Near East. We actually have a fully
- 4:37preserved peace treaty from 1278 BCE.
- 4:40Over 3000 years ago. Yeah, between the Egyptian
- 4:43pharaoh Ramses the Second and the king of the Hittite Empire,
- 4:45it's amazing. And later on, the Assyrians kept
- 4:48massive libraries tracking all their envoys.
- 4:50So the foundation is ancient, but what I find fascinating is
- 4:53how the actual skills of a diplomat change depending on who
- 4:56was in power. Let's talk about the Greeks.
- 4:58Like that Spartan guy I mentioned earlier.
- 5:00Right, the human megaphone. Yeah, they modeled their envoys
- 5:02was after Hermes. Yeah, they did.
- 5:04And Hermes was the God of travelers, merchants and,
- 5:08tellingly, thieves. He was Zeus's messenger.
- 5:12So early Greek diplomats around the 8th century BCE were just
- 5:15heralds. Their job was just to memorize
- 5:18terms and shout them across a valley.
- 5:19Because they didn't have microphones.
- 5:21Exactly. But as Greek society got more
- 5:23complex, you know, Athens, Sarta, all these intricate
- 5:26alliances, shouting wasn't enough anymore.
- 5:29I actually had to convince people.
- 5:30Right O By the 5th century BCE, they started sending their best
- 5:33orators and philosophers. Diplomacy became this highly
- 5:37intellectual debate. OK, but then the Romans take
- 5:39over and from what I understand the Romans were actually
- 5:42terrible at negotiating. Like they regressed.
- 5:44They completely deprioritized it.
- 5:46Yeah, Roman diplomats were mostly priests, and they acted
- 5:49more like archivists, just rigid administrators.
- 5:52Why though? If Rome is this massive
- 5:54superpower, why let those skills die?
- 5:57Was it just arrogance? Well, it's the reality of being
- 6:00a hegemon. If you have absolute military
- 6:03dominance, you don't really need to negotiate a middle ground,
- 6:06you just dictate the terms of surrender.
- 6:08Right. It's basically agree to this or
- 6:10we crush you. Exactly.
- 6:12So what mattered to Rome wasn't persuasion, it was legal record
- 6:16keeping, filing the treaty and strictly enforcing it.
- 6:19But then Rome falls, power shifts to the Byzantine Empire,
- 6:23and suddenly Byzantine diplomats are completely different from
- 6:27those Roman clerks. Because their reality was
- 6:29different. The Byzantines didn't have
- 6:31unassailable military dominance. They were surrounded by enemies,
- 6:34expanding caliphates, barbarian tribes.
- 6:37They couldn't just crush everyone, so they.
- 6:38Had to get creative. Very creative and ruthless.
- 6:42They basically dark artsified diplomacy.
- 6:44They used three main strategies. First, weaponizing rivalries.
- 6:48Like getting 2 enemies to fight each other.
- 6:50Exactly, They would fund one tribe just enough so they'd
- 6:53attack another tribe, keeping them both distracted.
- 6:55Second, they shamelessly bought peace.
- 6:58Massive bribes. And third, they used religion,
- 7:02converting tribes to Orthodox Christianity to bring them under
- 7:05their influence. So Byzantine diplomat is
- 7:07basically a spy. Essentially, yes.
- 7:10Their job was to embed in a foreign court, figure out who
- 7:13could be bought, find the internal weaknesses and send
- 7:16encrypted intelligence back to Constantinople.
- 7:18That brings us to Renaissance Italy around the 13th to 15th
- 7:22centuries. And this is a huge structural
- 7:25shift, right, The invention of the permanent ambassador.
- 7:28Yes, a massive innovation. You had all these wealthy,
- 7:30competitive city states in Italy, Venice, Florence, Milan.
- 7:34They realized that waiting for a crisis to send an envoy was too
- 7:37late. Because things were moving too
- 7:39fast. Right, so they started sending
- 7:41people to live in rival cities full time.
- 7:44Venice basically perfected this. They had massive archives of
- 7:47detailed instructions and daily intelligence reports.
- 7:50It became a lifelong profession. So Italy gives us the permanent
- 7:53residency model, but it was the French who really locked in the
- 7:56modern theory of diplomacy, right?
- 7:58Cardinal Richelieu in the 17th century.
- 8:00Yeah, Richelieu made a huge philosophical pivot.
- 8:04He argued that diplomacy shouldn't just be an ad hoc
- 8:06reaction to a crisis. It has to be a continuous
- 8:10systemic process of building relationships.
- 8:12It's like instead of hiring a plumber when a pipe bursts, you
- 8:15hire a full time engineer to maintain the pipe so they never
- 8:18burst at all. That is a perfect analogy.
- 8:20And France was so dominant at this that French actually
- 8:24replaced Latin as the language of diplomacy.
- 8:26Wow, really? Yeah, treaties used to be in
- 8:28Latin, like the Treaty Westphalia, but by the Congress
- 8:31of Vienna in 1815, French was the undisputed language.
- 8:35It stayed that way until English kind of pushed its way in after
- 8:38World War One. Which perfectly sets up the
- 8:41final big evolution. World War One ends, Woodrow
- 8:44Wilson brings out his 14 points and he basically detonates the
- 8:48old European model. He really did.
- 8:50Wilson hated the old system of secret bilateral treaties made
- 8:53in dark rooms by unaccountable aristocrats.
- 8:56He blamed that secrecy for dragging the world into the war.
- 8:59Right, his first point was open covenants of peace openly
- 9:02arrived at. Transparency.
- 9:04He wanted to pull statecraft into the light.
- 9:07He envisioned multilateral conference diplomacy.
- 9:10Instead of two guys whispering, you have dozens of nations at a
- 9:13giant table. Which eventually becomes the UN.
- 9:15Exactly. So that's the evolution of the
- 9:17mechanics. So the way.
- 9:18A state conducts diplomacy completely depends on how
- 9:21vulnerable they feel. Superpowers dictate, vulnerable
- 9:24states manipulate. But to really to understand that
- 9:27psychology, we need to look at how the ancients viewed the
- 9:29whole concept of a foreigner. Which brings us to Cleo and
- 9:34Aristotle. Right exopolitics, how they
- 9:36viewed the outside world. And to understand that, you have
- 9:39to grasp the Greek concept of physis versus polis.
- 9:42OK, break that down for. Us.
- 9:44For the Greeks, the polo, the physical city state, was
- 9:46civilization, border law, morality.
- 9:50Everything outside the polis was physics, which means nature.
- 9:54And nature wasn't a nice hike in the woods.
- 9:55No nature was savage, the law of the jungle, so the outside world
- 9:59full of non Greeks or Barbarians was seen as this chaotic
- 10:02infection just waiting to spread.
- 10:04And Plato was terrified of that infection.
- 10:07I mean, his views are intensely isolationist.
- 10:10He basically wanted to build a wall and hide.
- 10:12He really did. He thought interaction with the
- 10:14outside world, especially through free trade, most toxic.
- 10:18He argued that foreign trade brings in luxury goods which
- 10:22causes excessive consumption which leads to wealth
- 10:24inequality. And inequality destroys the
- 10:27state. In his view, absolutely.
- 10:30He was so terrified of it that he wanted to ban private
- 10:33citizens from engaging in commerce entirely.
- 10:36The state would have a total monopoly on trade.
- 10:39That is incredibly extreme. No private businesses across
- 10:42borders at all. And his rules for torrents are
- 10:45even crazier. He had these four highly
- 10:47regulated categories of visitors.
- 10:49Yes. Diplomats get full honors,
- 10:51scholars get some freedom. Merchants are strictly contained
- 10:53to specific markets. But the 4th category of private
- 10:56tourists is chilling. They had to be watched
- 10:57constantly by state officials. No talking to average citizens.
- 11:01He was terrified of foreign ideas corrupting domestic
- 11:04morals. Honestly, it sounds exactly like
- 11:06how modern authoritarian states operate today.
- 11:09Like getting a highly restricted tourist visa to North Korea with
- 11:13a state minder following you around.
- 11:15The parallels are definitely there.
- 11:17The fear of cultural contamination is an ancient
- 11:19anxiety. But.
- 11:20Logically, I have to push back on Plato here.
- 11:23You can't just build a fortress and expect to survive
- 11:25economically. A city state needs resources.
- 11:28And that is exactly what Aristotle pointed out.
- 11:30Aristotle was the realist. He looked at Plato's fortress
- 11:33and said, look, total self-sufficiency atarchia is
- 11:36impossible. You need to eat.
- 11:38You need bronze. Right.
- 11:40You can't produce everything internally, so Aristotle
- 11:43defended merchants and commercial treaties.
- 11:45He knew that isolation was a delusion.
- 11:47A smart state engages with the world prudently.
- 11:50It's the classic debate, protectionism versus global
- 11:53trade. But interestingly, they did
- 11:55agree on one big exopolitical issue, imperialism versus
- 11:58colonialism. Yes, though we have to be
- 12:00careful with definitions here because they view them
- 12:02differently than we do today. Both Plato and Aristotle hated
- 12:07imperialism. Really.
- 12:08Yes, they thought conquering and ruling over another equal state
- 12:12was illegitimate and would corrupt the ruler's soul.
- 12:14But they liked colonialism. Because to them a colony wasn't
- 12:18an empire extracting wealth, it was a demographic pressure
- 12:22release valve. If Athens got too crowded or if
- 12:25there was political unrest, they just sponsor a group of citizens
- 12:29to leave and build a brand new politically independent city.
- 12:32Just. Hey, the plumbing can't handle
- 12:33this many people. Go build a new town across the
- 12:36sea. Exactly.
- 12:37Tied by friendship, but not subjugated.
- 12:39OK, so to understand why Plato was so deeply paranoid about the
- 12:44outside world, we really have to look inward at his absolute
- 12:47contempt for democracy. Yes, his critique of democracy
- 12:50in the Republic is blistering. He saw it as a fatal
- 12:53vulnerability. He called it a denial of the
- 12:55principle of qualification. And the analogy here is so good.
- 12:59It's like if you need to hire a pilot for a commercial flight
- 13:02and instead of checking if they have flight hours, you hire the
- 13:05person who gives the best emotional speech about the
- 13:07clouds. That's the perfect way to put
- 13:09it. Plato thought it was completely
- 13:11hypocritical. In medicine, we demand an
- 13:13expert. In navigation, we demand an
- 13:15expert. But for the hardest job on
- 13:17earth, governing a state, democracy just lets anyone take
- 13:20over if they win a popularity contest.
- 13:22Which leads to his biggest fear, the orator, right?
- 13:26In a democracy, the currency isn't truth, it's persuasion.
- 13:29The order succeeds by telling the mob exactly what they want
- 13:32to hear, stocking their base desires.
- 13:35Because telling hard truths loses elections.
- 13:38Exactly, and Plato believe this inevitably leads to moral decay,
- 13:41chaos, and eventually a tyrant seizes control.
- 13:45So his solution is the philosopher king, but the resume
- 13:48for that job is insane. It's designed to be brutal.
- 13:51Decades of education. You can't even take power until
- 13:53you're 50, so your passions have cooled.
- 13:56But the craziest part isn't the age limit, it's that the
- 13:58Philosopher King isn't allowed to have any private property or
- 14:00a family. Right, this is his ultimate anti
- 14:03corruption measure. If a ruler has money, they'll
- 14:05use state power to get more. If they have kids, they'll
- 14:08create a dynasty. So to ensure total public
- 14:12spirit, the rule must own nothing.
- 14:14It's total self sacrifice. But The thing is, Plato actually
- 14:18tried to make this happen in the real world in Syracuse, and it
- 14:22was a complete disaster. Wasn't.
- 14:23It oh an absolute catastrophe. We know about it from this
- 14:26autobiographical text called The 7th Letter.
- 14:29Plato had a friend there named Dion, who invited Plato to tutor
- 14:32the new young tyrant of Syracuse, Dionysius the Younger.
- 14:36The dream scenario? Turn an autocrat into a
- 14:39philosopher king. But Dionysius was just a
- 14:41paranoid hedonistic autocrat. He just liked having the famous
- 14:45Plato around as a trophy. He got suspicious, exiled Dion,
- 14:49and brutally confiscated all of Dion's wealth.
- 14:51He basically sold off Dion's property and humiliated his
- 14:55family. It broke Plato's heart.
- 14:56He was trapped there completely disillusioned is the brutal
- 14:59collision of idealism and real world corruption.
- 15:01And that trauma led to a really massive philosophical pivot for
- 15:05Plato, something called the doctrine of the unwritten
- 15:07teachings. Yes.
- 15:09After failing to implement his written laws, Plato concluded
- 15:12that the deepest truths about justice simply cannot be written
- 15:15down. Which sounds paradoxical for a
- 15:17guy who wrote so much. It does, but he argued that
- 15:21written words are static. They're just shadows of reality.
- 15:25True wisdom only comes from a shared, lived experience of
- 15:29intense questioning. He compared it to a flame
- 15:31kindling another soul. You have to live it together
- 15:34exactly, which is beautiful, but a huge problem for statecraft.
- 15:38If isolation is impossible and philosopher kings fail, then
- 15:41conflict is inevitable. Which brings us to the dark side
- 15:45of this How did ancient thinkers justify war?
- 15:49Let's talk about the Just War theory.
- 15:51Right. This is one of the most
- 15:52agonizing intellectual projects in history.
- 15:54How do you draw a moral line between barbaric slaughter and a
- 15:57tragically necessary use of force?
- 15:59Plato just thought as economics. Yeah, expanding populations
- 16:02needing resources. But Cicero, the Roman
- 16:04philosopher, added a moral layer.
- 16:06He said war must be an absolute last resort and it's only
- 16:10legitimate goal is peace, not glory or plunder.
- 16:13But the real theological gymnastics happen when
- 16:15Christianity becomes the state religion of Rome.
- 16:18Exactly. Jesus teachings are explicitly
- 16:20pacifist. Turn the other cheek.
- 16:23But suddenly Christians are running an empire facing
- 16:25barbarian invasions. How do you reconcile that?
- 16:28And Saint Augustine is the one who has to figure that out.
- 16:30Yes. In the 5th century, Rome had
- 16:32just been sacked. Augustine leaned into the
- 16:34concept of original sin. He argued that in a fallen
- 16:37world, violence is sometimes a necessary remedy for sin.
- 16:41War as a remedy. He argued that doing nothing
- 16:44while the innocent are slaughtered is a greater sin
- 16:46than fighting, so a just war becomes a moral obligation to
- 16:50protect the innocent and secure peace.
- 16:52And then Thomas Aquinas later systematizes this into a legal
- 16:57framework in the 13th century using the Apostle Paul.
- 17:00Right Romans 13 Aquinas created the criteria for Jose Adbelem,
- 17:05the right to go to war. He had three main rules,
- 17:08legitimate authority, just cause, and just intentions.
- 17:11You can't just fight for greed, it has to be for a moral good.
- 17:14Exactly. And those evolved into the
- 17:16modern 6 fold criteria we use today.
- 17:18Let's run through those quickly. Sure, number one just cause
- 17:21usually self-defense against aggression #2 Lawful authority.
- 17:25Must be a state actor #3 good intention. #4 is last resort.
- 17:30All diplomacy must be exhausted. #5 Reasonable chance of success,
- 17:35You can't launch a suicidal war and #6 proportional means the
- 17:40force has to match the injury. And then there's Justin Bello.
- 17:43The rules for fighting, Protecting civilians, using
- 17:46appropriate force, obeying treaties.
- 17:48OK, I have to push back here. These rules sound noble on
- 17:51paper, but aren't they totally subjective?
- 17:54Every leader claims they tried everything, and they all claim
- 17:56their intentions are pure. Doesn't this just let any
- 17:59autocrat justify whatever they want?
- 18:01That is the exact vulnerability legal scholars worry about.
- 18:06The fog of geopolitics rarely has that kind of moral clarity.
- 18:10But we have to recognize the historical shift.
- 18:13Ancient kings fought for glory and bragged about it.
- 18:15Today, because of this framework, even cynical
- 18:18aggressors have to frame their violence in the moral language
- 18:21of just war. The international community
- 18:23demands it. Well, let's actually test that.
- 18:25Let's look at a modern conflict and see how these ancient
- 18:28criteria are applied. Let's examine the stated
- 18:31rhetoric around the Russia, Ukraine conflict.
- 18:33And to be absolutely clear, we are not taking making a
- 18:36political stance here. We're just impartially analyzing
- 18:39the source material. Absolutely.
- 18:41This is an intellectual autopsy of the stated justifications.
- 18:45So if we look at the underlying philosophy driving Russia's
- 18:48actions, the sources point to EUR Asianism.
- 18:51Where does that come? From it started in the 1920s
- 18:53with a thinker named Nikolai Drubetskoy.
- 18:56He rejected Western Eurocentrism and argued Russia should be a
- 18:59unique hybrid EUR Asian civilization.
- 19:02Rejecting the West, right? Then in the post Soviet era, Lev
- 19:05Gomilyov introduced the Super ethnos theory, the idea that a
- 19:09dominant ethnic group can evolve into a singular super
- 19:12civilization. And then Alexander Dugan
- 19:14weaponized that in the 90s. Yes.
- 19:16In his book The Foundations of Geopolitics, he argued it was
- 19:19Russia's destiny to absorb surrounding territories to block
- 19:22Western liberalism. And if you look at Vladimir
- 19:25Putin's stated justifications, they align perfectly with this.
- 19:30He's claimed to be defending traditional values against
- 19:32Western liberalism. He published that essay claiming
- 19:35Russians and Ukrainians are one people.
- 19:38Which is a direct application of the Super Ethnos concept.
- 19:41Right. Plus claims of defending
- 19:43territories that allegedly chose to align with Russia and the
- 19:46rhetoric about D nazification. But how does our source text
- 19:51actually evaluate those claims against the just WAR criteria?
- 19:55Impartially, the academic analysis concludes that fails on
- 19:58multiple fronts for just cause and protecting the innocent, the
- 20:02text notes Ukraine didn't instigate an unprovoked attack,
- 20:05and the massive civilian casualties violate the
- 20:07Augustinian principle of protection.
- 20:09What about last resort? The text argues nonviolent
- 20:12diplomacy was not conclusively exhausted before the invasion
- 20:14began. But it does meet one criterion
- 20:17theoretically. Legitimate authority.
- 20:19As the recognized head of state, Putin does technically possess
- 20:22the formal authority to command the armed forces.
- 20:25It's terrifying how a dormant philosophy from a century ago
- 20:29can be resurrected to justify a modern war.
- 20:32It really shows the power of narrative.
- 20:34Leaders fuse these ancient ideas like super ethnos with
- 20:38Augustine's protection of the innocent to create a
- 20:40justification. Even if the international
- 20:42community views it as illegal, words and philosophy are potent
- 20:47tools. Which brings us to the final
- 20:49piece of the puzzle. When conflict doesn't escalate
- 20:53to war, but it's an economic dispute, what happens to the
- 20:55billions of dollars in investments?
- 20:58How do we handle that without shooting?
- 21:00We use international arbitration.
- 21:01Right, because in the past, if a foreign government seized your
- 21:04property, you either begged your military to intervene or you
- 21:07sued the king in his own court, which never ends well.
- 21:10Exactly so. The world developed a private,
- 21:13legally binding alternative, and the linchpin of the whole system
- 21:16is the 1958 New York Convention. Which does what exactly?
- 21:20It guarantees cross-border enforceability.
- 21:23If a tribunal in London rules that a foreign company owes you
- 21:26money and they refuse to pay, you can take that award to a
- 21:29local judge where their assets are, say New York or Tokyo, and
- 21:33that judge is bound by treaty to seize those assets for you.
- 21:37So you can run, but your money can't hide.
- 21:40Exactly. It's incredibly powerful and
- 21:42arbitration offers a neutral forum, procedural flexibility,
- 21:46and you get to pick specialized experts instead of a random
- 21:49local judge. The sources mentioned ad hoc
- 21:52versus institutional arbitration.
- 21:54What's the difference? Ad hoc is DIY.
- 21:56You set the rules yourself. It's tailored, but if one side
- 21:58stops cooperating, the whole thing derails.
- 22:00Because institutional is safer, yes.
- 22:03Institutions like the ICC in Paris, the LCIA in London or the
- 22:06ICDR in the US, they administer the process and keep it on
- 22:10track. OK, that makes sense for two
- 22:11companies. But what about investor state
- 22:13disputes? The sources talked about
- 22:15bilateral investment treaties or BITS, and this concept called
- 22:18arbitration without privity. What does that mean?
- 22:21Privity means a direct contract, so arbitration without brevity
- 22:26means a foreign corporation can directly sue a host government
- 22:30in an international tribunal, even if they never signed a
- 22:33contract with that specific government.
- 22:36The right to sue is baked into the treaty between the two
- 22:39countries. Let me make sure I'm getting
- 22:40this. Say I build a $2 billion power
- 22:43plant in a developing country. A new government takes over and
- 22:46instead of violently seizing it, they do something sneaky.
- 22:49They pass targeted tax hikes and environmental rules that make it
- 22:53impossible for my plant to operate.
- 22:55That's called creeping expropriation.
- 22:57Right. So under AB IT, instead of
- 22:59starting a war or suing in their biased courts, I can drag that
- 23:03sovereign nation to a tribunal in Geneva and demand billions.
- 23:08That's exactly how it works. I have to push back hard on
- 23:10that. A private, unelected company
- 23:12suing A sovereign nation outside its own courts?
- 23:15That sounds like a massive surrender of national
- 23:17sovereignty. It's literally Plato's nightmare
- 23:20of foreign capital taking over. Why would any state agree to
- 23:23that? It is a surrender of
- 23:24sovereignty, but states do it for one reason, to attract
- 23:28foreign capital. They need the investment.
- 23:30Right. A company won't build that
- 23:32billion dollar plant if they think it'll be stolen.
- 23:35By signing the treaty, the state trades a slice of sovereignty to
- 23:38prove their hands are tied, which builds trust and brings in
- 23:41money. And the protections are huge.
- 23:43Protection against expropriation, fair and
- 23:46equitable treatment, and most favored nation status.
- 23:49It's an invisible web of law governing trillions of dollars.
- 23:52It really is. And that brings us to the end of
- 23:55our journey today. We've covered everything from
- 23:57ancient Greek heralds to Plato's fortress, the agonizing theology
- 24:01of just war, modern conflict rhetoric, and finally these wood
- 24:06paneled arbitration rooms in Geneva.
- 24:08We really ran the spectrum of human conflict resolution.
- 24:12It shows that the human struggle for order hasn't changed, only
- 24:15the mechanisms have. Which leaves us with a final
- 24:18provocative thought. Earlier we talked about Plato's
- 24:217th letter. He believed that true justice
- 24:23couldn't be written down. It had to be a living flame
- 24:26shared between people. Right, because written laws are
- 24:29just rigid shadows. But look at the world today.
- 24:32Our entire global order, the UN bilateral investment treaties,
- 24:35the New York Convention, it all relies entirely on the written
- 24:39word. Absolutely everything is
- 24:40codified. So the question to leave you
- 24:42with is this, are we actually building a more peaceful world
- 24:46through these massive legal contracts?
- 24:49Or by relying so heavily on specialized lawyers and 10s of
- 24:53thousands of pages of text, have we simply lost that share human
- 24:58flame of justice that Plato thought was the only true way to
- 25:02govern? It's a profound question about
- 25:03the future of international relations.
- 25:05And we'll let you Mull that over on your own.
- 25:07Thank you so much for joining us for this analysis.
- 25:09Please remember to follow the podcast.
- 25:11And if you have a second, leave us a five star rating.
- 25:13It really helps expand our reach.
- 25:15Next time you see a diplomat at the UN or a corporate lawyer
- 25:18with a massive contract, just remember they're part of an
- 25:21unbroken chain stretching all the way back to a guy with a
- 25:24loud voice and a folded piece of metal.
- 25:26Thanks for listening.