Sean D. Murphy et al., “Litigating War: Mass Civil Injury and the Eritrea-Ethiopia Claims Commission” (Oxford UP, 2013)

04/06/14 • 53 min

Professor Sean D. Murphy is the Patricia Roberts Harris Research Professor of Law at George Washington University and co-author of the book Litigating War: Mass Civil Injury and the Eritrea-Ethiopia Claims Commission (Oxford University Press, 2013) with Won Kidane, Associate Professor of Law at the Seattle University Law School, and Thomas R. Snider, an international arbitrator at Greenberg Taurig. Their book goes to the heart and intricacies of the Eritrea-Ethiopia Claims Commission. Its analysis and comprehensiveness is certainly insightful and is a must-read for anyone wanting to learn about the commission and its context. Professor Murphy discusses with us some of the contents of the book, providing details on the war that occasioned the commission, the commission’s establishment, its jurisdiction and other very pertinent issues relating to the commission’s work.

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Previous Episode

Odette Lienau, “Rethinking Sovereign Debt” (Harvard UP, 2014)

In 1927 Russian-American legal theorist Alexander Sack introduced the doctrine of “odious debt.” Sack argued that a state’s debt is “odious” and should not be transferable to successor governments after a revolution, if it was incurred without the consent of the people; and not for their benefit.

This doctrine has largely been rejected, with a firm presumption of “sovereign continuity” emerging instead: post-revolutionary governments must repay sovereign debt even if it was incurred to cover the personal expenses of plutocrats. If they fail to do so, their credit reputation is harmed. As Odette Lienau explains in a striking line, “we can now imagine prosecuting the leaders of a fallen regime for crimes against a state’s population while simultaneously asking that population to acknowledge and repay the fallen regime’s debts.”

In Rethinking Sovereign Debt: Politics, Reputation, and Legitimacy in Modern Finance (Harvard University Press, 2014), Lienau unfolds the historical conditions from which this seeming inconsistency emerged. Seamlessly moving between case studies from the early 20th century to the present, Lienau discusses several different versions of this puzzle. Ultimately, Lienau ends up rejecting “sovereign continuity,” and arguing for the recognition of “principled default.”

With revolutions and uprisings across the Middle East, and in Ukraine, this book’s argument will likely provoke lively discussion among lawyers, economists, political theorists, and historians. But lay people should ideally engage with the ideas as well. The book gives an extraordinary point of access into what is at stake in the work of enormous international organizations, such as the World Bank.

*Photo by Frank DiMeo

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Next Episode

Miriam Kingsberg, “Moral Nation: Modern Japan and Narcotics in Global History” (University of California Press, 2013)

Miriam Kingsberg‘s fascinating new book offers both a political and social history of modern Japan and a global history of narcotics in the modern world. Moral Nation: Modern Japan and Narcotics in Global History (University of California Press, 2013) locates the emergence of a series of three “moral crusades” against narcotics that each accompanied a perceived crisis in collective values and political legitimacy in nineteenth and twentieth century Japan.

In the first moral crisis after the Sino-Japanese War of 1894-5, opium became a symbol of difference between Japan and an “Other” epitomized by Qing China, as Japan sought to “leave Asia” and “enter” the West. Here, Kingsberg traces a series of attempts to regulate drug use in Taiwan in the wake of Japan’s transformation into a formal empire. Between the end of WWI and Japan’s defeat in WWII, Japan saw its second moral crisis as it navigated the most protracted and intense moral crusade against narcotics in its history. The central chapters of Kingsberg’s book trace this second crisis, paying special attention to Japanese colonial rule in Korea and in the Kwantung Leased Territory (KLT) in southern Manchuria as Korea became the “global capital of morphine” and the KLT port handled “the second-highest volume of banned drugs in the world.” The third moral crisis brings us to the end of Moral Nation and the thick of the “hiropon age” of the 1950s, when methamphetamine production and usage skyrocketed in postwar Japan and the nation saw its first full-fledged domestic drug plight. Kingsberg locates a changing cast of “moral entrepreneurs” who motivated these three crises, shedding light on the formative roles of merchants and mass society in this chapter of global narcotic history. It is a wonderful, meticulously researched book that contributes significantly to the histories of Japan, of drugs, and of global politics. Enjoy!

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