Tag: pirate

Law Waves U.S. Flag at Pirates

Yesterday the U.S. House passed by voice vote a resolution praising the captain and crew of the U.S.-flagged ship Maersk Alabama that was seized by Somali pirates earlier this month. It was a riveting story that ended well for the brave crew and their Captain Richard Phillips, thanks to the work of Navy Seal sharpshooters. But one question that has yet to be adequately discussed is just what that ship was doing over in such dangerous waters off the coast of strife-torn Somalia.

The answer may surprise you: the U.S. government sent them there.

The ship and its American crew of 20 were delivering U.S.-government food aid to Africa. Under the Food Security Act of 1985, food aid sponsored by the U.S. Department of Agriculture and the U.S. Agency for International Development must in most cases be delivered by U.S.-owned, flagged and crewed ships. The law is one of several, including the Jones Act, that are designed to steer business to generally high-cost U.S. shipping companies.

The laws in that narrow sense have worked: While 95 percent of international cargo arriving in the United States each year is carried by lower-cost, non-U.S.-flagged ships, 83 percent of U.S.-sponsored food-aid cargo is carried by U.S.-flagged ships. [You can read a WTO critique of U.S. cargo shipping preference programs beginning on page 121 of its 2008 review of U.S. trade policy.]

Such laws are anti-competitive and cost U.S. companies and taxpayers millions of dollars a year in higher shipping costs. But the case of the Maersk Alabama reveals another unintended cost. Almost by definition, food aid goes to regions troubled by war, civil strife and oppressive governments. The Food Security Act essentially requires American civilians to be inserted into dangerous places, which creates yet another inviting target for pirates and another argument for a U.S. military presence.

The U.S. government could ship its official cargo at lower costs, and keep civilian American citizens out of harm’s way, by repealing all its protectionist, anti-competitive cargo preference laws.

Week in Review: Tax Day, Pirates and Cuba

Tax Day: The Nightmare from Which There’s No Waking Up

Cato scholars were busy exposing the burden of the American tax system on Wednesday, the deadline to file 2008 tax returns.

At CNSNews.com, tax analyst Chris Edwards argued that policymakers should give Americans the simple and low-rate tax code they deserve:

The outlook for American taxpayers is pretty grim. The federal tax code is getting more complex, the president is proposing tax hikes on high-earners, businesses, and energy consumers; and huge deficits may create pressure for further increases down the road…

The solution to all these problems is to rip out the income tax and replace it with a low-rate flat tax, as two dozen other nations have done.

At Townhall, Dan Mitchell excoriated the complexity of the current tax code:

Beginning as a simple two-page form in 1913, the Internal Revenue Code has morphed into a complex nightmare that simultaneously hinders compliance by honest people and rewards cheating by Washington insiders and other dishonest people.

But that is just the tip of the iceberg. The tax code also penalizes economic growth, distorts taxpayer behavior, undermines American competitiveness, invites corruption and promotes inefficiency.

Mitchell appeared on MSNBC, arguing that every American will soon see massive tax hikes, despite Washington rhetoric.

Don’t miss the new Cato video that highlights just how troubling the American tax code really is.

U.S. Navy Rescues Captain Held Hostage by Somali Pirates

gallery-somali-pirates-pi-003USA Today reports that the captain of a merchant vessel that was attacked by Somali pirates was freed Monday when Navy SEAL sharpshooters killed the pirates. The episode raises a larger question: How should the United States respond to the growing threat of piracy in the region?

Writing shortly after Capt. Richard Phillips was freed, foreign policy expert Benjamin Friedman explained the reasons behind the increase in piracy:

It’s worth noting the current level of American concern about piracy is overblown. As Peter Van Doren pointed out to me the other day, the right way to think about this problem is that pirates are imposing a tax on shipping in their area. They are a bit like a pseudo-government, as Alexander the Great apparently learned. The tax amounts to $20-40 million a year, which is, as Ken Menkhaus put it in this Washington Post online forum, a “nuisance tax for global shipping.”

The reason ships are being hijacked along the Somali coast is because there are still ships sailing down the Somali coast. Piracy is evidently not a big enough problem to encourage many shippers to use alternative shipping routes. In addition, shippers apparently find it cheaper to pay ransom than to pay insurance for armed guards and deal with the added legal hassle in port. The provision of naval vessels to the region is an attempted subsidy to the shippers, and ultimately consumers of their goods, albeit one governments have traditionally paid. Whether or not that subsidy is cheaper than letting the market actors sort it out remains unclear to me.

Appearing on Russia Today, Friedman discussed the implications of the increased threat and what ships can do to avoid future incidents with Somali pirates.

Since the problems at sea are related to problems on Somali land, what can Western nations do to decrease poverty and lawlessness on the African continent? Dambisa Moyo, author of Dead Aid, argued at a Cato Policy Forum last week that the best way to combat these issues is to halt government-to-government aid, and proposed an “aid-free solution” to development based on the experience of successful African countries.

Obama Lifts Some Travel Bans on Cuba

The Washington Post reports:

President Obama is lifting some restrictions on Cuban Americans’ contact with Cuba and allowing U.S. telecom companies to operate there, opening up the communist island nation to more cellular and satellite service… The decision does not lift the trade embargo on Cuba but eases the prohibitions that have restricted Cuban Americans from visiting their relatives and has limited what they can send back home.

In the new Cato Handbook for Policymakers, Juan Carlos Hidalgo and Ian Vasquez recommend a number of policy initiatives for future relations with Cuba, including ending all trade sanctions on Cuba and allowing U.S. citizens and companies to visit and establish businesses as they see fit; and moving toward the normalization of diplomatic relations with the island nation.

While Obama’s plan is a small step in the right direction, Hidalgo argues in a Cato Daily Podcast that Obama should take further steps to lift the travel ban and open Cuba to all Americans.

Topics:

Fighting Piracy through Nation Building?

Even though I was on vacation last week, I followed the story of the Maersk-Alabama and Captain Richard Phillips with great interest. And I exulted when three of the four pirates met their end. The safe return of the Maersk-Alabama and her entire crew was a clear win for the cause of justice, and could serve as a model. Future efforts to protect ships from pirates are likely to include some combination of greater vigilance on the part of the shipping companies and crews, in collaboration with the navies of the many different nations who have an interest in keeping the sea lanes open and free. (This is one of the themes that I develop in my new book, and that I will discuss next Monday at Cato.)

We do not need to reorient our grand strategy to deal with pirates. We don’t need to reshape the U.S. Navy to fight a motley band of young men in leaky boats. As my colleague Ben Friedman has written, piracy is a problem, but decidedly minor relative to many other global security challenges.

But some are criticizing the approach taken to resolve last week’s standoff. They say that the only way to truly eliminate the piracy problem is to attack and ultimately clean out the pirates’ sanctuaries in lawless Somalia. This “solution” fits well with the broader push within the Washington foreign policy community that would deal with our security problems by fixing failed states.

I have gone on at length, usually with my colleagues Justin Logan and Ben Friedman, on the many reasons why an overarching strategy for fixing failed states is unwise and unnecessary. I won’t expand on that thesis here, other than to point out that of all failed states in the world, Somalia is arguably the most failed. “Fixing” it would require a massive investment of personnel, money, and time — resources that would be better spent elsewhere.

Mackubin Owens offers one of the more intriguing defenses of this approach in a just published e-note for the Foreign Policy Research Institute. Owens likens a strategy of fixing Somalia to Gen. Andrew Jackson’s military operations in Florida, a story that features prominently in John Lewis Gaddis’s Surprise, Security and the American Experience. As Owens notes, when some members of President James Monroe’s cabinet wanted to punish Jackson for exceeding his mandate — in the course of his military campaign he captured and executed two British citizens accused of cavorting with the marauders who had attacked American citizens — Secretary of State John Quincy Adams jumped to Jackson’s defense and proposed a different tack. He demanded that Spain either take responsibility for cleaning up Florida or else give it up. And we all know what happened. Under the terms of Adams-Onis Treaty of 1819, Florida became a territory of the United States. Some 26 years later, it became our 27th state.

I’ve vacationed in Florida many times. Walt Disney World is wonderful for the kids; I’ve been there six times. I spent three memorable days watching March Madness in Miami a few years back. Spring training baseball is great fun. Adams couldn’t have imagined any of these things when he acquired a vast swampland; he cared only that Florida under Spanish control, or lack thereof, posed a threat.

Here is where the parallels to the present day get complicated. I’ll admit that I’ve never been to Somalia. Perhaps they have their own version of South Beach, or could have some day. But I’m frankly baffled by the mere intimation that our national security is so threatened by chaos there that we need to take ownership of the country’s — or the entire Horn of Africa’s — problems.

And yet, that is what many people believe. And this is not a new phenomenon. In many respects, we have chosen to treat all of the world’s ungoverned spaces as the modern-day equivalent of Spanish Florida.

Max Boot and Robert Kaplan compare U.S. military operations in the 21st century to the westward territorial expansion of the 19th century. In 1994, Kaplan authored one of the seminal works in this genre, “The Coming Anarchy,” in which he advised Western strategists to start concerning themselves with “what is occurring … throughout West Africa and much of the underdeveloped world: the withering away of central governments, the rise of tribal and regional domains, the unchecked spread of disease, and the growing pervasiveness of war.” Less than two years later, William Kristol and Robert Kagan wrote, “American hegemony is the only reliable defense against a breakdown of peace and international order.” Boot in 2003 advised Americans to unabashedly embrace imperialism. “Afghanistan and other troubled lands,” he wrote, “cry out for the sort of enlightened foreign administration once provided by self-confident Englishmen in jodhpurs and pith helmets.”

Americans have resisted such advice, and with good reason. The world will not descend down the path to total ruin if the United States hews to a restrained foreign policy focused on preserving its national security and advancing its vital interests. That is because there are other governments in other countries, pursuing similar policies aimed at preserving their security, and regional — much less global — chaos is hardly in their interests. The primary obligation of any government is to defend its citizens from threats. Curiously, our conduct in recent years suggests that U.S. policymakers doubt that other governments see their responsibilities in this way. Indeed, we have constructed and maintained a vast military largely on the grounds that we, and we alone, must police the entire planet.

In The Power Problem, I quote Machiavelli, who noted in his discourses: “Men always commit the error of not knowing where to limit their hopes, and by trusting to these rather than to a just measure of their resources, they are generally ruined.” I continue:

As Machiavelli would have predicted, the notion of what Americans must do to preserve and advance our own security has steadily expanded over the years to encompass the defense of others. Seemingly unconstrained by the resources at our disposal, we are driven by our dreams of fashioning a new global order. But we are also driven by false fears. We believe that we can only be secure if others are secure, that insecurity anywhere poses a threat to Americans everywhere. If someone on the other side of the planet sneezes, the United States is supposedly in danger of catching pneumonia. The putative cure is preventive war. Such geostrategic “hypochondria” has gotten us all into much trouble over the years. We would be wise to take measure of our relative health and vitality, and not confuse a head cold with cancer.

[Cross-posted from PSA’s Across the Aisle]

Pirates as Proto-Governments? You Bet!

I have to confess I don’t understand why Roger Pilon and Ilya Shapiro are criticizing our colleagues Ben Friedman and Peter Van Doren below.  At the risk of being cast as yet another cog in the insidious piratofascist fifth column, I’d like to defend Ben and Peter.

Roger and Ilya reproach Ben and Peter for likening pirates to “pseudo-governments” and mount an impassioned defense of the nation-state as deserving a place in a different category from pirates.

On the distinction between the two, they write: “A tax, at least in principle, and most often in practice, is a charge for a service rendered –- not necessarily a wanted or an evenly distributed service, to be sure…”  To be sure, indeed!  There’s a term for charging people for an unevenly distributed and unwanted service.  It’s called racketeering.  Their description of taxation could apply quite well to a mafia.

Roger and Ilya would prefer to keep pirates and governments in two discrete categories but provide little reason why other than the above.  But if they dislike the analogy, their problem is not with Ben or Peter or Noam Chomsky or St. Augustine, but rather with a body of well-developed academic literature.  In particular, one of the preeminent scholars of the formation of national states, the late Charles Tilly, wrote a famous book titled Coercion, Capital, and European States that would help color in the gaps for them.  The short version is that European elites came to form national states as a means for protecting their fiefdoms from other proto-states, which frequently had predatory aims, and that this process sometimes had the incidental effect of protecting the populaces that lived under state jurisdiction and could be used as means for making war against the neighbors.

Tilly also wrote a well-known essay titled “War Making and State Making As Organized Crime” that makes the following claim: “Banditry, piracy, gangland rivalry, policing, and war making all belong on the same continuum.” Tilly went on:

In retrospect, the pacification, cooptation, or elimination of fractious rivals to the sovereign seems an awesome, noble, prescient enterprise, destined to bring peace to a people; yet it followed almost ineluctably from the logic of expanding power. If a power holder was to gain from the provision of protection, his competitors had to yield. As economic historian Frederic Lane put it twenty-five years ago, governments are in the business of selling protection … whether people want it or not.

Governments and pirates both “put the victim to a choice between two of his entitlements – his freedom and his property.”  In the literature on state formation, this isn’t a controversial point.  I’m really surprised to see that it is for two libertarians.

Pirates as Tax Collectors?

[Co-authored with Ilya Shapiro.]

As we suspected, with world attention focused on the just-concluded piracy standoff, it was only a matter of time before someone would write something like this: “the right way to think about this problem is that pirates are imposing a tax on shipping in their area. They are a bit like a pseudo-government.” Perhaps the Mafia too –- “pay, or we break your legs” –- is like a pseudo-government.

The difference between a tax and extortion is not subtle, even if it seems to have escaped the cited authorities, including Noam Chomsky. A tax, at least in principle, and most often in practice, is a charge for a service rendered –- not necessarily a wanted or an evenly distributed service, to be sure, but most relevant here, protection from third-party pirates and other lawless predators, domestic and foreign. By contrast, a pirate’s shakedown puts the victim to a choice between two of his entitlements –- his freedom and his property. That distinction –- again, hardly subtle –- is what prompted us to leave the state of nature. Those who would like to return to that state will find it waiting for them on the horn of Africa.