Utopia, you are standing in it!

Introduction

The possibility of extending the Article 50 process is being discussed in media outlets and social media. There are a number of potential scenarios where a short extension might be sought:

1. to implement the Withdrawal Agreement in law
2. to manage the process of a no deal Brexit
3. to hold a general election
4. to hold a second referendum

This post seeks to explore some of the legal questions that arise if an extension were attempted. It should be noted that the effect of an extension would be to continue membership of the EU, for the time being. It will be assumed, solely for the purposes of this post, that political agreement of the EU is obtained to extend the Article 50 period as required as a matter of EU law.

In reality, such consent cannot be assumed, as Eleanor Sharpston has pointed out. She also suggests that it might…

Faced with thousand of furious rural voters sick of being overrun by industrial wind turbines, Poland has effectively banned all new onshore wind farms.

The prices fixed for new wind power contracts are so low as to mock hopeful developers, making it highly unlikely that any new contracts will be entered.

And, clearly spooked by hostile rural voters, the government has determined that every last wind turbine must be removed from Polish soil by 2035, including their monstrous 3-400 m³ steel reinforced concrete bases.

The hostility to wind power is not limited to rural communities, voters across the country are furious about spiralling power costs, too.

The result is due in no small part to lawyer, Marcin Przychodzki, the founder of the “Stop Wiatrakom” (“Stop the Wind Farms”) blog – who is now the Director of the Ministry’s of Infrastructure Legal Department.

The translation below is a…

Despite a very lively campaign that has so far included the dismantling of previous alliances, the registration of numerous new parties and the standing down of some veteran Israeli politicians, BBC reporting on Israel’s upcoming April 9^th general election has to date been confined to a report about the announcement of the election and a mention in a subsequent BBC Radio 4 programme which ignored that announcement.

Before the BBC’s Jerusalem bureau commences coverage of the 2019 election it is worth taking a look at its record of reporting on previous Israeli elections.

In the 2013  election the BBC’s reporting focused predominantly on one side of the political map and presented Israel as a country lurching rightward while depicting that perceived shift as the sole reason for the predicted failure to make progress in the peace process. When that predicted lurch to the right did not happen, some…

I know I talk about lighthouses a lot. This is because they are economically relevant. They are the penultimate example of public goods and they underlie all positive (i.e. scientific) justifications for state-provision of public goods. However, economic theory has whitewashed the history of the lighthouse in order to make this case. In reality, the lighthouse never was a public good and it never was, before the 19th century, the main way of providing maritime safety. Alongside Rosolino Candela, in a new working paper, I provide a ton of historical evidence showing that it was a complement to private goods and services such as pilotage and ballastage. Because it was a complement to other goods, it could be privately provided through bundling. That option was prohibited, however, by rent-seeking and monopoly privileges granted to firms/guilds involved in the production of the private goods that could (and did) produce lighthouses and…

A monkey wrench in the Works.

Previous posts have followed the twists and turns of the lawsuit Juliana vs. US, initiated and funded by Our Children’s Trust.  In November the Supreme Court signaled their desire that lower courts rein in the scope of the lawsuit.  The District Court backed off and now the Ninth Circuit Court will take up the appeal in advance of any trial activity.  The significance and implications are described in an article by Karen Savage at Climate Liability News Appeals Court OKs Pre-Trial Appeal of Kids Climate Case, Siding With Government  Excerpts in italics with my bolds.

The Ninth Circuit Court of Appeals has granted a petition by the Trump administration for a rare pre-trial appeal in the landmark constitutional climate lawsuit, Juliana v. United States. The appeals court agreed to the interlocutory appeal, which leaves the future progress of the case unclear.

Generally, interlocutory appeals…

Potted biography

Orwell was born Eric Arthur Blair to a civil servant in India in 1903. The family moved back to England in 1907 and sent young Eric, first to prep school near Eastbourne, then to Eton, where he met other boys who were to be among the literary luminaries of his generation. In other words he was brought up to be the toffiest of the toffs. However, unlike most of his literary contemporaries, Eric decided not to go on to Oxford or Cambridge but instead enlisted in the Indian Imperial Police and returned to Burma. Here he served from 1922 until 1927, wielding great responsibility for large provinces and huge numbers of ‘natives’.

Slowly he lost his faith in the Imperial mission, and came to dislike his role. One contemporary said he had an unusual sympathy for the natives and went to the unprecedented lengths of learning their language…

Empire – as the assertion of mastery (by influence or rule) by one ethnic group, or its rulers, over a number of others – has been the political rule of the road over much of the world and over most of world history: the default mode of state organisation. (p.7)

This is a much more sober, earnest and thoughtful account of the British Empire than Niall Ferguson’s popular blockbuster, Empire. Whereas Ferguson references popular myths and preconceptions in order to puncture them in the manner of a swashbuckling columnist, Darwin is the cautious scholar, thoughtfully engaging with the voluminous literature of other historians on the subject – which makes his book a much denser, more challenging, but hugely more rewarding read.

The medieval origins

Ferguson’s account starts with the Elizabethans establishing plantations in Ireland and America at the same time as they set up their own offshoot of the…