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872   17 November 2003   

Lawyers, and the Law, have failed...

This is not a good time to be a lawyer, in the public arena.  Because legal institutions have failed to nail the greatest illegality of my lifetime, namely the aggression against Iraq.  There is not a single credible international lawyer in the world who regards the US/UK action as lawful - Attorney General Goldsmith has shown himself to be no great international lawyer.  The remit of the International Criminal Court has proved too narrow to nail the aggressors, even Blair (who is formally subject to its jurisdiction).  And no legal action through the Courts, in the USA, UK or other EU countries, has reached lift-off. 

True, diplomatic pressure and public opinion are gradually wearing Bush down, and the continuing illegality of the joint Occupation is weakening both Governments.  Naomi Klein hammered this message home last week, in
The Guardian.  It will be a long process of attrition, as those upholding the UN continue to withhold their support.

  • But we cannot escape the stark conclusion.  The Law has failed.  Might has triumphed over Right, with UK blessing and support.  And that is why I am ashamed, both of being British, and of being a lawyer...

Do you share my disillusionment?  Are you also a lawyer?  Drop me a line

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873  24 November 2003  

My judgement
as Trustee

This week I have had to confront my own view of the future.  As trustee of a charity which holds trust funds, I am legally required to review regularly the investment of those funds, which have been held in "safe" money market accounts for the last couple of years, during the bear market.  Is this the time, we had to ask ourselves, to make a move into equities, and re-invest part or all of our resources in stocks and shares?  We deliberated long and hard, with the best available professional advice.  The exercise is a profound and salutary one, and rightly demanded of all charity trustees.

I realised that I was profoundly pessimistic about the future, and had to give the answer "No..."  These were my reasons.

I acknowledge that all Stock Markets have shown signs of real revival, and that the financial press has been talking up the improvements, on both sides of the Atlantic. There are even reports of marginal improvements in embattled economies of Japan and Germany.  I acknowledge that these changes are real, albeit feeble, and that share prices are rising in anticipation of future growth.  And if I were a wealthy gambler who could afford to lose a few £million, I would be reaching for my cheque-book.

But for charity trustees, the question is a different one.  The funds are not our own.  It would be a disaster if these "market improvements" proved to be another false dawn in the revival of global confidence, and further losses were to be experienced.  And the threats to global confidence are all around.

The US/UK Coalition is still mired in the most awful, destructive, destabilising occupation of Iraq, with no end in sight. The Coalition has unleashed a whirlwind of fundamentalist terrorism which still has a long way to run.  And in its preoccupation with military responses (rather than investing in enhanced intelligence networks), the Coalition is deploying the wrong methods to deal with the problem.  Meanwhile, the Palestinian conflict continues to fester, destabilising the key "Middle East" sector and the Arab Muslim world.

There is no sign that either Bush or Blair will be removed from office within the near future: this is a bleak prospect, because they both lack depth and substance of character, and are easily swayed by events.  There remains the possibility that an isolated American consumerate will be cajoled into an ill-informed optimism during 2004 in the run-up to the Presidential Election, but even that must be in doubt.

The United Nations, the world's best hope of generating a peaceful order for the successful conduct of world trade, remains weak and demoralised, continually undermined by George Bush and Tony Blair.  George Bush seems committed even to ignoring the steel-tariff verdict of the World Trade Organisation.

The Russian economy remains weak, and will not take up a leading role for many years; the Indian economy is improving but still very, very slowly.  China represents a great engine of global growth, but it is still a relatively "small economy", and no satisfactory institutional way has been found of integrating it into the global economy - it is a "wild card".

Europe remains fractured politically by the UK's illegal and ill-advised Iraq adventure, and will limp towards its great expansion in enfeebled form.  It is becoming increasingly difficult for the UK consumer to believe in future economic growth: manufacturing employment is bound to decline further, given the strength of £-sterling and the attraction of low-wage economies.  The UK system of unemployment benefit is entirely inadequate, and will fail to maintain consumer spending, in the event of rising unemployment.  And with personal domestic borrowing at a high level, consumers have little by way of a cushion to survive a weakening employment market.

I can find little, in this scenario, to support an optimistic view of 2004.  And so I voted to leave our Trust funds in their "safe haven" of a money-market deposit fund.  My hope is that, by the time of the next Investment Review in February, some my concerns will have been modified.

  • But, with pessimism still entrenched, I doubt it.

What would you have done?  Are you more optimistic than I am?  Drop me a line

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