Showing posts with label India. Show all posts
Showing posts with label India. Show all posts

01 September 2025

Labor Day Musings

* The state of labor in one chart:

The failure of businesses to share productivity increases with their workers starting in the early 1970s is the root cause of a lot of the current political reality in the United States. In my view, the decline of private sector union membership is more a product of declining worker economic power than a cause of this shift, but that's an open question in economics.

* The number of immigrants in the U.S. labor force has fallen by 1.2 million since Trump started his second term. According to the Wall Street Journal: "With zero net immigration, Apollo Chief Economist Torsten Slok estimates, the U.S. economy would be able to sustainably add only about 24,000 nonfarm jobs a month, compared with an average 155,000 from 2015 through 2024."

Agriculture (overwhelmingly in "red America") in the U.S. is particularly suffering both due to tariffs and due to the immigration crackdown that is cutting into the agricultural labor workforce. Nebraska and Iowa saw their state GDPs fall at an annualized rate of 6.1% in the first quarter of 2025.  Those tariffs were found to be mostly illegal by the U.S. Court of International Trade in a ruling affirmed by the U.S. Court of Appeals for the Federal Circuit in a 7-4 ruling. The effect of the ruling is on hold until mid-October pending a petition for certiorari to the U.S. Supreme Court which has consistently ruled in favor of Trump despite his weak legal arguments.

The anti-immigrant fervor is driven by two main factors: (1) the economic stagnation of working age men without any college education who native born white men attribute to immigrants, international trade, and civil rights for women and minorities, and (2) the fear of white protestants in places with few immigrants that their culture will cease to be dominant.

* Courts in India are very slow.

[I]n one recent example a Delhi court concluded a property dispute after 66 years. Both the original litigants were dead. Still, the lawyer for one of the warring parties cautioned that the conclusion was in fact not the end, as the ruling would be appealed.

Three years ago, after pondering a dispute for 16 years, the supreme court sent back a 60-year-old land case for fresh adjudication to a lower court, which had already taken over 30 years to give its judgment in 2006.

A 2021 study of Mumbai real estate found that more than a quarter of the projects under planning or construction and 43 per cent of all “built-up spaces” in the city were under some litigation. My apartment block was one of them.

…One of the reasons for this accumulation is human resources. India has around 16 judges per million people, compared to over 150 for the US. In 2016, the issue brought the country’s chief justice, TS Thakur, to tears during a speech as he requested that the government hire more judges to wade through the “avalanche” of backlog.

For what it is worth, there are far fewer judges per capita in the U.S. than in Europe, even though the total number of legally trained professionals in the U.S. and in Europe per capita are similar.

The lack of state capacity in the area of courts means that property and contract rights and other forms of private law are weaker, which is bad for the economy.

* Adults in the U.S. are having sex less often (the decline is at least as great among high school students). It is basically a coincidence, but my children were conceived right around "peak sex" in the recent history of the United states.


* Wildfires are at record high in Europe due to climate change.


* The U.S. housing market is starting to favor smaller single family homes again after a peak in roughly 2014. Single family houses in the U.S. are still, on average, much larger than they were 30 years ago.


* A mere 6.0 magnitude earthquake in Afghanistan, shortly before midnight on August 31, 2025, was enough to cause at least 800 deaths and 2500 injuries.

* "Flukewarm": That feeling when you're reluctant to make a recipe, because the last time you made it, it came out perfectly. But it was a fluke, you're not sure what you did right, and you're worried you won't be able to repeat your past success.

* Last Saturday, I went to a store to buy a blind spot warning system for my car. They weren't available in 2015 when I bought it. But, I couldn't. Tariffs have delays shipments of cars parts like that one by more than a month and have greatly increased the price of those parts.

* As our country devolves into a civil war, ICE agents in unmarked cars wearing masks and not displaying their badges are unlawful combatants, and are thus they are not entitled to the protections of the Geneva Conventions. Instead, they are terrorists who are not entitled to the protections of legitimate combatants under the laws of war. They also aren't entitled to the peacetime protections and privileges of law enforcement officers.

* Rhode Island has the lowest state murder rate in the United States. Louisiana has the highest (or very nearly so) and has about ten times as many murders per capita.

* The lion's share of the counties in the U.S. with life expectancies lower than North Korea are (1) in the South and majority black or nearly so, (2) include Indian Reservations (or the Alaskan equivalent), or (3) are in Appalachia. The outliers are still in the South.



* Non-U.S. central banks are substituting gold for U.S. Treasury Bonds.



* The U.K. electrical wall plug design is safer than the U.S. design.

* People are dying on overloaded boats trying to emigrate from Gambia (in West Africa) to Europe. "More Than 130 People Are Feared Dead in West Africa Boat Tragedy: Around 150 people boarded a boat in Gambia that was thought to have been headed for Europe. The boat capsized after traveling about 380 miles."

* A judge ordered Alligator Alcatraz in Florida closed on the petition of an Indian tribe with an interest in the land, because an environmental impact statement wasn't done. The debacle cost $250 million. All detainees at the location which was inhuman and defective have been moved to other detention centers in Florida.

* Finland (which is the source of about half of my genetic ancestry) is a genetic outlier in Europe (for reasons that are well understood and closely related to the fact that it is also a linguistic outlier). 23andme was able to correctly pinpoint the place of origin of my Finnish ancestors to a region about the size of a U.S. county. The other half of my ancestry (which I know to some detail due to genealogy) is basically a European mutt that can't be localized from genetics much at all.


Other places with significant Uralic populations, Basque country, historically Celtic areas (despite the putative cultural origin of the Celts in the vicinity of Czechia which is being used as a baseline in the chart above), and places with significant Islamic migration since the 700s CE, also stand out in  this map. Sardinia is the closest modern match to the genetics of Europe prior to the arrival of the Indo-Europeans.

* It doesn't take a history genius to understand why South America, in general, and Argentina, in particular, has so much Italian ancestry (to a significant extent, because a lot of Italian Nazis fled there after World War II).

* The Holocaust has an immense effect:


* New Mexico is, by a variety of measures like education and poverty, much more like red states than blue states. But it has stayed blue because the GOP has historically made its Hispanic and Native American residents feel unwelcome and tried to persecute them. 

Utah is, by a variety of measures like education and poverty, much more like blue states than red states. But, its predominantly Mormon religion's conservative tenets have kept it out of the Democratic party fold.

* The cost of living is about 30% greater in the highest cost of living states in the U.S. than in the lowest cost of living state (Arkansas). Most of the difference is due to real estate prices.

* A plausible observation:


* Louisiana still hasn't recovered from Hurricane Katrina twenty years ago. It permanently reduced the population of the state, and of New Orleans, in particular (predominantly due to migration away from it, not due to the fatalities themselves).


* Almost every country in Western Europe has supplied Ukraine with military equipment. So have quite a few other countries (mostly in what could be called the Western European diaspora).

* Most of North America was once home to Buffalo, although the size of the herds may have been exceptionally large because the Native American populations that hunted them were decimated by European diseases not long before European migrants first documented them.


* Almost all of the land on Earth was connected about 200 million years ago.


* Republicans in Congress have grown less likely to have attended elite universities (while Democrats have grown more likely to have done so), mirroring the shift in college educated people towards the Democratic party.

* Data centers v. office building construction.


* Soil quality in Europe.


* Firefighting employment in Europe.


The U.S. figure is 0.2% (there are about 1.019 million firefighters out of 163.3 million employees, but two-thirds of them, who are not included in the 0.2%, are volunteers). This is similar to the European average.

* The twenty years from 1807 to 1827 did a lot to shape the political map of the Americas.


* Squirrels v. people.



* Women didn't start wearing underwear (i.e. panties and bras) in Europe until the 19th century, for the most part.

* Modern musical notation was invented by a Benedictine monk, Guido of Arezzo in 1025 CE and he also invented the Do-Re-Me system. Recognizable modern musical notation is older than Middle English.

* Billionaires have lower effective tax rates than the upper middle class and even less than for the average person.
We estimate income and taxes for the wealthiest group of US households by matching Forbes 400 data to the individual, business, estate, and gift tax returns of the corresponding group in 2010–2020. In our benchmark estimate, the total effective tax rate—all taxes paid relative to economic income—of the top 0.0002% (approximately the “top 400”) averaged 24% in 2018–2020 compared with 30% for the full population and 45% for top labor income earners. 
This lower total effective tax rate on the wealthiest is substantially driven by low taxable individual income relative to economic income. First, the C-corporations owned by the wealthiest distributed relatively little in dividends, limiting their individual income tax unless they sell their stocks. Second, top-owned passthrough businesses reported negative taxable income on average in spite of positive book income, further limiting their individual income tax. The top-400 effective tax rate fell from 30% in 2010–2017 to 24% in 2018–2020, explained both by a smaller share of business income being taxed and by that income being subject to lower tax rates. 
Estate and gift taxes contributed relatively little to their effective tax rate. Top-400 decedents paid 0.8% of their wealth in estate tax when married and 7% when single. Annual charitable contributions equalled 0.6% of wealth and 11% of economic income in 2018–20.

* Japan has the lowest housing prices in its major metropolitan areas of any comparable cities in the world. It isn't clear to me how much of this is due to lax land use laws arising from handling that function at a regional level rather than locally, and how much of this is due to its low birthrates and modest immigration rates.

30 July 2025

Context For The Latest Episode Of The Cambodia-Thailand Conflict

Not so long ago, international wars were viewed as a thing of the past, after a long lull at the end of the 20th century (with the brief, but notable exception of the Gulf War in 1992, which was prompted by Iraq's invasion of Kuwait), leaving only insurgencies and cross-border fights with military forces not sponsored by recognized sovereign countries. 

But, the 21st century has proved that this lull was only temporary. We've seen the Russia-Ukraine War (in 2014 and 2022 to the present), there have been military clashes as recently as this year between India and Pakistan, Israel and the U.S. have attacked Iran (which has also struck Israel), the U.S. and Saudi Arabia have recently engage the Houthi regime that is the de facto ruler of Southern Yemen after it attacked merchant ships off its coast, and there have been low intensity naval clashes between China and the Philippines in the past couple of years. A six day war between Cambodia and Thailand this month has added to that roster.

The latest round in a 118 year old border dispute related to a historic Hindu temple built by the Khmer Empire during what were the Middle Ages in Europe, near the current border between Cambodia and Thailand, led to a six day military conflict between the two countries that left at least 38 people dead and displaced at least 310,000 people, until a cease fire took hold yesterday. The two nations have had military clashes for hundreds of years, even before the ambiguous 1907 map that is at the root of this particular border dispute took hold. 
Shots were heard early on Thursday morning near Prasat Ta Muen Thom, an ancient temple on the disputed border between the two countries. Senior commanders from the Thai and Cambodian militaries agreed to de-escalate one of the bloodiest border conflicts between their nations in decades on Tuesday.The deal seemed to end, at least for now, [six] days of fighting that killed at least 38 people. More than 180,000 people in Thailand have evacuated from areas along the border, while in Cambodia, more than 130,000 people have fled their homes.

Each nation accused the other of firing first.

The Thai Army said on July 24 that Cambodia had fired rockets into civilian areas in four Thai provinces, prompting Thailand to send F-16 fighter jets to strike targets in Cambodia.

Cambodian officials said that Thai soldiers had opened fire on Cambodian troops first, at a temple claimed by both nations, called Prasat Ta Moan Thom by the Cambodians and Prasat Ta Muen Thom by the Thais. They said Cambodian forces returned fire some 15 minutes later.

The ownership of Prasat Ta Muen Thom / Prasat Ta Moan Thom is disputed by the two countries. Cambodia’s de facto leader, Hun Sen, claimed in a social media post that a Thai military commander had “started this war” by ordering the closure of the temple on Wednesday, and opening fire on Cambodian troops the next day. Thailand has accused Cambodia of starting the conflict.

The temple is in disputed territory, and people there speak Khmer, the official language of Cambodia, as well as Thai — highlighting the cultural overlap. The area is known for ruins from the Khmer Empire, which lasted from the ninth to the 15th century.

Arguments about where the border should be, and who owns the temples in the region, have led to decades of disputes. In 1962, the International Court of Justice awarded Cambodia sovereignty over the Preah Vihear Temple (known as Phra Viharn in Thailand), another temple about 95 miles away. In 2013, the court, the top judicial body of the United Nations, tried to clarify the 1962 decision. It said that Cambodia had sovereignty over the immediate area around that temple, but it left unresolved who controlled a larger disputed area. The border disputes can be traced to a 1907 map created during French colonial rule in Cambodia. The two countries interpret the map differently. Military fighting has broken out intermittently since 2008, but the last time that a major clash turned deadly was in 2011.

The two countries have had occasional military clashes and nationalist rivalries for hundreds of years.

The quoted material above (and below) is all from today's New York Times, but I have reordered the quoted material to be more readable, in this particularly poorly structured and edited article (which also includes duplicated sentences), and as a result, have not specifically noted where I omitted parts of the story. 

The cease fire was negotiated by Malaysian diplomats, with input from the U.S. and China.

The U.S. does not have particularly strong ties to either party in the conflict and wasn't directly involved in it, even though it claims to have participated in the peace negotiations, so news coverage of the conflict was relatively modest. But, the U.S. has historically favored Thailand, a constitutional monarchy which was one of the few countries never to fall to colonial powers, since it generally speaking sided with the West in the Cold War, over Cambodia, with its history of one of the most violent communist revolutions in history, which China has tended to favor.

An equally interesting aspect of the latest conflict is that Thailand's prime minister was suspended from office by a Thai court for controversial statements made not long before the shooting broke out, which is a political tactic that would be unavailable in most countries (but might be desirable if the grounds for it were suitably defined), in which the status of the prime minister would be primarily an issue for the parliament. Also, relatively few countries recognize the intermediate sanction of suspending a head of government without actually removing the head of government from office.
The border tensions have already contributed to a political crisis in Thailand: On July 1, a Thai court suspended the prime minister, Paetongtarn Shinawatra, because of comments she made about the dispute.

In June, Ms. Paetongtarn spoke by phone to Hun Sen, who is . . . Mr. Hun Manet’s father [Hun Manet has been the prime minister of Cambodia since 2023], to discuss the escalating border tensions. Mr. Hun Sen has had close ties to [Ms. Paetongtarn's] father, Thaksin Shinawatra, a former prime minister of Thailand and the leader of a powerful political dynasty, as well as one of the country’s richest men.

Mr. Hun Sen posted a recording of their call, in which Ms. Paetongtarn seemed to disparage Thailand’s powerful military and take a deferential tone. She called Mr. Hun Sen “uncle” and told him that she would “arrange” anything he wanted.

In response, thousands of protesters took to the streets of Bangkok to express their outrage. Although Ms. Paetongtarn apologized, she has faced pressure to resign.

27 March 2025

The March 2025 Threat Assessment

The U.S. intelligence community has come out with its Trump 2.0 threat assessment:

The 2025 Annual Threat Assessment (ATA) is the Intelligence Community’s (IC) official, coordinated evaluation of an array of threats to U.S. citizens, the Homeland, and U.S. interests in the world. A diverse set of foreign actors are targeting U.S. health and safety, critical infrastructure, industries, wealth, and government. State adversaries and their proxies are also trying to weaken and displace U.S. economic and military power in their regions and across the globe.

Both state and nonstate actors pose multiple immediate threats to the Homeland and U.S. national interests. Terrorist and transnational criminal organizations are directly threatening our citizens. Cartels are largely responsible for the more than 52,000 U.S. deaths from synthetic opioids in the 12 months ending in October 2024 and helped facilitate the nearly three million illegal migrant arrivals in 2024, straining resources and putting U.S. communities at risk. A range of cyber and intelligence actors are targeting our wealth, critical infrastructure, telecom, and media. 
Nonstate groups are often enabled, both directly and indirectly, by state actors, such as China and India as sources of precursors and equipment for drug traffickers. State adversaries have weapons that can strike U.S. territory, or disable vital U.S. systems in space, for coercive aims or actual war. These threats reinforce each other, creating a vastly more complex and dangerous security environment.

Russia, China, Iran and North Korea—individually and collectively—are challenging U.S. interests in the world by attacking or threatening others in their regions, with both asymmetric and conventional hard power tactics, and promoting alternative systems to compete with the United States, primarily in trade, finance, and security. They seek to challenge the United States and other countries through deliberate campaigns to gain an advantage, while also trying to avoid direct war. Growing cooperation between and among these adversaries is increasing their fortitude against the United States, the potential for hostilities with any one of them to draw in another, and pressure on other global actors to choose sides.

Naturally, it omits the biggest threat of all, which is the threat posed by the Trump Administration from within. Surprisingly, it manages to still keep Russia and North Korea on the threat list, despite Trump's inclination to join their side. The mention of cyber is notable given that the administration has tried to stand down U.S. defenses on that front. The inclusion of India on the threat list is concerning and probably unwarranted.

03 January 2024

Almost 90% Of India's Jews Relocated To Israel

A notable new fact that I learned today.
The majority of Indian Jews have "made Aliyah" (migrated) to Israel since the creation of the modern state in 1948. Over 70,000 Indian Jews now live in Israel (over 1% of Israel's total population). Of the remaining 5,000, the largest community is concentrated in Mumbai, where 3,500 have stayed over from the over 30,000 Jews registered there in the 1940s, divided into Bene Israel and Baghdadi Jews, though the Baghdadi Jews refused to recognize the B'nei Israel as Jews, and withheld dispensing charity to them for that reason.
From the Wikipedia article on History of the Jews in India.

27 October 2023

China Is Unlikely To Start A War

With Russia knocked down a peg by its disastrous performance in the Ukraine War, Afghanistan fallen to the Taliban, none of the usual candidates in the Middle East coming forward publicly to try to pounce on Israel in the face of its intense response to an Iranian supported Hamas massacre and Hezbollah rocket attacks from Lebanon, and North Korea lobbing nuclear ready missiles in tests but taking no conventional warfare steps and its leader shaking hands with South Korea's leader, all attention has turned to China.

As a country with 1.4 billion people, a gross national product that is 76% of the size of the U.S. GNP, and decades of intense economic growth, China's has had the resources to fund a large and advanced military, without even seriously militarizing its society with large numbers of soldiers relative to its population or seriously straining the ability of its government to pay for it. 

China's merely regional aspirations also allow it to concentrate its military resources. China hasn't tried to mimic the United States and Russia by deploying a large blue sea navy far from its coast, or by trying to serve as a "global policeman". China has some blue sea navy capabilities with modern aircraft carriers, surface combatants, and longer range than coastal submarine, it has long range missiles (some of which carry nuclear missiles), and it even has some reasonably long range military aircraft. But China has shown little interest in flexing its military muscles further from home than the Philippines, Southeast Asia, the Western Pacific Ocean, and the East China Sea. 

China certainly has no plans to invade any country in the Americas, or to repeat the mistake that Japan made in World War II when Japan attacked Hawaii in 1941.

There is no indication that China has any intention of starting hostilities to the North, with Russia or Mongolia or on its borders with the former Soviet Republics in Central Asia. 

Despite some border skirmishes over worthless, almost uninhabited mountain territory on its border with India, this conflict seems to be more about pride and honor than anything substantive. China shows no indication that it wants to seize meaningfully inhabited parts of Pakistan, India, Nepal, Bhutan, or Myanmar. China seems to have bitten off as much as it can chew when it conquered Tibet and now thinks better of any other campaigns to repeat that experience.

China could easily have conquered the communist regimes in North Korea, Cambodia, Laos, or Vietnam outright, but appears to be content to merely leave them as tributary states in its sphere of influence that emulate it and kowtow to it. 

In part, China appears to have concluded from the troublesome resistance its has received from ethnic minorities in semiautonomous regions like Inner Mongolia, and from ethnic minorities like the Uyghurs, the Tibetans, and the Manchurians, that it prefers to be a nation-state dominated by a Han Chinese core to being a sprawling multi-ethnic, multi-lingual, multi-cultural empire.

China doesn't really want to have to absorb Japan or North Korea or South Korea or Vietnam or Laos or Cambodia or the Philippines or Indonesia or Thailand, let alone Australia or New Zealand or Papua New Guinea. 

China isn't even grumbling about trying to unify Chinese diaspora populations in Western influenced places with large Chinese minorities, like Singapore or Malaysia. It swallowed up Macao easily enough, when its 99 year lease expired, but has found that even trying to absorb Hong Kong without destroying what makes it valuable has been highly challenging, even when the British handed it over without a fight when its 99 year lease expired.

China has a large and technologically advanced Army ground forces with no place to go. It has state of the art tanks and anti-tank forces, but no plausible conflicts, other than an invasion of Taiwan or a campaign to put down North Korea's regime if it gets out of hand, to use it. 

It is conceivable that China might need to fight a counterinsurgency conflict in its own territory, or to aid one of its tributary states in doing so. But there is no way that any plausible insurgent force in these places could acquire "near peer" conventional military force weapons to its own forces in any meaningful amount in the foreseeable future.

The United States also has large, technologically advanced ground forces in its Army and Marines, but unlike China, it has used those ground troops as expeditionary military forces to fight foreign wars on a regular basis since at least World War I. China hasn't been involved directly in a foreign war on an expeditionary basis since World War II, even though it supported proxy Communist regimes in Korea and Southeast Asia.

Since the 1980s, China's military ambitions have focused largely on regaining control of Taiwan (which itself arrogantly claims sovereignty over mainland China, an ambition that has been futile for seven decades) and expanding its dominance in the portions of the seas near it, some closer to the Philippines and Japan than to its own coast, that the rest of the world considers to be international waters.

Taiwan is attractive because it is very close to mainland China, and it is predominantly ethnic Chinese, which makes it feel to the People's Republic of China like a territory that it could assimilate in a manner similar to its current effort to reintegrate Hong Kong into the People's Republic of China. 

The prospect of a military conquest of Taiwan is also attractive to China's military leadership, much as it is the military leadership of the United States, because it justifies immense expenditures for naval forces, air forces, and ground forces who can participate in an amphibious assault on the island of Formosa.

If China's barriers to this conquest were primarily military, it would have happened long ago. The People's Republic of China has something like 70 times more people than Taiwan does, vastly more economic resources, and can focus on this single front without fearing distractions from some other conflict at the same time. Taiwan's economy is more technologically advanced and developed than China's but that gap has fallen steadily, and when it comes to military technology, they are close to parity with China potentially having the edge at this point. Even if China had to incur three or even ten times the casualties as Taiwan did in an offensive war against it, ultimately, China has a greater capacity to bear those losses than Taiwan does. 

This said, however, one of the reasons that the last significant amphibious assault in the history of the world was seventy years ago in the Korean War is that military technologies have shifted in a way this makes this strategy which has always been extremely challenging and costly, even more difficult to carry out effectively. It is just too easy with modern anti-ship missiles, submarines, sea mines, and more to sink amphibious assault surface combatants with hundreds or even thousands of ground troops on them before they even reach the shore. And as military technologies mature and advance, the balance continues to shift, again and again, against warships and toward military forces that want to stop warships. Ukraine has managed to seriously bloody Russia's Black Sea fleet, despite not having any real navy to speak of at all.

Taiwan does have the United States, with the worlds largest and most advanced military force and nuclear weapons as it patron. But a reasonable Chinese military strategist could wager, and would probably be correct, that the United States, while it would provide as much support in conventional warfare to protect Taiwan as it could, would not be willing to start a global nuclear war with China to protect Taiwan's sovereignty, something that Taiwan itself blows hot and cold on in its own domestic politics. Likewise, while China would very much like to have Taiwan as a jewel in its crown, it seems unlikely that China would risk starting a nuclear war with the United States to get it. Nuclear missiles are blunt instruments that serve few legitimate military purposes in the hands of rational military leaders in positions of high command. And, unlike the leaders of North Korea, China's leaders have consistently shown themselves to be calculating and rational, rather than insane and reckless, for the last half century or so since the Cultural Revolution ended.

Instead, the main barrier to a Chinese invasion of Taiwan is that fact that both countries "live in glass houses." Modern China's economy and prosperity is rooted in its export oriented manufacturing base, which is increasingly moving up the chain of technological sophistication. Taiwan, likewise, has an export based commercial economy that, most famously, it the global center of advanced computer processor manufacturing. China and Taiwan even have significant and strong trade ties with each other.

Unlike Russia, which has survived global economic sanctions and boycotts with only minor cuts and bruises so far, because the only exports that are very important to the health of Russia's domestic economy are natural gas and oil, both China and Taiwan have economies which are heavily reliant on international trade, much of it with rich Western countries. 

In an all out war, the sophisticated high tech factories that make that export based economy possible would be completely wiped out for decades in Taiwan, although the heavy capital investments of mainland China would be harder to really devastate. But it also isn't just physical capital investments that matter. You can't manufacture world class computer processors with unwilling serfs. The prime exports of both economies require the voluntary, and indeed, enthusiastic participation of legions of sophisticated engineers, factory managers, technicians, financial and managerial professionals, and more generally a health, decentralized, reasonably economically free commercial sector and social class. All it would take for China to kill the goose that lays Taiwan's golden eggs would be quiet work to rule, "quiet quitting" type behavior from its managerial, professional, administrative, and technical classes. No flashing explosives or armed resistance would be necessary.

Equally important, if any significant part of the developed world decided to boycott Chinese exports because of a Chinese invasion and conquest of Taiwan, as part of a general mobilization against it akin to the general mobilization against Russia that took place in the immediate wake of its invasion of Ukraine, the impact this would have on China would be far more severe than the impact these sanctions had on Russia.

China wouldn't lose all of its trading partners. It could still keep selling its ware to the communist regimes of Southeast Asia and to Russia, for example. But its trade to those countries is already close to maxed out, because it is a leading global exporter. There is no place it could sell its wares that could replace its immense exports to developed Western capitalist countries around the world, if it lost access to those markets, which it likely would, at least in the medium term.

The economic blowback that China would experience in reaction to an invasion of Taiwan from the developed Western capitalist countries of the world would be at least as bad as the Great Depression was in the United States, if not worse. Hundreds of millions of ordinary Chinese people would lose their jobs and would be trust into abject poverty. Factories up and down China's densely populated eastern coastal regions would be shuttered. People who managed to hold onto jobs might see their incomes cut in half. The massive progress China has made in the past couple of decades in eradicating extreme poverty globally would be undone.

In an economy already heavily driven by extravagant public works projects, there would be little room to boost an economy facing collapse from a sudden interruption of its export trade with more spending on public works and infrastructure. A loss of access to supplies of imported raw materials would further cripple Chinese manufacturers ability to export goods even communist or formerly communist countries that continued to support China, and to manufacture goods for domestic consumption. Imported comforts would dwindle to the consternation of Chinese business elites that now snap up second homes in Vancouver and foreign educations and travel for their children and have acquired expensive and exotic tastes. 

Also, despite its vast population, now more or less tied with India, in China, lives are no longer cheap. The average Chinese woman has less than one child in a lifetime. Many young men in China are not just only children, but are also the only grandchild of four grandparents. A historical preference for boys as China experienced its demographic transition in the face of its one child policy have left China with a surplus of military service aged men, although it has barely tapped it since it has so many young men relative to the needs of its military. 

China is far removed from places with the demographics of places like the Gaza Strip, where almost 50% of the population is under the age of eighteen, couples tend to marry in their early twenties, and women generally have many children in their lifetimes. Too many mouths to feed and too few jobs to support them isn't a problem that China has at the moment. Every young adult man and woman is precious in the eyes of modern China, so each life lost in a war to take Taiwan would have an amplified social impact. China is not psychologically prepared to lose the millions of lives and hundreds of sunken ships that it would have to expend to take Taiwan.

Given the current situation of China and Taiwan, the only way it would make sense for China to conquer Taiwan would be if it could accomplish this in an almost bloodless fait accompli in a matter of days, which the Taiwanese people collective gave up and accepted as inevitable at the outset, much like the sudden, nearly bloodless Russian conquest of Crimea in 2014 that was basically over before the world had time to react to it, or come to Ukraine's aid.

But while the Taiwanese people do predominantly speak a Chinese topolect, and do have strong cultural ties to mainland China, the similarities between Crimea and Taiwan end there. Modern Taiwan's is the product of a society of Western leaning exiles from the Maoist Communist revolution in mainland China. The Chinese speaking people of Taiwan are the majority and have been in opposition to the communist regime of mainland China from the start, unlike the Russian speaking people of Crimea who were a minority in Ukraine and felt cultural and political kinship with their post-Soviet co-ethnics in Russia proper. 

There is no reason to think that Taiwan would accept their new Chinese overlords quietly or peacefully with resignation and obedience to the new regime. This would be a war of people with nowhere else to go in Taiwan defending their home, who have been preparing for this fight for much longer than the Ukrainians prepared for a Russian invasion, and with all of the ferocity of the Ukrainians defending their territory. And, like Ukraine, the Taiwanese would have ample military and economic support from Western-leaning allies including the United States, Japan, South Korea, and Australia with technologically modern military forces. So, the only scenario that would make the price that China would have to pay to take Taiwan simply isn't a plausible possibility.

Thus, the only ground war that China has shown any interest in fighting would be far too costly to China, even if it wins, to make the fight worth it to China. And, because China's leadership is rational and pragmatic enough to realize this fact, it is extremely unlikely that China will invade Taiwan.

Really the only military actions that it seems plausible for China to undertake in the near future is a continuation of its low grade, gradual efforts to use its naval and air power, and ground troops on artificial islands, to extend its dominance in the international waters of the East China sea and the Western Pacific as far as the international waters near the Philippines. The prizes here are fishing territory, oceanic mineral resources, greater control of the East Asian shipping industry, and national pride at a modest military cost. And, these are prizes which the allies of Taiwan, South Korea, and Japan are unwilling to exert the level of overwhelming trade, diplomatic, and military power necessary to completely thwart China from achieving these aims.

08 March 2023

Legal Ownership Of Temples, Churches And Mosques In India

Overview

Why are Hindu Idols and religious figures given the status of legal persons?

The basic problem is how to treat property dedicated for religious purposes in a way that makes sense in the context of the religion in question, because any time property is involved in something, the secular law must be able to rule upon those property rights.

There is more than one possible solution for how to handle this in cases in which a legal person is something other than a way to carry on business for profit on behalf of investors when a legal person basically has no "owners".

Charitable foundations, charitable trusts, corporations sole, non-profit corporations with self-perpetuating boards, or non-profit corporations managed democratically by their members or stakeholders are all possible legal tools to handle this problem.

In India, a charitable foundation model in which the charitable foundations are named after a Hindu Idol or religious figure is the way it is handled for religions other than Christianity or Islam, while something close to a corporation sole that can own property model (whose managers are appointed and may be removed by their superiors in the denomination) is used for Christian places of worship. In Muslim mosques, in contract, the succession of inherited trustees of Muslim mosques is treated as an entity separate from the Mosque itself.

Indian religious institutions and charities generally have a hereditary, or at least, non-democratic, organizational model, rather than the democratic governance model of Protestant Christianity that began with the Calvinists in the Protestant Reformation.

When the managers of these religious institutions are not subject to being voting out by the members of the religious institution that they serve (which is particularly unworkable when someone doesn't necessary "belong" to one or many temples where the worshipper might make a pilgrimage), the conduct of the manager of the temple needs to be regulated by law, as opposed to being regulated by being democratically selected by the members of the religious institution.

The important thing is that property belong to the legal person is not just the ordinary private property of the sebait who manages it, even though the property is managed by private individuals who have authority over a Hindu temple and they pass this authority on in a manner very similar to succession to their personally owned property, in part because the temple is often effectively the family's own small business. But the legal personhood of the temple's idol or religious figure makes it clear that this is not just the private property of these private individuals to do with as they please.

Instead, the private individual called a sebait who manages the affairs of this legal person and usually inherited this authority from a relative, has fiduciary-like duties to the worshippers who use use the property belonging to this legal person. Thus, the sebait has a legal duty to put the worshipper's interests above the sebait's personal financial interests beyond fair compensation for their duties. If the sebait does not do so, a court can punish the sebait or take other appropriate action to redress this misconduct.

Religious Legal Persons In India Outside Christianity And Islam

The way this is handled is discussed at length in Saji Koduvath, Advocate, "Legal Personality of Temples, Gurudwaras, Churches and Mosques" (March 12, 2022), which I summarize and quote from below.

For Hindus, Indian law has held that:
The Hindu Law, like the Roman Law and those dervied from it, recognises not only incorporate bodies with rights of property vested in the Corporation apart from its individual members but also juridical persons called foundations. A Hindu who wishes to establish a religious or charitable institution may according to his law express his purpose and endow it and the ruler will give effect to the bounty or at least, protect it so far at any rate as is consistent with his own Dharma or conception or morality. A trust is not required for the purpose; the necessity of a trust in such a case is indeed a peculiarity and a modern peculiarity of the English Law. In early law a gift placed as it was expressed on the altar of God, sufficed it to convey to the Church the lands thus dedicated. It is consistent with the grants having been made to the juridical person symbolised or personified in the idol. Thus, a trust is not necessary in Hindu Law though it may be required under English Law.
See Shiromani Gurudwara Prabandhak Committee Amritsar v. Shri Som Nath Dass (AIR 2000 SC 1421) citing Yogendra Nath Naskar Vs. Commissioner of Income Tax, Calcutta, 1969 (1) SCC 555 which in turn cites Manohar Ganesh Vs. Lakshmiram, ILR 12 Bom 247.

Thus, while the law of India largely follows the model of the common law, in this respect, the recognition of a Hindu Idol or deceased or divine religious figure when property has been dedicated for this "pious purpose" as a legal person has the practical effect of establishing a European civil law style charitable foundation.
[T]he procedure in India takes account, necessarily, of the polytheistic and other features of the Hindu religion and recognises certain doctrines of Hindu law as essential thereto, e.g., that an idol may be the owner of property. The procedure of our Courts allows for a suit in the name of an idol or deity though the right of suit is really in the sebait [Jagadindranath v. Hemmta Kumari [L.R. 31 I.A. 203: s.c. 8 C.W.N. 609 (1605).]
See The Mosque, Masjid Shahid Ganj v Shiromani Gurdwara Parbandhak Committee, Amritsar AIR 1940 PC 116.

The organizational structure of a Hindu temple is similar to that of a Shinto shrine in Japan. Management of it is ordinarily vested in a priestly family established in that role by the temple's founder the religious leader of which is called the sebait, and this role is passed down in a manner similar to the inheritance of property except that it may not be divided to multiple heirs in most cases. The sebait, like the trustee of a charitable trust, or a director of a charitable foundation, is duty bound to act in furtherance of the temple's purpose and may be subject to secular court sanctions if this role is abused.

Effectively, the Hindu Idol or Gurdwaras that is treated as a legal person is simply the name of the charitable foundation created in this manner as a matter of style. But, even though, for example, some Hindu Idols are legal persons, this is basically a metaphor.
an Idol as a juridical person is the ‘ideal embodiment’ of a pious or benevolent idea.
See M. Siddiq (D) v. Mahant Suresh Das (2020-1 SCC 1) citing Manohar Ganesh Tambekar Vs. Lakhmiram (1887), ILR (1888) 12 Bom 247.

Thus, the physical idol itself is not the real legal person, the real legal person is the charitable foundation named after the physical idol which the idol represents.
In the case of Hindu idols, legal personality is not conferred on the idol simpliciter but on the underlying pious purpose of the continued worship of the deity as incarnated in the idol. Where the legal personality is conferred on the purpose of a deity’s continued worship, moving or destroying the idol does not affect its legal personality.
See M. Siddiq (D) v. Mahant Suresh Das (2020-1 SCC 1).

Who are the beneficiaries of these charitable foundations?
the true beneficiaries of religious endowments are not the idols but the worshippers, and that the purpose of the endowment is the maintenance of that worship for the benefit of the worshippers
See M. Siddiq (D) v. Mahant Suresh Das (Ayodhya case: 2020-1 SCC 1) citing Deoki Nandan Vs. Murlidhar (1957): AIR 1957 SC 133.

Legal Personhood v. Charitable Trusts

The treatment of these arrangements as legal persons rather than as charitable trusts, as the English common law would be inclined to do, does have solid reasoning behind it.

This distinction really just cures the defects associated with trusts and estates in English law, which are basically "proto-corporations".

In English law, in some technical respects, trusts are treated as legal obligations of a human being who is the current trustee, rather than as an entity. English law does this even though the modern concept of a trust is really closer to an entity than to a private individual who has legal obligations. The reason English law has this rather muddy and mixed non-entity concepts embedded in its trust law is that the concept of a legal person was not well developed when the English developed their law of trusts.

Modern corporations are a later outgrowth of concepts originally but incompletely developed in the context of English trust law.

Treating a Hindu temple as a legal person named after its idol or religious figure for legal purposes strips away the vestigial and dysfunctional non-entity concepts found in English trust law.

Christian and Muslim Places Of Worship Compared

Notably, the law of India does not treat Christian churches or Muslim mosques in the same way.

Christian Church Ownership In India

Christian churches are usually, unless the church forms a charitable trust or other organizational structure, treated as a corporation sole, which is basically a non-profit corporation, but with its governance vested in eternal succession in whomever holds a particular position (e.g. Archbishop of Delhi) within the Christian denomination that established or acquired the church. Thus, the physical building that is the church itself is merely one more piece of property owned by the corporation sole which is governed by the general law that applies to property owned by corporations. See Daisy AP v. Bishop Dr. Thomas Mar Koorilose, 2015-5 KHC 914; 2016-1 KLT 268.

To some extent this position was adopted because this is the way that Roman Catholic and Anglican Canon law characterized the situation. Canon law did so in these large Christian denominations because in these faiths, churches are not effectively "family businesses" governed by a priestly family that passes on that duty from generation to generation. Instead, in these Christian denominations, the entire denomination is one big bureaucracy whose managers are appointed and removed at will by their superiors in the bureaucracy.

Put another way, Hindu temples and Mosques (discussed below) are basically independent small firms, while Christian churches are basically wholly owned subsidiaries of the denomination that they serve.

Muslim Mosque Ownership In India

Likewise, Indian law does not take this position with respect to Muslim Mosques. See Mohamed Shafindeen Vs. Chatur Bhaj (1958), 1958 Raj. LW 461, and M. Siddiq v. Mahant Suresh Das (2020-1 SCC 1) overruling The Mosque Masjid Shahid Ganj Vs. Shiromani Gurdwara Parbandhak Committee, Amritsar, AIR 1940 P C 116 in which it had held following decisions from Punjab that Mosques were legal persons.

In reaching that decision in the year 2020, the highest court in India observed in M. Siddiq v. Mahant Suresh Das (2020-1 SCC 1) that:
The decisions recognising a mosque as a ‘juristic person’ appear to be confined to the Punjab : 153 PR 1884; Shankar Das v. Said Ahmad (1884) 153 PR 1884 59 PR 1914; Maula Bux v. Hafizuddin (1926) 13 AIR Lah 372: AIR 1926 Lah 372.
This is despite the fact that the way the Mosque in the 1940 case was established (and for what it is worth, the typical way that a Mosque is established in Islam more generally), is very similar to the way that a Hindu temple or Shinto shrine or Greek family church is established. The court in the same case, M. Siddiq v. Mahant Suresh Das (2020-1 SCC 1), noted that:
In that case, a mosque was dedicated in 1722 by one Falak Beg Khan. By the deed of dedication, Sheikh Din Mohammad and his descendants were appointed as Mutawallis. Since 1762, however, the building together with the court-yard, well and adjacent land, was in the occupation and possession of the Sikhs. The land adjacent to the mosque became the site of a Sikh shrine. At the time of the annexation by the British in 1849, the Sikhs were in possession of both the mosque and the adjacent lands[.]
By essentially treating a Mutawalli as the director of a non-profit corporation that owns the Mosque, rather than treating the Mosque itself as a charitable foundation that is itself a legal person, India's highest court did two things.

First, it appeased the theological concern that within Islam and Islamic law, that all Muslims are in theory a common people under the same god and undivided by sect:
A Mosque does not belong to any particular sect; for once it is built and consecrated, any reservation for people of a particular locality or sect is void, and persons not belonging to that locality or sect are entitled to worship in it, whether or not any particular sect had contributed towards the site or the building of the Mosque and had been saying their prayers in it and every person who believes in the unity of God and the mission of Mahammad as a prophet is a Mussalman, to whatever sect he may belong, and that the Shias satisfy the test; and that there is no such thing as a Sunni or a Shia Mosque though the majority of the worshippers at any particular Mosque may belong to one or other sect either generally or at various times.
See Mahmood Hussain Vs. State Of UP 2018-10 ADJ 249; 2018-128 All LR 71 citing A. Ghosh, "Law of Endowments (Hindu and Mohammedan)".

Second, and more importantly, the courts of India changed course in the face of a de facto organizational structure for Mosques which is almost identical to the organizational structure of Hindu temples, because it made it easier to resolve disputes between an Islamic sect with long time de facto control of the Mosque and the Islamic sect that founded the mosque. Its refusal to treat the Mosque itself as a legal person allowed it to resolve the dispute between two Islamic sects with a claim to the Mosque under the secular property law principle of adverse possession that also applies to ordinary privately owned land.

The court knew in making this ruling that disputes between members of a sect that founded a mosque and a sect that currently controls a mosque is a problem that is likely to recur going forward. The method of resolution that its ruling on legal personhood status for Mosques allows (which favors the de facto status quo) does so in a way that allowed the courts to extricate themselves from the underlying dispute over which Islamic sect is more worthy to control the building dedicated as a Mosque. It also does so without doing much to upset the status quo.

In this analysis, the original non-profit entity established by the founder under the control of a succession of members of the family entrusted with the mosque originally still exists, but it has lost control of the building itself that it was founded to manage by adverse possession. A court in India exprsesed this position by stating that:
A gift can be made to a madrasah in like manner as to a masjid. The right of suit by the Mutawali or other manager or by any person entitled to a benefit (whether individually or as a member of the public or merely in common with certain other persons) seems hitherto to have been found sufficient for the purpose of maintaining Mahomedan endowments. At best the institution is but a caput mortum, and some human agency is always required to take delivery of property and to apply it to the intended purposes. Their Lordships, with all respect to the High Court of Lahore, must not be taken as deciding that a ‘juristic personality’ may be extended for any purpose to Muslim institutions generally or to mosques in particular.
See Masjid Shahid Ganj Vs. Shiromani Gurdwara Parbandhak Committee, Amritsar, AIR 1940 PC 116.

Follow Up Questions

Does this mean that if a significant amount of people associate with something it can gain the status of a legal person?

This means that if property is dedicated to a non-Abrahamic religious purpose in India, that the management of that property is handled as if the Idol or religious figure is the name of a charitable foundation managed by its sebait for the benefit of the worships who use the temple, all of which is well defined within the context of Hinduism and other South Asian religions.

By this logic, can say fictional characters get the status of a legal person as well?

Generally not, as people generally don't dedicate property to the worship of a fictional character. But, one could imagine, for example, someone dedicating a "Jedi Temple" and establishing a means of selecting a sebait to manage it being treated as a legal person in India, which is to say, that it is treated as basically a bare bones charitable foundation.

Would it effect copyright law in any way?

If a work were prepare as a "work for hire" for the charitable foundation named after a Hindu Idol or religious figure, that legal person could have the same rights in the work prepared in that way that a corporation which commissioned the same work could.

Afterword

It is worth observing that this decision of the English Privy Council reflects the general tendency of England as a colonial power, to care little about consistency between how issues are resolved from one colony to the other, or in this case, between one religious faith and another, instead focusing on the practical implications of their decisions on a case by case basis.

It is also worth noting that while legal personhood is a concept that many people find troubling, despite the fact that, in practice, it is a good practical solution and no big deal.

Legal personhood is simply the way that the law fixes responsibility for the conduct on a collective activity that may outlive someone originally associated with that activity, allows the people associated with that collective activity a mechanism to legally vindicate harms to the enterprise that might otherwise be hard to localize to any one natural person that benefits from that activity, and allocates authority over the property dedicated to that collective activity.

Contrary to conventional wisdom, recognizing a legal personality usually makes it easier to sue when the actions of a collective activity cause harm, and of course, just because a legal person can participate in economic activity, that doesn't mean that a legal person can vote or be incarcerated in prison, or engage in other conduct reserved exclusively for natural persons.

24 February 2023

International Polling On The Ukraine War A Year Later And More

Most of the results of a new multinational survey of public opinions about Russia and the Ukraine war are what one would expect. But, the extent to which India and Turkey lean towards Russia was somewhat surprising. 

The view that Russia is seen as stronger in China, India, and Turkey is particularly hard to fathom.

A new survey – of 10 European countries, as well as India, Turkey, China and Russia – released this week by the European Council on Foreign Relations (ECFR) found that, despite the challenges of the past year, Europeans remain united in their backing for Ukraine, and in their wanting to see Russia defeated in the conflict.

This is reflected, most notably, by the togetherness of Europeans on the bloc’s energy supply. ECFR’s survey shows that majorities in the surveyed EU-9 support a continued embargo on Russian fuel, despite the real-world harm it is causing in some national economies. 
It is also telling from citizens’ perceptions of Russia, one year on, that upwards of two-thirds of those of the EU-9 (66 percent) and Great Britain (77 percent) see Russia as an “adversary” or “rival” of their country – a position that puts them in line with the US (where 71 percent noted this view). . . . 

In Europe and the US, for instance, the prevailing view among respondents is that Ukraine needs to regain all its territory, even if that means a longer war. The opposite is the case in China, Turkey and India, where most respondents prefer a rapid end to the war, even if that would see Ukraine ceding territory to Russia.

The reputation of Russia, almost a year into the Kremlin’s so-called three-day “special operation”, also varies wildly.

ECFR’s survey found that three quarters of respondents in China (76 percent), India (77 percent) and Turkey (73 percent) now see Russia as stronger, or as strong as it was a year ago.

In some cases, too, the view that Russia is a global “ally” or “partner” of their country is stratospheric – India (80 percent), China (79 percent), Turkey (69 percent) – a stark contrast to the responses of EU-9 and the rest of the West, where Russia is not only viewed as fundamentally weaker, but described as “aggressive” and “untrustworthy” by pluralities.

Other developments a year after the start of the Ukraine War include the tightening of U.S. sanctions on Russia and bipartisan expressions of political support for Ukraine from both Democrats and about 50 Republicans in Congress including the U.S. Senate's minority leader.

But, the New York Times reports that the war has allowed Putin to consolidate power and crush liberal and Western influences in Russian society at home, despite the debacle of military outcomes that even the people most downbeat about Russia's military strength wouldn't have guessed could occur.