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An excerpt from the hearings on the major questions doctrine and separation of powers with Congress. JUSTICE ROBERTS: Sometime ago you dismissed the applicability of the major questions doctrine, and I -- I want -- want you to explain that a little bit more. I mean, it seems that it might be directly applicable. You have a claimed source in IEEPA that had never before been used to justify tariffs. No one has argued that it does until this -- this particular case. Congress uses tariffs in other provisions but -- but not here. And yet -- and correct me on this if I'm not right about it -- the justification is being used for a power to impose tariffs on any product from any country for -- in any amount for any length of time. That seems like -- I'm not suggesting it's not there, but it does seem like that's major authority, and the basis for the claim seems to be a misfit. So why doesn't it apply again? GENERAL SAUER: Well, we agree that it's a major power, but it's in the context of a statute that is explicitly conferring major powers, that the point of the statute is to confer major powers to address major questions, which are emergencies. So it would be unusual... And another excerpt from the hearings on fentanyl- JUSTICE KAGAN: And, in fact, you know, we've had cases recently which deals with the President's emergency powers, and it turns out we're in emergencies everything all the time about, like, half the world. GENERAL SAUER: Well, this particular emergency is particularly existential, as Executive Order 14257 says, and, of course, no one disputes the existential nature of the fentanyl crisis, which, you know, we had an agreement last week to create progress on, which illustrates the effectiveness of the tariffs tool (this refers to the agrement with China last week by Nov 1 that cuts the 20% tariff from 20% to 10% if China completely cuts off flow of fentanyl from inside its borders.)  Clearly some in the US have not grasped the existential nature of the fentanyl crisis, a crisis of proportions so great that it would be an existential crisis for any nation. A concentration of the world's manufacturing in one nation with a trade surplus of $1 trillion with the world is also an emergency that extends into the existential sphere. ...

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Shinzo Abe talks about China and Japan being similiar to competing powers Britain and Germany towards the end of the 19th century at a meeting in Davos.

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Mr. Moon Jae-in, South Korea's leader, emerges from this week of direct talks between president Trum and Kim Jong Un of North Korea, with many of his goals accomplished. During most of 2018 with threats and missile tests from the North relations with the U.S. had worsened, South Korea was left out in many developments relating to the Korean peninsula, and tensions had risen. After this weeks diplomacy in Singapore, the South Korean leader has reduced tensions, achieved the goal of direct talks between the U.S. and North Korea, and reduced tensions. Moon-Jae-in now has poplarity of 79% according to Gallup South Korea, and won in local elections. Even the cancellation of military exercizes by president Trump after the Kim meeting achieves a long standing goal of reducing tensions by moderating the exercizes- which are seen by North Korea as a threat. A Gallup poll shows 66% of South Koreans supporting the Kim- Trump talks. Conservatives in South Korea are still skeptical that this can last given past experience with North Korea. The consensus is still that reduction of tensions and dialogue is still the best way to resolve the disputes, with the added pressure of sanctions with China's active participation to make the effort work. ...

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With only 44% of Catalan people supporting independence and 48% opposed there is considerable division in the Catalan region about independence from Spain. The WSJ looks at different neighborhoods in Barcelona some working class and others more affluent and sees a sharp division along lines of class, age and language. People in the working class neighborhoods of Ciutat Meridiana are opposed to separation from Spain. The independence movement is mostly popular among younger, middle class and Catalan speaking people. Meridiana in northern Barcelona is one of the poorest neighborhoods. In the hip central neighborhood of Gracia with leafy squares dotted with art galleries and vegan restaurants the pro-separatist movement has major support. Support for independence is highest under age 25 and declines with age and is lowest for people at 65 years. More popular with middle class and less with people earning less than 1300 euros. Today Spain has a constitution that gives greater autonomy to individual regions such as Galicia, Basque and Catalan regions that have their own language and traditions. This was suppressed during dictator Franco's rule after the Spanish civil war in the 1930's. The Spanish constitution was written after Franco's death and ratified under King Carlos in 1978 providing freedom with self-government for all nationalities and regions, and an unusual degree of autonomy.  Poorer people in Barcelona feel the young people supporting separation are spoiled brats and dismiss charges that the state is fascist as a lack of knowledge of what fascism really is.  As the division and dispute drags on following the 2017 referendum that was declared unconstitutional, support for independence is declining, as reported in the Guardian recently.  All this has hurt the Catalan economy and foreign investment adding an economic dimension to this as Catalonia is now seeing growth lower than the national growth rate in Spain. In addition to this the new socialist government of Pedro Sanchez and some Catalan separatist parties are supporting new negotiations to address Catalan grievance. Catalans have felt that they are not getting a fair share of revenues that can be invested in housing, health and other services, that they are giving more in tax revenues than they are receiving. The 2009 financial crisis has also affected Catalonia in ways that increased support for an independent state as Catalonia was growing more than the rest of Spain at that time.  ...

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Many of Germany's industry leaders see an escalation of the trade disputes with the U.S. as counterproductive. They suggest negotiating is the best approach and staying calm. Also rejected is reaching an agreement with president Trump at any cost.

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Kenyan politics is conducted along tribal lines since the country's independence in 1963. The Mau Mau rebellion under Jomo Kenyatta involved the Kikuyu tribe. Kikuyus at over 6 million are the largest tribe followed by the Kalenjins at about 5 million and the Luo tibe at about 4 million population. The Kenya African National Union Party of Jomo Kenyatta has run thecountry since independence. Kenyatta till 1978, followed by his vice president Daniel Arap Moi till 2002. Multi party politics since 1992 led to elections conducted purely on tribal lines, with the KANU appealing to Kikuyus, and Kenya Arican Democratic Union under Odinga appealing to Kalenjins. In this election Uhuru Kenyatta the son of the former president is running against Odinga of the KADU, son of the former Opposition leader. The government is also run on patronage with positions handed out to loyalists and tribe supporters. Former U.S. president Obama's Kenyan father could not find a position in Jomo Kenyatta's government because of tribal differences. After the clashes in 2007 with disputed elections the situation has led to further ethnic tensions.   ...

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Mokoto Rich of the NYT discusses sentiment in Japan as the North Korean nuclear program advances. A majority of Japanese surveyed do not favor preemptive strikes. Japan's Constitution only allows acting in self-defense. Experts say Japan has to consider what it would do for missiles flying over Japanese territory in the direction of the U.S. A Japanese government ruling in 1956 allows acting in self-defense in a broader way. Yet the public in Japan is not sure what is the best way to respond. Also to be considered is how this will be seen in South Korea and China- would Japan taking a greater defensive role and building its own anti-ballistic missile system defenses lead to greater tensions in the region.

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China's new foreign policy team under the Jinping-Keqiang administration. Foreign minister Yang Jiechi, becomes state councilor, and senior official on the team. The new foreign minister Wang Yi, was China's ambassador to Japan 2004-2007. The new ambassador to the U.S. is Cui Tiankai, a diplomat who graduated from the Johns Hopkins School of Advanced International Studies in the U.S. Cui was ambassador to Japan 2007-2009. Managing the China-Japan and China-U.S. relationships is critical for China because China depends on U.S. and Japanese companies for investment and new technology, for continued economic progress. The relationship has been affected by the territorial disputes with Japan in the East China Sea. Germany as an advanced technology manufacturer and commodity exporters Australia, Canada, Argentina and Brazil depend on the Chinese market for exports, creating an interwoven economic dynamic that is likely to be the dominant factor in relations. This is also the perception of Li Keqiang who told a press conference in Beijing that the competition with the U.S. has been overemphasized, that he "does not believe conflicts between great powers are inevitable." Foreign affairs remains subordinate to domestic policy and priorities in China, as China tackles the problem of reorienting its economy to give an important place to the private sector and consumers. Itself not an easy task, as prime minister Keqiang pointed out at his first press conference: "Talking the talk is not as good as walking the walk." One of Keqiang's main allies in this effort is Robert Zoellick, former president of the World Bank, who helped put together with China's DRC, the report "China: 2030," outlining these priorities....

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Vindu Goel of the NYT gives this report on IBM's expansion in India including an interview with Vanitha Narayanan, chairman of IBM India. In 2017 IBM had 130,000 employees in India, at operations in Pune, Calcutta, Chennai and Bangalore and other cities, double that in 2007. The U.S. operations have about 100,000 employees. As IBM's revenues have declined with technology disruptions, it has concentrated on expansion in India with its vast base of knowledge workers and costs of about one half to one fifth of what it would cost in the U.S. IBM has 380,000 employees worldwide, with 26% in the U.S. and 34% in India, and 40% in other countries. Microsoft employs 8000 employees in India and 124,000 total worldwide, Google has 1800 in India and 72,000 worldwide.  IBM removed operations in India in 1978 after a dispute with the Indian government. In 1993 it started operations in India in a joint venture with Tata. By 2004 the operations had expanded and IBM took full control. A $750 million 10 year contract was signed in 2004 with an Indian phone company Bharti Airtel. As Goel points out the shift is happening towards expansion in India with the growing demand from industry and government in India. The Watson venture has expanded in healthcare in India with contracts including one with Maniphal Hospitals. In 2016 this had reached $38 billion in hardware and software, services, to Indian industry and the government agencies. IBM's work is not simply in offsourced work from American companies. High tech and cutting edge research is also taking place and expanding. IBM is now uniquely positioned to get an expanding share of the business as more tech services are provided to the hundreds of millions of people in India who did not have access to tech and tech services before. Research concentrates on doing this at a fraction of the cost and in new ways suited to the local region, so that services can be delivered with a wider reach. This report provides a new perspective on how the next decade could see American companies with a long term focus take advantage of the rapid growth in the fastest growing large economy in the world, with advantages for both the U.S. and India. ...

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Only 27 of 249 Republicans in the House of Representatives have accepted that Mr. Biden won the presidential election, the rest refused to answer. And only 32 of these Republicans in the House say they will accept if this is certified by the Electoral College. The Senate is split 50 Republicans to 48 Democrats with 2 runoff elections in Georgia. In one Senate seat a Libertarian candidate too a slice of the vote denying a clear victory to the Republican Perdue for that seat. In the other election for Senate seat with  about 20 candidates running no one could secure a clear win. Mr. Biden with a very thin margin of 13,000 votes in Georgia over Mr. Trump. Mr. Trump contested the election because of the unprecedented nature of the 2020 election with mail in votes allowed in a way and in huge numbers that was not always well organized to be fault proof. With federal elections being run by state officials in 51 states and not by a national election commission as in India, and each state improvising its way of handling mail in ballots there was not a fault proof way of knowing if everything was 100% unquestionably correctly done. A national federal election commission not belonging to any party and unrelated to state or federal authority can ensure an election is free and fair better than the way it is organized in the U.S. Use of electronic machines for over 1 billion voters also ensures consistent way of doing it in India compared to the haphazard nature of the American process of vote ballots and separate counting in each state. This is the second election in which both parties differed on the election and disputed the result. The earlier one was Bush vs. Gore when Mr. Clinton was outgoing president following 2 terms in office. Yet surprisingly there are no calls for setting up a structure like that in India that would organize the vote collection under the authority of a national election commission and the use of modern technology consistently across the nation. ...

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The European Union has a massive surplus of $147 billion with the U.S. President Trump is making this an issue in trade negotiations. A 20% tariff on German cars imported into the U.S. is part of the tariff response from the Trump administration. 

To settle this dispute Germany is making new offers with the visit of European Commission president, Jean Claude Juncker, to Washington. France sees little room for compromise as it sees Trump's efforts designed to break European unity by driving a wedge between France and Germany.

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President Trump wants to see China lower fentanyl exports to the U.S. because of a worsening opioid epidemic. The trade disputes extend into areas that have no direct connection but affect the U.S. and Mr. Trump's commitment to tackle this issue.  This report says president Trump expressed dismay on this issue.

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Daniel Yergin of consultancy firm IHS describes the geopolitical disputes in the Middle East between Russia, Saudi Arabia, and Iran that are leading to likely continued oversupply of oil in 2016, keeping prices in the $30-$40 range. Saudi Arabia is not likely to change its policy of going after market share, Venezuela is affected but lacks a voice in OPEC decisions, Russia continues its policies in Syria and Iraq under the Putin government affecting other Sunni states, and Iran following the lifting of sanctions is likely to ramp up supply to make up for its lost market share- all leading to an extended period of low prices. This situation benefits China, the European Union countries, India, Turkey and the U.S. in a period of slow economic growth in 2015-2016. Russia looks to use this period of low oil prices to shift to domestic industry after a period of rising imports when oil prices were high. The Saudis seeing their interests in the region threatened by Iran and Russia, and dissatisfied with the foreign policy of president Obama, see a policy of pushing for market share as appropriate in the current geopolitics of the region....

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Toyota sees a sharp drop in sales after street protests against Japan in Chinese cities. Japanese media reports show Toyota sales in China for September 2012 dropped to half the sales of 75,300 cars in August 2012. Feelings are strong on both sides and for the first time it appears to be affecting economic relations.

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The World Trade Organization is about to choose a new director-general to succeed Mr. Azevedo, a career diplomat from Brazil. The two candidates are a former finance minister from Nigeria,  Ms. Okonjo-Iweala supported by the European Union and the trade minister of South Korea, Ms. Yoo Myung-hee, supported by the U.S. Japan supports the Nigerian candidate because of its trade disputes with South Korea. The role of head of WTO is important today because of trade issues between countries particularly the trade issues between China and the U.S., U.S. and other countries. And the sense that the WTO arrangement is not working for many countries in recent years without a level playing field in many industries from improper subsidies. Before the U.S. withdrawal from the World Health Organization not much attention was given by the U.S. to how it had changed after new elections. As a result non profit foundations like the Gates Foundation from the U.S. played a leading part in representation of American interests and China played a leading role leading to the crisis facing WHO today. During the coronavirus pandemic the WHO lacking adequate influence of U.S. or European Union countries was not able to act in a way that met the needs and concerns of these countries with advanced health systems. In the past pandemics were better addressed worldwide when the U.S. and EU played a major role from the beginning because of long experience and technological resources,  a role that was missing in the current pandemic. Ebola and other virus were tackled in Africa only when the U.S. or European countries played a leading and critical role. This role was sorely missed in the current crisis. This is why changes at the World Trade Organization matter. World trade is important for the world economy and can best operate when the concerns of U.S. and European Union about a level playing field and fair competition are met. This level playing field and fair competition also meet the interests of developing countries such as India which are industrializing rapidly and need to protect their own markets from unfair dumping, as well as Indonesia and other parts of Asia, Latin America and Africa that are part of the supply chain for the world economy. ...

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Chinese views on the India war of 1962 are shown at the Beijing Military Museum in a display effort "One Hundred Questions on the China-India Border Self-Defense Counterattack."  China's PLA on its 95th anniversary looks at the 33 day war and calls it a "counterattack." It also says China withdrew because its goals were accomplished of getting back the territory it lost since August 1959 to India, that on the Indian side "the decision making was in the hands of civilian officials who did not understand the military at all," and called it "chaotic." It also brings up the international situation that Russia supported both China and India in the conflict and India had the US on its side. It says PLA withdrew because of the difficulty of supplying the military in the Arunachal region at a great distance from China particularly after the famine that resulted from the Great Leap Forward. Today there is a clear chain of command and joint work by the Indian Air force and the Army, infrastructure to support mountain operations being built at rapid speed, and building of modern defense manufacturing capabilities for the airforce and army as shown at the Defense Expo in Gandhinagar, Gujarat, this week.  One of the first aspects of the border that one sees in the region is how close it is to large population cities and towns in India and how remote it is from large population towns and cities in China. In this sense China after the experience with Russian conflict before 1900, later a large Japanese invasion in 1931and 1937 appears to have responded to its period of semi-colonialism with an aggressive policy of extending its frontiers to regions that were throughout history acting as large buffers between India and China- such being the case of Tibet which was occupied in the 1950's leading to the war with India and a border dispute that had never existed before in history. Other aspects today are that in 1962 the PLA had fought the war against the Japanese and the war agains the Americans in Korea all within a 20 year period. In 2022 China has focused for 50 years on modernizing its economy. The supply chain in the Ukraine war showed shortcomings in the Russian army, and the difficulties of supplying forces at great distances. There is also the question of morale when it is about  miles of icy terrain at heights over 10,000 feet, thousands of miles away from major population cities and towns in China- for reasons of Russian and Japanese semicolonialism behaviour not to be found in regions that had never seen large armies in history such as Tibet or Arunachal or the Himalayan border regions. The distances tell much of the story- the distance from Shanghai, Shenzen or Beijing, to Tibet is over 4000 kilometers and the border region with India additional thousands of kilometers over some of the most rugged terrain on earth with only remote mountain communities existing in the most difficult environments.       ...

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Stephen Harper's Conservative party won 167 of the 308 seats in Canada's House of Commons, the NDP won 102 seats, the Liberals 34 seats and the Bloc Quebecois 2 seats. Harper gave indications of how he would govern by saying that he would stay on the same path the Conservatives followed when they were a minority party. He said there would be no changes to Canada's public health care system. He told a news conference in Calgary, Alberta: "Even as a majority you have to, on an ongoing basis, keep the trust of the population." The Conservatives won only 40% of the popular vote, and this may be a reason for the caution in making major changes. The Conservatives maintained their base in western Canada, and gained seats in Ontario. The gains in and around Toronto, came because the left-of-center vote was split between the Liberals and the NDP. Experts say Harper will shut down a disputed registry for rifles, end direct government subsidies of political parties, and maintain scheduled corporate tax cuts. The Conservative government is also expected not take any significant steps to cut greenhouse gas emissions that are opposed by the oil and gas industries in western Canada. ...