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Nations and States</A>
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Crime, the World's Biggest Free Enterprise

By Jean De Maillard *



Le Monde Diplomatique

April 2000





By linking scarcity to price, the universal gospel of liberal thought teaches
that exploiting scarcity is the fountain of all wealth. It follows that the
foundation of any righteous economy is the market players' ability to get
hold of the scarce commodities that will make them rich. But what is scarce
in a world where the development of new technologies makes distance a thing
of the past and "niches" of scarcity in the tightest nooks and crannies
accessible for exploitation?

This new ability raises an important question: is it really right to produce
particular goods or services and trade in them? The free marketeers tend to
forget that, while the laws of the market do entail a degree of
self-regulation, this does not mean that society has no right, through its
elected representatives, to set the rules of the game and say what may be
traded and what may not. Without that, the only law that remains is the law
of the jungle where man is reduced to an object that can be turned into money
and marketed at will.

Sadly, the deregulation that is so much a feature of today's globalisation
has not learned any of this. Quite the reverse, it has opened up a new market
on a planetary scale, the depths of which have hardly yet been plumbed and
which people would rather not admit exists. It is in fact the dark side of
economic and financial globalisation, the constant reminder of a truth the
horrors of which people would prefer to conceal. It is the market in law,
exploited by crime. Since crime is a phenomenon inseparable from any human
community, every society, therefore, not only has the crimes it deserves, but
also those that resemble it and make it what it is. A global society claiming
to be built on the ruins of national laws without trying to rebuild social
standards on another level, changes the agora into a vast bazaar where even
governments rush to sell their regulations to the highest bidder.

The scarce thing is not, of course, crime, but what it exploits: the law,
which three developments have transformed into a market. First of all,
countries have opened their borders wider to criminal trades more than to any
other kind. Doubtless they had little choice, since the real pioneers of
globalisation, the 1960s drugs traffickers, obviously did not ask anyone's
permission before organising trade in the world's most expensive and
profitable commodity on a global scale.

But history is not without its irony, as the American authorities have found
to their cost. Worried about the revival of the heroin market in the early
1970s, which they blamed entirely on French chemists and traffickers, they
demanded that the government of the day root out the famous French
Connection, then based in Marseilles, which it did. But the only concrete
result of its elimination was to encourage secondary outbreaks all over the
world, as trafficking was taken over by the Sicilian and North American
mafias. The networks' centre of gravity then shifted to the United States,
that great trading nation and apologist of free trade. The rest we know.

What are we to learn from this? Crime has become one of the most flourishing
economic activities, run by professionals who have taken on board all the
rules of modern management. Capable of a flexibility unmatched in the formal
economy, they are able to exploit all the scarce resources offered by
economic, political and social instability anywhere in the world. They have
made it the substance of their activity and the source of their tremendous
profits. If we were asked for a brief definition of today's serious crime, it
is the ability to take advantage of the differentials produced by the
deficiencies in political, economic and social regulation anywhere in the
world and at any time.

An exodus of refugees fleeing a war-torn country is held to ransom by the
mafia-organised clandestine emigration networks. A country whose
underprivileged resort to the synthetic paradise of drugs for a few moments'
oblivion makes its thousands and millions of addicts easy prey for the
world's fortune hunters. What country is not so affected? A country where the
gap between rich and poor and social disparities are so great that the most
wretched have only their bodies to sell is swooped upon by networks of
traffickers doing a most profitable trade in human beings, be they women,
children, workers or sources of organs for transplant.

The list of social ills has become endless. Some societies are rich but have
their poor to exploit; others are poor, but have their rich to exploit them,
poverty having become the choice raw material with which to manufacture a
commodity made valuable by society's taboos. Because they are banned by laws
they are powerless to enforce.

The two other developments that have made the law a thriving market for those
whose trade is to break it both follow from the first. They, too, are now
ever present. Finding themselves unable to control the internationalisation
of the economy, governments began by doing what wily tacticians have always
done: pretend to be behind what is beyond their grasp. Like Ronald Reagan and
Margaret Thatcher, whose pragmatism rarely worried about scruples,
governments were quick to lower the barriers to trade and the movement of
goods and capital. Once they saw it paid in hard cash, they cared little for
what they were really letting loose. They simply forgot, or perhaps they were
unaware, that the first internationalised economy was already that of crime,
with a considerable lead over every other sector when it came to exploiting
scarce commodities.

But in so doing they crossed a threshold, the dreadful import of which is
only just beginning to be recognised. Not content with no longer being able
to control the flows of trade in goods, services, and especially capital,
governments embarked on a mad race to harness financial flows and draw the
most profitable activities to themselves. To that end, they removed the last
constraints on cross-border movements and trade.

For the criminals who had, very quickly and unaided, learned to exploit all
the resources of world disorder, this was the opportunity not only to
entrench their lawless trade in our crisis-ridden societies, but to profit
from them even more, ploughing their ill-gotten gains back into an obliging
economic and financial system always greedy for fresh capital and
increasingly careless of its origin as deregulation progressed.

The third stage, and doubtless the most perverse, is only the continuation of
the first two. Without it, global economic and financial deregulation could
not have taken off in the way it has. It is, in fact, the development of
offshore financial centres. Better known as banking and tax havens, as time
has gone on, they have in particular become police and legal havens where all
the world's laws are conscientiously bypassed. Paradoxically, they use the
rules of a disappearing world, where sovereignty was defined in terms of
territorial control, to make world economics and finance completely virtual.

If these obliging centres of international liberalism were used only for tax
evasion, the wrong they did to an honest economy, while no doubt great, would
nonetheless be kept within bounds. It is even conceivable that the
governments of the industrialised nations, being directly affected by the
loss of resources, would easily have found ways to limit the damage.

But the problem is of a completely different nature, and it is because
governments' direct interests are not affected, or because they gain much
more than they lose, that the practices of these offshore centres have been
allowed to prosper. They have completed a further stage in the process of
"desovereignisation" by using their very sovereignty as a factor in the most
thriving world trade. They enact laws whose only purpose is to escape the
legal requirements of other countries, whatever the motive.

It is strange to note that the last sovereign territories, that is those
capable of pitting their own laws against the international community with
impunity are either microstates, whose international sovereignty is often
vague or legally doubtful, or parts of the territory of a country that has
been admitted to the family of nations but which protects the activities that
come there to hide for that very reason. While the right to interfere is
claimed in order to settle certain local conflicts, the sacred principle of
national sovereignty it still invoked to prevent anyone having any influence
over countries that sell their sovereignty and their laws to the highest
bidder.

Those who, by simple accounting tricks, are able to export or expatriate
their wealth or their activities to these black holes of world economics and
finance do so only with the complicity of their own countries of origin. Why
have they been so ready to accept the worst of perversions of a principle of
sovereignty made a mockery by cynical "hooligan countries" or "bandit
territories"? Because they are so good at invoking the rules of a sovereignty
that is still the foundation of international relations, even if completely
obsolete in practice.

It is a fiction that suits everyone, since it avoids having to take up the
terrible challenge thrown down to the short-sighted fools of globalisation.
This globalisation has been built on a frenzy of deregulation, and to turn
back the tide would mean venturing to build a new world order the very
mention of which provokes a shudder.

All the rest is only for show. Intoned like a litany at every international
summit, the declarations of heads of state and government come to nought
because no-one is willing to raise the key issues. The results of the battle
against money laundering, corruption, fraud and international trafficking are
derisory. They represent only a tiny fraction of a lawlessness that is
exploding everywhere. International crime amounts to hundreds of billions of
dollars every year, all of it quietly recycled in the formal economic and
financial systems without anyone really worrying about it.

Governments and police obviously state the contrary, hailing as so many
victories the adoption of a few documents like the recent Organisation for
Economic Cooperation and Development (OECD) convention on combating bribery
of foreign public officials, or the acceptance by a growing number of
countries of the 40 recommendations of the Task Force for International
Financial Action (FATF). But such imperceptible progress is up against the
brick wall of an iron logic: there is no point in banning what we lack the
means to prevent, unless we only want to give the impression of acting while
doing nothing.

The measures absent-mindedly taken against practices encouraged elsewhere
result at best in the sentencing of a few random scapegoats who, while
doubtless fully deserving their fate, are merely alibis for all the rest, who
will never be troubled.

This does not mean that we should stop pursuing criminals, but it does mean
that we are not doing so today because we lack the necessary resources. What
we must do is to draw the conclusions from globalisation and recognise that
the international community is entitled to impose the minimum standards of
the rule of law on the gangster states and their private and public
accomplices. But then we would have to go without the enormous profits from
the shameless exploitation of the law market.



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