across the member states of the international system.
21
Schmitt, in a series of
extraordinary passages, lays bare the structural correspondence between a
trans-nationalizing capitalism and American postwar grand strategy:
Over, under, and beside the state-political borders of what appeared to
be a purely political international law between states spread a free, i.e.
non-state sphere of economy permeating everything: a
global economy.
In the idea of a free global economy lay not only the overcoming of state-
political borders, but also, as an essential precondition, a standard for
the internal constitutions of individual member states of this order of inter-
national law; it presupposed that every member state would establish a
minimum of
constitutional order. This minimum standard consisted of the
freedom – the separation – of the state-public sphere from the private sphere,
above all, from the non-state sphere of property, trade, and economy’
(Schmitt 2003, 235, italics in the original).
These structural complementarities inform Schmitt’s analysis of the
American vacillation between isolationism and internationalism, encapsu-
lated in the dialectic between political absence and economic presence,
ethical pathos and economic calculation – informal empire. ‘The separation
between politics and economics constituted an indirect method of exerting
political influence. The most important characteristic of this influence was
that it was based on free trade, i.e. on trade free of the state, on an equally
free market as the constitutional standard of international law, and on
ignoring political territorial borders by utilizing such devices as the ‘‘open
door’’ and ‘‘most favored nation’’. Thus, in the sense of the separation of
politics and economics, official absence meant only
political absence, while
unofficial presence meant an extraordinarily effective – economic – presence
and, if need be, also political control’ (Schmitt 2003, 255). The United States,
after Versailles, was politically absent in Europe, both as a League member
and as an occupying power, yet economically present by its inscription of free
trade and its political precondition: the generalization of liberal con-
stitutionalism, private property relations, the rights-bearing and free indivi-
dual, and the rule of law, into the League’s Covenant.
This strategy, according to Neil Smith, presented a political project of
global domination – the rationalization of global space driven by a non-
territorial capitalist imperialism for American ‘economic
Lebensraum’
(Smith 2004).
22
This rested on the central insight that economic expansion
21
Schmitt derived the argument about the separation between the economic and the
political and its international extension, the separation between a geopolitical interstate system
and a transnational capitalist world market, from Karl Marx (Schmitt 2003, 293–94).
22
Smith’s study provides a detailed empirical analysis, rather than just a theoretical deri-
vation, of the formation of a political awareness among US-American policy planners how the
Fatal attraction: Schmitt’s international theory 209
could be de-coupled from territorial aggrandizement, divorcing political
geography from international accumulation. In this way, the flattening of
differentially organized political territories and their submission to com-
mon legal principles sanctioned a constitutive dualism between the pro-
liferation of liberal-constitutional states and the expansion of a borderless
private world-market.
But if Schmitt’s argument demonstrated the structural preconditions for
global American domination, it simultaneously imperilled and trans-
formed three core assumptions of his theoretical–historical axiomatic: an
unwitting erasure of his account of the classical
ius publicum; a retraction
from concrete-order-thinking; and a turn towards a transnational
economism, selectively applied to the United States and bracketed for
Germany. For if the separation between the public interstate and the
private sub-state became recognized in international law in the course of
the 19th century and politically operationalized by the United States post-
1919, then this overturned his generic thesis of the status of the
ius publicum as genuinely public interstate law.
Secondly, Schmitt’s theoretical excursion into the field of IPE forced
him to change theoretical register – a
volte face not licensed by his method
of concrete-order-thinking. Where Schmitt excavates the roots of the new
universal order, he is pressed into an analysis of the IPE of American
world order – falsifying his axiomatic statement that every international
legal order is grounded in an original act of land-appropriation. The
recognition of the border-cancelling implications of transnational capit-
alism directly negates his generic thesis that every international legal order
is premised on an underlying spatial land-grab – an argument that now
seems suspended by the trans-territorial nature of cross-border capitalist
penetration. Capitalism’s border-cancelling tendency also cancels Schmitt’s
core method and core thesis. As the novelty and distinctiveness of United
States world order is not rooted in a logic of territorialization – but in an
attempt to promote informal empire – this negates and transcends Schmitt’s
now curiously anachronistic notion of concrete-order-thinking and his
politico-normative counter-project: a German
Großraum.
23
Thirdly, Schmitt had pressed the argument about the geopolitics-dissolving
effects of capitalist expansion too far. For the period between 1880 and
insight into the separation of the economic from the political under capitalism translated into
policy-formation for a new postwar grand American strategy. See also Gowan (2004).
23
Schmitt was preoccupied with the idea of
Großraum from the late-1930s onwards
(Schmitt 1988b, 1995b, 1995c, 2003, 281–94). For the wider literature on
Großraum,
cf. Gruchmann, (1962), Schmoeckel (1994), Kerve´gan (1999), Stirk (1999), Balakrishnan
(2000, 235–45), Diner (2000b), Joerges (2003), and Koskenniemi (2004, 420–24).
210
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