Libertarianism and Restrictions on Trade With Socialist States:

Libertarianism is generally seen as requiring free trade. Certainly, libertarian thinkers from Adam Smith to the present have strongly condemned protectionism. How then can a libertarian endorse trade restrictions such as the Jackson-Vanik Amendment, which denied free trade to totalitarian states that refused to allow their citizens to emigrate freely?

Perhaps I am blinded by my parochial interest in the Jackson-Vanik Amendment, but I think there is a compelling answer to this question. Libertarianism does indeed imply free trade between private individuals and firms. But trade with socialist governments is very different. When two private individuals trade with each other, it is reasonable to assume that both legitimately own the goods they exchange. Thus, at least as far as libertarians are concerned, the law should not restrict their transactions unless there is specific proof that one or both are trading in stolen or otherwise illicitly acquired goods. By contrast, a socialist state engaging in international trade is usually exchanging goods that it forcibly acquired from its citizens. The socialist state's goods are either confiscated from former private owners or produced by compelling workers to work for the state (which they generally must do whether they want to or not, because there is no competitive employment market). Socialist states also make extensive use of out and out forced labor. In a true socialist state - one where the government owns all the means of production and the state has a monopoly of foreign trade - trade in forcibly acquired goods is the only kind of international exchange that is possible at all. Just as in the domestic context libertarianism is perfectly consistent with forbidding trade in stolen goods, in the international context it is consistent with forbidding trade with socialist governments that, by definition (as libertarians see it), have acquired their wealth by plundering their citizens.

True socialist states must be distinguished from nominally socialist societies (such as China today) that nonetheless permit a large private sector to exist and engage in international trade. However, the USSR at the time of the Jackson-Vanik Amendment (like Cuba and North Korea today) was a fully socialist society with almost no private enterprise and a complete government monopoly of foreign trade.

Restrictions on trade with socialist states may or may not be good policy. Sometimes trade with such states can serve important strategic interests (as with US trade with the Soviet Union when the two nations were allied during World War II). Critics of trade sanctions claim that they fail to achieve their goals and may even be counterproductive. Be that as it may, restricting trade with socialist states does not violate any libertarian principles.

Related Posts (on one page):

  1. Libertarianism and Restrictions on Trade With Socialist States:
  2. Representative Charles Vanik, RIP:
Informant (mail):
"How then can a libertarian endorse trade restrictions such as the Jackson-Vanik Amendment, which denied free trade to totalitarian states that refused to allow their citizens to emigrate freely?"

I believe this is an issue small "l" libertarians are split on. Some support government bans on trade with such states, some support voluntary boycotts, and some support free trade because of the liberating influence on the totalitarian state's populace.
9.5.2007 2:42am
HankP (mail):
Calling China a "nominally socialist society" is downright deceptive and undercuts your argument. There is nothing "nominal" about the totalitarian aspects of Chinese society, they still engage in forced labor and forced relocation, to name just a few of their failings. You also fail to distinguish why socialist states are special in this regard, as opposed to kleptocracies like Russia or primitive absolute monarchies like Saudi Arabia. There are plenty of corrupt, authoritarian countries that treat their citizens just as badly as socialist countries, and governments that have acquired wealth by plundering their citizens. If you really want to condition trade on the type of government in power, say goodbye to anything approaching free trade at current levels.
9.5.2007 3:54am
American Psikhushka (mail) (www):
This is a complex issue. Certainly from a humanitarian perspective it would be questionable to withold voluntary trade or aid in food and medicine from a socialist regime. (Stress on "voluntary" - as in not extorted or coerced.) One might argue that witholding trade in food and medicine might increase the likelihood of a popular revolt, but it seems like many totalitarian regimes have perfected the art of avoiding or putting down revolts for very long periods of time.

As far as trade in other goods goes it might be a question of game theory. What course of action is likely to increase the activity of black and gray market operators in socialist countries? Would refusing to trade with the government increase the black market price of your goods and therefore increase black market activity? Or would trading with the government increase the likelihood that your goods - once purchased - will be embezzled, stolen, etc. by black market operators and make it into the black market that way? Perhaps refusal to trade with the socialist regime but easing restrictions on its neighbors might stimulate black market activity through cross-border trading. On the other hand if trade is restricted this could cause competitors to form and survive within the community that does trade with these regimes helping them maintain the status quo within this community and making even inefficient state-owned producers economically feasible.
9.5.2007 5:43am
Grant Gould (mail):
I think the crucial distinction must be between socialists states as such and members of socialist states. Or to put it another way — less focus on the "socialist" and more focus on the "state" part.

Trade with governments — or government-owned businesses — is always going to be problematic for libertarians, a necessary evil at best. This is true regardless of whether the government calls itself socialist or not (and if the government has anything to trade, it is to some extent a socialist government already). There is definitely room in libertarianism to contemplate trade restrictions against socialist governments, although it would naturally be better done through voluntary boycotts.

The problem with policies like Jackson-Vanik is that they step beyond "trade with socialist states/governments" and into trade with those governments subjects and victims. This is simply heaping one misfortune on top of another. It is also ridiculous — the black markets that exist under socialism are one of its most glaring vulnerabilities, and to deny trade the chance to undermine socialism through its black markets is to ignore one of the civilized world's best weapons against economic tyranny.
9.5.2007 7:11am
J. F. Thomas (mail):
But of course you have no problem trading with states that trample the rights of workers, ban unions, allow child labor, dispossess native peoples (after all it's not like we obtained this country through fair bargaining with a prior owner) or are oligarchies that ruthlessly exploit their poor or destroy their environment for short term gain. All that is fine and dandy in your libertarian world. But if a country confiscates property from a thoroughly corrupt ruling class--one that was a haven for the mafia and almost completely in its pocket, as was the case with Batista's Cuba (where Meyer Lansky and Santos Trafficante had basically set up their own little potentates)--well that is just completely beyond the pale
9.5.2007 10:48am
M (mail):
I hope you'd support no longer applying Jackson-Vanik to Russia now, though. It was designed to punish states that didn't allow their citizens to leave freely, and Russia surely does this. It's stupid and counter-productive that it's been left in place for so long against Russia.
9.5.2007 10:49am
Byrne Hobart (mail) (www):
Why would a libertarian state ban trading in stolen goods? Doesn't that create a double penalty (someone who stole something is liable for the theft -- and for benefiting from it?)

It would make more sense to just live with those states. After all, if they're producing something through state control that wouldn't be produced by private means, they're just taxing their citizens to subsidize us. Why embargo them for that?
9.5.2007 11:59am
Mark Field (mail):
Would you have demanded that Britain ban trade with the American South prior to the Civil War?
9.5.2007 12:27pm
bittern (mail):
Ilye, why is your judgement better than mine, regarding the morality of trading with a marginal character? Should I tell you who you can trade with based on the legal working age, or should you tell me who I can trade with based on the idleness of prisoners?

You are a libertarian because you think it leads to the greatest economic efficiencies and benefits. Not because you think you have no moral right to infringe on your fellow citizens' economic liberties, correct?

Devil's Advocate
9.5.2007 12:38pm
BruceM (mail) (www):
I don't see why any of this matters. If the socialist state can sell you something (which it has acquired legally though its own laws, regardless of whether one considers it a moral acquisitition) cheaper than any other country, good for them. I believe socialism is ineffecient and thus it is rare that a socialist country would have the best, cheapest product on the market.
9.5.2007 12:59pm
Floridan:
I find it amusing that all these libertarian fine points are being brought up by someone who draws a paycheck from the State of Virginia.
9.5.2007 1:42pm
dwshelf:
"libertarian" applies somewhat independently on two axes, and we come up with different answers.

We libertarians nearly all agree that economic activity is beneficial to individuals, and is maximized by simply leaving it to occur, and with minimal tariff.

The more contentious axis is that of non-economic freedom. Do libertarian principles preclude a national ID card? No consensus exists, although those libertarians who would deny the government the power to keep track of individuals tend to be louder than those who see significant benefit to having better control of people who behave in anti-social ways.

A bit paradoxically, I predict that those who have no problem with a national ID card, those for whom libertarianism is mostly economic, would allow individuals to trade with socialistic governments, or not, as such individuals choose.

And vice versa.
9.5.2007 1:48pm
bittern (mail):
Vice versa?
9.5.2007 2:18pm
lrC (mail):
>>But of course you have no problem trading with states that trample

Presumably one should also not trade with state-owned corporations of such states. But let's not confuse "trading with states" with "trading with private corporations in states".
9.5.2007 2:35pm
Zacharias (mail):
Uncle Milton noted that economic freedom is a prerequisite for personal freedom, not the other way around. This implies that we should continue to trade even with countries that abuse the personal rights of their citizens, all the while encouraging them to open their domestic economy further, which is exactly what is happening in China. Eventually personal freedom will follow.
9.5.2007 3:12pm
Dave Hardy (mail) (www):
I trust that one can be a small-l libertarian and still see the need for statecraft. Phrased otherwise, economics is not the be-all end-all when we discuss international politics. A recognition of the value of free trade does not mean we should have allowed steel to be sold to the Axis in 1942.
9.5.2007 3:31pm
Dave Hardy (mail) (www):
I find it amusing that all these libertarian fine points are being brought up by someone who draws a paycheck from the State of Virginia.

I have a friend who is a socialist (a real one) but largely handles business and corporation law. When I asked about the apparent inconsistency, he replied that while he looked forward to a socialist state, in the meantime he had to pay the rent and feed the family. Made sense to me. : )
9.5.2007 3:33pm
J. F. Thomas (mail):
Eventually personal freedom will follow.

Nice theory, but of course it doesn't necessarily follow that personal freedom follows economic freedom. In fact there is nothing about economic freedom or capitalism in general that encourages personal freedom. In fact, China is a case in point. All the economic freedom of the last twenty years has led to almost no political reform and Hong Kong is going backwards.
9.5.2007 3:36pm
ys:
Nice theory, but of course it doesn't necessarily follow that personal freedom follows economic freedom. In fact there is nothing about economic freedom or capitalism in general that encourages personal freedom. In fact, China is a case in point. All the economic freedom of the last twenty years has led to almost no political reform and Hong Kong is going backwards.

Personal freedom following economic freedom? South Korea? Taiwan? Granted China started from a much worse situation than those two, and Hong Kong is a special case.
9.5.2007 3:56pm
liberty (mail) (www):

In fact, China is a case in point. All the economic freedom of the last twenty years has led to almost no political reform


Though there may be little political reform, I can't imagine that you could seriously argue that there has not been improvement with regard to personal freedom.

And you can trace many personal liberties to the freeing of exchange: if you allow people to open businesses and pursue profits in an open market, you must allow them some room to advertise which requires some freedom of speech; to hire and fire freely, which means there must be freedom to work where you choose; to open a new business, again a freedom of choice.

Products on the market mean a freedom to purchase goods at your own choice of stores and choose between products, rather than only have a single choice of supplier and of product type... if other kinds of businesses are free and legal, there is soon pressure to allow people to open newspapers and other media outlets. As people freely advertise and debate about business in the public space, soon the right to engage in other kids of speech is demanded.
9.5.2007 3:58pm
J. F. Thomas (mail):
I can't imagine that you could seriously argue that there has not been improvement with regard to personal freedom.

Seriously, how can you argue there has been. Of course things are better than during the Cultural Revolution, but do the Chinese have more personal freedoms or are they more free to criticize their government than they were twenty years ago--even with all the amazing economic progress they have made? I don't think so. Most of the personal freedoms have had nothing to do with the economic progress. The economic progress has really just exchanged one set of oppressors for another. The vast majority of Chinese are still abjectly poor and many (especially the rural poor) are worse off than they were when the communists actually were communists. Granted a large middle class has risen in China, but if you trade 300 million people who are a lot better off but leave 800 million the same or significantly worse off, have you really achieved much to be proud of?

Much the same can be said of Russia. Much of the progress in personal rights came before the collapse of the Soviet Union and was followed by a period of lawlessness and a brief period of stability. Now many of those gains are being lost.
9.5.2007 4:16pm
Stating the Obvious (mail):
Ever dependable JF Thomas: "But of course you have no problem trading with states that trample the rights of workers, ban unions, allow child labor, dispossess native peoples..."

Yeah. What's the problem?
9.5.2007 4:52pm
J. F. Thomas (mail):
Yeah. What's the problem?

Apparently, as far as Ilya is concerned, as long as they aren't "socialist", nothing. There is no evil worse than socialism.
9.5.2007 5:19pm
Adeez (mail):
Singapore and I forgot what other country have the two freest economic markets in the world. Both nations couldn't be any farther from having a "free" democratic republic. Can we please stop the myth that democracy/capitalism and totalitarianism/socialism are two sides of the same coin.

The word "socialist," like "communist," "liberal," and "conservative" have been so abused to be totally devoid of meaning.
9.5.2007 5:33pm
Justin (mail):
I think Ilya's conclusion is right, but I think his reasoning is completely off the mark. The real reason has nothing to do with the way the socialist's goods were acquired - if such rigid requirements to first principles were required for liberterian rules to take place, then the wholel Nozickian argument dies in the face of slavery and the US's expansion against Native Americans.

Instead, the liberterian reason for trade restrictions against nonliberterian states is based on the "debate" we had about the Iraq war and liberterian interests (except here on more legitimate grounds). That is, liberterian rules and principles break down when dealing with multiple state actors, and one has to compare liberterian values across several dimensions to determine which liberterian value takes precedent - the support of "freedom" for the second country's residents versus the support of "freedom" for your own country's residents.

Of course, the Jackson-Vanik Amendment substantially fails to track Ilya's reasoning, and its confusing why he would support the amendment instead of requiring a broader rule tied to socialism rather than emigration rights. But the emigration rights argument seems substantially better tailored to the liberterian justification that I put forth.
9.5.2007 6:23pm
Justin (mail):
"Ever dependable JF Thomas: "But of course you have no problem trading with states that trample the rights of workers, ban unions, allow child labor, dispossess native peoples..."

Note that under my theory, one could restrict trade with countries that "trample the rights of workers (at least to the degree a liberterian would consider them rights), ban unions" and "dispossess native peoples," since those may violate the second group's freedom, and bring the competing values question into play. To the degree that liberterians have problems with child labor (I can see this going both ways), the same theory would apply. This is another reason why I think my reasoning is superior to Ilya's.

(And hah, I'm not even a liberterian! Okay, off the high horse I go, as Ilya, I assume, will likely provide a humbling rejoinder)
9.5.2007 6:26pm
Christopher (mail):
I find this argument mostly ersuasive, but with one caution:

Amendments like Jackson-Vanik by their definition seek to protect the rights of one group (the rights of people in socialist republics to own their own means of production) by infringing upon the rights of others (Americans, who can no longer trade freely with said republics). Prohibitions on purchasing stolen goods make sense within American borders, but I'm unconvinced that they make sense across borders: If you follow the social contract model of libertarianism, you might argue that a government's responsibility is to protect the rights of its own citizens without regard to the rights of citizens of other nations, with whom it has no social contract.

Under that standard, I think, such amendments seem strikingly less libertarian. Just food for thought.
9.5.2007 7:09pm
Christopher (mail):
"persuasive"
9.5.2007 7:09pm
ras (mail):

The q isn't whether or not we should trade with the bad man, the q is who gets to decide that he's bad enough. The slippery slope of dictatorialism begins at the sign marked "good intentions."

This works both ways, of course. Those who get ripped off by the bad man - e.g. when a dictator nationalizes and expropriates a foreign-financed oil industry - have no one to blame but themselves and certainly do not deserve govt compensation; they ought to have known beforehand what would happen if they dealt with him. Thus are learning curves made to curve.
9.5.2007 7:16pm
ras (mail):
BTW, in furtherance of my prev comment, note how quickly shibboleths such as "trampling worker's rights" - how, by not having a govt-run healthcare system? - have already surfaced above. So it begins.

Even if we were to accept your premise, Ilya, it is a frustratingly impractical theory to implement, a vert=itable invitation to corruption. As Sam Clemens is purported to have said, when asked what to do about enemy submarines: Simple, just boil the ocean. I have given you the solution, sir, it is up to you to implement the details.
9.5.2007 7:24pm
Harry Eagar (mail):
What Hank said, but with the caveat: look at Burma.

All the worst features of socialism, fascism and racism wrapped into one, and they decided to boycott the world, instead of the world's boycotting them.

How'd that work out?
9.5.2007 8:16pm
American Psikhushka (mail) (www):
Harry-

All the worst features of socialism, fascism and racism wrapped into one, and they decided to boycott the world, instead of the world's boycotting them.

According to the CIA World Factbook they do trade with their neighbors. But this reaches toward what I mentioned in my post above, if the US embargoes a country it creates a market for others willing to trade with it. Look at the Soviet and Chinese arms industries - during the Cold War they profited by selling to everyone that Western arms dealers wouldn't.
9.5.2007 9:00pm
Eli Rabett (www):
So, on this principle should one trade with a company that uses child labor? Or with Haliburton?
9.5.2007 10:03pm
ReaderY:
What next -- boycott Great Britain because we don't like monarchies?
9.5.2007 10:43pm
advisory opinion:
J.F. Thomas an ignoramus as usual. China is undoubtedly freer today than it was 30 years ago, and certainly MUCH freer post-Li Peng. China has grassroots level elections and various little experiments in representative government in townships and villages, something that was inconceivable even 20 years ago. Even criticism of the government, modulated as it may be, is more widespread now than compared to 10 years ago.

His carping about Hong Kong is even more of a lark. He actually thinks that Hong Kong, a British colony and governorate, was for much of its colonial history more democratic than post-handover Hong Kong under Basic Law? You have to be joking or a complete ignoramus not to know that Patten and the British only belatedly tried to democratize some of the colony's institutions only as handover neared. For much of its history, Hong Kong never had as many elections and as vibrant a democratic culture as Patten would like to pretend.

In countries like South Korea and Taiwan, greater freedom has accompanied the march of economic progress. Capitalism accompanied the democratization of both countries' legislative institutions, the lifting of martial law, the dismantling of military government, and the onset of free elections. Singapore too is freer today than it was when Lee Kuan Yew was Prime Minister, and much freer than it was in its founding years, when communist subversives were routinely picked off by Special Branch or the Internal Security apparatus. Culturally and politically, the country is increasingly liberal, as is its government (before 1991, there wasn't even a legal possibility of viewing films with 'adult' themes in the country). Blogs are savagely critical of the state, and the government in turn has taken a hands off approach to criticism, when in years previous it would have responded robustly against dissent.

Of course, these developments, to the ignorant American in J.F. Thomas, are too low on the radar to merit consideration. For they blow his assumptions and conceits clear out of the water (including the asinine and stupidly cherished notion that there is no correlation between economic freedom and democratization).

So he embarrasses himself by manufacturing an opinion on China - a country he knows next to nothing about judging from his confidently held but laughable pronouncements - as a counterexample to the progressively democratizing capitalist Asian states. But even that is wrong. To any halfway competent observer of China who has even an inkling of her history, the idea that China is less democratic today than it was even a few years ago is risible nonsense.

Don't try to bull your way through this Thomas. Rectify your ignorance.
9.6.2007 12:41am
JBL:
I don't think there's a blanket answer. It's a question of minimizing market failures.

Libertarian ideas work because a properly functioning market system will always produce better results than any form of central planning, whether it's absolutist or communist or democratic socialism.

The problem is, there is a definable set of market failures - things that will prevent a market from functioning at 100% efficiency.

The reason a properly functioning market will always be more efficient than government control is because government control is essentially an artificially imposed market failure. But there are also market failures that are inherent.

In a developed market, the cost of these market failures for most (and possibly all) goods and services (and even intangibles like "family values") will be less than the cost of government control.

But in an undeveloped or developing market, that is not always the case. For example, in areas where there is little or no infrastructure to support the free exchange of goods, a large government infrastructure project can easily increase, rather than decrease, the overall market efficiency. In areas where incentives to steal exist and universal access to private security forces is not available, government intervention to prevent theft will increase the overall market efficiency.

The economy, broadly speaking, includes everyone with whom we might want to trade - these days, practically everybody. Due to the differences in geography, history, and politics, every nation has their own set of market failures. The question is, where foreign governments are acting to distort the market, what can our government do to minimize that distortion?

It wouldn't make sense for California to tax trade with Nevada, because although both state governments distort their respective economies to some degree, the difference between the two is minimal relative to the probable cost of the tariffs (which would include the cost of dealing with the existing legal barriers to the idea).

Imposing a tariff on goods imported from a particular country to counteract their subsidies of their exports, while not an ideal situation, can easily make sense. In cases (like Communist countries or many third world dictatorships) where a country's interference in the market is sufficiently extreme, a total ban may be justifiable, or it may not - it depends on whether trade would strengthen or weaken their internal markets, and on the extent to which their market failures would distort ours, and that question involves a lot of particulars.

On the whole, I think we're better off erring on the side of too much rather than too little free trade. But since market distortions are a fact of life, certain trade restrictions are compatible with the goal of increasing overall market efficiency, and therefore with libertarian principles (as well as plain old common sense).
9.6.2007 12:55am
American Psikhushka (mail) (www):
JBL-

But since market distortions are a fact of life, certain trade restrictions are compatible with the goal of increasing overall market efficiency, and therefore with libertarian principles (as well as plain old common sense).

And this all hinges on how you're defining "market distortions", "trade restrictions", "increased market efficiency", etc. I notice that people that are critical of free market capitalism, whether motivated by ideology or self-interest, tend to see market distortions or market failures everywhere.
9.6.2007 4:50am
J. F. Thomas (mail):
I notice that people that are critical of free market capitalism, whether motivated by ideology or self-interest, tend to see market distortions or market failures everywhere.

And I notice that people who have blind faith in the market tend to blame all market distortions or failures on the interference of the government.
9.6.2007 12:32pm
fishbane (mail):
As usual, it comes down to definitions. What's "socialist" mean? Are you proposing we stop trading with Sweden? How about California? What about the UAE?
9.6.2007 1:54pm
Harry Eagar (mail):
American P., yes. In the early days of the Burmese dictatorship, they wouldn't import spark plugs, but they also didn't make spark plugs.

Boycotts, whether internally or externally generated, quickly come up against those sorts of problems.

Which doesn't mean I'm against 'em. We should, for reasons of decency, not trade with some regimes. Not that our standoffishness will do any good, but because there are some things decent people should not do.
9.6.2007 3:34pm
Craig J. Bolton (mail):
I am really amazed and oh so very informed by this blog. First we have a chorus of "libertarian" rationales for pre-emptive war. Now we have a "libertarian" rationale for trade prohibitions. Did I miss the essays providing a "libertarian" rationale for torture, slavery, the divine right of kings and an abolition of private property? If so, I would appreciate someone pointing them out. I do so want to understand how the essence of libertarianism is a hybrid between medievalism and totalitarianism.



War is Peace.
Freedom is Slavery.
Ignorance is Strength.

George Orwell
9.7.2007 1:02am