My niece, a six year old, used to sow stones in hope of them breaking out; through
The ground, breathe,
I’m writing this under the influence of sickness and the thoughts it dumps on me. This is somewhat like Kahlo’s ‘What The Water Gave Me’; much stripped down though. There are texts I’ve been replying to, calls that I’ve been answering; and making myself, sometimes. More than ever, and anything, I’ve been staring at my phone.
Down two days of nothing, there are days to come. Days, I have nothing to know of. And somewhere between these days, there is anticipation lost in ambiguities. Like the refracted light of setting sun, there’s illumination, scattered, red, in my head.
I was here a month ago, I’m still here, at least that; what he thinks. Should I call him ‘it’ if he’s nothing more than a thought? A desire unfulfilled, revisiting my bed like a nightmare I’ve been dreading of. Something sinks, puts a hook somewhere within, and then leaves like a soul. Where do we keep our medicines anyway?
So, this makes me, and I make this a show. A weekend still awaiting its demise like a plagued outcaste. As I am sick, and you know, I shall be forgiven if I puke my words out; they are, after all, a collective of self-destructive invisibles.
Nosing through my favourite daily, I came across, hidden right in the corner and described in not even 30 words, a ‘news’ on art. Famous and quite ‘unpopular’ (of course) Ukrainian artist Daria Marchenko, along with a fellow artist Daniel Green, has created a portrait of Donald Trump by using one cent and five cent pieces as primary materials. It is nearly eight foot by six foot in structure but goes on to scale much further heights in symbolic commentary.
Titled ‘Face of Money‘, this work which represents a political figure as the only subject of the artwork, succeeds similar work by the duo titled Face of War, a portrait of Vladimir Putin made up of bullets derived from Ukrainian soil.
Despite its apparent representational meaning, and something that has been musing artworks across genres and mediums, the politics is essential here. This is because it’s not just the politics of the subject matter that we are dealing with here; it’s also the politics that underline the use of the material, or should I say, the ‘play’ with it. The politics of the figure represented in the artwork is closely intertwined with the politics of the material used for the creation of the artwork. Is this Bolshevik Constructionsim? No.
The politics of the material is evident in the representational meaning that is ‘constructed’ through the artwork. I call it ‘constructed’ meaning because the intended understanding of the material is not just divorced from the existent meaning of the same, but there is imposition of a new meaning on the material, which sums up to further construct a meta-meaning. Marchenko and Green are not just making portraits of the most despised political leasers of today, they are making them with bullets and currency coins. And, in doing so, they become the author of a process which itself is immensely political in nature – construction of knowledge.
What is this ‘meta-meaning’? How does the artist becomes the author of a constructed meaning? Well, if ‘looked at’, both the portraits use the incongruous marriage of art and mundane objects in order to create a meaning which is above and significantly different from both the material used and the art practiced. In terms of the practiced art, the creation of the meta-meaning divorces the art from its representational, muted and aesthetic meaning, and uses it as a mere tool to signify the meta-meaning – a protest, a commentary, an engagement. However, in terms of the material, this process of alienation and subsequent imposition of meaning becomes much more apparent and fascinating.
In Face of War, we do not see a much ‘radical’ alienation of meaning when it comes to the material; even though it was quite radical in itself to ever imagine an object of destruction as a subject matter of an object of creation. However, in Face of Money, we see a much more rigorous re-imagination of material meaning, leading to a much furthered alienation and a much ‘constructed’ representation of the meta-meaning. The currency coins, material used in Face of Money, is a mode of exchange, prosperity to some, destitute to other. Even though much has been written about the role played by money in our lives, and the same has contributed to the ‘extended’ meaning of the same, it was quite novel of Marchenko and Green to understand currency (different from just ‘money’ because there is a deliberate use of US currency only) as a mode of political exchange. According to the daily wherein I came to know about this new work, this was conceived last summer when Mr. Putin ordered the US to reduce its diplomatic footprint in Russia by 755 employees and Trump thanked Mr Putin saying it would allow the US to ‘save a lot of money’. Hence, we can see how the artists have re-imagined the US currency and created a meta-meaning where the currency becomes a tool of political exchange of ‘convenience’, neglecting the social, emotional and economic repercussions of the same.
Material is not the only object re-imagined in this meta-meaning of Face of Money. One can also see this as a process of toying with Neoclassicism, wherein royals embraced the subject matter of the art for the same was ‘commissioned’ by them for their own grandiosity. Here, we can see Marchenko and Green ‘bringing back’ the style and altering the intended meaning in order to create a deeper and much more profound understanding of the artwork. We can see the same process being used by many contemporary artists across the mediums, for instance, Shadi Gahdirian, an Iranian art photographer who in her collection Qajar re-imagined the traditional Qajar style of Iranian photographer and used the same style to construct a novel meaning.
Just as the ‘commission’ of art gets democratic, decentralized, disobeyed, we see the protest surfacing. The Speech becomes satire; the Character, caricaturing; and the meaning of what is power and the powerful, well, looking down at the Powerful from eight feet high.
It is striking here that the places people live in are like the presences of diverse absences
– Michel de Certeau
What is it to see the city stripped off its subjects; of its people and their perils. How would you ‘look’ at the space when all that is there to see is stillness. A still photograph imbued in a thread of many, unlike a movie, moving in time but not in motion.
As I board my cab for the airport at around 2 am, I become one of such subjects. I look at the city, like the still photographs, passing by but not moving; with every frame, image, capturing a still scene of what may be the city’s identity, or the part thereof. What is this ‘city’ anyway? How and why do I perceive this space to be a ‘city’; that too a city very orderly differentiated and demarcated from the other spaces (maybe, other cities). What is it that propels an understanding within to see this space as a limited and structured display of self which is given to be demarcated from the limited and structured ‘other’; that ‘other’ being either experienced or imagined. Maybe, in that ride to the airport, I take this limited and structured demarcation to be a ‘given’; much like a Gramscian development of an internalised and rationalised hegemonic belief. Or, is it the pure ‘uniqueness’ and the aesthetic of the same, reflected in the stillness of the city-scenes, that lifts my conscience from the profanity of material understanding of meaning to the spiritual escape into the metaphysical.
Either way, I continue to travel; being driven on the route predestined by an app that maps my movement, my journey from the start to the end, and introduces it to me in a faceless display with an alien voice. But, how much could the market and its technology assert control over my journey? What is this ‘journey’ anyway? Is it the mere physical movement within the material space, or does it carry possibility of constructing non-physical movement termed as ‘experience’? If the literature of the past and present (and hopefully future) is anything to go by, the journey is more conversational than didactic. It is the development of oneself through an array of meanings, both constructed and understood. Yes, there is materialism, though not always, involved in what we understand as a ‘journey’. But the meanings that we construct are not always constructed upon or within the space orchestrated by such materialism. And, even if we do, let’s say, my journey is foundational and is well within the voids structured by the materialism; there is no ‘given’ in terms of interpretations I gather off the well-defined material space. Neither, do I, bound myself to the singularity of meaning that the materialism of the space might expect off me. So, dear ‘mobile cab-booking app’, and the hideous display of inhumane manipulation of the space that you create by ‘mapping’ my movement, you can never control my ‘journey’. You might be able to control the fodder that feeds the construction of my meaning, my relationship with the space, but nothing of your volition will ever be able to decipher the understanding I rationalise through this self-driven ‘movement’ called ‘journey’.
‘Photograph… a record of a reality refracted through a sensibility’
– Victor Burgin (1986)
Shadi Ghadirian and her range of artistic photography vocalise two of her most personal identities: Iran and womanhood. However, as expressed in her collection Miss Butterfly (2011), and in various films that struggle to sieve through the web of state censor board, personal and public are not significantly distinguished and demarcated spaces for Iranian women. However, it is not the politics of her subject matter that is the only fodder for one’s fascination; if one may look closer, or deeper, it is her process that fancies.
In her frames, Shadi Ghadirian captures the duality of contemporary existence in Iran; imbued in life’s contradictions and an innate desire to be understood. This duality can be seen as a struggle, if not a conflict, between tradition and modernity in the prevailing sense of representation in Iran. To Shadi, this duality in representation is more apparent in the representation of women. In her collection, Qajar (1998), Shadi uses the style of traditional Qajar photography, famous in the 19th century Iran, and twitches the construction of meaning by invading the traditional space with an object that signifies modernity.
The duality represented in Qajar answers well to the understanding of a ‘photograph’ as provided by Roland Barthes. Instead of its artistic composition, Barthes was more focused on its construction of cultural myths on a mass scale. In Mythologies, Barthes asserts that a photograph is a coded, historically contingent, ideological speech which is amenable to scientific study and semiotic analysis. In Qajar, we can see Shadi substituting the surface understanding of the picture with a larger ideological and political meaning which is represented through well coded symbols that carry certain political meanings in themselves. Therefore, the use of a traditional style (Qajar) as a space where little objects of modernity are placed, alienates the meanings earlier associated with these two elements and conjoins them to construct a new political meaning. Interestingly, the women in these photographs maintain the facial features and aesthetic sense that was prevailing during the Qajar period. In such a frame, an object of modernity seems like an inevitable reality to which women in Iran might have dealt with in an operational sense but not in a cultural sense.
Apart from construction of duality in representation of Iranian women, we see another very fascinating feature in Shadi Ghadirian’s photographic process: The symbolisation of the subject matter.
Photography for Shadi is as symbolic as it is real. So much so, that when the urge to surface the reality, which has been brushed aside for so long, becomes irresistible, the symbols become the voice that speaks on behalf of reality so silenced. It is when the language of reality becomes too hard to gather, that the symbols become the mouthpiece of one’s truth.
In Miss Butterfly, we see the frames depicting meanings that are drawn not from the referrant herself, but from the space in which the referrant is placed. In addition to this, the interplay or engagement created between the referrant and the object (in this case, the web) alienates both the referrant and the engaged object from their own meanings and reduces them to become mere symbols of a political message.
Miss Butterfly was inspired by renowned Iranian playwright Bijan Mofid’s piece about a butterfly’s ill-fated pursuit to encourage her fellow insects to escape captivity of a spider’s web and go see the sun again. In each of the images from the collection, women are shown weaving or unravelling webs attached to the frames of light (an exit). They seemed at turns overpowered by the narrow staircases and rooms or dwarfed by the stately homes in which they are placed (Nagree : 2006). More than anything, it is the overpowering darkness that reflects the most upon the reality of the lives of these women.
Shot in black and white, the women in these frames are symbols of multiplicity of layered meanings. One such layer is the public-private divide in the lives of Iranian women. The images show women wearing the headscarves even in the private space within a domestic setting. Some critics argued that the same was deliberately done by Shadi to comply with the guidelines of the state censor board. One might not see this distinction as relevant within the religious context but the same does come across as a constructed meaning from the direct reading of the photographs.
Unlike the meaning usually associated with photography theorists, the pictures in Miss Butterfly are much alienated from the actual reality of the referrant. Such alienation is much evident in the poetic construction of the frame where the object which symbolises captivity is enlarged from its usual/normal size. Moreover, the careful selection of space and source of light, also work towards alienating the referrant (women) from their actual historical context; hence reducing them to mere symbols of general understanding of oppression. One may say, Shadi Ghadirian in Miss Butterfly, becomes the author of the photograph; metamorphosing the reality into well construed ideology and representing the same through intelligently placed symbols.
We can see this well thought of placement of incongruous objects to create meaning in her other acclaimed works such as Like Everyday (2000) and Nil Nil (2008) as well. In all of these works, the ideological motive becomes a vantage point from which objects (including humans) are seen through preconceived meaning.
It is through her well choreographed process, that Shadi Ghadirian imbues movement in stillness. Since the subject matter of her photograph is not the historical fact or abstracted reality but a political meaning, the pictures escape the socio-temporal existence and remain relevant till the political objective is achieved. Therefore, the referentiality and indexicality of Shadi Ghadirian’s photography is not reflective of the world represented in the photograph but of the world ‘out-there’; that is, the world outside the photograph but yet so near.
This subject matter, however, runs contrary to the classical understanding of photography which considered a photograph to be stillness; so much so that some considered it to be a death. Christian Metz in his Photography and Fetish (1985) argues that photography operates as a figuration of death. Metz says ‘photography is an instantaneous abduction of the object out of the world into another world, into another kind of time… photography by virtue of its stillness ‘maintains the memory of dead as being dead.’ In common parlance, photography is compared with shooting; the camera becomes a gun.
Shadi Ghadirian, on the other hand, is bringing alive the voices of the dead and the denied. With every frame and image, she challenges the ‘still’ nature of her medium of expression by constructing meanings that remain relevant, existent and omnipresent. Shadi’s camera is not a gun; it is not a flag of peace either. More than anything, it is a mirror; reflecting what ever movement and the moved fails to see through his own naked eyes.
Okja is undoubtedly a reflection of Bong-Joon Ho’s evolving auteur. A mouthpiece of environment advocacy shied down by wry humour and avant-garde character design. As any film review would define it, Okja is a story about the journey of a young South Korean girl who fights against all odds to get a genetically enhanced pig which does not belong to her either physically or intellectually. The movie never deviates from its central plot and each shot is quite smartly put to create a fast moving progression of the primary storyline; something which really fuels the existing anticipation. However, despite its strict editorial work, there are few shots in Okja that really stand out for reasons other than the central narrative. These shots are not about Mija (Seo-Hyeon Ahn) or Okja; rather they come across as a didactic commentary on a post-modern understanding of human relationships.
Hayao Miyazaki, a Japanese anime giant, has given us a dreamlike depiction of Mija’s life in the hills. The sounds of running water and breaking branches engulf the viewer in the serenity and simplicity of a life closer to nature. In almost all the shots we see both Okja and Mija developing a personal relationship not between themselves but also with the natural bounty around them; whether it be the giant rock or the flowing streams. We hardly see any sign of modern technology but there is contentment abound. There’s a prevailing of a selfless yet a settled sort of a happiness which is not dramatically over joyous or unnecessarily indulging.
And then we move to Seoul; a city to its every definition. Suddenly, we see panoramic and aerial shots being taken of the herd of people moving towards the railway station – just like the ones showing the hills in the beginning of the movie. These shots sort of reintroduce the viewer to the narrative of the film, maybe emphasising on the shift in the storyline. However, I also see them as a conscious effort on the part of the director to showcase a distinction, and that too of a stark one, between a rural and an urban life. However, this distinction is not just physical but also emotional. The aerial shot of the herd of people moving towards the railway station focus only on the quantity of the subject matter and not the identity. So, we just see a faceless crowd moving uniformly towards a common destination reflecting the growing mechanisation of human activity. This is in complete opposition to the free-moving and unregimented movements of Mija and Okja on the hills.
This regimented and mechanised ‘city-life’ is shown to have a distracting capability of its own. On one hand, we have a determined Mija trying to find a familiar face and on the other, we have an association of beings spatially so close yet empathetically so separated. This brings me to the second most profound didactic theme – alienation.
When Mija reaches the Mirando building in Seoul she is met with a surprisingly empty office and a lot of glass walls. One of these glass walls separated her and the receptionist who then asked Mija to use the telephone placed on the other side of the glass wall to communicate to her, ignoring the most obvious of Mija’s signals. That glass wall represented the alienation that has become a characteristic of the urban milieu where people are more comfortable in communicating digitally. This also stands in contrast with the kind of communication and understanding Mija shared with Okja despite not understanding each other’s language. This sign of digitally induced alienation is also visible in the scene where a girl who is running away from Okja in a supermarket chooses to make a Snapchat video rather than actually experiencing the feeling of being afraid.
Within the scenes of Korea, we see another sign of post-modern emotional deficit – Animal Liberation Front. This sign is very subtle and confusing for it operates in overlapping meanings. Modern day organisations walk the line between being phoney and being relevant. And then sometimes we come across organisations or people who cannot fight a cause until it is contextualised; neither can they connect on emotional levels without putting that connection under a contextualised category. ALF failed to grasp both the emotional simplicity of Mija’s relationship with Okja as well as its own decaying ethos – respecting the animal life. Though their understanding does change in New York when they are faced with some disturbing visuals and an unknown fact from the past, the way they operated as an organisation as a whole does reflect a sort of contextualised understanding of animal rights. Their faith in non-violence and ecological conservation did become a part of Bong’s wry humour but it also reflected as to how modern day organisations have become increasingly normative; vying for immediate short term impact rather than aiming for long term structural changes.
Okja is not a narrative with explicitly enlarged sub-narratives. These sub-narratives are very subtle and can be subjected to interpretations. However, the use of camerawork at certain shots forces a viewer to delve further into the intentions of the director. The central narrative may or may not promote vegetarianism or at least the abandoning of corporate food processing units, but it sure does try to create an awakening about the rising emotional decadence in the digitally connected urban beings.
Trump’s decision to pull America out of the Paris Agreement on Climate Change comes just two months after the publication of NATO Report on Food and Water Security in the MENA region. Taking into consideration the amount of control US enjoys over collective decision making of NATO, Trump’s decision has made a mockery out of the Science and Technology Committee of NATO.
The report which was published in March 2017 heavily emphasises upon the interconnection between scarcity of natural resources and the rising civil conflict in the Middle East and North Africa Region (MENA). According to the report, this interconnection manifests itself in the form of humanitarian crisis, migratory pressures, and intra-state and inter-state conflicts.
It is not just NATO but even US Department of Defense considers climate change to be a threat multiplier. Former US Secretary of State Chuck Hagel said that climate change will lead to disputes over refugees and resources. In addition to this, a research paper submitted to the US National Academy of Sciences claimed climate change as one of the major reasons behind the civil war in Africa. Assenting to the choir, former UN Secretary General Ban Ki-moon called the war in Darfur as the first climate conflict. Many scholars in US universities have conducted comprehensive studies to demonstrate the impact of global climate change on armed conflict.
As the scientific and academic community, both in US and UN, is constantly focusing on understanding the impact of climate change on rising conflicts, the current decision of President Trump doesn’t shy away from disregarding the entire body of literature on the matter. As the clamour for greater environment protection grows louder, and leaders such as Modi, Macron and Merkel explicitly declaring their stance on the Paris Agreement, this move further isolates America from Europe and provides a gateway to China to muscle up its diplomatic relations with the region.
Murasaki Shikibu, if not dissected psychoanalytically, represents a landmark of women literacy in the history of the world. As court lady in the ancient Japanese empire of the Fujiwara period, Murasaki pens down what is seldom referred to as the first novel in the world.
Murasaki is able to write a sort of historical account of her period due to the proliferation of Chinese language in the elite circle of Japan. Daughter of an imperial aristocrat, she was exposed to the learning of Chinese which was seen as a status symbol for the high ranking families in the region. Even though Japanese relations and actual cultural importations from China were put to halt by her time, she does create a cultural bridge between the prosperous Chinese civilisation and her own northern city of Heian Kyo (modern day Kyoto).
In her massively popular The Tale of Genji, we see quite an insightful account of Japanese socio-cultural life of the early eleventh century. Out of many themes, what marks the depth of the entire novel is the spiritual element that Murasaki is able to grasp and reflect upon the circumstances of her real life. After the death of her husband we see the reflection of Buddhist ideas of impermanence and universal transience in the poetry of Murasaki who herself was a devout Buddhist.
Buddhism (Tendai) came to Japan from the Chinese hills and became the dominant religious faith during Murasaki’s time. The Mahayana Buddhism and its principle of resignation from the sorrows of the world reflected heavily in the Japanese poetry of the ancient period; even though the same wasn’t followed to the letter in practice.
Japanese Buddhism was fascinated with the concept of fleeting nature of the world and the same can be seen in this poem from the Nirvana Sutra:
Brightly coloured though the blossoms be, All are doomed to scatter. So in this world of ours, Who will last forever?
So in Japanese Buddhism, the memento mori should not be a grinning skull but the images such as scattering of blossoms or the yellowing of autumn leaves, which served to remind them that all beautiful things must soon pass away.
The host full of women Japanese writers of the period include one of the most emotionally intellectual poetess Izumi Shikibu. In her poetry, we can find an outspoken lamentation about death and illness. This is an excerpt from a splendid and one of the heart warming poems she composed, and this one, she wrote on her death bed:
Yo no naka wo
Nani ni tatoemu
Kogiyuke fune no
Ato no shiranami.
Yo no naka wo
Hana miru hodo no
Kuraki michi ni zo
Haruka ni terase
Yama no ha no tsuki.
This was translated by Arthur Waley:
This world of ours –
To what shall I compare it?
To the white waves behind the boat
As it rows away at dawn
This world of ours –
Why should we lament it?
Let us view it as we do the cherries
That blossom on the hills
Out of the dark
Into the dark path
I must now enter:
Shine on me from afar,
Moon of the mountain fringe
The same lamentation about the fleeting nature of life can be seen the sombre dispositions of Murasaki Shikibu. The Tale of Genji is heavily preoccupied with evanescence and death. She writes (in her diary) – ‘If only I had been more adoptable and respond to the pleasure of this fleeting existence with a little more youthful enthusiasm! In her verse she writes:
Like the waterfowl that play there on the lake
I too am floating along the surface
Of a transient world
Apart from lamentation about the sorrows of life, we see a sense of understanding of the transience nature of the world. Another Japanese writer Sei Shonagon writes about the death of her mother –
“The moaning period had come to an end and as usual time was hanging heavily on hands. I took out my psaltery and, as I dusted it, plucked occasionally at the strings. Now there was no longer a taboo on playing music, and I reflected sadly on the transience of this world.“
And finally Murasaki writes –
As I walk across the bridge
That spans the Ford of Yume
I see that this world of ours too
Is like a floating bridge of dreams
Japanese poetry of the ancient period cumulatively reflects the theme of resignation, an ideal so central in the teaching of Buddhism. Even though the subject matter focused on resignation, the very act of writing and creating a body of literature that is homegrown, shows a complete opposite of it. As the eleventh century marks the blossoming of Japanese indigenous culture, after centuries of Chinese and Korean imitation, the idea of democratisation of art and the aesthetics itself have something to cry and take pride at the same time.
Spain has imposed a support levy on the producers of solar energy in order to deflate the looming deficit in the energy sector of the country. The tax is supposed to help the government in cashing upon the growing demand for solar energy in order to run the government operated grid.
Spain’s energy sector has hit by two pronged attack –
The decline in the investments in renewable energy sector
The rising rate of import of energy
In 2014, the government of Spain had withdrawn the subsidies from the renewable energy sector, a move which was a shift from the “Feed-In Scheme” followed by most of the European countries. Under this scheme, the producers of renewable energy are given subsidies in the form of technology cost cuts and minimum support revenue. The withdrawal was later backed by the Supreme Court which upheld the constitutionality of the same and left the renewable energy producers knocking the doors of EU and other arbitrations.
The second problem arose for the fact that Spain imports 80% of its energy supply, expending 40.5 billion Euros annually which is 4.5% of its GDP. This trend became even more unfortunate by the growing rate of renewable energy consumption in the country. People who installed solar panels not only consumed energy by themselves but also saw it as a commercial opportunity to sell the surplus electricity produced from such panels. This further concentrated the fiscal burden on the government and the tariff deficit soared to 34 billion Euros; even when 95% people still receive electricity at Tariff of Last Resort (TLR) rate which is governed by the government.
It is in this backdrop, that the Spanish government came up with a tax on Photovoltaic System (PV) owners. The key features of this policy are:
PV systems up to 100 kW are prohibited from selling electricity. Instead, their owners are required to donate the extra electricity to the grid for free
For PV systems up to 100 kW, the owner of the installation must be the owner of the contract with the electricity company. Moreover, before installation, permission must be sought from the electricity supplier and the Spanish government
Community ownership is prohibited altogether for all sizes of self-consumption systems
After establishing the law, what comes next is the test of legality where the piece of legislation is made to stand the principles of rule of law, non-arbitrariness and fairness. Likewise, the sun tax needs to pass the legality test vis-à-vis Spanish Constitution and EU Directive on Renewable Energy.
The constitutionality test of sun tax attracts two provisions of the Spanish Constitution – Article 9.3 that establishes principle of legal certainty and non retroactivity of punitive provisions and Article 106.2 that puts an obligation on government to compensate individuals for losses suffered by them due to administrative action. Even though the retroactive application of PV Systems tax does violate Article 9.3 by setting a punitive provision even for those persons who had already established the PV systems, the Supreme Court’s multiple rulings denying the unconstitutionality of cut in feed-in tariff (subsidy to renewable energy sector) makes it near impossible for the Constitutional Court to have a different interpretation of Article 9.3 vis-à-vis retroactive taxation. Moreover, proving legal uncertainty in this matter would be difficult as the Electricity Sector Law 54/1997 authorizes the government to modify its energy policies as long as the modifications are objective and non-discriminatory. So the only way to move ahead with Article 9.3 is to show how the aforementioned tax does not pass the test of objectivity and non-discrimination as laid down in the Electricity Sector Law for it does not give any reasonable explanation for differentiating between the class of PV Systems Operators and other electricity suppliers.
The major bottleneck in moving Constitutional Court to strike down PV Systems tax as unconstitutional is Article 162 of the Constitution. Since the sun tax is a Royal Decree-Law (as it was ratified by the Parliament), as per Article 162, the appeal for unconstitutionality of such law can only be moved by the Prime Minister, President, Ombudsman, 50 members of Parliament or 50 members of senate. It disenfranchises the Union of PV Systems owners, people who are most severely hit by this law, to move the Constitutional court for the ultimate remedy. The only way through which they can approach the court is when the actual application of the law, for instance deciding the rate of tariff, causes some discrimination for which an appeal can be filed only to an ordinary court asking it move an appeal of unconstitutionality in the Constitutionality. This indirect procedure is highly uncertain and depends on the mercy of the ordinary court to endorse an appeal to the Constitutional court.
Since it is very difficult to strike down the PV Systems tax as unconstitutional, an effective remedy can be to approach court under a liability suit asking for compensation for the loss caused by an administrative function. However, even in that case the loss has to be real, concrete and of economic value.
Other legality test for the policy is the one posed by EU Directive 2009/28/EC. Clause 8 envisages a mandatory target of 20% contribution from renewable energy in the total energy production by member states by the year 2020. In addition to this, Clause 19 asks the member states to constantly evaluate energy policies and ensure that they are aligned to meet the aforementioned target. The sun tax policy is anything but the compliance of both of these clauses. Therefore, as of present, there are 6 petitions pending in the EU court challenging the cut in feed-in tariff and 9 petitions challenging the sun tax.
Another challenge under International Law comes from the Energy Charter Treaty to which both Spain and the EU are signatories. Article 10 of the Treaty obliges the signatories to provide fair and equitable treatment to the investors of the other contracting states, to respect the obligations entered into vis-à-vis contractors, and not have a differential treatment between foreign and domestic investors. Moreover, International Arbitration Tribunals have upheld the protection of legitimate expectation of investors to have a stable and predictable legal and administrative framework. This Article is largely in line with general protection guaranteed under Article 9.3 of Spanish Constitution. Since, this policy is already shown to be violative of Article 9.3 of Constitution; it would be safe to call it violative of Article 10 of the Treaty also. Now that the discrimination has been established, the investors can move either domestic courts or international arbitrations to challenge the discriminatory policy under Article 26 of the Treaty. Pending arbitrations such as EDF v Hungary and Vattenfall AB, and Vattenfall Europe Generation AG & Co KG v Germany, show that Article 26 can be applied in EU member states also.
It is quite obvious that the tax on PV Systems will have an adverse effect on the cause of environment protection. At the post COP 21 era, where commitments have been made to move towards greener and alternative sources of energy, this move comes across as a move backwards.
Instead of taxing renewable energy to support conventional energy market, the government of Spain should have accepted the voluntary or obligatory quota scheme as followed in Sweden. Under this system, producers of renewable energy are given certificates for every unit of electricity they produce. Moreover, in some areas the electricity supply chains are obligated to take a quota of electricity from renewable energy producers. Therefore, the producers of solar energy are able to sell electricity in energy market at equal price and have full access to the demand. This system ensures balancing of electricity consumption and production on the basis of market forces of demand and supply and either way the energy sector market is benefitted with revenue. This scheme will also reduce tariff deficit for the system ensures reduction of support cost as it is operated through competition.
Since there is abundance of sunlight in Spain and people are also choosing renewable sources of energy, the abovementioned scheme is a much better choice than the sun tax for the former will encourage growing foreign as well as domestic investments in the energy sector, hence reducing the deficit. On the contrary, the sun tax will repel the investors; increase the burden on government to provide support cost for conventional grid energy.
With abovementioned arguments in context, the people of Spain shouldn’t be charged for sunlight, a public resource so central to their cultural and folk practices. I hope the sun would set on the tax and the jubilation would again sing – Sale el sol.
Famously termed as the father of Modernist Art, Cezanne through his seminal work named Large Bathers, captured the historical shift of aesthetics in European art. A painting that took seven years to complete and was in process of being completed till Cezanne’s death, has become a celebratory piece that represents the genesis of modernism and the revival of impressionism in European aesthetics.
1. Art Appreciation
The painting has been made by keeping the geometrical construction in mind which was quite prevalent in the perspective art of renaissance; especially the use of triangles. We can see the division of painting into three triangles. The first two triangles show the groupings of six women on each side of the painting and the third triangle is the larger figure that contains both these triangles as well as the background of the painting and meets at the point where the two trees meet in the sky. Such geometrical construction is used to create balance in the artwork.
We can see the reflection of Classicism here which is very similar to the famous work named Diana and Actaeon by the late renaissance Venetian artist Titian. In both these works there has been attempt to visualise human nudity in public space by making human body a primary language of expression (a heavy characteristic of the entire Classical Art). Even if we focus on the two standing women in the picture, the one in the left (woman striding from the tree) looks similar to the 18th century sculpture of goddess Diana and the one in the right, with the positioning of her knees, shows uncanny resemblance to the ancient sculpture of Venus de Milo.
However, this is also a major shift from Classicism for its lack of detailing in the depiction of human body. Now this is where this painting becomes fascinating.
Diana and Actaeon by Titian (1556-1559)
Inspired by the Impressionist school of art that focuses on elements of art such as light and colours rather than objects, Cezanne here brings back our focus on the fact that it is the element and not the object that is the subject matter of this painting. One can say that this is the purest form of commentary on Classicism where the Classical fascination and technique is used to make something which is a complete deviation from the Classical school. This is evident from the bodies of the women in the painting. Instead of showing sensuality, there is heavy abstraction. So much so that the white marks on the bodies are nothing but the display of the canvas itself for the painter did not choose to paint these spaces. By doing so, he takes out attention from the beauty of a woman’s body to the shapes and forms that represent it (elements of art).
Cezanne’s focus on abstraction is evident from the figures on the two extreme ends of the painting where these figures are not even completed and are represented in a sketched form. Also, two figures in the background, a man and a horse, are also represented in the most abstract form possible, thereby restricting our appreciation to the elements such as colours (beautiful shades of blue and orange) and shapes. The use of flat strokes to depict the sky and the leaves, also weighs towards impressionism and abstraction.
2. Art Philosophy and History
The most striking theory of this painting is its heavy commentary on movement. The mixture of Classical subject matter and Impressionist technique shows the historical shift in the European art practice of the period – which is a shift from perspective realism of renaissance to the abstraction and use of elements of art. If we look into the painting, we can see that it is divided into three parts:
First part is the representation of Classical art by the depiction of nude women bathing in public.
Second part is the river that separates the the first part and the background.
Third part is the background where we see a man moving away from the painting to another direction.
It is said in one of the interpretations that the man in the background is Cezanne himself and his movement depicts an act of moving away from the traditions of Classical art to a practice that is more elemental in nature. Another example of movement, is the swimmer, who also being distanced from the first part, is shown in moving abstraction.
The other theory that is vocal in this painting is that of alienation. At least six women in the painting are looking away from the audience; and the ones that are staring within the space of painting, have blurred faces. In addition to this we can see spaces in the figures which are left white and shows the bare canvass, which to much of conspiracy theories, can be associated with an external force interrupting the artwork or the purest expression of nudity – which is, no colour at all! Well, all this representation of alienation is there because Cezanne was heavily influenced by the Impressionists. However, it also creates an element of chaos and spontaneity in the painting. Something which takes me to this idea of Dissolving and Becoming.
The burring figures in the painting as well as the use of flat strokes give this impression that either the scene is captured during its dissolution or during its becoming. This Dissolving-Becoming dichotomy is synonymous with the process through which we perceive reality. The velocity in which the mind captures the everyday display of reality and processes it is so fast and chaotic that we lose out on understanding or knowing that exact moment when perception takes place. That exact moment when external signals are processed into knowledge. And this is precisely what can be read in the disturbances of this painting. If we refer to my previous piece on Alan de Button’s Art as Therapy, we can bring his idea of the role of art in creating emotional equilibrium to this painting. Cezanne’s construction of chaos makes the viewer use to neurological process of perception to understand the process of perception itself – which is an affair so fast that it reduces the reality to indiscernible representations. It is this understanding of the role of art that not only designated Cezanne as a father of modernism but also made his works an inspiration for future schools such as cubism.
This picture is one of the most celebrated examples of how art takes the position of a moral canon to teach us about emotional equilibrium in life. Surfacing in Alan de Botton and John Armstrong’s “Art as Therapy”, this picture shows a couple unconsciously becoming a language of grief in public while being perched on a court bench. While man’s face is lost in obscurity, something that may flow from his complete loss of understanding of this relationship, the woman finds herself under the light and hence becomes the focal point of the artwork. The scarf adorning woman is silently staring at a space within the picture showing signs of being lost in contemplation. The ‘would have been(s)’ of life are coming back to haunt her as she prepares to embrace a so called ‘immoral’ act of taking divorce. This idea of contemplating the choices is the central argument of the artwork; for the representation of oblivion through the figures in the background show the smallness of one’s tragedy in others’ eyes.
Alan de Botton argues that art can be an attempt to encourage our better selves through coded messages of exhortation and admonition, i.e., art can help us in balancing our emotional life by exposing us to emotions that stops us from fulfillment or equilibrium. For instance, a fighting couple may not be able to evaluate the level of grief they might face at the day of divorce and this artwork might make them aware of that. Therefore, art for de Button is important in creating equilibrium in ourselves.
Moreover, the very fact that the picture lacks normative attitude and shows the scene as it is shows that art doesn’t claim the space of moral canon as understood by the society. Rather, it shows the consequent side of not abiding to a particular moral standard and leaves the choice to the spectator.