cuba embargo affirmative - international law version - northwestern 2013 6weekjuniors

8/10/2019 Cuba Embargo Affirmative - International Law Version - Northwestern 2013 6WeekJuniors

1/64

Af


2/64

1AC Material


3/64

1AC-Courts Plan

The ederal judiciary should substantially reduce the economicembargo against Cuba by ruling it in violation o international

law.


4/64

1AC-nternational !aw Advantage

The Cuba "mbargo is in violation o #nited $tates internationaltreaty obligations % the Courts are legally bound to act

Mancha& 1'(Benjamin Manchak, Staf Writer, Boston College ThirdWorld Law Journal, Comrehensi!e "conomic Sanctions, The #ight To$e!eloment, %nd Constitutionall& 'mermissile )iolations *+'nternational Law, Sring -./., Le0is1e0is, 2. B3C3 Third World L3J34/566M#789et the #nited $tates eforts to bring its embargo on Cuba more in line withinternational human rights and international humanitarian legal normshave missed a critical (oint) the illegality o the embargo underinternational law is not (redicated e*clusively+ or even (rimarily+ on itshumanitarian im(act.n: This Comment argues that thecomrehensi!e ; embargo onCubacould ha!e no negati!e ?humanitarian? conse@uences whatsoe!er, and &et it would violate

international law because it undermines a nation,s ability to develo(.nA

ecause the ederal laws and regulations codiying the Cuban embargoconict directly with #.$. treaty obligations and its duties undercustomary international law+ they are unconstitutional.n5 ntil Congress ;romulgates new laws that e0licitl& assert this countr&s intentions to contra!ene international law, thecourts should stri&e down any (rovision o the embargo on Cuba+ whichafects Cuba,s right to develo(+ as unconstitutional. nD %lternati!el&, Congress shouldmore seriousl& aroach its dut& to uhold the Constitution, rather than siml& rel&ing on the judiciar&, &admitting the unconstitutionalit& o+ its own enactments and dul& reealing the !arious laws comrising the Cuanemargo3 n= Eresident Barack *ama had an oortunit& to demonstrate a renewed commitment to coml&ingwith the ?law o+ nations? in Setemer -..=, ut he instead chose to sta& the course o+ his redecessors, datingack to Jimm& Carter, and e0tended the e0ecuti!es ower to imlement the emargo3 n/. For now, with nomeaning+ul action eing ; taken & the e0ecuti!e and little likelihood o+ inter!ention in this contentiousolitical issue & the judiciar&, it is u to Congress to ?e cogniGant o+ this countr&s gloal leadershi osition andthe need +or it to set an e0amle with resect to human rights oligations3? n//

The #$ violates international law through maintaining theembargo/two reasons

1. 0iscriminationohnson '2 (Brent Johnson, J3$3 Candidate, B3S3, Chemistr&, Brigham9oung ni!ersit&, Eh3$3, Chemistr&, ni!ersit& o+ Cali+ornia, 1*T" %1$C*MM"1TH "IE*#T'17 M"$'C%L E#*$CTS T* CB% %S %1"IC"ET'*1 T* T" 1'T"$ ST%T"S "MB%#7*, winter -..5, WhittierLaw #e!iew, -= Whittier L3 #e!3 4=2, Le0is1e0is66M#78The #nited$tatesembargo o Cuba has been the subject o wides(readcriticism in the international community.n5: % numer o+ theories ha!e een ad!anced & Cua,other countries, and legal commentators, as to wh& the embargo violates international law.n5A *nthe other side, the nited States has its own theories to suort its osition3 n55 The remainder o+ this aer will +ocus on how

the embargo violates two (rohibitions in international trade law)discrimination and e*traterritoriality. %3 $iscrimination 0iscrimination in aninternational trade conte*t is avoring the im(orts o one nation aboveanother+ or avoring domestic (roducts or services over im(orts. n5D Two arts o+the emargo & the nited States will e anal&Ged under the theories o+ discrimination3 First, the im(osition o the


5/64

embargo on Cuba in general will be analy3ed under the 4eneralAgreement on Tarifs and Trade56orld Trade 7rgani3ation (7%TT6WT*8 nationaltreatment clause+ which (rohibits discrimination+ and the national securitye*ce(tion to the national treatment re8uirement. $econd+ the claim byCanada and Me*ico that 9elms-urton is discriminatory underthe 1orth %mericanFree Trade %greement (:A;TA8 will e anal&Ged3 /3 7%TT6WT* The WT* is a +ree trade organiGation o+ nations that originates+rom, +ollows, and settles disutes related to the 7%TT3 n5= The arties ; who entered into the 7%TT are called ?ContractingEarties3? nD. Both Cua and the nited States are memers o+ the WT* and Contracting Earties to the 7%TT3 nD/ 1onKdiscriminationis art o+ the 7%TT3 %rticle ' re@uires that a Contracting Eart& ro!ide to all Contracting Earties an& ri!ilege with regard to imortsand e0orts ro!ided to an& other Contracting Eart&3 nD- The trade relationshi etween the nited States and Cua is an e0resse0cetion to %rticle '3 nD2 owe!er, %rticle ''' o+ the 7%TT ?oliges Memers o+ the WT* to ro!ide e@ualit& o+ cometiti!e conditions+or imorted roducts in relation to domestic roducts,? and does not ro!ide an e0cetion +or the nited States and Cua3 nD4

Thus, & !irtue o+ its memershi in the WT* and as a Contracting Eart& to the 7%TT, the #nited $tates is obliged totreat Cuban im(orts the same as its domestic (roducts. $ince the #nited$tatesdoes not allow any Cuban im(orts+ it clearly violates%rticle ''' by the embargo.owe!er, %rticle II' o+ the 7%TT ro!ides a general e0cetion to 7%TT re@uirements +or measures that a nation ?considersnecessar& +or the rotection o+ its essential securit& interests3? nD: Thus, the nited States claims that Cua oses a risk to itsnational securit& and that the emargo is necessar& to rotect that securit&3 nDA %t the height o+ the cold war, when the emargowas started, the emargo seemed justied under the %rticle II' e0emtion3 nD5 owe!er, since the cold war has ended, the@uestion now remains whether Cua still oses a threat to nited States national securit&3 ; The C$% made se!eral ndings,includingH that Castros go!ernment has !iolated human rights, ?decreased the wellKeing o+ the Cuan eole,? tracked narcotics,and suorted the Faraundo Marti 1ational Lieration Front (FML18 guerillas in "l Sal!adorN and that the nited States should?romote a eace+ul transition to democrac& in Cua3? nDD The elmsKBurton %ct reiterated these charges, elaorated on the

human rights !iolations to some e0tent, and mentioned the ?the+t o+ roert& +rom nited States nationals & the Castrogo!ernment3? nD= elmsKBurton also mentioned that in /=A- Castro ?ad!ocated the So!iets launching o+ nuclear missiles to thenited States 333 3? n=. Finall&, elmsKBurton contained a condemnation o+ the /==A Cuan attack on %merican ci!ilian aircra+t3 n=/%lthough the TS#% and the new ouse ill do not contain an& ndings charging the Castro go!ernment with wrongdoing, the C$%and elmsKBurton %ct ndings might suggest that Cua does ose a threat to national securit&H the tracking o+ narcotics, suort+or the guerillas in "l Sal!ador, ad!ocating launching a nuclear missile into the nited States, and the attack on the %merican ci!ilianaircra+t3 owe!er, the !arious legislation taken as a whole also suggests that the real urose o+ the emargo is to +orce Cua tore+orm its go!ernment, and that the re+erences related to national securit& are merel& added to the legislation to ro!ide an air o+legitimac&3 'n the eight aragrahs o+ the ?Findings? ortion o+ the C$%, one aragrah mentions the Cuan militar&, the narcoticstracking, and the suort o+ the guerillas, ut si0 aragrahs discuss the oression o+ the Cuan eole, and the need +or aCuan democrac&3 n=- 'n the ten aragrahs o+ the ?Statement o+ Eolic&? ortion o+ the C$%, two mention the Cuan militar& andsi0 relate to romoting Cuan democrac& and ro!iding rights to the Cuan eole3 n=2 'n the twent&Keight aragrahs o+ the?Findings? section o+ the elmsKBurton %ct, +our aragrahs mention narcotics trading, armed su!ersion and terrorism, the Cuanmilitar&, or the national securit&, ut +ourteen aragrahs discuss the oression o+ the Cuan eole and a need +or Cuandemocrac&, and ; +our aragrahs are de!oted to e0laining wh& using the sanctions as a means to romote Cuan democrac&is justied under the nited 1ations olicies3 n=4 The elmsKBurton %ct does de!ote an entire section to condemning the shooting o+%merican ci!ilian aircra+t & the Cuan militar&, ut the section does not e!en mention that this demonstrates that Cua oses athreat to national securit&3 n=: Thus, the +ocus o+ the legislation is clearl& on changing the Cuan go!ernment, and national securit&considerations are gi!en incidental consideration3 'n +act, some claim that the nited States has conceded that it does not consider

Cua to e a national securit& risk3 n=A Jerr& W3 Cain claims that #oert S3 7elard, who was Erincial $eut& %ssistant Secretar& o+

State +or 'nterK%merican %fairs in /==-, ?suggested that the embargo against Cuba no longere*ists because o a (erceived security threat,ut rather as an efort to +oster a olitical changewithin Cua3? n=5 7elard made this statement e+ore the Committee on Foreign %fairs o+ the ouse o+ #eresentati!es in /==-H ??The nited States has +ollowed a olic& o+ isolating Cua dilomaticall& and economicall& +or ;the last> three decades3 We continuethat olic& toda& in an efort to encourage a change to a democratic go!ernment in Cua3 ? n=D %lthough this suggests that thenited States ma& ha!e other moti!es in isolating Cua, it does not necessaril& reclude the ossiilit& that the nited States !iewsCua as a threat to its securit&3


6/64

acceted in the nited States and other jurisdictions, including ?;7erman&>, %ustria, Canada, $enmark, Finland,France, 7reece, Jaan, 1orwa&, Eortugal, Sain, Sweden, and SwitGerland3? n/.= The efects doctrine sa&s that astate ma& regulate ?conduct outside its territor& that has or is intended to ha!e sustantial efect within its

territor&? n//. ro!ided that the regulation is reasonale3 n/// Thus, i the =substantial efect= onthe regulating country outweighs the interest o the country whosesovereignty is being violated+ the regulation is justi>ed under the efectsdoctrine.n//- Two arts o+ the emargo & the nited States will e anal&Ged to determine whether it +allswithin the efects doctrine e0cetion to e0traterritorialit&H First, the e*tension o the embargo tooreign subsidiaries o #nited $tates com(anies and shi(s entering #nited$tates (orts? and second+ granting #nited $tates nationals having a claimto sei3ed (ro(erty a (rivate cause o action against oreign (arties that=tra@c= in that sei3ed (ro(erty. /3 "0tension o+ the "margo to Foreign Susidiaries o+ nitedStates Comanies $ince the C0A e*tended the embargo o Cuba to oreignsubsidiaries o #nited $tates com(anies+ and (rohibited shi(s rom entering#nited $tates (orts within 1' days o doing business in Cuba+ it regulatedactivities outside the #nited $tates3 % +oreign susidiar& ; oerates in a countr& other than thenited States, and ma& trade with Cua without e!er entering the nited States3 Thus+ the C0Aregulates activities outside o the #nited $tates in that res(ect.Similarl&, i+ ashi is rohiited +rom entering a nited States ort +or usiness that occurred in Cua, which is outside o+ the

nited States, the C$% regulates acti!ities outside o+ the nited States3 Thus, in order +or the C$% to e accetaleunder the efects doctrine, the efect on the #nited $tates o the oreignsubsidiary,s trade with Cuba or the shi(,s doing business at a Cuban (ort+must outweigh the oreign state,s interest in regulating its oreignsubsidiaries and shi(s. The nited States justies the emargo on Cua, and its e0tension to +oreignsusidiaries and shis, as a means o+ romoting democrac& in Cua and o+ rotecting its national securit&3 %lthoughromoting democrac& is a laudale goal, there is no articular reason that the lack o+ a democratic go!ernmentmakes a countr& a threat to its neighors3 The nited States has alleged that Castros go!ernment has !iolated

human rights and decreased the wellKeing o+ the Cuan eole3 n//2 Although this behaviorshould be condemned+ these activities do not have a substantial efectwithin the boundaries o the #nited $tates. The #nited $tates has alsoalleged that Cuba,s government has su((orted the ;M!: guerillas in "l$alvador.n//4 9owever+ the #nited $tates has not e*(lained how Cuba,s

su((ort o guerillas in "l $alvador has a substantial efect within the#nited $tates. The +act that guerillas are armed might imlicate national securit&, ut the statute makes nosuch connection3 Thus, none o+ these acti!ities & the Cuan go!ernment ha!e a signicant enough efect withinthe nited States territor& to justi+& the e0traterritorial alication o+ the C$%3 The nited States has alleged thatthe Cuan go!ernment tracs narcotics3 n//: Tracking narcotics might ha!e a sustantial efect uon the nitedStates, ut the C$% does not regulate drug tracking, it regulates legitimate trade3 't is dicult to imagine howcutting of legitimate trade etween third arties and Cua will ha!e an& efect uon illegal trade etween Cuaand %merican criminals3 Thus, it does not aear that the C$% is a reasonale means to efecti!el& sto the Cuango!ernments alleged drug tracking3 Furthermore, the ; in!asion o+ the so!ereignt& o+ innocent third art&countries is signicant3 The C$% imedes +ree trade & these countries3 The !er& e0istence o+ 1%FT%, the 7%TT, and

the WT* is e!idence o+ the +act that most countries lace a great !alue on +ree trade3 Furthermore, acountry,s economy is very im(ortant.Controlling cororations within its jurisdiction andcontrolling international trade and shiing o+ its citiGens are imortant tools a countr& uses to rotect its econom&3

ecause the C0A regulates im(ortant economic tools o a third (arty

country+ it is a serious violation o the country,s sovereignty. n act+ mostcountries view the C0A as a serious violation o their sovereignty.For e0amle,?the ;nited 1ations> 7eneral %sseml& !oted to denounce the Cuan $emocrac& %ct o+ /==- on three searate

occasions 333 3? n//A Among the reasons cited or denouncing the act was itsviolation o the sovereignty o other nations3 n//5 Furthermore, the nited Oingdom andCanada enacted retaliator& legislation that made it ?illegal +or susidiaries o+ 3S3 comanies 333 to coml& with theC$%3? n//D There+ore, the relati!el& insignicant efect o+ the trade regulated & the C$% within the territor& o+ thenited States is outweighed & its !iolation o+ the so!ereignt& o+ other nations3 %nd as a result, the efects rincile

does not al&3 ;inally+ the #nited $tates has alleged that Cuba is a threat tonational security. 9owever+ as discussed (reviously+ the #nited $tates,


7/64

claim that Cuba is a national security threat is very wea&+ and theviolation o the sovereignty o other nations is great. Thus+ the C0A has anillegal e*traterritorial efect and does not all under the e*ce(tion o theefects doctrine.

A limited ruling constitutionali3es rejection o the "mbargo %&ey to efective im(lementation o international legal normsMancha& 1'(Benjamin Manchak, Staf Writer, Boston College ThirdWorld Law Journal, Comrehensi!e "conomic Sanctions, The #ight To$e!eloment, %nd Constitutionall& 'mermissile )iolations *+'nternational Law, Sring -./., Le0is1e0is, 2. B3C3 Third World L3J34/566M#78'+ the Constitution does not reclude the ele!ation o+ customar& international law to the le!el o+ treaties or domesticenactments in theor&, then ractice has orne this outKKthe 3S3 legal s&stem has long accorded great resect, andde+erence, to the ?law o+ nations3? n=: %s the Sureme Court noted in /5=A, ;w>hen the nited States declared theirindeendence, the& were ound to recei!e the law o+ nations, in its modern state o+ urit& and renement3? n=AThe Founders e0ected ; that the customar& law o+ nations would nd alication in 3S3 courts & !irtue o+the nations memershi in the international communit&N moreo!er, the& un@uestional& intended this outcome3n=5 "arl& jurisrudence rePected this intent3 n=D 'n the time since the nations +ounding, the incororation o+international law into oth +ederal and state law has continued unaated, with scholars, commentators, and jurists

reiterating the roriet& o+ such de!eloments3 n== Cases arising under international law orinternational agreements to which the #nited $tates has ac8uiesced arewithin the jurisdiction o #.$. courts.n/.. These courts =are bound to giveefect to international law.=n/./ $imilarly+ casesss arising under treaties towhich the #nited $tates is a (arty+ as well as cases arising undercustomary international law= are =within the udicial Power o the #nited$tates under %rticle ''', Section - o+ the Constitution3? n/.- B3 The #.$. "mbargo Contravenesnternational !aw The overwhelmingweight o+ research and scholarly discourseon thesuject o+ the #.$. embargo o Cuba has e*(osed a very damning (atterno behavior on the (art o the #nited $tates.n/.2 B& the standards ; o+ nearl& e!er&

go!ernment in the world e0cet the nited States, the comrehensi!e emargo on Cua incontro!ertil& !iolatesinternational human rights law and international humanitarian law due to its de!astating humanitarian imact3n/.4 'n realit&, the !iews o+ the world communit& and those o+ the nited States ma& not e as +ar aart ascommentators might suggest3 The go!ernment does continue to argue ulicl& that its conduct is wholl& consistentwith international law3 n/.: #ecent modications to the emargo undertaken +or ?humanitarian reasons,? howe!er,undercut this osition3 n/.A %t least with resect to the emargos humanitarian conse@uences, there is e!idence

the #nited $tates a((reciates that its embargo may violate certaininternational legal norms.n/.5 ; 9et, the international communit&s eforts to imel the nitedStates to li+t its emargo +or humanitarian reasons, and the nited Statess eforts to minimiGe the humanitarian

imact o+ the emargo, ha!e onl& addressed !iolations o+ a discrete set o+ international legal norms3 n/.D "veni the #nited$tateswere somehow able to mitigate+ or eliminate entirely+ theruinous conse8uences the embargo has on the Cuban (eo(le+ such acom(rehensive embargo would nevertheless be illegal under internationallaw.n/.= 'n other words, the illegalit& o+ such measures under international law is not siml& redicated on itsefect on the Cuan eole on a microKle!elKKit also is estalished & re+erence to the nationKstate itsel+ and themacroKle!el concet o+ de!eloment3 n//. ecause the embargo o the Cuban nationcom(letely inhibits the country,s ability to (ass rom a third-world serviceand agricultural economy to more advanced stages o develo(ment+ itviolates international law to which the #nited $tates is bound by both treatyand custom.n/// First and +oremost among such !iolations has een the arogation ; o+ its dutiesunder the Charter o+ the nited 1ations3 n//- 9aving signed the nternational Covenant on"conomic+ $ocial and Cultural Bights as well as signed and rati>ed thenternational Covenant on Civil and Political Bights+ the #nited$tates has


8/64

urther breached its international obligations codi>ed in treaties.n//2 Whilethe nited States has resisted the codication o+ the right to de!eloment in more secic instruments and thee!olution o+ the right into a legitimate norm o+ international law, its o+ten sole oosition to the right has notre!ented it +rom ecoming customar& international law inding on the nited States3 n//4 )3C*1ST'TT'*1%L'Q'17 T" "MB%#7*H "I"CT')", L"7'SL%T')", %1$ J$'C'%L #"SE*1S'B'L'T'"S %lthoughinternational law is a constituent element o+ 3S3 law, the attitudes o+ the odies charged with reser!ing that closerelationshi ha!e, at !arious times throughout the nations histor&, run the gamut etween de+erential and derisi!e,comlimentar& and contentious3 n//: *n the one hand, the judiciar&, the e0ecuti!e, and the legislati!e ;

ranches are re@uired to gi!e +orce to international law3 n//A *n the other hand, oth the e*ecutive andlegislative branches o the #.$. government may act in violation o atreaty or customary international law.n//5 The $u(reme Court has alsorecogni3ed a distinction between treaties that =automatically have efectas domestic law= and are =e8uivalent to an act o the legislature+= andthose that =do not by themselves unction as binding ederal law= andre8uire an additional congressional enactment to give them orce. n//D %s amatter o+ domestic law, it is clear the nited States ma& disa!ow or ignore its oligations under international law3n//= This rincile does not e0tend to the international arenaKK+ailure to gi!e domestic efect to international legalcommitments does not asol!e the nited States o+ those oligations on the international le!el3 n/-. With resectto oth treat& oligations and international legal norms that ha!e risen to the le!el o+ customar& international law,then, the nited States is ound to +ollow international law or risk de+aulting on its oligations as a memer o+ the

international communit&3 n/-/ n the absence o meaningul enorcement

mechanisms+ this does not seem (articularly (roblematic.n/-- ; So muchmore is at stake, thoughKKi+ the nited States wishes to use international legal mechanisms to ursue its interests, itmust demonstrate to the world that it takes international law seriousl& within the constitutional +ramework3 n/-2

"s(ecially in the conte*t o the Cuban embargo+ where #.$. ederal law isin direct conict with international law+ the #nited $tates must accordade8uate res(ect or the latter and ta&e ste(s to resolve the tension.n/-4 'norder to accomlish this, each ranch o+ go!ernmentKKe0ecuti!e, legislati!e, and judicialKKhas a role to la&3 n/-:

The judiciary (ossesses the constitutional authority to overturn the Cubanembargo as unconstitutional by virtue o its de(arture rom the law onations. n/-A The emargo resents a !er& clear @uestion o+ statutor& and constitutional interretation,secicall&, whether the trade lockade imosed on Cua and codied in 3S3 law directl& conPicts with the right tode!eloment as it is descried in international instruments to which the nited States is a art&, or as it is +ramedas a norm o+ customar& international law to which the nited States is ound3 n/-5


9/64

The $u(reme Court has reused to rule on the embargobecause it deers to the (olitical branches % this will underminethe credibility o all international legal mechanismsMancha& 1' enjamin Mancha&+ $taf 6riter+ oston CollegeThird 6orld !aw ournal+ DCom(rehensive "conomic $anctions+

The Bight To 0evelo(ment+ And Constitutionally m(ermissibleEiolations 7 nternational !aw+F $(ring cally+ whether the trade bloc&adeim(osed on Cuba and codi>ed in #.$. law directly conicts

with the right to

de!eloment as it is descried in international instruments to which the nited States is a art&, or as it is +ramedas a norm o+ customar& international law to which the nited States is ound3 n/-5 1e!ertheless, courts regularl&re+use to reach the merits o+ claims relating to the lockade o+ Cua at all, asserting that the& resent nonKjusticiale ; olitical @uestions3 n/-D Where courts ha!e addressed the constitutional @uestions osed & theinternational legal imlications o+ the emargo, the& ha!e either /8 ruled urel& on domestic legal grounds, or -8+ound no direct conPict with international law3 n/-= To date, no court has ruled on whether Cuas right tode!eloment, rotected under customar& international law, would render an& asect o+ the Cuan emargoostdating the de!eloment o+ this norm unconstitutional3 n/2. '+ the judiciar& is e!er asked to rule on the conPictetween Cuas right to de!eloment and most, i+ not all, the ro!isions o+ the emargo, it should not sh& awa&+rom its constitutional dut& to in!alidate the ro!isions in @uestion3 n/2/ 'n light o+ the ower+ul currents o+ judicialrestraint that ha!e guided courts rulings on the suject to date, howe!er, a sweeing judicial in!alidation o+ a hal+K

centur& o+ +oreign olic& is unlikel&3 n/2- Conse@uentl&, the tas& o bringing #.$. oreign (olicytoward Cuba in accord with international legal norms is+ in all (racticality+

let to the (olitical branches.n/22


10/64

:o alternative causalities % the #nited $tates is bound tointernational law over the international right to develo( % itJs aounding (rinci(le o international lawMancha& 1'enjamin Mancha&+ $taf 6riter+ oston CollegeThird 6orld !aw ournal+ DC7MPB"9":$E" "C7:7MC

$A:CT7:$+ T9" B49T T7 0"E"!7PM":T+ A:0C7:$TT#T7:A!!K MP"BM$$!" E7!AT7:$ 7;:T"B:AT7:A! !A6+F $(ring c treaties and resolutions3 n-/B& the earl& /=5.s, the right to de!eloment ; was undergoing a more +ormal, comrehensi!e articulation inthe secic language o+ human rights3 n-- *!er the course o+ the ne0t +ourteen &ears, the right to de!elomentwas roclaimed in !arious te0ts, including regional multilateral instruments3 n-2 'n /=DA, the o!erwhelmingmajorit& o+ nations, acting through the 313 7eneral %sseml&, uilt uon the +oundation laid in the 'nternational Billo+ uman #ights and certied the right to de!eloment as a human right3 n-4 Since the assage o+ the $eclarationon the #ight to $e!eloment, the right has ecome a 0ture in the antheon o+ internationall&KrecogniGed humanrights, regularl& aearing in such te0ts as multilateral treaties, declarations o+ international con+erences andsummits, annual resolutions o+ the 7eneral %sseml&, reorts o+ the Secretar& 7eneral, and annual reorts o+ the

uman #ights Council3 n-: ; ecause o its ubi8uity and broad-based acce(tanceby the international community+ the right to develo(ment has undoutedl&risen to the level o customary international law.n-A The de!eloment o+ norms o+

customar& international law is a Puid, e!olutionar& rocess, which is ascertained & re+erence to the generalractice o+ states rooted in a sense o+ legal oligation o!er a eriod o+ time3 n-5 The right to de!eloment is clearl&traceale in this manner3 n-D 't has een o!er si0t& &ears since the +oundations o+ the right were laid in the 313Charter and the ni!ersal $eclaration o+ uman #ights, and o!er +ort& &ears since the& were strengthened in the'nternational Co!enant on Ci!il and Eolitical #ights ; and the 'nternational Co!enant on "conomic and Social#ights3 n-= 't has een thirt&Keight &ears since the right was roosed using the secic language o+ human rights,twent&K+our &ears since the international communit& recogniGed the right in a +ormal, roadKased multinationalinstrument, and se!enteen &ears since a consensus in!ol!ing all go!ernments was reached on the right to

de!eloment3 n2. The right is consistentl& in!oked & states as a rule o+ international law3 n2/ 'ndeed, theright is so undamental+so in!iolale, and so broadly acce(ted+ it may even be(ro(erly considered a jus cogens norm.n2- $tates are thereore bound

both by treaty and customary international law to res(ect the

undamental right o other nations to (ursue economic and social

develo(ment in accordance with their own sovereign volition. n22 ;0es(ite its near-universal acce(tance as a legitimate norm o+ international human rights law,

howe!er, the #nited$tatesremains hostile to the right to develo(ment.n24The#nited$tatesgenerally votes against any s(eci>c resolutions codiying+(romoting+ or otherwise invo&ing the right to develo(ment.n2: #ele!ant, too, isthe +act that the nited States has signed, ut not ratied, the 'nternational Co!enant on "conomic, Social, and

Cultural #ights3 n2A 6hile it both signed and rati>ed the nternational Covenanton Civil and Political Bights+ it lodged a reservation declaring the


11/64

agreement to be non-sel-e*ecuting. nG2 n no way+ however+ does theinimical stance the #nited $tates has ta&en toward the right todevelo(ment relieve it o its international obligations with res(ect to thatright.n2D First, customar& international law dictates that, e!en in the asence o+ ratication, a states signatureon a treat& oligates it to re+rain +rom acti!ities that might de+eat the oject and urose o+ that instrument3 n2=%dditionall&, an assertion that a ; treat& is not inding, either ecause a state lodged a declaration o+ nonKsel+Ke0ecution or ecause the state did not sign and rati+& it, is irrele!ant when the norm in @uestion is one o+ customar&international law3 n4. #egardless o+ a states osture !isKaK!is a treat& (+or e0amle, as a nonKsignator& or a art&

suject to reser!ations8, i+ that treat& also emodies customar& international law, the state is ound3 n4/ The#nited $tates, thereore+ is not e*em(t rom its dual res(onsibilities undertreaty and customary international law regarding the right to

develo(ment.n4-

A renewed commitment to international liberalism is &ey to acoo(erative international environment that (revents great(ower wars+ environmental colla(se and disease s(read0eudney L &enberry 0aniel 0eudney+ Proessor o Political

$cience at ohns 9o(&ins #niversity+ and ohn &enberry+Proessor o Politics and nternational Afairs at Princeton+=The Myth o Autocratic Bevivial) 6hy !iberal 0emocracy 6illPBevail+= anuary


12/64

re!i!al is as much an e0aggeration o+ a +ew &ears o+ headlines as was the roclamation o+ the end o+ histor& at theend o+ the Cold War The roosition that autocracies ha!e achie!ed a new lease on li+e and are emerging toda& as

a !iale alternati!e within the gloal caitalist s&stem is wrong3ust as im(ortant+ the (olicies(romoted by the autocratic revivalists are unli&ely to be successul and+ ianything+ would be counter(roductive/ driving autocracies away rom theliberal system and thereby creating a sel-ul>lling (ro(hecy.%lthough toda&Rsautocracies ma& e more cometent and more adet at accommodating caitalism than their redecessors were,the& are nonetheless +undamentall& constrained & deeKseated incaacities that romise to limit their !iailit&

o!er the long run3 #ltimately+ autocracies will move toward liberalism.The success o+regimes such as those in China and #ussia is not a re+utation o+ the lieral !isionN the recent success o+ autocraticstates has deended on their access to the international lieral order, and the& remain deendent on its success3

Furthermore, the relentless im(eratives o rising global interde(endence create(owerul and growing incentives or states to engage in internationalcoo(erationregardless o+ regime t&e3

#nchec&ed disease s(read will cause e*tinctionKu ' Eictoria Ku+ 0artmouth ournal o #ndergraduate$cience+ D9uman "*tinction) The #ncertainty o 7ur ;ate+F May

nd a cure. $ince inuen3acan s(read 8uic&ly+ this lag time could (otentially lead to a Dglobalinuen3a (andemic+F according to the Centers or 0isease Control andPrevention(=83 The most recent scare o+ this !ariet& came in /=/D when ird Pu managed to kill o!er :.million eole around the world in what is sometimes re+erred to as the Sanish Pu andemic3 Eerhas e!en more+rightening is the +act that onl& -: mutations were re@uired to con!ert the original !iral strain which could onl&

in+ect irds into a humanK!iale strain (/.83
http://dujs.dartmouth.edu/spring-2009/human-extinction-the-uncertainty-of-our-fatehttp://dujs.dartmouth.edu/spring-2009/human-extinction-the-uncertainty-of-our-fatehttp://dujs.dartmouth.edu/spring-2009/human-extinction-the-uncertainty-of-our-fatehttp://dujs.dartmouth.edu/spring-2009/human-extinction-the-uncertainty-of-our-fate


13/64

"*tinctionTic&ell 7liver Tic&ell+ journalist+ author and cam(aigner onhealth and environment issues+ and author o the Oyoto secic set o+ +undamental rights and lierties has the status o+ sureme law, is entrenched against amendment or reeal 3 3 3 and is en+orced & anindeendent court 3 3 3 3 Stehen 7ardaum, The 1ew Commonwealth Model o+ Constitutionalism, 4= %m3 J3 Com3 L3 5.5, 5/D (-../83 This henomenonecame most notale worldwide a+ter World War '' when certain countries, such as 7erman&, 'tal&, and Jaan, emraced indeendent judiciaries +ollowingtheir itter e0eriences under totalitarian regimes3 See id3 at 5/4K /:N see also nited States !3 Then, :A F32d 4A4, 4A= (-d Cir3 /==:8 (Calaresi, J3,concurring8 (Since World War '', man& countries ha!e adoted +orms o+ judicial re!iew, which though diferent +rom ours in man& articulars unmistakal& draw their origin and insiration +rom %merican constitutional theor& and ractice3 See generall& Mauro Caelletti, The Judicial Erocess in

Comarati!e Eersecti!e (*0+ordH Clarendon Eress, /=D=8383 't is a trend that continues to this da&3 t bears mention that the#nited$tateshas consistently a@rmed and encouraged the establishment oinde(endent judiciaries in emerging democracies.'n Setemer -..., PresidentClinton observed that =RwSithout the rule o law+ elections sim(ly ofer achoice o dictators. . . . America,s e*(erience should be (ut to use toadvance the rule o law+ where democracy,s roots are loo&ing or room andstrength to grow.=#emarks at 7eorgetown ni!ersit& Law School, 2A Weekl& Com3 Eres3 $oc3 --/D (Setemer -A, -...8, a!ailaleat httH66clintonA3nara3go!6-...6.=6-...K.=K-AK remarksK&KresidentKatKgeorgetownKinternationalKlawcenter3html3 The nited States acts on theserinciles in art through the assistance it ro!ides to de!eloing nations3 For e0amle, the #nited $tates re@uires that an& countr& seeking assistancethrough the Millenium Challenge %ccount, a de!eloment assistance rogram instituted in -..-, must demonstrate, among other criteria, an ?adherenceto the rule o+ law3? The White ouse noted that the rule o+ law is one o+ the ?essential conditions +or success+ul de!eloment? o+ these countries3 SeehttH66www3whitehouse3go!6in+ocus6de!eloingnations (last !isited Jan3 D, -..483/- % +ew e0amles illustrate the inPuence o+ the nited States model3 *n1o!emer -D, /==D, %lania adoted a new constitution, reresenting the culmination o+ eight &ears o+ democratic re+orm a+ter the communist rule

collased3 n addition to (rotecting undamental individual rights+ the AlbanianConstitution (rovides or an inde(endent judiciaryconsisting o aConstitutional Court with >nal authority to determine the constitutionalrights o individuals. %lanian Constitution, %rticle /-:, 'tem / and %rticle /-DN see also $arian Ea!li, ?% Brie+ Constitutional istor&o+ %lania? a!ailale at httH66www3ils3org6ser!ices6others6chist3html (last !isited Janaur& D, -..48N JeanKMarie enckaerts Ste+aan )an der Jeught,uman #ights Erotection nder the 1ew Constitutions o+ Centra l "uroe, -. Lo&3 L3%3 'ntRl Com3 L3J3 45: (Mar3 /==D83 'n South %+rica, the newconstitutional judiciar& la&s a similarl& imortant role, +ollowing generations o+ an oressi!e aartheid regime3 South %+rica adoted a new constitutionin /==A3 Constitution o+ the #eulic o+ South %+rica, "0lanator& Memorandum3 't estalishes a Constitutional Court which makes the nal decisionwhether an %ct o+ Earliament, a ro!incial %ct or conduct o+ the Eresident is constitutional3 'd3 at Chater D, Section /A5, 'tem (:8, a!ailale athttH66www3olit&3org3Ga6html6go!docs6constitution6saconst3htmlUr eookmarkV/ (last !isited Januar& D, -..48N see also Justice Tholakele 3 Madala, #ulender %artheid and the Fledgling $emocrac& in EostK%artheid South %+ricaH The #ole o+ the Judiciar&, -A 13C3 J3 'ntRl L3 Com3 #eg3 542 (Summer -../83%+ghanistan is erhas the most recent e0amle o+ a countr& struggling to de!elo a more democratic +orm o+ go!ernment3 %dotion & the Lo&a Jirga o+%+ghanistans new constitution on Januar& 4, -..4 has een hailed as a milestone3 See httH66www3csnews3com6stories6-..46./6.-6world6main:=///

A3shtml (Jan 5, -..483 The (ro(osed constitution creates a judiciary that+ at least on(a(er+ is =an inde(endent organ o the state+= with a $u(reme Courtem(owered to review the constitutionality o laws at the re8uest o the4overnment and5or the Courts.%+ghan Const3 %rt3 //A, /-/ (unocial "nglish translation8, a!ailale athttH66www3haGara3net6jirga6%+ghanConstitutionKFinal3d+ (last !isited Januar& D, -..483 See also #on S&nowitG, %+ghanistanH Constitutional CommissionChairman Eresents OarGai with LongK$ela&ed $ra+t Constitution (1o!emer 2, -..28, a!ailale athttH66www3r+erl3org6nca6+eatures6-..26//6.2//-..2/A4-2=3as (last !isited Jan3 D, -..483 B3 *ther 1ations a!e Curtailed Judicial #e!iew $uring Times*+ Crisis, *+ten Citing the nited States "0amle, %nd 'ndi!idual Freedoms a!e $iminished %s % #esult3 While much o+ the world is mo!ing to adot theinstitutions necessar& to secure indi!idual rights, man& still regularl& ause these rights3 *ne o+ the hallmarks o+ t&rann& is the lack o+ a strong and

indeendent judiciar&3 1ot surrisingl&, where countries make the sad transition to t&rann&, one o+ the rst !ictims is the judiciar&3 Many othe rulers that go down that road justiy their actions on the basis onational security and the >ght against terrorism+ and+ disturbingly+ manyclaim to be modeling their actions on the #nited$tates3%gain, a +ew e0amles illustrate this trend3 'nEeru, one o+ +ormer Eresident %lerto FujimoriRs rst acts in seiGing control was to assume direct e0ecuti!e control o+ the judiciar&, claiming that it wasjustied & the threat o+ domestic terrorism3 e then imrisoned thousands, re+using the right o+ the judiciar& to inter!ene3 'nternational Commission o+Jurists, %ttacks on Justice -...KEeru, %ugust /2, -../, a!ailale at httH66www3icj3org6news3h2UidarticleV-:D5langVen (last !isited Jan3 D, -..483 'nQimawe, Eresident MugaeRs rise to dictatorshi has een unctuated & threats o+ !iolence to and the coKoting o+ the judiciar&3 e now enjo&s!irtuall& total control o!er Qimaweans indi!idual rights and the entire olitical s&stem3 #3W3 Johnson, MugaeRs %gents in Elot to Oill *osition Chie+,Sunda& Times (London8, June /., -../N 'nternational Commission o+ Jurists, %ttacks on Justice -..- Qimawe, %ugust -5, -..-, a!ailale athttH66www3icj3org6news3h2UidarticleV-A=:langVen (last !isited Jan3 D, -..483 While Eeru and Qimawe reresent an e0treme, the indeendence o+the judiciar& is under assault in less raGen wa&s in a !ariet& o+ countries toda&3 % highl& trouling asect o+ this trend is the +act that in man& o+ theseinstances those eretuating the assaults on the judiciar& ha!e ointed to the nited StatesR model to justi+& their actions3 'ndeed, man& ha!e secicall&

re+erenced the nited StatesR actions in detaining ersons in 7uantXnamo Ba&3 For e0amle, #ais 9atim, Mala&sias ?de +acto law minister? e0licitl& reliedon the detentions at 7uantXnamo to justi+& Mala&sias detention o+ more than 5. susected 'slamic militants +or o!er two &ears3 #ais stated thatMal&asias detentions were ?just like the rocess in 7uantXnamo,? adding, ?' ut the e@uation with 7uantXnamo just to make it grahic to &ou that this isnot siml& a Mala&sian st&le o+ doing things3? Sean 9oong, ?Mala&sia Slams Criticism o+ Securit& Law %llowing $etention Without Trial,? %ssociated Eress,Setemer =, -..2 (a!ailale +rom Westlaw at =6=6.2 %EW'#"S .=H24H..83 Similarl&, when resonding to a nited States 7o!ernment human rights reortthat listed rights !iolations in 1amiia, 1amiias 'n+ormation Eermanent Secretar& Mocks Shi!ute cited the 7uantXnamo Ba& detentions, claiming that?the S go!ernment was the worst human rights !iolator in the world3? BBC Monitoring, March D, -..-, a!ailale at -..- WL /:=2D5.23 1or is thisdisturing trend limited to these secic e0amles3 %t a recent con+erence held at the Carter Center in %tlanta, Eresident Carter, secicall& citing the7uantXnamo Ba& detentions, noted that the erosion o+ ci!il lierties in the nited States has ?gi!en a lank check to nations who are inclined to !iolatehuman rights alread&3? $oug 7ross, ?CarterH 3S3 human rights misstes emolden +oreign dictators,? %ssociated Eress 1ewswires, 1o!emer /-, -..2(a!ailale +rom Westlaw at //6/-6.2 %EW'#"S ..H2.H-A83 %t the same con+erence, Ero+essor Saad 'rahim o+ the %merican ni!ersit& in Cairo (who wasjailed +or se!en &ears a+ter e0osing +raud in the "g&tian election rocess8 said, ?"!er& dictator in the world is using what the nited States has doneunder the Eatriot %ct 3 3 3 to justi+& their ast !iolations o+ human rights and to declare a license to continue to !iolate human rights3? 'd Likewise, ShehuSani, resident o+ the Oaduna, 1igeriaased Ci!il #ights Congress, wrote in the 'nternational erald Triune on Setemer /:, -..2 that ?;t>he insistence& the Bush administration on keeing Talian and %l Yuaeda cati!es in indenite detention in 7uantXnamo Ba&, Cua, instead o+ in jails in the nitedStates and the White ouses re+erence +or militar& triunals o!er regular courts hels create a +ree license +or t&rann& in %+rica3 't hels justi+&


15/64

"g&ts mo!e to detain human rights camaigners as threats to national securit&, and does the same +or similar measures & the go!ernments o+ '!or&Coast, Cameroon and Burkina Faso3? %!ailale at httH66www3iht3com6ihtsearch3hUidV/.==-5ownerV('T8dat eV-..2./-//-2-:=3 'n our uniKolar

world, the nited $tates obviously sets an im(ortant e*am(le on these issues. Asreected in the oundational documents o the #nited :ations and manyother such agreements+ the international community has consistentlya@rmed the value o an inde(endent judiciary to the deense ouniversally recogni3ed human rights.'n the crucile o+ actual ractice within nations, man& ha!e looked to thenited States model when de!eloing indeendent judiciaries with the ailit& to check e0ecuti!e ower in the de+ense o+ indi!idual rights3 9et others ha!ejustied auses & re+erence to the conduct o+ the nited States3 Far more inPuential than the words o+ Montes@uieu and Madison are the actions o+ thenited States3 This case starkl& resents the @uestion o+ which model this Court will set +or the world3 C*1CLS'*1 Much o+ the world models itsel+ a+terthis countr&Rs two hundred &ear old traditions and still more on its da& to da& imlementation and e0ression o+ those traditions3 To sa& that a re+usal to

e0ercise jurisdiction in this case will ha!e gloal imlications is not mere rhetoric3 Besting on this CourtJs decision isnot only the necessary role this Court has historically (layed in thiscountry3 Also at sta&e are the reedoms that many in emergingdemocracies around the globe see& to ensure or their (eo(les.

Absent efective international law % nuclear war is inevitable0amrosch and Mullerson !ori ;isler 0amrosch+ 9enry !Moses Proessor o nternational !aw and 7rgani3ation

Columbia+ Bein MUllerson+ Proessor o nternational !aw+Columbia+ 1+ DOingJs+ eyond Conrontation+ nternational!aw or the Post-Cold 6ar "ra+F (. rst o all with the aid o socialnorms+ among which international law occu(ies an im(ortant (lace.% secondreason +or the growth o+ the role o+ international law is ine0trical& connected with the rst3 The threat o athermonuclear catastro(he+ universal ecological crisis+ and acuteeconomic (roblems in develo(ing countries are o global concern andendanger the very e*istence o humanity.#esolution o+ these rolems demandscoordinated eforts o+ all states and eoles, which would e imossile to achie!e without the aid o+ internationalnorms, rocedures, and institutions3 % third reason is the reathtaking olitical trans+ormations o+ recent &ears3 Thechanges that egan in /=D: in the +ormer So!iet nion and were unleashed in "astern "uroe ha!e radicall&

trans+ormed the ma o+ the world3 Although it is im(ossible to give a >nal evaluationo the character and signi>cance o these changes at the (resent time+ itis (ossible to conclude that the undamental global contradiction o theCold 6ar era/the contradiction between socialism and ca(italism+ whichto a great e*tent determined not only the general climate in the world butalso the role and signi>cance o international law in ithas een o!ercome3 'n theCharter o+ Earis +or a 1ew "uroe, 2- countries o+ "uroe, together with the nited States and Canada, armedthat the era o+ con+rontation and di!ision in "uroe has ended3 The end has come not onl& +or di!ision in "uroe,ut also in the world at large3 But this +act can hardl& lead automaticall& to a nonKcontradictor&, stale, world order3The acuteness o+ conPicts that are not connected with the soKcalled +undamental contradiction o+ the eoch can


16/64

e!en intensi+&, as the unleashing o+ sa!age interethnic conPict in the +ormer 9ugosla!ia and the +ormer So!iet nion

aml& demonstrates3 1onetheless, it is (recisely the coo(eration between ormerideological and (olitical adversaries that can serve as the (rere8uisite andcondition or the resolution o many o (roblems and conicts.% !i!id e0amlema& e +ound in the reaction o+ world societ& to the aggression o+ 'ra@ against Ouwait and the reining in o+ theaggressor with the aid o+ 313 mechanisms in accordance with the 313 Charter and other norms o+ internationallaw3

!A6 is inevitable but #$ engagement is critical to its efectiveness

0eller 'nedwithin borders+ whether we loo& to greenhouse gas accumulations+nuclear testing+ the danger o accidental nuclear war+ or the vastmassacres o civiliansthat ha!e taken lace o!er the course o+ the last hundred &ears and stillcontinue3 Multilateral agreements increasingl& have been a (rimary instrumentem(loyed by states to meet e*tremely serious challenges o this &ind, +orse!eral reasons3 They clearly and (ublicly embody a set o universally a((licablee*(ectations+ including (rohibited and re8uired (ractices and (olicies.'nother words, the& articulate global norms+ such as the (rotection o humanrights and the (rohibitions o genocide and use o wea(ons o mass

destruction. They establish (redictability and accountability in addressinga given issue. $tates are able to accumulate e*(ertise and con>dence by(artici(ating in the structured system established by a treaty.owe!er,inPuential #.$. (olicyma&ers are resistant to the idea o a Treaty basedinternational legal system because they ear inringement on #.$.sovereignty and they claim to lac& con>dence in com(liance andenorcement mechanisms. This aroach has dangerous ractical imlications +or internationalcooeration and comliance with norms3 #.$. treaty (artners do not enter into treatiese*(ecting that they are only (olitical commitments that can be overriddenbased on #.$. interests. 6hen a (owerul and inuential state li&e the#nited $tates is seen to treat its legal obligations as a matter oconvenience or o national interest alone+ other states will see this as a

justi>cation to rela* or withdraw rom their own commitments. 6hen the#nited $tates wants to re8uire another state to live u( to its treatyobligations+it ma& nd that the state has +ollowed the 3S3 e0amle and oted out o+ comliance3


17/64

$(eci>cally+ incor(oration by the Court is &ey to $olve"nvironmental 0estructionCharney G(Jonathan Charne&, on the oard o+ editors at the %merican

Journal o+ 'ntl Law, 1')"#S%L '1T"#1%T'*1%L L%W, *ctoer /==2,D5 %3J3'3L3 :-=, Le0is1e0is66M#78

The international community o the late twentieth century aces ane*(anding need to develo( universal norms to address global concerns.Eerhas one o+ the most salient o these concerns is to (rotect the earth,senvironment. 6hile many environmentally harmul activities result only inlocal damage+ others have an im(act ar beyond the boundaries o thestates in which they ta&e (lace and may cause damage to the earth,senvironment as a whole. For e0amle, the discharge o+ some sustances into the atmoshere ma&ad!ersel& afect the gloal climate or the oGone la&er3 n/ $ischarges that ollute the common saces o+ the oceans

ma& also ha!e a gloal imact and thus raise similar concerns3 n- Current threats to theenvironment highlight the im(ortance o establishing norms to controlactivities that endanger all nations and (eo(les+ regardless o where theactivities ta&e (lace. Acts o international terrorism+ the commission o

international crimes(such as genocide and war crimes8, and the use o nuclearwea(ons (ose similar global (roblems and have been on the internationalagenda or some time. To resolve such (roblems+ it may be necessary toestablish new rules that are binding on all subjects o international lawregardless o the attitude o any (articular state.For unless all states are ound, ane0emted recalcitrant state could act as a soiler +or the entire international communit&3 Thus+ states thatare not bound by international laws designed to combat universalenvironmental threats; could become havens or the harmul activitiesconcerned.Such states might ha!e an economic ad!antage o!er states that are ound ecause the& wouldnot ha!e to ear the costs o+ the re@uisite en!ironmental rotection3 The& would e +ree riders on the s&stem andwould enet +rom the en!ironmentall& rotecti!e measures introduced & others at some cost3 Furthermore, thee0amle o+ such +ree riders might undermine the s&stem & encouraging other states not to articiate, and could

thus derail the entire efort3 Similarl&, in the case o international terrorism+ one state

that serves as a sae haven or terrorists can threaten all. 6ar crimes+a(artheid or genocide committed in one state might threaten international(eace and security worldwide. Conse8uently+ or certain circumstances itmay be incumbent on the international community to establishinternational law that is binding on all states regardless o any one state,sdis(osition.n+ortunatel&, the traditions o+ the international legal s&stem aear to work against the ailit&to legislate uni!ersal norms3 States are said to e so!ereign, thus ale to determine +or themsel!es what the& mustor ma& do3 n2 State autonom& continues to ser!e the international s&stem well in traditional sheres o+international relations3 The +reedom o+ states to control their own destinies and olicies has sustantial !alueH itermits di!ersit& and the choice & each state o+ its own social riorities3 n4 Few, i+ an&, states +a!or a worldgo!ernment that would dictate uni+orm eha!ior +or all3 Conse@uentl&, man& writers use the language o+ autonom&when the& declare that international law re@uires the consent o+ the states that are go!erned & it3 Man& take theosition that a state that does not wish to e ound & a new rule o+ international law ma& oject to it and ee0emted +rom its alication3 n: '+ so!ereignt& and autonom& re!ailed in all areas o+ international law, howe!er,

one could hardl& hoe to de!elo rules to ind all states3 'n a communit& o+ nearl& two hundred di!erse states, it is!irtuall& imossile to otain the accetance o+ all to an& norm, articularl& one that re@uires signicant e0ensesor changes in eha!ior3 Comlete autonom& ma& ha!e een accetale in the ast when no state could take

actions that would threaten the international communit& as a whole3 Today+ the enormousdestructive (otential o some activities and the (recarious condition osome objects o international concern ma&e ull autonomy undesirable+ inot (otentially catastro(hic.; 'n this article ' e0lore the limits o+ state autonom& to determinewhether some or all o+ international law ma& e made uni!ersall& inding regardless o+ the osition o+ one or asmall numer o+ unwilling states3 To accomlish this ojecti!e, ' egin & anal&Ging the secondar& rules o+recognition (the doctrine o+ sources8 used to estalish rimar& rules o+ international law3 While treaties ma& re@uire


18/64

the consent o+ indi!idual states to e inding on them, such consent is not re@uired +or customar& norms3 Finall&, 'e0lore in greater deth the actual rocesses & which man& customar& law norms ha!e come into eing in the last

hal+ o+ the twentieth centur&3 The contem(orary (rocess that is oten used issigni>cantly diferent rom that described in the classic treatises on theormation o customary law. Contem(orary (rocedural develo(ments (lacethe international legal system closer to the more ormal notions o

(ositive law+ acilitating the develo(ment o universal international law.These rocedural de!eloments strengthen the argument that the s&stem ma& estalish general international lawinding on all states, regardless o+ the ojection o+ a small numer o+ states3

The im(act is e*tinctionrown V($onald %3 Brown, a Erogram Manager +or nited 1ations*rganiGations with the nited States "n!ironmental Erotection %genc&("E%8, *ce o+ 'nternational "n!ironmental %cti!ities, ser!ed with theEenns&l!ania $eartment o+ "n!ironmental #esources as $irector,Bureau o+ aGardous Sites and Suer+und "n+orcement, Chie+ o+ theCentral *ce o+ the Bureau o+ Litigation, and %ssistant %ttorne&7eneral, ser!ed with the 1ew Jerse& $eartment o+ "n!ironmental#esources, a B3S3 +rom $re0el 'nstitute o+ Technolog&, an M3%3 in LieralStudies in hilosoh& and art +rom the 1ew School +or Social #esearch,and a J3$3 +rom Seton all ni!ersit& School o+ Law, Thinking 7loall&and %cting Locall&H The "mergence o+ 7loal "n!ironmental Erolemsand the Critical 1eed to $e!elo Sustainale $e!eloment Erograms atState and Local Le!els in the nited States, Summer /==A, : $ick3 J3"n!3 L3 Eol3 /5:, Le0is1e0is66M#787loaliGation o+ markets and communications is making us aware that we are ecoming residents in a gloal!illage3 1o small art o+ this awareness is an increasing consciousness that what we do or do not do in our own

neighorhood can ha!e rile efects o!er the entire lanet3 9et, des(ite a growing recognition o

environmental interde(endence o all (eo(les+ thenited States (#.$.8 has thusar ailed to develo( an environmental law regime that res(onds to thegrowing global environmental (roblems.This art o+ the %rticle e0amines the e0losion o+en!ironmental law in the nited States, the growth o+ gloal en!ironmental concern, and the 3S3 resonse to theseconcerns3 %3 $omestic "n!ironmental Law "0losion Like the uni!erse according to the igKang theor&, nitedStates domestic en!ironmental law has een steadil& e0anding in all directions since its original e0losion in /=5.3'n /=5/, the "n!ironmental Law 'nstitute ulished a summar& o+ en!ironmental law that re@uired thirt&Kthree

ages3 n/ 'n /==2, the te0t o+ the statutes alone took u more than A.. ages3 n- B& /==2, the"nvironmental !aw Be(orter had (ublished over +''' ederal courtdecisions on environmental law.n2 This ra(id e*(ansion o #.$.environmental law was triggered largely by growing concern aboutdomestic environmental (roblems e*(erienced in the #.$.since or shortl& e+orethe rst "arth $a& on %ril --, /=5.3 For instance+ laws regulating to*ic substances in the

#nited $tates arose in reaction to concerns about (olybrominatedbi(henyls(EBBs8 in Michigan and (olychlorinated bi(henyls (ECBs8 in the9udson Biver+ &e(one in Eirginia+ the Ealley o the 0rums near !ouisville+Oentuc&y+ and !ove Canal in "rie County+ :ew Kor&.n4 Thus, although #.$.environmental law has continued to e*(and at a ra(id rate in the last


19/64

concern has been growing about several global environmental (roblemsdiferent rom the domestic environmental (roblems that triggered theinitial e*(ansion in #.$. environmental law.%ccording to a reort entitled *ur CommonFuture, reared +or the nited 1ations in /=D5, & the World Commission *n "n!ironment and $e!eloment,

ra(id deterioration o the global environment is threatening lie on earth.n: This re(ort concluded that decisive (olitical action is needed to ensure

human survival+ which is threatened by growing global environmentalthreats.nA 7ur Common ;uture identi>ed =several environmental trendsthat threaten to radically alter the (lanet+ RandS threaten the lives o manys(ecies u(on it+ including the human s(ecies.=n5 These globalenvironmental (roblems include) 1I climate change caused by emission ogreenhouse gases+ sh stoc&s+ and VIthe world-wide transormation o arable lands into desert. n Concernabout these global environmental (roblems has led to a signi>cantincrease in the number o international environmental treaties in the last

several decades. n

!A6 solves your disads- ma&es global coo(eration on everyissue (ossibleOoh L $mith 'G(arold ongju Ooh, Ero+essor o+ 'nternational Law, andBernice Latroe Smith, 9ale Law SchoolN %ssistant Secretar& o+ State +or$emocrac&, uman #ights and Laor, F*#"W*#$H *n %merican"0cetionalism, Ma& -..2, :: Stan3 L3 #e!3 /45=, Le0is1e0is66M#78 Similarl&, the o*ymoronic conce(t o =im(osed democracy= authori3es to(-down regime change in the name o democracy. Ket the #nited $tates has

always argued that genuine democracy must ow rom the will o the(eo(le+ not rom military occu(ation.A5 ;inally+ a (olicy o strategicunilateralism seems unsustainable in an interde(endent world. ;or overthe (ast two centuries+ the #nited $tates has become (arty not just to aew treaties+ but to a global networ& o closely interconnected treatiesenmeshed in multi(le ramewor&s o international institutions. #nilateraladministration decisions to brea& or bend one treaty commitment thusrarely end the matter+ but more usually trigger vicious cycles o treatyviolation.'n an interdeendent world, ; the #nited $tates sim(ly cannot aford toignore its treaty obligations while at the same time e*(ecting its treaty(artners to hel( it solve the myriad global (roblems that e*tend arbeyond any one nation,s control)the gloal %'$S and S%#S crises, climate change, international

det, drug smuggling, trade imalances, currenc& coordination, and tracking in human eings, to name just a +ew3Be(eated incidents o American treaty-brea&ing create the damagingim(ression o a #nited $tates contem(tuous o both its treaty obligationsand treaty (artners. That im(ression undermines American sot (ower atthe e*act moment that the #nited $tates is trying to use that sot (owerto mobili3e those same (artners to hel( it solve (roblems it sim(ly cannotsolve alone)most o!iousl&, the war against gloal terrorism, ut also the ostwar construction o+ 'ra@, theMiddle "ast crisis, or the renewed nuclear militariGation o+ 1orth Oorea3


20/64

ncreased global coo(eration solves all nuclear wars$eita 2 Ale* K. $eita+ .$.+ Caliornia nstitute o Technology?M..A.+ $tanord? .0.+ $tanord. Proessor o !aw+ Albany !aw$chool o #nion #niversity+ D4lobali3ation and the Convergence

o Ealues+F 12+ !e*is:e*is55MB4IThe (ers(ective that the human race matters more than its com(onentdivisions would accelerate coo(erative eforts among nations to attac&global (roblems that adversely afect human rights and the 8uality ohuman lie3;//-> *!iousl&, there is no shortage o+ such rolems3 7reat sufering still occurs in so man&arts o+ the world, not just +rom internal armed conPicts,;//2> ut also +rom conditions o+ o!ert&3;//4S Thereare severe health (roblems in much o the world which can be mitigatedwith relatively little cost.;//:> There are the lives lost to the A0$ e(idemic+and;age 4A4> the deaths and disabilities caused by land mines.;//A> Bussia+ anuclear su(er(ower that could end lie on this (lanet+ has severe social+economic+ and (olitical (roblems.R//5> Ma&ing the human race im(ortantwould not just (romote liberal democratic values but would also reduce

human sufering and (erha(s eliminate com(letely the ris& o nuclear war.


21/64

Addons


22/64

iowea(ons

C! sto(s the use o biological wea(onsOo(low ($a!id %3 Oolow, Michigan Journal o+ 'nternational Law,

%S%TKis+actionH Customar& 'nternational Law and the #egulation o+%ntiKSatellite Weaons, Summer -..=,httH66scholarshi3law3georgetown3edu6cgi6!iewcontent3cgiUarticleV/4:-conte0tV+acu66M#78A. 0iscrimination The >rst undamental (rece(t is that a military orcemust target only military (ersons+ materiel+ and locations? civilians andother nonbelligerents cannot lawully be made the direct and intentionalocus o an attac&+ and neutral $tates=and their (ro(erty,D: are similarlyof-limits.!7AC does not (rohibit all =collateral damage= harm to civilians-that would (robably be an im(ossible goal in any realistic militaryengagement-but it is a*iomatic that orce may lawully be directed only atmilitary objectives.% weaon s&stem that is inherentl& incaale o+ that degree o+ nesse (or one that issucientl& directional, ut is in +act wielded in an indiscriminate +ashion8 is illegal3 DA This (rinci(leunder(ins much o the law,s hostility to chemical and biological wea(ons+among others.T&icall&, those armaments would e emlo&ed in a scattershot +ashion, unleashed as acloud that ma& dri+t uncontrollal& with the wind, rather than eing recisel& conned to an enem&s militar&

aaratus3 / D5 the user cannot control-or even reliably (redict-where theefects o the wea(on may be elt+ it ails the !7AC standard. An A$ATwea(on might a((ear+ in contrast+ to be 8uite discriminating-it is aimedwith e*8uisite (recision at a s(eci>c enemy satellite+ and even a wholeeet o A$ATs would be steered by the most so(histicated guidancesystems to (ic& of (articular hostile s(acecrat one by one.

iowea(ons use causes e*tinction$teinbrenner 2 ohn 0. $teinbrenner+ roo&ings $enior;ellow+ Diological 6ea(ons) A Plague u(on all 9ouses+ winter12+ noTrac55MB4IAlthough human (athogens are oten lum(ed with nuclear e*(losivesandlethal chemicals as otential weaons o+ mass destruction, there is an obvious+ undamentallyim(ortant diference) Pathogens are alive, weaons are not3 :uclear andchemical wea(ons do not re(roduce themselves and do not inde(endentlyengage in ada(tive behavior? (athogens do both o+ these things3 Thatdeceti!el&simle oser!ation has immense im(lications. The use o a manuactured wea(onis a singular event. Most o the damage occurs immediately.The a+terefects,

whate!er the& ma& e, deca& raidl& o!er time and distance in a reasonal& redictale manner3 "venbeore a nuclear warhead is detonated, +or instance+it is (ossible to estimatethe e*tent o the subse8uent damageand the likel& le!el o+ radioacti!e +allout3 Suchredictailit& is an essential comonent +or tactical militar& lanning3 The use o a (athogen, &contrast, is an e*tended (rocess whose sco(e and timing cannot be (reciselycontrolled3 For most otential iological agents, the redominant drawack is that the& would not act swi+tl&or decisi!el& enough to e an efecti!e weaon3 ut or a ew (athogensK onesmost li&ely tohave a decisive efect and thereore the ones most li&ely to becontem(lated or deliberately hostile use - the ris& runs in the other


23/64

direction. A lethal (athogen that could e@ciently s(read rom one victimto another would be ca(able o initiating an intensiying cascade odisease that might ultimately threaten the entire world (o(ulation.The 11inuen3a e(idemic demonstrated the (otential or a global contagiono+ this sort but not necessarily itsouter limit. 1ood& reall& knows how serious a ossiilit& this might e, since there is no wa& to measure itrelial&3


24/64

0emocracy

nternational law incor(oration &ey to democracyenvenisti '("&al Ben!enisti, Ero+essor o+ Law, Tel %!i! ni!ersit&,

#eclaiming $emocrac&H The Strategic ses *+ Foreign %nd'nternational Law B& 1ational Courts, -..D, /.- %3J3'3L3 -4/,Le0is1e0is66M#781ot so long ago the overwhelming majority o courts in democratic countriesshared a reluctance to reer to oreign and international law. Their (olicywas to avoid any a((lication o oreign sources o law that would clashwith the (osition o their domestic governments. Man& jurists nd recourse to +oreignand international law inaroriate3 n/ But even the su((orters o reerence to e*ternalsources o law hold this une*(lored assum(tion that reliance on oreignand international law inevitably comes into tension with the value onational sovereignty.ence, the scholarly debate is ramed along the lines othe well-&nown broader debate on =the countermajoritarian di@culty.=n-This article @uestions this assumtion o+ tension3t argues that or courts in mostdemocratic countries--even i not or #.$. courts at (resent--reerring tooreign and international law has become an efective instrument orem(owering the domestic democratic (rocesses by shielding them rom

e*ternal economic+ (olitical+ and even legal (ressures. Citing international

law there+ore actuall& bolsters domestic democratic (rocesses and reclaims

national sovereignty rom the diverse orces o globali3ation. Stated diferentl&,

most national courts+ see&ing to maintain the vitality o their national(olitical institutions and to saeguard their own domestic status vis-a-visthe (olitical branches+ cannot aford to ignore oreign and internationallaw.


25/64

0eath Penalty

Plan results in death (enalty re(eal/it violates ilawAmnesty nternational


26/64

"*traditions have become an increasingly im(ortant (art o enorcing thelaw as borders ha!e become more uid with the increased integration ocountries, ma&ing it easier or ugitives to cross borders3 The nited Stateshas !iolated its oligations under the )ienna Con!ention on Consular #elations onman& occasions3 'n Beard !3 7reen the nited States not onl& denied the de+endanto+ his right to consular notication and ad!ice ut also ignored a sta& o+ e0ecution

issued & the 'nternational Court o+ Justice3 The nited StateRs comliance with the)ienna Con!ention on the local le!el is also susect leading to +urthercomlications3 Conse@uentl&, in 1 the "uro(ean (arliament shar(lyrebu&ed the #nited $tates or its lac& o com(liancewith the )iennaCon!ention on Consular #elations3 #ecentl& Me0ico has re+used to e0tradite notonl& those +acing the death enalt& ut those +acing li+e sentences as well3 %articularl& otent illustration o+ "uroean resol!e on e0tradition is their re+usal toe0tradite e!en terrorists, including those in!ol!ed in =6//, without assurances thatthe& would not +ace the death enalt&3 Continuing conicts over e*traditionwill only build urther riction in an already heated environment.Conclusion

The current conPict o!er e0tradition is an e0traordinar& e0amle o+ the wa&

go!ernments conPict ulicl& on a limited issue rather than the more s&stematicissue at hand3 The #nited $tates, one o+ their rst chamions o+ human rights,must reormits death (enalty (olicytowards more o+ an aolitionist directedolic& in order to resolve the conict with its allies3 '+ the S is to retain, orerhas e!en reclaim, its lace as a chamion o+ human rights and standardKearero+ such, it must egin to coml& with the human rights law and norms it heledestalish3 The #$+ by continuing to e*ecute criminals+ isolates itsel rom itsclosest allies+ com(licates e*tradition internationally+ and loses credibilityto condemn other nations or human rights abuses3 The S can ill aford tomake enemies out o+ +riends. The "uro(ean #nion+ com(rised o some o ourclosest allies traditionally+ will (rove to be a orce to be rec&oned with+both (olitically and militarily+ i we continue to isolate ourselves on humanrights issues by claiming the death (enalty to be an e*ce(tion.6ith the#$ already deending multi(le ronts internationally+ it cannot ris&isolating itsel+rom some o+ its closest traditional allies3 't is high time +or the Sto re!erse its h&ocritical olic& in regards to human rights and ecome a art o+the s&stems it heled create3 't is time +or the nited States to coml& withinternational norms & oth signing onto e0isting human rights con!entions anddra+ting aolitionist legislation domesticall&3 B& aolishing the death enalt& thenited States could oth imro!e its lace in the international s&stem and ward of+uture conPict3 'n short, the nited States should aolish the death enalt& in orderto retain and imro!e its lace in the international s&stem3 'n conclusion, while atrst hand the conPicts o!er e0tradition aear to e onl& a conPict o+ Consularrelations, knowledge trans+orms this conPict, allowing us to see it +or what it trul& isH% s&stematic conPict o!er resect +or the international s&stem3 Onowledge, orunderstanding a conPict, is the crucial ste necessar& to trans+orm it3

The death (enalty is a bloc& in "#/#$ BelationsSimon E $mith


27/64

%s discussed earlier, the "uro(ean community, including oth the Council o+"uroe and the "uroean nion o((ose the death (enalty. Trail notes Walter$chwimmer identi>ed the #nited $tates over an third world nation as theCouncil o "uro(eJs Xgreatest concernJ or human rights violations. FLikewise, the "uro(ean #nion began its drive to abolish the death (enaltyworldwide in 1 and aimed its sights s8uarely at the #nited $tates3 The

"uroean nion will onl& continue to grow in oth economic and olitical strength3The (ossibility that the "uro(ean #nion could level sanctions againstthose who ail to abide by international human rights norms is certainlyconceivable as their economic (ower grows3 The "uroean nion, unlike an&single nation which !alues human rights, is h&otheticall& caale o+ standing u tothe nited States i+ the nited States +ails to coml& with a ruling o+ the'nternational Court o+ Justice3 't is imortant to recogniGe wh& the resence o+ the" is imortant3 The "uro(ean #nion is by no means the >rst entity+ nationstate or regional system+ to o((ose the #nited $tateJs stance on the death(enalty+ rather it may well be the >rst to become strong enough to orcesome &ind o change rom the #nited $tates. n order or the #nited $tatesto retain its (osition as the worlds su(er(ower+ it would be more bene>cial

to at least seem to ma&e the decision on our own to com(ly with theinternational norms rather than waiting to be orced and in doing so loseace.


28/64

-Belations 4ood-Terrorism

#$-"# relations solves terrorism4arcia 26-A6H+Bradtke $iscusses 3S3K"uroean #elationshi, War *n Terror,

;httH66newsarchi!es3tamu3edu6stories6.46.2-A.4K/:3html>March -A, -..4 K 1oting that 3S3K"uroean relations ha!e come through a dicult eriod, $eut& %ssistantSecretar& +or "uroean and "urasian %fairs #oert %3 Bradtke said the relationshi( between the#nited $tates and its "uro(ean (artners is =absolutely vital= in efectivelyaddressing the global threat o terrorism. radt&e visited Te*as ALM#niversity ;riday or a conerence ocusing on the uture o "uro(ean#nion and #.$. relations at which a number o scholars rom around theworld e*amined issues o "uro(ean identity+ genetically modi>edorganisms+ international criminal court and global security3't was sonsored & theTe0as %M ni!ersit& "uroean nion Center, the South Te0as College o+ Law, the 7eorge Bush Eresidential Lirar&

Foundation and the 7eorge Bush School o+ 7o!ernment and Eulic Ser!ice3 ? you loo& at whatha((ened on $e(tember 11+ you had an attac& that was initially conceivedo in Aghanistan+ then it was urther develo(ed by cells o al-Qaeda in

$(ain and in 4ermany+ then it was carried out in the #nited $tates+=radt&e said. =:o one country by itsel can deal with this &ind o (roblem.6e have to wor& together to combat terrorism+ and we have to havestrong coo(erationetween our law en+orcement agencies and etween our intelligence agencies3 Weha!e to work together to crack down on nancing that goes to terrorist organiGations, and at times we will also ha!e

to e reared to take militar& action3 The countries that are most ca(able o wor&ingwith us are our "uro(ean (artners.=

Terrorism causes e*tinction#ichardBhodes /-6/46, aliate o+ the Center +or 'nternational Securit& andCooeration at Stan+ord ni!ersit&, Former !isiting scholar at ar!ard and M'T, and

author o+ The Making o+ the %tomic Bom which won the EulitGer EriGe in1onction, 1ational Book %ward, and 1ational Book Critics Circle %ward3 #educingthe nuclear threatH The argument +or ulic sa+et&;httH66www3theulletin3org6weKedition6oKeds6reducingKtheKnuclearKthreatKtheKargumentKulicKsa+et&>

The resonse was !er& diferent among nuclear and national security e*(ertswhen 'ndiana #eulican Sen3 #ichard Lugar sur!e&edE$F them in -..:3 This grou o+ D:e0ertsjudged that the (ossibility o a 6M0 attac& against a city or othertarget somewhere in the world is real and increasing over time.The medianestimate o+ the risk o+ a nuclear attack somewhere in the world & -./. was /. ercent3 The risk o+ an attack &-./: douled to -. ercent median3 There was strong, though not uni!ersal, agreement that a nuclear attack ismore likel& to e carried out & a terrorist organiGation than & a go!ernment3 The grou was slit 4: to :: ercent

on whether terrorists were more li&ely to obtain an intact wor&ing nuclear

wea(on or manuacture one ater obtaining wea(on-grade nuclearmaterial. The roli+eration o+ weaons o+ mass destruction is not just a securit& rolem, Lugar wrote in thereortRs introduction3 't is the economic dilemma and the moral challenge o+ the current age3 *n Setemer //,-../, the world witnessed the destructi!e otential o+ international terrorism3 But the Setemer // attacks do not

come close to aro0imating the destruction that would e unleashed & a nuclear weaon3 6ea(ons omass destruction have made it (ossible or a small nation+ or even a sub-national grou(+ to &ill as many innocent (eo(le in a day as national armies&illed in months o >ghting during 6orld 6ar 3The ottom line is this, LugarconcludedH For the +oreseeale +uture, the nited States and other nations will ace an e*istential


29/64

threat rom the intersection o terrorism and wea(ons o massdestruction. 'tRs arado0ical that a diminished threat o+ a suerower nuclear e0change should somehowha!e resulted in a world where the danger o+ at least a single nuclear e0losion in a major cit& has increased (andthat cit& is as likel&, or likelier, to e Moscow as it is to e Washington or 1ew 9ork83 We tend to think that a terroristnuclear attack would lead us to dri!e +or the elimination o+ nuclear weaons3 ' think the oosite case is at least

e@uall& likel&H A terrorist nuclear attac& would almost certainly be ollowed by aretaliatory nuclear stri&e on whatever country we believed to besheltering the (er(etrators. That res(onse would surely initiate a newround o nuclear armament and rearmament in the name o deterrence+however illogical. Thin& o how much 511 rightened us? thin& o howdes(erate our leaders were to (revent any urther such attac&s? thin& othe act that we invaded and occu(ied a country+ ra8+ that had nothing todo with those attac&s in the name o sending a message.


30/64

-Belations 4ood---0isease

#$ "# relations solve disease outbrea&James B3 $teinberg Summer G, )ice Eresident and $irector, Foreign Eolic&

Studies, Brookings 'nstitution, (S#)')%L, 3 /::38

But sketics ha!e it hal+ wrong, too3 oth the #nited $tates and "uro(e ace new globalthreats and o((ortunities that. n almost every case+ can be dealt with armore successully i we act together. Transnational threats+ rom terrorismand international crime to environmental damage and disease (ose anincreasing dangerto our welleing6 Eorous orders and the e0traordinar& gloal Pows o+ goods, mone&,eole and ideas +acilitate the sread o+ economic oortunit& \ ut also +oster the roli+eration o+ technolog& +orweaons o+ mass destruction6 Weak states threaten our securit& as much as ower+ul ones3 *cean and land arriersofer little rotection3 1onKstate actors \ +rom usinesses and 17*s to terrorists and mone& launderers \ la& an

increasingl& inPuential role3 n the (lace o geo(olitics+ a new Xglobal (oliticsJ isre8uired to address the threats and o((ortunities that afect us all. wecan wor& together+ we are li&ely to be ar more successul at meeting the

new global threats+ and (reserving our reedom and (ros(erity+ than i wetry to achieve these goals alone.

0isease s(read causes e*tinction)ictoriaKu :6--6, $artmouth ndergraduate Journal o+ Science Writer, uman"0tinctionH The ncertaint& o+ *ur Fate, ;httH66dujs3dartmouth3edu6sringK-..=6humanKe0tinctionKtheKuncertaint&Ko+KourK+ate>

% andemic will kill of all humans3 'n the ast, humans ha!e indeed +allen !ictim to !iruses3 Eerhas the estKknown case was the uonic lague thatkilled u to one third o+ the "uroean oulation in the midK/4th centur& (583 While !accines ha!e een de!eloed +or the lague and some other

in+ectious diseases,new viral strains are constantly emerging / a (rocess thatmaintains the (ossibility o a (andemic-acilitated human e*tinction.Somesur!e&ed students mentioned %'$S as a otential andemicKcausing !irus3 't is true that scientists ha!e een unale thus +ar to nd a sustainale cure +or%'$S, mainl& due to ')Rs raid and constant e!olution3 Secicall&, two +actors account +or the !irusRs anormall& high mutation rateH /3 ')Rs use o+re!erse transcritase, which does not ha!e a roo+Kreading mechanism, and -3 the lack o+ an errorKcorrection mechanism in ') $1% ol&merase (D83Luckil&, though, there are certain characteristics o+ ') that make it a oor candidate +or a largeKscale gloal in+ectionH ') can lie dormant in the humanod& +or &ears without mani+esting itsel+, and %'$S itsel+ does not kill directl&, ut rather through the weakening o+ the immune s&stem3 owe!er, +or more

easil& transmitted !iruses such as inPuenGa, theevolution o new strains could (rove ar moreconse8uential. The simultaneous occurrence o antigenic drit (ointmutations that lead to new strainsI and antigenic shit the inter-s(eciestranser o diseaseI in the inuen3a virus could (roduce a new version oinuen3a or which scientists may not immediately >nd a cure. $inceinuen3a can s(read 8uic&ly+ this lag time could (otentially lead to aDglobal inuen3a (andemic+F according to the Centers +or $isease Control and Ere!ention (=83 The most recent scare o+ this!ariet& came in /=/D when ird Pu managed to kill o!er :. million eole around the world in what is sometimes re+erred to as the Sanish Pu andemic3Eerhas e!en more +rightening is the +act that onl& -: mutations were re@uired to con!ert the original !iral strain which could onl& in+ect irds into ahumanK!iale strain (/.83


31/64

:uclear 6ar

#(holding international law is vital to (reventing nuclearconict

:AP; (The 1uclear %ge Eeace Foundation, % #enunciation o+1uclear Weaons *ne CitiGen at a Time Si0 %rguments +or %olishing1uclear Weaons, /=== httH66nonukes3org6cd/Dsi0arg3htm66M#78#eason TwoH The threat or use o nuclear wea(ons has been declared generallyillegal by the 6orld Court. TheJul& D, /==A decision o the nternational Courto ustice stated that it is generally illegal to use or to threaten to usenuclear wea(ons. ;rom a legal (oint o view+ it would be virtuallyim(ossible to use nuclear wea(ons without violating the laws o armedconict. The nternational $ecurity and Arms Control Committee o the#.$. :ational Academy o $ciences concluded that =the inherentdestructiveness o nuclear wea(ons+ combined with the unavoidable ris&that even the most restricted use o such wea(ons would escalate to

broader attac&s+ ma&es it e*tremely unli&ely that any contem(lated threator use o nuclear wea(ons would meet these Rthe Court,sS criteria.= nuclear armed nations are serious about u(holding international law+ theyought to immediately commence negotiations or eliminating and(rohibiting all nuclear wea(ons #eason ThreeH 1uclear weaons are morall& rerehensile3 Therightness o+ man& issues is deatale, ut nuclear wea(ons are morally insu((ortable."!en ossessing something so deadl& is wrong3 These radiationKladen oms can destro& most li+e on "arth andwould e etter descried as national and gloal suicide de!ices rather than weaons3 What could e more e!ilU %sJoseh #otlat, the /==: 1oel Eeace Laureate, urged when seaking against nuclear weaons, ?#ememer &ourhumanit&]?


32/64

9eg5AT) law Oills heg

#.$. credibility in international law is &ey to leadershi( % itstabili3ed #$ (ower+ reduces bac&lash against unilateralism

and increases overall credibilityOrisch 'G (1ico Orisch, Senior Fellow at the Center +or 'nternationalStudies at 1ew 9ork ni!ersit& Law, nilaterlaism and S ForeignEolic&, -..2, E3 A-KA266M#78owe!er, when international instruments reect #.$. (olicy (reerences vis-Y-vis other states\ as the& o+ten do (eg3, in the area o+ arms control8 \ careul analysis isneeded on whether unilateral action can render similar results orwhatever even the short-term interests o the #nited $tates demandadherence to the treaty."ven the #nited $tates itsel recogni3es the valueo legal regulation o international relations+as the descrition o+ its attemts to createand en+orce law & unilateral means has shown3 't is not read& to renounce law as an instrument, ecause lawstailiGes e0ectations and reduces the costs o+ later negotiation and o+ the en+orcement o+ certain olicies3

Thus+ the 8uestion is whether it is in the #.$. interest to acce(t the moreegalitarian (rocess o international law instead o using unilateral+hierarchal legal instruments.%lthough it is imossile to enter into a comrehensi!e discussion o+the general !alue o+ international law in this chater, ' shall outline at least some arguments in +a!or o+ such an

accetance3 First, a stronger use o international law could hel( stabili3e thecurrent (redominant (ositions o the #nited $tates. the #nited $tatesnow concludes that treaties with other states that reect its su(eriornegotiating (ower (e!en i+ not to the degree the nited States would wish8, #.$. (reerencescan sha(e international relations in a longer (ers(ective+ as change ininternational law is slower and more di@cult than (olitical change.'t isworthwhile noting that ast great owers similarl& inPuenced the international legal order to such a degree that it isossile to di!ide the histor& o+ international law into eochs dominated & these owers \ eochs that ha!e le+t

man& traces in contemorar& law3 Second, even i the #.$. (ower continues to increase

and this argument thereore a((ears to be less a((ealing+ the #nited$tates can gain rom stronger reliance on international law because thelaw can hel( legitimi3e its current e*ercise o (ower. #nilateralism ininternational (olitics is always regarded sus(iciously by other states+ andit is 8uite (robable that (erce(tions o Dim(erialismF or Dbully hegemonyFwill lead to stronger reactions by other states in the long run.%lread& now, somestates show greater unit&3 %lthough it remains to e seen whether in the Case o+ #ussia and China this greater unit&is onl& s&molic, other instances, such as the strong stance o+ the likeKminded states in the 'CC, indicate a moresustanti!e regrouing in the +ace o+ 3S3 redominance3 Similarl&, the accelerated integration o+ the " can e

regarded as caused in art & the desire to counteralance the nited States3 ; the #nited $tateswere able to channel its (ower into the more egalitarian (rocess ointernational law+ it could gain much more legitimacy or its e*ercise o(ower and signi>cantly reduce the short and long term costs o its(olicies. This has een recogniGed in the a+termath o+ the terrorist attacks against the nited States inSetemer -../, and the 3S3 resident not onl& sought to uild an international ad hoc coalition ut also takenstes to olster the international legal regime against terrorism, in articular & transmitting con!entions against

terrorism to the Senate in order to roceed with ratication3 Multilateralism is certainly valuedmore highly by #.$. administrationsince the attacks, but reluctance still (revailsin many areas+ as enduring #.$. o((osition to the CC and to the additional(rotocol to the 6C shows. Third, it is highly 8uestionable whether the#nited $tates will in act be able to (ursue its strategy o subjectinginternational law in the uture. n the (ast+ it might have been (ossible to


33/64

e*ert signi>cant inuence on the content o international agreements andthen not subscribe to them.#eeating this in the +uture is likel& to e more dicult \ as the nitedStates disco!ered in the case o+ the 'CC statute a+ter a certain oint3 %s one oser!er to the 'CC negotiations notesH'ncreasingl&, the ot

cuba embargo affirmative - international law version - northwestern 2013 6weekjuniors

Documents