talkpolitics | Entries tagged with international law

"This is going to be a fantastic year for Britain", Boris Johnson infamously boasted about 2020. Boy, was he wrong.

After last winter's exhausting election battle, and months of parliamentary chaos, after years in the shadow of Brexit, lots of folks were starting to say prayers about the country's future. And yet, Britain is now seeing one of the highest Covid mortality rates in the world, and more than 1 million jobs have just vanished.

It's no surprise that the optimists are few, and far apart these days. What's worse, the Tory government doesn't seem bound by any sense of rule and responsibility.

( Read more... )

asthfghl

Serbia accuses world of double standards over Catalonia and Kosovo

See, two principles have reigned over international politics ever since the end of WW2.

1) Territorial integrity is sacrosanct.
2) Peoples have the right of self-identification.

These two ideas were supposed to keep international peace. And to a large extent, they did. For a time. But there's a significant problem here. As you can see, these two principles are in direct conflict with each other. Various sides have often referred to either #1 or #2 in their political endeavors, particularly when the ethnic, religious and hence territorial identification of certain groups, nations and countries is in question.

When the Kosovo Albanians (a majority in Kosovo) decided to self-identify as a separate territorial entity, they cited principle #2. We have the right to be whoever we want to be. Naturally, Serbia cited the other principle, #1. Our territorial integrity is sacrosanct. The international community decided to take a side in this conflict, seemingly because they were horrified by Milosevic's atrocities, but in Realpolitik terms, because Serbia was Russia's last remaining geopolitical proxy in the Balkan region, and they had to be brought out of the big game.

When the Crimean Russians (a majority in Crimea) decided to self-identify and split away from Ukraine, then join Russia, they also cited principle #2. We have the right to be whoever we want to be, and join whomever we want. Naturally, Ukraine cited the other principle, #1. Our territorial integrity is sacrosanct. The international community decided to take a side here as well, seemingly because the Russian separatists were doing Putin's bidding, and he wanted to teach Ukraine a lesson for wanting to join the West. But in Realpolitik terms, because Crimea is a key strategic area that grants control over the Black Sea region, and Russia had to be denied that.

( Read more... )

ddstory.livejournal.com

When an event is dubbed one of our "last chances" for averting dangerous climate change, it naturally creates a lot of expectations. Especially after the failure of Copenhagen'09. Some have hastened to call the Paris climate summit pointless even before it has begun. Meanwhile, US president Obama has urged for reaching an agreement, thus additionally raising the stakes. In fact, this conference is just a step along a very long road. Its purpose is to merely set some basic directions for what's to come in the future - but of course all will depend on the commitment and dedication of all participant countries.

The good thing is, the positive effect is already visible: the countries are working together on a solution for cutting carbon emissions, and this should send a strong signal to the politicians and business circles. And secondly, this event has put the debate on climate change into the spotlight, and it's gaining momentum. So, Paris'15 is becoming a symbol of a process that's already been underway for a while.

( Read more... )

luvdovz.livejournal.com

I'm sure I'm not telling you anything new. Last Thursday at the UN meeting, Russia vetoed the resolution for creating a tribunal that'd investigate last year's downing of the Malaysian commercial airplane over Ukraine. The Russian rep Churkin said his country's position doesn't mean it's an attempt to block the efforts for finding the culprit, but outside Russia and inside the Russian opposition (or whatever's been left of it), that veto betrays certain fear of taking responsibility for the incident.

Like a real master of diplomatic rhetoric, Churkin argued that the downing of MH17 and the death of those 298 people should be considered a criminal matter, and the very idea of a tribunal is pointless. He promised that Russia would "continue to cooperate" with the investigation, and was dedicated to "finding the truth". And that Russia's veto had "nothing to do with encouraging impunity".

( Read more... )

abomvubuso.livejournal.com

The fact that China is building stuff hectically is hardly news to anyone. But here we won't be talking of skyscrapers in the crowded megapolises, but artificial islands in the hotly contested South China Sea.

Behind the "reconstruction" of 2K+ acres of land in the last year and a half through turning a bunch of rocks and sunken reefs into islands, there are big geopolitical goals lurking. China has announced they intend to use the newly formed islands for "peaceful means", in the interest of the international community. But other countries with claims and interests in that part of the world (the US included) are concerned that these lands are meant to host military bases, and China would want to expand the scope of their naval and air forces, as well as their fishing fleet. This surge of activity is causing worries about potential Chinese territorial ambitions, and raising tensions in a region that's already been considered the next battlefield with global consequence.

( Read more... )

ddstory.livejournal.com

In the recent years, we've been hearing increasingly frequently various calls for further integration of the "developed" world in its attempts to counter the emerging markets, some of which have already attained quite solid geostrategic positions in the last few decades. One of the major efforts in that direction is the preparation for the signing of the so called Transatlantic Trade and Investment Partnership (TTIP) between the US and EU, whose purpose is to finalize the unification of the economic space at the two sides of the Atlantic.

Many are concerned that the so called "Partnership" is an attempt by the Bigger Bro to get unlimited access to the European markets, in the conditions of a halved overall consumption on both sides of the Atlantic, the production capacities of just one of the two "partners" being fully capable to meet the combined demand of the new trade entity. Given the full subordination and timidity of the Brussels elites, the dropping energy prices and the lower tax burden on producers at the western side of the Big Water, I suppose you've already guessed which of the two partners will have by far the greater benefit from a trade agreement in the presently proposed form.

( There's discontent brewing... )

airiefairie.livejournal.com

Palestinians present ICC membership request to UN

The old bluff, it turns out, was no bluff at all. On the last day of last year, the Palestinian autonomy officially requested membership at the International Criminal Court, and the UN Secretary General Ban Kim Moon announced that they would be joining that institution in April. Looks like a risky move, because it will inevitably increase the tensions with Israel, since that status would allow the Palestinians to sue Israeli citizens for war crimes.

Still, the Palestinians must be tired at this point, and devoid of other options. They have already requested an investigation of all purported Israeli crimes since last June, which includes the Israeli military campaign against Gaza from last summer. But that also potentially makes them vulnerable to the same charges. The US, in turn, are expectedly critical of these steps of the autonomy. And the analysts are debating whether this course of action would ultimately increase or undermine the success of the Palestinian cause, the creation of an independent sovereign state.

( Read more... )

luzribeiro.livejournal.com

Seems like Cuba is pulling the brakes on the recently heralded warming up of its relations with the US. The historic breakthrough may've prompted many in Havana to sound the alarm: what would happen if Obama's new approach to Cuba puts all achievements of the revolution in question? Cuba is afraid it could remain without its sworn enemy. And for a reason. After all, the US has been one of the main foundations that the Castro regime has long been using to legitimize its grip on power.

Without its crusade against American imperialism, the regime would find it hard to explain to its people how come there's still a one-party state there. If the US embargo is lifted, there'll be no more excuse for the ailing economy and the finacial failures. Which is why the hardliners in Havana don't really seem to want a normalization of the relations with the US. Since the very beginning of the negotiations, a speaker of the Cuban foreign ministry pointed out that establishing normal diplomatic relations shouldn't necessarily mean normalization of the political relations.

After half a century of socialism, Cuba cannot and does not want to abandon its ideological principles - not without putting the very existence of its system in jeopardy. The Castro regime is doing their best to protect their power, while the US is mostly pursuing economic and geopolitical interests. So the normalization of the diplomatic relations has its merits for both sides, but for different reasons.

( Read more... )

airiefairie.livejournal.com

The world probably just got its best New Year's present in many decades, it seems...

UN officials hail entry into force of landmark global arms trade treaty

"United Nations officials are welcoming the entry into force of the Arms Trade Treaty (ATT), hailing it as a new chapter in collective efforts to bring responsibility, accountability and transparency to the global arms trade."

This is a landmark piece of international legislation, a result of long and hard work by a number of countries, and is aiming to provide the much anticipated change in the way arms industries around the world are regulated. After two decades of preparation, this treaty was finally opened for signing about a year ago, potentially making global arms trade subject to international law. It has now been signed by over 130 states, and ratified by 60 of them, who in turn have adopted its stipulations into their own laws.

The initiative which gave the final push was launched by Amnesty International, which recruited several of the most prominent Nobel Peace Prize laureates lead by former Costa Rican president Oscar Arias. Actually the most decisive breakthrough came in 2006 when the UN General Assembly passed a resolution instructing the Secretary General to explore a future arms trade treaty - curiously, out of 154 votes at the time, 153 were in favour, and the only one against was... wait for it... the USA.

( Read more... )

airiefairie.livejournal.com

The plans of the European Commission to create a united market that would include Europe and the US, have for a long time been developing far away from the spotlight of public attention. But after they did become known, people throughout Europe are asking the question who would really benefit from this project.

And given what has transpired, the question does seem to make a lot of sense. The EC claims that the Transatlantic trade and investment pact would include a mechanism that is designed to be solving disputes between investors and the state. In other existing trade agreements where such a mechanism is included, it has would allow big corporations to sue the governments before private appeal courts, consisting of corporate solicitors, and basically bypass the existing national and even supranational judicial systems, sidelining the respective parliaments. Whether that constitutes an all-out "assault on democracy" or merely another step towards shaping legislation to suit the already-existing economic and business landscape, I do not think I am competent enough to judge.

( Read more... )

leonidstorch.livejournal.com

Originally posted by

leonidstorch at Petition to Designate Russia as State Sponsor of Terrorism

Sign a petition to the White House to designate Russia as "State Sponsor of Terrorism". Let's stop the Kremlin from attacking Ukraine!

The petition has already generated the required 100,000 signatures, but each additional vote will only strengthen the cause.

In its unannounced war against Ukraine, Russia relies on covert operations which fall squarely within the definition of "international terrorism" under 18 U.S.C. § 2331. Specifically, armed operatives of Russia, acting under disguise, attempt to influence the policy of Ukrainian government by intimidation or coercion. They also try to affect the conduct of a government by assassinations and kidnapping, taking by force government buildings, police posts and military bases of Ukraine. This activity is being conducted on large scale and over prolonged time period, despite condemnation by the USA, G-7, NATO, EU and UN. Accordingly, Russia must be officially designated as "State sponsor of terrorism", per http://www.state.gov/j/ct/list/c14151.ht

luzribeiro.livejournal.com

In September there'll be an independence referendum in Scotland. And a couple of months later, another one in Catalunya. Secessionist movements are usually full of emotion and a desire for self-determination, but they're mainly driven by economic motivations - as is exactly the case with Catalunya and Scotland.

It seems the more prosperous regions are usually more prone to wanting independence. It's true that seceding could bring a drastic increase of social expenditure and extra taxes as a side effect, but the scope of that increase largely depends on the capital flows between the seceding region and the metropoly. There's nothing surprising in the fact that the presence of natural resources is often an important triggering factor for secession aspirations. If these resources occupy a relatively significant share of a region's exports, the probability for a secessionist push increases respectively. For example in Scotland the independence movement has gained momentum after the 60s when large oil deposits were found in the North Sea.

( Read more... )

peristaltor.livejournal.com

Just yesterday, I read that the belief "that we could have utopian prosperity if we got rid of private businesses and had the government run everything" should be marked down to "stubborn stupidity." Fair enough. As hyperbolic and Straw Manned-up as that statement is, thwarting all independent economic activity would be a bit delusional, given that nobody even agrees upon the definition of "individual", let alone of "collective."

That said, I find it fascinating how many screeds railing against "statism" (again, whatever that might be) completely ignore the actual clear and present danger that non-state actors are continuously exacting on the right of countries to exercise any semblance of sovereignty, and all under the geas of "free trade." Don't these folks know that given enough size, a corporation today has—via the power granted by over-reaching trade agreements—greater legal right ( than most countries? )

mahnmut.livejournal.com

Picture the following scene. A sunny October afternoon in 2012. The 68 year old Mamana Bibi is picking up vegetables at her family yard in a small village in the north-western corner of Pakistan. Suddenly a missile comes flying from the sky and tears the old woman into a smouldering heap of boiling blood and scattered body parts, just in front of the horrified eyes of her grandchildren.

A few months later, in July, some workers in a remote village are gathered in a tent for dinner after a long and tiresome day. The first missile comes in, killing all 8 of them, including a young boy. The next strike hits the people who have later come to help them, bringing the death tally to 18. Witnesses describe a shocking scene of panic, horror, blood and flying limbs and heads all around the place. While American drones keep circling in the sky above.

In another incident, at least 50 civilians get killed in follow-up strikes while trying to help victims of a previous drone attack. And another 20 are killed in deliberate strikes on funerals and mourners.

( The list could go on )

rick-day.livejournal.com

Is GB about to toss out the Vienna Convention over Assange in the Ecuadorian Embassy flap?

... returned to the UK today to be astonished by private confirmation from within the FCO that the UK government has indeed decided – after immense pressure from the Obama administration – to enter the Ecuadorean Embassy and seize Julian Assange.

This will be, beyond any argument, a blatant breach of the Vienna Convention of 1961, to which the UK is one of the original parties and which encodes the centuries – arguably millennia – of practice which have enabled diplomatic relations to function. The Vienna Convention is the most subscribed single international treaty in the world.

Which, um, would not be a good thing, given the exposure of our diplomats in areas (MANY areas!) hostile to the US.

( Then someone went and made it 'all political': )

My opinion: this one man is not worth all of this attention and waste of energy, unless some totalitarian government demands to make an example of the demonized 'truth seeker' ("V", Manning, et al.).

"Hey Julian! Where is your Julian mask??"

So what do you think the world reaction would be if British troops stormed, and/or, oops, killed a 'resisting' Assange? Over allegations of a leaked condom?

Just what is the deal with this one guy and all the fuss to get him to Sweden for questioning? And how does he keep convincing people to give him free room and board?

Mood: pissed off

underlankers.livejournal.com

http://www.cnn.com/2012/03/26/world/meast/israel-human-rights/index.html

Israel has severed ties with the UN Human Rights Council on grounds of butthurt about being called out on breaking particular statues of international law it shamelessly breaks, but a particular subset of international law that can never seriously be enforced. Otherwise, to use just one example, Kaliningrad Oblast would return to being the port of Konigsberg as what the USSR did there violated the same tenets of the law, Russia still does this, but it's not ever going to change in any immediate timespan. So on the one hand this is the international law version of running a stop sign, and on the other this is the first modern instance of flouncing from the UN.

On the other hand, this is the same UN Human Rights Commission that includes such sterling exemplars of Human Rights, Freedom, and Democracy as Saudi Arabia, Libya, Nigeria, Uganda, Hungary, and Cuba. So it's not like the UN Human Rights Commission means anything too much as it is, as the odds of it seriously representing human rights like this is like expecting a wolf pack to guard a herd of sheep. So in my opinion this is a mixture of "ROFLMAO" and "Eh, Israel's being a dick again, no surprise."

Your opinions?

underlankers.livejournal.com

That is to say a good-news story which has every reason for grounds for optimism:

http://www.voanews.com/english/news/ICC-Finds-Congolese-Warlord-Guilty-142613986.html

The International Criminal Court, in trying one of the war criminals from the forgotten continental wars in the Congo, has found one of these men guilty. This is the first such verdict in the ten years since the Court was established, and as such is setting a new standard for and about international law, which is also a plus. It's the first occasion since the end of the World Wars that there's been such a trial that has not been held by a Great Power of the losing side of a war, but instead a trial conducted by a court of war crimes on the basis *of* such a court.

This is a good sign, really, on an international scale as it means that the global legal system is evolving in a good way, less prone to the internal domestic politics and dickwaving of the Big Powers and in theory at least more impartial and fair and balanced for all Powers.

htpcl.livejournal.com

~~Zdravo, dragi drugari~~! Hello, dear fellows. I'm sure everyone has heard about the arrest of Gen. Ratko Mladic (actually we already discussed it here, once). Similarly to Osama bin Laden, Mladic was arrested in the most obvious place where he could be hiding. It was so obvious that it's even incredible. While Terrorist #1 was hiding in a big luxurious compound in Pakistan rather than the Bora-Bora mountains, the most wanted war criminal was detained by the Serbian security services in the house of a relative of his in the village Lazarevo, in the Vojvodina autonomous district (about 80 km north of Belgrade). He had been hiding under the name Milorad Komadic. But unlike the other big war criminal Radovan Karadzic, who was barely recognizable because he was sporting a long beard and hair, Mladic hadn't disguised himself at all, and besides he was betrayed by an informant. Then a DNA analysis followed, confirming his identity.

With his arrest Serbia is closing a page in its history. The president Boris Tadic confirmed the detention of the former military leader of the Bosnian Serbs at a briefing. "The arrest has cleared our name. All war criminals should be held to justice", he said.

( Now that a major obstacle to EU membership has been removed... )

malasadas.livejournal.com

One of the world's longest standing manhunts ended today with the arrest of Ratko Mladic, the former head of the Bosnian Serb Army during the war between Bosnian Serbs, Croats and Muslims in the 1990s. General Mladic will be now turned over to the International Criminal Tribunal for the Former Yugoslavia which indicted him in 1995 for genocide, war crimes and crimes against humanity. Among the many brutal actions he is accused of, Mladic is alleged to have ordered and overseen the Srebenica massacre in 1995, widely regarded as Europe's worst massacre since World War II.

While some in Belgrade still regard Mladic as a hero of the Serbian people, observers in the capital note that the general feeling among people is one of relief. Cynics may also note that Mladic's arrest and transfer to the Hague clears the way for Serbia to join the E.U. and perhaps finally normalize its relationship with the rest of Europe, a process that has included the arrest and trial of Slobodan Milošević and Radovan Karadžić, and which may have never gotten to Mladic without the enticement of EU membership.

( I spend too much time pondering things here )

jennem.livejournal.com

Oklahoma recently passed a constitutional amendment that prohibits courts in that jurisdiction from relying on foreign law.

Specifically, the measure amended Article 7, Section 1 of the Oklahoma Constitution to say:

“The Courts . . . when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international or Sharia Law.

Setting aside the constitutionality of such a measure, is it smart?

Consider the scope of the ban. Judges aren't just prohibited from considering international (or Sharia) law when considering the constitutionality of a law. They're prohibited from considering foreign (or Sharia) law, period.

Foreign law comes up all the time in the state and federal court system. Hell, state and federal courts often interpret and apply foreign law when conflicts of law and choice of law principles point towards the application of such laws.

Got a contract that stipulates that the laws of the United Kingdom apply? Sorry. Not in Oklahoma. The courts are now forbidden from interpreting or applying the laws of the United Kingdom to your contract. What about a contract that stipulates a foreign forum for all legal disputes? Sorry. The provision prohibiting state courts from addressing the legal precepts of other nations or cultures potentially precludes courts from enforcing such provisions. Enforceability of foreign judgments, enforceability of arbitration awards, the doctrine of forum non conveniens, principles of personal jurisdictional. The amendment impacts all of these in ways that could negatively affect Oklahomans and their ability to obtain legal relief within the borders of their own state.

The amendment created a host of legal problems to avoid the boogeyman. What the hell were you thinking, Oklahoma?

Mood: amused

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Talk politics.

A place to discuss politics without egomaniacal mods.

Entries tagged with international law

The UK we never expected

Re: Catalonia

A matter of degree

A tale of a crime and a veto

The Great Sea Wall of China

(On topic) TTIP: Corporatocracy in action

An offensive with many risks

Cuba needs its old foe

The UN arms treaty

The big Transatlantic lie

Petition to Designate Russia as State Sponsor of Terrorism

Divorce, the European way

New World Order, Inc.

Shock'n'awe from the sky

There is no use crying over spilled semen

Ah, Israel and the HRC:

And now for something completely different:

Ticket to Europe

Ratko Mladic and International Justice

Stupid is as Stupid Does

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May 2025

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