Unnamed: 0
int64 0
241k
| Full-Document
stringlengths 96
265k
| Citation
stringlengths 1
50k
| Extract
stringlengths 34
30.6k
| Abstract
stringlengths 8
8.56k
| #CharsDocument
int64 96
265k
| #CharsAbstract
int64 8
8.56k
| #CharsExtract
int64 34
30.6k
| #WordsDocument
int64 20
41.6k
| #WordsAbstract
int64 4
1.34k
| #WordsExtract
int64 11
4.68k
| AbsCompressionRatio
float64 0
0.99
| ExtCompressionRatio
float64 0
1
| OriginalDebateFileName
stringlengths 19
104
| DebateCamp
stringclasses 30
values | Tag
stringclasses 15
values | Year
stringclasses 11
values |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
4,100 |
Scholars have usefully distinguished between two types of economic engagement: conditional policies that require an explicit quid-pro-quo on the part of the target country, and policies that are unconditional. Conditional policies, sometimes called “linkage” or economic “carrots,” are the inverse of economic sanctions. Instead of threatening a target country with a sanction absent a change in policy, conditional engagement policies promise increased economic flows in exchange for policy change. Drezner’s (1999/2000) analysis of conditional economic inducements yields a set of highly plausible expectations concerning when conditional strategies are likely to be employed, and when they are likely to succeed. Specifically, he suggests that reasons exist to believe, a priori, that policies of conditional engagement will be less prevalent than economic sanctions. First, economic coercion is costly if it fails (sanctions are only carried out if the target country fails to change policy), while conditional engagement is costly if it succeeds (economic payoffs are delivered only if the target country does change policy). Second, states may be reluctant to offer economic inducements with adversaries with whom they expect long-term conflict, as this may undermine their resolve in the eyes of their opponent while also making the opponent stronger. Third, the potential for market failure in an anarchic international setting looms large: both the initiating and the target states must be capable of making a credible commitment to uphold their end of the bargain. These factors lead Drezner to hypothesize that the use of economic carrots is most likely to occur and succeed between democracies (because democracies are better able to make credible commitments than non-democracies), within the context of international regimes (because such regimes reduce the transactions costs of market exchange), and, among adversaries, only after coercive threats are first used. Unconditional engagement strategies are more passive in that they do not include a specific quid-pro-quo. Rather, countries deploy economic links with an adversary in the hopes that economic interdependence itself will, over time, effect change in the target’s foreign policy behavior and yield a reduced threat of military conflict at the bilateral level. How increased commercial and/or financial integration at the bilateral level might yield an improved bilateral political environment is not obvious. While most empirical studies on the subject find that increased economic ties tend to be associated with a reduced likelihood of military violence, no consensus exists regarding how such effects are realized. At a minimum, two causal pathways exist that state leaders might seek to exploit by pursuing a policy of unconditional engagement: economic interdependence can act as a constraint on the foreign policy behavior of the target state, and economic interdependence can act as a transforming agent that helps to reshape the goals of the target state.
|
Kahler, 4 – University of California, San Diego, Graduate School of International Relations and Pacific Studies [Miles, and Scott Kastner, University of Maryland Department of Government and Politics, “Strategic Uses of Economic Interdependence: Engagement Policies in South Korea, Singapore, and Taiwan,” 2006, https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CDAQFjAA&url=http%3A%2F%2Fwww.bsos.umd.edu%2Fgvpt%2Fkastner%2FKahlerKastner.doc&ei=n1eRUcnVOpTW8gT06oGADA&usg=AFQjCNFNFta1M5d4wNmGEXYkeG86I4Ehdw&sig2=282hgP-ZbOqOdCok5zJqkA&bvm=bv.46340616,d.eWU]
|
Scholars have usefully distinguished between two types of economic engagement: conditional policies that require an explicit quid-pro-quo on the part of the target country, and policies that are unconditional conditional engagement policies promise increased economic flows in exchange for policy change. Unconditional engagement strategies are more passive in that they do not include a specific quid-pro-quo. countries deploy economic links with an adversary in the hopes that economic interdependence itself will, over time, effect change in the target’s foreign policy behavior and yield a reduced threat of military conflict at the bilateral level
|
Can be conditional or conditioned
| 3,040 | 33 | 652 | 451 | 5 | 93 | 0.011086 | 0.206208 |
Engagement Counterplan - Gonzaga 2013.html5
|
Gonzaga (GDI)
|
Counterplans
|
2013
|
4,101 |
The essence of Marcel Mauss’ landmark essay on ‘the gift’ is that the act of giving creates a social bond between giver and receiver (Mauss 1990). According to Mauss, there are three elements to this: giving (which establishes the social bond); receiving (because to refuse would not just be to renounce the gift, but also the social relationship); and reciprocating (to demonstrate in return one’s own honour, wealth and standing). Critically, there is an ambivalence in the performance of the gift – it must be conducted as voluntary, disinterested and ‘free’, even as it sets an obligation at some future point to reciprocate. The gift economy there- fore has a social function – the creation and tending of social relationships.
|
Mawdsley 2012 [Emma, Senior Lecturer, Department of Geography, Cambridge University, "The Changing Geographies Of Foreign Aid And Development Cooperation: Contributions From Gift Theory." Transactions Of The Institute Of British Geographers 37.2 (2012): 256-272.]
|
‘the gift’ is that the act of giving creates a social bond between giver and receiver there are three elements to this: giving (which establishes the social bond); receiving (because to refuse would not just be to renounce the gift, but also the social relationship); and reciprocating (to demonstrate in return one’s own honour, wealth and standing). there is an ambivalence in the performance of the gift – it must be conducted as voluntary, disinterested and ‘free’, even as it sets an obligation at some future point to reciprocate. The gift economy there- fore has a social function – the creation and tending of social relationships.
|
A gift still creates an obligation at some point to reciprocate
| 732 | 63 | 639 | 120 | 11 | 106 | 0.091667 | 0.883333 |
Engagement Counterplan - Gonzaga 2013.html5
|
Gonzaga (GDI)
|
Counterplans
|
2013
|
4,102 |
It is not just the first half of the terminology that is contested: for many in the South the word ‘donor’ is burdened with associations of paternalism, hierarchy and neo-colonial interference. Some of the (re-)emerging actors prefer to call themselves ‘development partners’ in a conscious promotion of a discourse of horizontal relations of mutual benefit, non-interference and respect for sovereignty, rather than the vertical hierarchy invoked by the terms ‘donor’ and ‘recipient’. Similarly, they often prefer the term ‘development assistance’ or ‘development cooperation’ to ‘foreign aid’. This brings us to the question of what actually constitutes development cooperation, and whether it can be accurately or meaningfully compared with DAC definitions of ‘foreign aid’, a debate that is both technically complicated and open to sharp political and ideological disagreements (Brautigam 2010).Different Southern actors define ‘development cooperation’ in different ways, but it includes grants, loans, lines of credit, debt cancellation, studentships and technical training, resource-for-infrastructure swaps, the provision of doctors, nurses and other skilled professionals, humanitarian relief, and so on.
|
Mawdsley 2012 [Emma, Senior Lecturer, Department of Geography, Cambridge University, "The Changing Geographies Of Foreign Aid And Development Cooperation: Contributions From Gift Theory." Transactions Of The Institute Of British Geographers 37.2 (2012): 256-272.]
|
the word ‘donor’ is burdened with associations of paternalism, hierarchy and neo-colonial interference. vertical hierarchy invoked by the terms ‘donor’ and ‘recipient’. Similarly, they often prefer the term ‘development assistance’ or ‘development cooperation’ to ‘foreign aid’. This brings us to the question of what actually constitutes development cooperation, and whether it can be accurately or meaningfully compared with DAC definitions of ‘foreign aid’, ‘development cooperation’ in different ways, but it includes grants, loans, lines of credit, debt cancellation, studentships and technical training, resource-for-infrastructure swaps, the provision of doctors, nurses and other skilled professionals, humanitarian relief, and so on
|
Grants are still a form of development cooperation that is associated with hierarchy
| 1,213 | 84 | 741 | 168 | 13 | 98 | 0.077381 | 0.583333 |
Engagement Counterplan - Gonzaga 2013.html5
|
Gonzaga (GDI)
|
Counterplans
|
2013
|
4,103 |
¶ Hattori argues that the grant element of official foreign aid should be categorised, in Mauss’s schema, as ‘gift’ rather than economic exchange or redistribution. But unlike gifts between equals – gifts as part of an exchange system – the gift of aid is one that is unreciprocated. Unlike loans, grants are not paid back: they are exempt (or rather, as we shall see, appear to be exempt) from the obligation to return something to the giver. Here Hattori turns to Marshall Sahlins (1972), who finesses Mauss’s arguments with a greater attentiveness to power. Sahlins’ typology of giving includes the category of ‘negative giving’, in which the norms of reciprocity are indefinitely suspended. Under these circumstances, Sahlins argued, the social relationship that is created and maintained by gift giving is one of superiority and inferiority, rather than a competitive interplay of honour, dignity and status. According to Hattori, official foreign aid clearly exhibits the features of Sahlins’ ‘negative giving’: it arises from a condition of significant material inequality between donor and receiver; it makes a (supposed) virtue of unreciprocated giving; and it can be understood, therefore, as a practice that both signals and euphemises symbolic domination. Bourdieu (1977 1990) adds further to gift theory by exploring the acquiescence of the recipient in their ‘symbolic domination’, proposing their active complicity in maintaining an unequal social order. Persistent unreciprocated receiving allows social inequality to be naturalised as the ‘normal order of things’, and thus perpetuated. In the case of foreign aid, we can see this expressed materially and psychologically as dependency.
|
Mawdsley 2012 [Emma, Senior Lecturer, Department of Geography, Cambridge University, "The Changing Geographies Of Foreign Aid And Development Cooperation: Contributions From Gift Theory." Transactions Of The Institute Of British Geographers 37.2 (2012): 256-272.]
|
Unlike loans, grants are not paid back: they are exempt (or rather, as we shall see, appear to be exempt) from the obligation to return something to the giver giving includes the category of ‘negative giving’, in which the norms of reciprocity are indefinitely suspended the social relationship that is created and maintained by gift giving is one of superiority and inferiority, rather than a competitive interplay of honour, dignity and status. aid clearly exhibits the features of Sahlins’ ‘negative giving’ it arises from a condition of significant material inequality between donor and receiver; it makes a (supposed) virtue of unreciprocated giving; and it can be understood, therefore, as a practice that both signals and euphemises symbolic domination. Persistent unreciprocated receiving allows social inequality to be naturalised as the ‘normal order of things’, and thus perpetuated.
|
Grants appear to be unreciprocated but this signals symbolic domination
| 1,703 | 72 | 894 | 259 | 10 | 136 | 0.03861 | 0.525097 |
Engagement Counterplan - Gonzaga 2013.html5
|
Gonzaga (GDI)
|
Counterplans
|
2013
|
4,104 |
Thus for both official donors and recipients, aid is primarily conceptualised, with its associated rules and norms, as either an economic contract or an entitlement. Aid conceived as a gift has few friends in the official world of aid but it is attractive to anthropologists studying aid because it appears to illuminate what may be actually happening as distinct from what people say they are doing. So far, such studies have focused on the non-governmental sector, where ideas of philanthropy and charitable giving are much stronger than in official aid circles. Stirrat and Henkel (1997) look at how a gift of money from a private donor in the North moves through a chain of non-governmental organisation (NGO) relationships until it reaches its ultimate recipient. Drawing on the classic on gift theory by the French sociologist, Marcel Mauss, Stirrat and Henkel argue that while the money flows one way, symbolic reciprocity moves up the chain the other way. Most notably, they propose that while the gift is understood by the donor as an expression of social solidarity and the way it is given attempts to deny difference between the donor and the recipient, a gift in practice reinforces or even reinvents these differences (Stirrat and Henkel 1997). Sampson (2002) writes in a similar vein about the chain of giving and receiving, in which it is always the giver who has the power, stressing that there is no such thing as a free gift.
|
Eyben 2006 [Rosalind, Professorial Fellow Institute of Development Studies, "The Power Of The Gift And The New Aid Modalities." IDS Bulletin 37.6 (2006): 88-98.]
|
Aid conceived as a gift has few friends the gift is understood by the donor as an expression of social solidarity and the way it is given attempts to deny difference between the donor and the recipient, a gift in practice reinforces or even reinvents these differences (Stirrat and Henkel 1997). Sampson (2002) writes in a similar vein about the chain of giving and receiving, in which it is always the giver who has the power, stressing that there is no such thing as a free gift.
|
Gifts increase difference and still link—there is no such thing as a free gift
| 1,443 | 78 | 481 | 242 | 14 | 87 | 0.057851 | 0.359504 |
Engagement Counterplan - Gonzaga 2013.html5
|
Gonzaga (GDI)
|
Counterplans
|
2013
|
4,105 |
The idea of sincerity in this definition is intimately connected with social trust, so¶ it is important to understand its nature. A rational actor might understa¶ nd such sincerity¶ as a¶ quid pro quo¶ . Two combatants agree to resolve their differences by resorting to¶ reason. That is, it is agreed that whoever provides the better reasons wins. To make this¶ agreement plausible, each combatants must convince the other¶ that they really do intend¶ to resolve the conflict if they lose the argument. Thus, they must at least feign sincerity.
|
Social Capital and Deliberative Theory:¶ A Synthesis and Empirical Test¶ Peter Muhlberger¶ Institute for the Study of Information Technology and Society (InSites)¶ Carnegie Mellon University¶ Pittsburgh, Pennsylvania 01
|
The idea of sincerity in this definition is intimately connected with social trust, so¶ it is important to understand its nature. A rational actor might understa¶ nd such sincerity¶ as a¶ quid pro quo¶ . Two combatants agree to resolve their differences by resorting to¶ reason.
|
Quid pro qou is more sincere
| 544 | 29 | 278 | 90 | 6 | 46 | 0.066667 | 0.511111 |
Engagement Counterplan - Gonzaga 2013.html5
|
Gonzaga (GDI)
|
Counterplans
|
2013
|
4,106 |
Gift-giving¶ has¶ often¶ puzzled¶ economists,¶ especially¶ because¶ effi-¶ cient¶ gifts-like¶ cash¶ or¶ giving¶ exactly¶ what¶ a¶ person¶ asks¶ for-¶ seem¶ crass¶ or¶ inappropriate.¶ It¶ is¶ shown¶ in¶ a¶ formal¶ game-theoretic¶ model¶ that¶ gifts¶ serve¶ as¶ "signals"¶ of¶ a¶ person's¶ intentions¶ about¶ future¶ investment¶ in¶ a¶ relationship,¶ and¶ inefficient¶ gifts¶ can¶ be¶ bet-¶ ter¶ signals.¶ Other¶ explanations¶ for¶ the¶ inefficiency¶ of¶ gift¶ giving¶ are¶ advanced,¶ and¶ some¶ stylized¶ facts¶ about¶ gift-giving¶ practices¶ are¶ described¶ (many¶ of¶ which¶ are¶ consistent¶ with¶ the¶ signaling¶ view¶ of¶ gifts)
|
Camerer 88 Supplement: Organizations and¶ Institutions: Sociological and Economic Approaches to the Analysis of Social Structure (1988),¶ pp. S180-S21, gifts as economic and social symbols, http://authors.library.caltech.edu/22177/1/2780246%5B1%5D.pdf
|
Gift-giving¶ has¶ often¶ puzzled¶ economists,¶ especially¶ because¶ effi-¶ cient¶ gifts-like¶ cash¶ or¶ giving¶ exactly¶ what¶ a¶ person¶ asks¶ for-¶ seem¶ crass¶ or¶ inappropriate.¶ It¶ is¶ shown¶ in¶ a¶ formal¶ game-theoretic¶ model¶ that¶ gifts¶ serve¶ as¶ "signals"¶ of¶ a¶ person's¶ intentions¶ about¶ future¶ investment¶ in¶ a¶ relationship,¶ and¶ inefficient¶ gifts¶ can¶ be¶ bet-¶ ter¶ signals
|
Gifts expect something in return
| 631 | 32 | 401 | 84 | 5 | 54 | 0.059524 | 0.642857 |
Engagement Counterplan - Gonzaga 2013.html5
|
Gonzaga (GDI)
|
Counterplans
|
2013
|
4,107 |
In¶ most¶ anthropological¶ accounts,¶ reciprocity¶ is¶ essential-accepting¶ a¶ gift¶ implies¶ a¶ solemn¶ obligation¶ of¶ repayment¶ (as¶ in¶ accepting¶ a¶ loan).¶ This¶ insistence¶ on¶ reciprocity¶ suggests¶ that,¶ for¶ primitives,¶ gifts¶ actually¶ provide¶ insurance¶ or¶ credit,2¶ substituting¶ for¶ exchange¶ in¶ formal,¶ anony-¶ mous¶ markets¶ (see¶ Posner¶ 1980;¶ Hemenway¶ 1984).¶ If¶ so,¶ the¶ flamboyant¶ gift¶ giving¶ chronicled¶ by¶ anthropologists¶ is¶ not¶ a¶ good¶ guide¶ to¶ modern¶ gift¶ giving,¶ and¶ it¶ is¶ especially¶ misleading¶ to¶ assume¶ that¶ modern¶ gift¶ giving¶ must¶ be¶ reciprocal¶ (it¶ is¶ not¶ always¶ so),¶ as¶ many¶ scholars¶ have¶ (e.g.,¶ Schwartz¶ 1967,¶ p.¶ 8;¶ Titmuss¶ 1971,¶ p.¶ 72;¶ Akerlof¶ 1982,¶ p.¶ 550)
|
Camerer 88 Supplement: Organizations and¶ Institutions: Sociological and Economic Approaches to the Analysis of Social Structure (1988),¶ pp. S180-S21, gifts as economic and social symbols, http://authors.library.caltech.edu/22177/1/2780246%5B1%5D.pdf
|
In¶ most¶ anthropological¶ accounts,¶ reciprocity¶ is¶ essential-accepting¶ a¶ gift¶ implies¶ a¶ solemn¶ obligation¶ of¶ repayment¶ (as¶ in¶ accepting¶ a¶ loan).¶ This¶ insistence¶ on¶ reciprocity¶ suggests¶ that,¶ for¶ primitives,¶ gifts¶ actually¶ provide¶ insurance¶ or¶ credit,2¶ substituting¶ for¶ exchange¶ in¶ formal,¶ anony-¶ mous¶ markets
|
Gift giving implies reciprocity
| 748 | 31 | 347 | 101 | 4 | 42 | 0.039604 | 0.415842 |
Engagement Counterplan - Gonzaga 2013.html5
|
Gonzaga (GDI)
|
Counterplans
|
2013
|
4,108 |
The gift has no idiosyncratic or artful definition that needs to be addressed. Derrida’s concept of the gift is simplyas it sounds: Something that is given to someone by someone else.¶ Gift ¶ , however, is a misleading term. Once anaward is given to someone, that someone assumes a debt (of gratitude or a reciprocation of the gift). The giver of the gift, in return, is “consciously and explicitly” pleased with him- or herself for the show of generosity (Caputo,1997, p. 141). This narcissistic, self-eudemonical exchange is in fact in- creased if the receiver is ungrateful or isunable, through the anonymity of the gift, to show gratitude. Thus, the offering that is made without expectation of explicit gratitude simply nourishes the narcissism of the giver. This is the paradoxical dimension of the gift. Thesender of the gift, instead of giving, receives; and the receiver of the gift, instead of receiving something, is in debt(Caputo, 1997). To avoid mobilizing the circular economy of the gift (the circle of exchange, of reciprocation, andof reappropriation), the gift must not appear as such. Thus, the giver must not be aware that he or she is giving, andthe receiver must not be aware that he or she is receiving. Only under those circumstances would the giver not fuelthe fire of narcissistic generosity, and the receiver not assume a debt. As Caputo (1997) notes, the pure gift “couldtake place only if everything happened below the level of conscious intentionality, where no one intends to giveanything to anyone and no one is intentionally conscious of receiving anything” (p. 147). Phenomenologistsremind us, following Aristotle’s (1925) notion of act and intentionality, that the agent always acts for its own good.The agent always intends to act for its own good; otherwise, it will not act at all (e.g., Heidegger, 1962; Husserl,1983). Thus, there are always degrees of intentionality—expectation, reciprocation, and reappropriation—on thepart of the giver. The giving of the gift serves a purpose. It can be traced to narcissism masked by a facade of generosity, or it can be linked to anticipation of something that will come back at some point some time in thefuture (Derrida, 1997). This is where the notion of economy arises. What fuels the economy are “entitiesdetermined and exchanged, of calculation and balanced equations, of equity and sound reason, of laws andregularities” (Caputo, 1997, p. 146). It is the gift that the community has an affinity for in the name of democratic justice. The justice that the gift does, however, authenticates the reality of a pseudo-democracy. An imitation (i.e.,illusion) of justice that, as an artifact of simulation, is more real that reality itself; one that is (im)possible in thecommunity that we refer to as democratic society.¶ 12¶ ¶ .
|
Arrigo and Williams,¶ of the California School of Professional Psychology,¶ 2K¶ (Bruce and Christopher, Journal of Contemporary Criminal Justice, August page First Search gjm)¶
|
.¶ Gift ¶ , however, is a misleading term. Once anaward is given to someone, that someone assumes a debt (of gratitude or a reciprocation of the gift). The giver of the gift, in return, is “consciously and explicitly” pleased with him- or herself for the show of generosity (Caputo,1997, p. 141). This narcissistic, self-eudemonical exchange is in fact in- creased if the receiver is ungrateful or isunable, through the anonymity of the gift, to show gratitude. Thus, the offering that is made without expectation of explicit gratitude simply nourishes the narcissism of the giver. The giving of the gift serves a purpose. It can be traced to narcissism masked by a facade of generosity, or it can be linked to anticipation of something that will come back at some point some time in thefuture (Derrida, 1997). This is where the notion of economy arises. What fuels the economy are “entitiesdetermined and exchanged, of calculation and balanced equations, of equity and sound reason, of laws andregularities
|
Gift giving implies a self-narcissism and are always a facade of generosity
| 2,810 | 76 | 1,007 | 453 | 12 | 166 | 0.02649 | 0.366446 |
Engagement Counterplan - Gonzaga 2013.html5
|
Gonzaga (GDI)
|
Counterplans
|
2013
|
4,109 |
It is a problem that is very close to my heart because I teach, after all, abroad. I will have in an undergraduate class, let's say, a young, white male student, politically-correct, who will say: "I am only a bourgeois white male, I can't speak." In that situation-it's peculiar, because I am in the position of power and their teacher and, on the other hand, I am not a bourgeois white male-I say to them: "Why not develop a certain degree of rage against the history that has written such an abject script for you that you are silenced?" Then you begin to investigate what it is that silences you, rather than take this very deterministic position -- since my skin colour is this, since my sex is this, I cannot speak. I call these things, as you know, somewhat derisively, chromatism: basing everything on skin color-"I am white, I can't speak"-and genitalism: depending on what kind of genitals you have, you can or cannot speak in certain situations. From this position, then, I say you will of course not speak in the same way about the Third World material, but if you make it your task not only to learn what is going on there through language, through specific programmes of study, but also at the same time through a historical critique of your position as the investigating person, then you will see that you have earned the right to criticize, and you be heard. When you take the position of not doing your homework "I will not criticize because of my accident of birth, the historical accident" -that is a much more pernicious position. In one way you take a risk to criticize, of criticizing something which is Other-something which you used to dominate. I say that you have to take a certain risk: to say "I won't criticize" is salving your conscience, and allowing you not to do any homework. On the other hand, if you criticize having earned the right to do so, then you are indeed taking a risk and you will probably be made welcome, and can hope to be judged with respect.
|
Spivak 1990 [Gayatri, Prof of English at Columbia, The Post-Colonial Critic, p.62-3]
|
let's say, a young, white male student will say: "I am only a bourgeois white male, I can't speak." I say to them: "Why not develop a certain degree of rage against the history that has written such an abject script for you that you are silenced?" Then you investigate what it is that silences you, rather than take this very deterministic position -- since my skin colour is this, since my sex is this, I cannot speak. you will of course not speak in the same way about the Third World material, but if you make it your task not only to learn what is going on there through study, but also at the same time through a historical critique of your position as the investigating person, then you will see that you have earned the right to criticize, and you be heard. you have to take a certain risk: to say "I won't criticize" is salving your conscience, and allowing you not to do any homework. if you criticize having earned the right to do so, then you are indeed taking a risk and you will probably be made welcome, and can hope to be judged with respect.
|
Speaking for others requires investigating one’s historical position of privilege – retreating from representing others only excuses us from accountability for that privilege.
| 1,992 | 175 | 1,057 | 359 | 23 | 200 | 0.064067 | 0.557103 |
Mexico Women in Juarez Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
4,110 |
There are certain societies that define the limits of life and death very differently than our own. For example, death may occur long before the body ceases to function, and under the proper circumstances, life may continue for some time after the body is carried to its grave. n71 These non-body-bound, uncompartmentalized ideas recognize the power of spirit, or what we in our secularized society might describe as the dynamism of self as reinterpreted by the perceptions of [*151] other. n72 These ideas comprehend the fact that a part of ourselves is beyond the control of pure physical will and resides in the sanctuary of those around us. A fundamental part of ourselves and of our dignity is dependent upon the uncontrollable, powerful, external observers who constitute society. n73 Surely a part of socialization ought to include a sense of caring responsibility for the images of others that are reposited within us. n74 Taking the example of the man who was stabbed thirty-nine times out of the context of our compartmentalized legal system, and considering it in the hypothetical framework of a legal system that encompasses and recognizes morality, religion, and psychology, I am moved to see this act as not merely body murder but spirit-murder as well. I see it as spirit-murder, only one of whose manifestations is racism -- cultural obliteration, prostitution, abandonment of the elderly and the homeless, and genocide are some of its other guises. I see spirit-murder as no less than the equivalent of body murder. One of the reasons that I fear what I call spirit-murder, or disregard for others whose lives qualitatively depend on our regard, is that its product is a system of formalized distortions of thought. It produces social structures centered around fear and hate; it provides a [*152] tumorous outlet for feelings elsewhere unexpressed . n75 For example, when Bernhard Goetz shot four black teenagers in a New York City subway, an acquaintance of mine said that she could understand his fear because it is a "fact" that blacks commit most crimes. What impressed me, beyond the factual inaccuracy of this statement, n76 was the reduction of Goetz' crime to "his fear," which I translate to mean her fear. The four teenage victims became all blacks everywhere, and "most crimes" clearly meant that most blacks commit crimes. In the process of devaluing its image of black people, the general white population seems to have been socialized to blind itself to the horrors inflicted by white people. One of the clearest examples of the mechanics of this socialized blindness is the degree to which the public and the media in New York repeatedly and relentlessly bestialized Goetz' victims. Images of the urban jungle, of young black men filling the role of "wild animals," were favorite journalistic constructions. Young white urban professionals were mythologized, usually wrapped in the rhetorical apparel of lambs or sheep, as the tender, toothsome prey. n77 The corollary to such imagery is that the fate of those domesticated white innocents is to be slaughtered in confrontation, the dimensions of which thus become meaninglessly and tragically sacrificial. n78 Locked into such a reification, no act of the sheep against the wolves can ever be seen as violent in its own right, because active sheep are so inherently uncharacteristic, so brave, so irresistibly and triumphantly parabolic. Thus, when prosecutor Gregory Waples cast Goetz as a "hunter" in his final summation, juror Michael Axelrod [*153] said that Waples "was insulting my intelligence. There was nothing to justify that sort of [characterization]. Goetz wasn't a hunter." n79 Furthermore, most white people do not seem to feel as criminal the dehumanizing cultural images of sterile, mindless white womanhood and expressionless, bored but righteous, assembly line white manhood. n80 For example, although it is difficult to document in any scientific way, I think many whites do not expect other whites to rape, rob, or kill them. n81 They are surprised when it happens. Perhaps they blind themselves to the warning signals of approaching assault. Some do not even recognize it when it does happen; they apologize for the assailant, think it must have been their fault; they misperceived the other's intent. n82 [SHE CONTINUES] If Americans are subject to such utter emotional devastation, it is no wonder that the urge to act as a victimizer is so irresistible; it [*155] appears to be the only right thing, the only defensible thing to do. It is no wonder that society has created in blacks a class of ready-made, prepackaged victims. To discount as much violence as we do in this society must mean that we have a very angry population suppressing explosive rage. Most white Americans, at least those in urban areas, have seen the angry, muttering "lunatic" black person who beats the air with his fists and curses aloud. Most people cross the street to avoid him; they don't choose him to satisfy their need to know the time of day. Yet for generations, and particularly in the wake of the foaming public response to incidents like Howard Beach, the Goetz shooting, n87 and Forsythe County, that is precisely how white America has looked to many black Americans. For these reasons, I think we need to elevate what I call spirit-murder to the conceptual, if not punitive level of a capital moral offense. n88 We need to see it as a cultural cancer; we need to open our eyes to the spiritual genocide it is wreaking on blacks, whites, and the abandoned and abused of all races and ages. We need to eradicate its numbing pathology before it wipes out what precious little humanity we have left.
|
Williams 1987 (PATRICIA WILLIAMS, Associate Professor of Law, The City University of New York Law School at Queens College, University of Miami Law Review, 42 U. Miami L. Rev. 127, September)
|
death may occur long before the body ceases to function These ideas recognize the power of spirit, or what we society might describe as the dynamism of self as reinterpreted by the perceptions of other. a part of ourselves is beyond the control of pure physical will A fundamental part of ourselves and of our dignity is dependent upon the uncontrollable, powerful, external observers who constitute society. Surely a part of socialization ought to include a sense of caring responsibility for the images of others that are reposited within us I am moved to see this act as not merely body murder but spirit-murder as well. I see it as spirit-murder, only one of whose manifestations is racism -- cultural obliteration, and genocide I see spirit-murder as no less than the equivalent of body murder spirit-murder, or disregard for others is that its product is a system of formalized distortions of thought. It produces social structures centered around fear and hate; it provides a tumorous outlet for feelings elsewhere unexpressed Locked into such a reification, no act of the sheep against the wolves can ever be seen as violent in its own right, because active sheep are so inherently uncharacteristic, so brave, so irresistibly and triumphantly parabolic. we need to elevate what I call spirit-murder to the conceptual, if not punitive level of a capital moral offense We need to see it as a cultural cancer; we need to open our eyes to the spiritual genocide it is wreaking on blacks, whites, and the abandoned and abused of all races and ages. We need to eradicate its numbing pathology before it wipes out what precious little humanity we have left.
|
The erasure of the other constitutes a form of spiritual genocide which represents the destruction of human dignity – it outweighs the aff.
| 5,699 | 139 | 1,658 | 943 | 23 | 280 | 0.02439 | 0.296925 |
Mexico Women in Juarez Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
4,111 |
But here, and for the time being, my concern is with a suspect coherence that sometimes attaches to narrative and, specifically, with the way in which narrative coherence may foreclose upon an ethical resource, namely, an acceptance of the limits of knowability in oneself and others. It may even be that to hold a person accountable for his or her life in narrative form is to require a falsification of that life in the name of a certain conception of ethics. Indeed, if we require that someone be able to tell in story form the reasons why his or her life has taken the path it has, that is, to be a coherent autobiographer, it may be that we prefer the seamlessness of the story to something we might tentatively call the truth of the person, a truth which, to a certain degree, and for reasons we have already suggested, is indicated more radically as an interruption. It may be that stories have to be interrupted, and that for interruption to take place, a story has to be underway. This brings me closer to the account of the transference I would like to offer, a transference that might be understood as a repeated ethical practice. Indeed, if, in the name of ethics, we require that another do a certain violence to herself, and do it in front of us, offering a narrative account or, indeed, a confession, then, conversely, it may be that by permitting, sustaining, accommodating the interruption, a certain practice of nonviolence precisely follows. If violence is the act by which a subject seeks to reinstall its mastery and unity, then nonviolence may well follow from living the persistent challenge to mastery that our obligations to others require. Although some would say that to be a split subject, or a subject whose access to itself is opaque and not self-grounding, is precisely not to have the grounds for agency and the conditions for accountability, it may be that this way in which we are, from the start, interrupted by alterity and not fully recoverable to ourselves, indicates the way in which we are, from the start, ethically implicated in the lives of others. The point here is not to celebrate a certain notion of incoherence, but only to consider that our incoherence is ineradicable but nontotalizing, and that it establishes the way in which we are implicated, beholden, derived, constituted by what is beyond us and before us. If we say that the self must be narrated, that only the narrated self can be intelligible, survivable, then we say that we cannot survive with an unconscious. We say, in effect, that the unconscious threatens us with an insupportable unintelligibility, and for that reason we must oppose it. The "I" who makes such an utterance will surely, in one form or another, be besieged precisely by what it disavows. This stand, and it is a stand, it must be a stand, an upright, wakeful, knowing stand, believes that it survives without the unconscious or, if it accepts an unconscious, accepts it as something which is thoroughly recuperable by the knowing "I," as a possession perhaps, believing that the unconscious can be fully and exhaustively translated into what is conscious. It is easy to see this as a defended stance, for it remains to be known in what this particular defense consists. It is, after all, the stand that many make against psychoanalysis itself. In the language which articulates the opposition to a non-narrativizable beginning resides the fear that the absence of narrative will spell a certain threat, a threat to life, and will pose the risk, if not the certainty, of a certain kind of death, the death of a subject who cannot, who can never, fully recuperate the conditions of its own emergence.
|
Judith Butler, Maxine Elliot Professor in the Departments of Rhetoric and Comparative Literature at the University of California, Berkeley, 2001, Diacritics 31.4, p. 34-35
|
narrative coherence may foreclose upon an ethical resource an acceptance of the limits of knowability in oneself and others to hold a person accountable for his or her life in narrative form is to require a falsification of that life in the name of a certain conception of ethics if we require that someone be able to tell in story form the reasons why his or her life has taken the path it has we prefer the seamlessness of the story to the truth which is indicated more radically as an interruption if, in the name of ethics, we require that another do a certain violence to herself, and do it in front of us, offering a narrative or a confession, then by permitting, sustaining, accommodating the interruption, a practice of nonviolence precisely follows this way in which we are, from the start, interrupted by alterity and not fully recoverable to ourselves, indicates the way in which we are ethically implicated in the lives of others. The point is not to celebrate a certain notion of incoherence, but only to consider that our incoherence is ineradicable but nontotalizing, and that it establishes the way in which we are implicated by what is beyond us and before us. If we say that the self must be narrated, that only the narrated self can be intelligible, survivable, then we say that the unconscious threatens us with an insupportable unintelligibility, and for that reason we must oppose it. The "I" who makes such an utterance will be besieged precisely by what it disavows
|
Personal experience isn’t bad for debate, but debate is bad for personal experience---it forces you to render the value of a person’s intimate and many times traumatic experiences---this is epistemically violence and turns the case
| 3,682 | 231 | 1,489 | 635 | 35 | 260 | 0.055118 | 0.409449 |
Mexico Women in Juarez Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
4,112 |
The activist implicitly holds that there could be no reasoned objection to his views concerning justice, and no good reason to endorse those institutions (s)he deems unjust. The activist presumes to know that no deliberative encounter could lead him (them) to reconsider his position or adopt a different method of social action; he ‘declines’ to ‘engage persons he disagrees with’ (107) in discourse because he has judged on a priori grounds that all opponents are either pathetically benighted or balefully corrupt. When one holds one’s view as the only responsible or just option, there is no need for reasoning with those who disagree, and hence no need to be reasonable.
|
Talisse 5 Robert, Prof of Phil @ Vanderbilt, “Deliberativist responses to activist challenges” Philosophy & Social Criticism, 31.4 *[this evidence has been gender modified]
|
The activist implicitly holds that there could be no reasoned objection , and no good reason to endorse those institutions (s)he deems unjust. The activist presumes no deliberative encounter could lead him (them) to reconsider because he has judged on a priori grounds that all opponents are either pathetically benighted or balefully corrupt.
|
Activism in debate is bad---causes ideological cloistering, shuts out debates over implementation, and prevents agonistic engagement
| 675 | 133 | 343 | 110 | 16 | 53 | 0.145455 | 0.481818 |
Mexico Women in Juarez Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
4,113 |
Group polarization is a well-documented phenomenon that has ‘been found all over the world and in many diverse tasks’; it means that ‘members of a deliberating group predictably move towards a more extreme point in the direction indicated by the members’ predeliberation tendencies’ (Sunstein, 2003: 81–2). Importantly, in groups that ‘engage in repeated discussions’ over time, the polarization is even more pronounced (2003: 86). Hence discussion in a small but devoted activist enclave that meets regularly to strategize and protest ‘should produce a situation in which individuals hold positions more extreme than those of anyindividual member before the series of deliberations began’ (ibid.).17
|
Talisse 5 Robert, Prof of Phil @ Vanderbilt, “Deliberativist responses to activist challenges” Philosophy & Social Criticism, 31.4 *gender modified
|
Group polarization is a well-documented phenomenon members of a deliberating group predictably move towards a more extreme point indicated by predeliberation tendencies’ discussion in a small but devoted activist enclave that meets regularly to strategize and protest ‘should produce a situation in which individuals hold positions more extreme than those of anyindividual member before
|
Activism turns debate into an echo chamber---that polarizes and radicalizes even the purest conclusions---our framework is key to tempering provisional conclusions
| 700 | 164 | 386 | 103 | 21 | 54 | 0.203883 | 0.524272 |
Mexico Women in Juarez Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
4,114 |
There is nothing wrong, on the face of it, with teaching individuals about how to behave decently in relation to others and about how to empathize with each other's pain. The problem is that difficult analyses of how history and social standing, privilege, and subordination are involved in personal behavior entirely drop out. Chandra Mohanty puts it this way: There has been an erosion of the politics of collectivity through the reformulation of race and difference in individualistic terms. The 1960s and '70s slogan "the personal is political" has been recrafted in the 1980s as "the political is personal." In other words, all politics is collapsed into the personal, and questions of individual behaviors, attitudes, and life-styles stand in for political analysis of the social. Individual political struggles are seen as the only relevant and legit- imate form of political struggle.5 Paradoxically, individuals then generalize their perceptions and claim to speak for a whole group, but the groups are also conceived as unitary and autonomous. This individualizing, personalizing conception has also been be- hind some of the recent identity politics of minorities; indeed it gave rise to the intolerant, doctrinaire behavior that was dubbed, initially by its internal critics, "political correctness." It is particularly in the notion of "experience" that one sees this operating. In much current usage of "experience," references to structure and history are implied but not made explicit; instead, personal testimony of oppression re-places analysis, and this testimony comes to stand for the experience of the whole group. The fact of belonging to an identity group is taken as authority enough for one's speech; the direct experience of a group or culture-that is, membership in it-becomes the only test of true knowledge. The exclusionary implications of this are twofold: all those not of the group are denied even intellectual access to it, and those within the group whose experiences or interpretations do not conform to the established terms of iden- tity must either suppress their views or drop out. An appeal to "experience" of this kind forecloses discussion and criticism and turns politics into a policing operation: the borders of identity are patrolled for signs of nonconformity; the test of membership in a group becomes less one's willingness to endorse certain principles and engage in specific political actions, less one's positioning in specific relationships of power, than one's ability to use the prescribed languages that are taken as signs that one is inherently "of" the group. That all of this isn't recognized as a highly political process that produces identities is troubling indeed, especially because it so closely mimics the politics of the powerful, naturalizing and deeming as discernably objective facts the prerequisites for inclusion in any group.
|
Joan W. Scott 92 Professor of Social Science at the Institute for Advanced Study, Summer 92, October, Vol. 61, “The Identity in Question,” p. 12-19, JStor
|
The problem is that difficult analyses of how history and social standing, privilege, and subordination are involved in personal behavior There has been an erosion of the politics of collectivity through the reformulation of race and difference in individualistic terms. all politics is collapsed into the personal, and questions of individual behaviors, attitudes, and life-styles stand in for political analysis of the social. Individual political struggles are seen as the only relevant and legit- imate form of political struggle. Paradoxically, individuals then generalize their perceptions and claim to speak for a whole group, but the groups are also conceived as unitary and autonomous. In much current usage of "experience," references to structure and history are implied but not made explicit; instead, personal testimony of oppression re-places analysis, and this testimony comes to stand for the experience of the whole group. The fact of belonging to an identity group is taken as authority enough for one's speech; the direct experience becomes the only test of true knowledge. The exclusionary implications of this are twofold: all those not of the group are denied even intellectual access to it, and those within the group whose experiences or interpretations do not conform to the established terms of iden- tity must either suppress their views or drop out. An appeal to "experience" of this kind forecloses discussion and criticism and turns politics into a policing operation: the borders of identity are patrolled for signs of nonconformity
|
Appeals to personal experience replace analysis of group oppression with personal testimony. As a result, politics becomes a policing operation – those not in an identity group are denied intellectual access and those within the group who don’t conform to the aff’s terms are excluded.
| 2,901 | 285 | 1,563 | 451 | 45 | 241 | 0.099778 | 0.534368 |
Mexico Women in Juarez Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
4,115 |
Because the federal laws and regulations codifying the Cuban embargo conflict directly with U.S. treaty obligations and its duties under customary international law, they are unconstitutional. n7 Until Congress [*420] promulgates new laws that explicitly assert this country's intentions to contravene international law, the courts should strike down any provision of the embargo on Cuba, which affects Cuba's right to develop, as unconstitutional. n8 Alternatively, Congress should more seriously approach its duty to uphold the Constitution, rather than simply relying on the judiciary, by admitting the unconstitutionality of its own enactments and duly repealing the various laws comprising the Cuban embargo. n9 President Barack Obama had an opportunity to demonstrate a renewed commitment to complying with the "law of nations" in September 2009, but he instead chose to stay the course of his predecessors, dating back to Jimmy Carter, and extended the executive's power to implement the embargo. n10 For now, with no meaningful action being [*421] taken by the executive and little likelihood of intervention in this contentious political issue by the judiciary, it is up to Congress to "be cognizant of this country's global leadership position and the need for it to set an example with respect to human rights obligations." n11
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
Because the federal laws and regulations codifying the Cuban embargo conflict directly with U.S. treaty obligations and its duties under customary international law, they are unconstitutional Until Congress promulgates new laws that explicitly assert this country's intentions to contravene international law, the courts should strike down any provision of the embargo on Cuba, which affects Cuba's right to develop, as unconstitutional
|
Plan: The federal judiciary should strike down the Cuban embargo on the grounds that it violates customary international law because it undermines Cuba’s right to development.
| 1,338 | 175 | 436 | 204 | 26 | 61 | 0.127451 | 0.29902 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,116 |
The judiciary possesses the constitutional authority to overturn the Cuban embargo as unconstitutional by virtue of its departure from the law of nations. n126 The embargo presents a very clear question of statutory and constitutional interpretation, specifically, whether the trade blockade imposed on Cuba and codified in U.S. law directly conflicts with the right to development as it is described in international instruments to which the United States is a party, or as it is framed as a norm of customary international law to which the United States is bound. n127
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
The judiciary possesses the constitutional authority to overturn the Cuban embargo as unconstitutional by virtue of its departure from the law of nations The embargo presents a very clear question of statutory and constitutional interpretation, specifically, whether the trade blockade imposed on Cuba and codified in U.S. law directly conflicts with the right to development as it is described in international instruments to which the United States is a party, or as it is framed as a norm of customary international law to which the United States is bound.
|
(--) The Supreme Court has the constitutional authority to strike down the Cuban embargo:
| 570 | 89 | 559 | 91 | 14 | 89 | 0.153846 | 0.978022 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,117 |
In recent years, constitutional and supreme courts all over the world have begun engaging in a growing constitutional dialogue n88 involving mutual citation and academic interchange n89 in public forums like the Venice Commission. n90 Two factors contribute to the deepening of this dialogue. First, countries that are newcomers to the rule of law often draw upon the experience of more seasoned democracies. In the past several decades, waves of democratization have spread across the world, including Europe in the 1970s (Greece, Portugal, and Spain), Latin America in the 1980s (Brazil, Chile, and Argentina), and Eastern and Central Europe in the 1990s. n91 The U.S. Supreme Court, the German Constitutional Court, and other similar national courts serve as significant role models for these new democracies. n92 Even though the flow of ideas is primarily one directional, it is, as with any other exchange, a two-way street.
|
LUÍS ROBERTO BARROSO, 2012 (Professor of Constitutional Law, Rio de Janeiro State University, Spring, 2012, Boston College International and Comparative Law Review, 35 B.C. Int'l & Comp. L. Rev. 331, L/N, “HERE, THERE, AND EVERYWHERE: HUMAN DIGNITY IN CONTEMPORARY LAW AND IN THE TRANSNATIONAL DISCOURSE,” rwg)
|
In recent years, constitutional and supreme courts all over the world have begun engaging in a growing constitutional dialogue involving mutual citation In the past several decades, waves of democratization have spread across the world The U.S. Supreme Court and other similar national courts serve as significant role models for these new democracies the flow of ideas is primarily one directional
|
(--) Other democracies will model the Supreme Court decision:
| 929 | 61 | 398 | 146 | 9 | 61 | 0.061644 | 0.417808 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,118 |
Abstract: This Comment examines the legality of the comprehensive unilateral embargo imposed by the United States on Cuba within the frame-work of international law. It argues that, independent of its humanitarian impact or the dubious legality of its extra-jurisdictional components, the comprehensive embargo violates international law because it undermines Cuba's right to development. International law is, and has always been, a component part of U.S. law-it is enforceable in U.S. courts, it informs judicial interpretation of U.S. statutes, and it guides legislative and executive action in matters of both foreign and domestic policy. In addition to its supplementary interpretive function in our legal system, international law is, through the Supremacy Clause, binding on the United States as a constitutional matter. Because of the role international law plays in the United States, a direct conflict between federal and international law is constitutional anathema. This Comment argues that the tension must be resolved by reference to the substance and timing of the federal enactments that violate international law. Thus, of the coordinate branches, the legislative branch is in the best position to correct the constitutional imbalance. The Comment concludes that Congress must either pass new legislation explicitly renouncing the right to development as an international legal norm, or, in light of the role of international law in our constitutional system, execute faithfully its duty to interpret and uphold the Constitution by repealing the legislation that has created the decades-old embargo.
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
This Comment examines the legality of the comprehensive unilateral embargo imposed by the United States on Cuba within the frame-work of international law. It argues that the comprehensive embargo violates international law because it undermines Cuba's right to development. International law is enforceable in U.S. courts international law is binding on the United States as a constitutional matter.
|
Advantage 1 is International Law
| 1,616 | 32 | 400 | 238 | 5 | 58 | 0.021008 | 0.243697 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,119 |
Such an understanding of the contours of the right to development is more expansive, and perhaps more nuanced, than that to which the United States adheres. n80 Nevertheless, if it is U.S. domestic law that is in conflict with the international legal right to development, it is necessary to view the embargo in light of the United States's limited conception. n81 [*438] The fact that the United States has recognized the importance of banking, communications and technology, human capital, and infrastructure to the meaningful growth and development of a state--areas of the Cuban nation that are thoroughly eroded by the embargo--demonstrates the illegality of the blockade even under the most restrictive understandings of development. n82
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
Nevertheless, if it is U.S. domestic law that is in conflict with the international legal right to development, it is necessary to view the embargo in light of the U S limited conception The fact that the U S has recognized the importance of banking, communications and technology, human capital, and infrastructure to the meaningful growth and development of a state--areas of the Cuban nation that are thoroughly eroded by the embargo--demonstrates the illegality of the blockade even under the most restrictive understandings of development.
|
(--) Even the most restrictive interpretation of international law would deem the Cuban embargo illegal:
| 743 | 105 | 544 | 115 | 15 | 85 | 0.130435 | 0.73913 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,120 |
3. Countervailing Arguments. The preceding sections have shown that historical and theoretical objections to a modern application of customary international law are not dispositive. Since the judiciary is not precluded from applying customary international law by the Constitution, history, or political theory, the only remaining question to be answered is whether the judiciary should begin applying it. The answer is clearly yes, for a number of reasons. First, there is the fact that much of international law since the Second World War has been created and fostered under the auspices, and to the benefit, of the United States. Judicial applications of international law have the possibility of continuing to solidify and evolve that process. Second, the decisions of domestic tribunals, as evidence of state practice, can have a significant impact on the further development of international law. n301 Increased participation of the domestic judiciary in international law cases will aid in the development of international law in accordance with the interests of the United States. [*620] Third, United States attempts to foster the rule of law in other nations have been seriously hampered by this country's refusal to be bound by the very proscriptions it espouses. This country's return to international legitimacy, even if through judicial imposition, would go far to strengthening the rule of law in international relations -- a development that can only support American interests. Finally, the disproportionate effect that this country's actions have upon the development of international law is another factor compelling the judiciary to enforce legitimacy. The incorporation of this law into United States constitutional discourse could have important ramifications. Such an incorporation could simultaneously strengthen the body of customary international law and make it easier for other nations to identify and enforce this law. Once these laws are made explicit it will become more difficult for violations to occur. n302
|
Douglas Sylvester, 1994 professor of law at the Sandra Day O'Connor College of Law at Arizona State University, Spring, 1994, 42 Buffalo L. Rev. 555, Lexis
|
ince the judiciary is not precluded from applying international law the only remaining question to be answered is whether the judiciary should begin applying it. The answer is clearly yes, First much of international law has been created and fostered under the auspices of the United States. Second the decisions of domestic tribunals can have a significant impact on the further development of international law n301 Increased participation of the domestic judiciary in international law cases will aid in the development of international law in accordance with the interests of the United States Third United States attempts to foster the rule of law in other nations have been seriously hampered by this country's refusal to be bound by the very proscriptions it espouses. This country's return to international legitimacy, even if through judicial imposition, would go far to strengthening the rule of law in international relations Such an incorporation could simultaneously strengthen the body of customary international law and make it easier for other nations to identify and enforce this law. Once these laws are made explicit it will become more difficult for violations to occur. n302
|
(--) Judicial incorporation of customary international law will be perceived and modeled—this leads to the bolstering of international law:
| 2,043 | 140 | 1,195 | 307 | 19 | 187 | 0.061889 | 0.609121 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,121 |
As a matter of domestic law, it is clear the United States may disavow or ignore its obligations under international law. n119 This principle does not extend to the international arena--failure to give domestic effect to international legal commitments does not absolve the United States of those obligations on the international level. n120 With respect to both treaty obligations and international legal norms that have risen to the level of customary international law, then, the United States is bound to follow international law or risk defaulting on its obligations as a member of the international community. n121 In the absence of meaningful enforcement mechanisms, this does not seem particularly problematic. n122 [*446] So much more is at stake, though--if the United States wishes to use international legal mechanisms to pursue its interests, it must demonstrate to the world that it takes international law seriously within the constitutional framework. n123 Especially in the context of the Cuban embargo, where U.S. federal law is in direct conflict with international law, the United States must accord adequate respect for the latter and take steps to resolve the tension. n124 In order to accomplish this, each branch of government--executive, legislative, and judicial--has a role to play. n125
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
With respect to both treaty obligations and international legal norms that have risen to the level of customary international law, then, the United States is bound to follow international law or risk defaulting on its obligations as a member of the international community So much more is at stake, though--if the United States wishes to use international legal mechanisms to pursue its interests, it must demonstrate to the world that it takes international law seriously within the constitutional framework Especially in the context of the Cuban embargo, where U.S. federal law is in direct conflict with international law, the United States must accord adequate respect for the latter and take steps to resolve the tension
|
(--) The Cuban embargo is key: resolving the tension of international law with the embargo is crucial to demonstrate to the world the US commitment to take international law seriously:
| 1,314 | 185 | 725 | 203 | 30 | 115 | 0.147783 | 0.566502 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,122 |
We need to get prepared for four degrees of global warming, Bob Watson told the Guardian last week. At first sight this looks like wise counsel from the climate science adviser to Defra. But the idea that we could adapt to a 4C rise is absurd and dangerous. Global warming on this scale would be a catastrophe that would mean, in the immortal words that Chief Seattle probably never spoke, "the end of living and the beginning of survival" for humankind. Or perhaps the beginning of our extinction. The collapse of the polar ice caps would become inevitable, bringing long-term sea level rises of 70-80 metres. All the world's coastal plains would be lost, complete with ports, cities, transport and industrial infrastructure, and much of the world's most productive farmland. The world's geography would be transformed much as it was at the end of the last ice age, when sea levels rose by about 120 metres to create the Channel, the North Sea and Cardigan Bay out of dry land. Weather would become extreme and unpredictable, with more frequent and severe droughts, floods and hurricanes. The Earth's carrying capacity would be hugely reduced. Billions would undoubtedly die. Watson's call was supported by the government's former chief scientific adviser, Sir David King, who warned that "if we get to a four-degree rise it is quite possible that we would begin to see a runaway increase". This is a remarkable understatement. The climate system is already experiencing significant feedbacks, notably the summer melting of the Arctic sea ice. The more the ice melts, the more sunshine is absorbed by the sea, and the more the Arctic warms. And as the Arctic warms, the release of billions of tonnes of methane – a greenhouse gas 70 times stronger than carbon dioxide over 20 years – captured under melting permafrost is already under way. To see how far this process could go, look 55.5m years to the Palaeocene-Eocene Thermal Maximum, when a global temperature increase of 6C coincided with the release of about 5,000 gigatonnes of carbon into the atmosphere, both as CO2 and as methane from bogs and seabed sediments. Lush subtropical forests grew in polar regions, and sea levels rose to 100m higher than today. It appears that an initial warming pulse triggered other warming processes. Many scientists warn that this historical event may be analogous to the present: the warming caused by human emissions could propel us towards a similar hothouse Earth.
|
Tickell, 2008 (8-11-2008, Oliver, Climate Researcher, The Gaurdian, “On a planet 4C hotter, all we can prepare for is extinction”, http://www.guardian.co.uk/commentisfree/2008/aug/11/climatechange)
|
the idea that we could adapt to a 4C rise is absurd and dangerous. Global warming on this scale would mean, human extinction The collapse of the polar ice caps would become inevitable All the world's coastal plains would be lost, and much of the world's most productive farmland The Earth's carrying capacity would be hugely reduced. Billions would undoubtedly die The climate system is already experiencing significant feedbacks
|
(--) Warming causes human extinction
| 2,463 | 36 | 431 | 411 | 5 | 69 | 0.012165 | 0.167883 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,123 |
PETALING JAYA: The world is losing the battle for clean air. In spite of several decades of efforts to combat it, air pollution is taking an increasing toll on human health, the environment and the economy.¶ A recent study by the Washington-based Worldwatch Institute says more than a billion people – or one-fifth of all humanity – live in regions that do not meet World Health Organisation’s air quality standards.¶ According to the institute, air pollution in the US causes as many as 50,000 deaths per year and costs as much as US$40 billion (RM123.62 billion) annually in healthcare and lost productivity.¶ Around the world, Milan, Shenyang, Tehran, Seoul and Rio de Janeiro reported the worst levels of sulphur dioxide – a pollutant directly harmful to humans. Paris and Madrid also made the top 10 in the list.¶ Though concern for human health led to the world’s first control laws, air pollution poses an equally grave threat to the environment. Many water systems around the world are turning toxically rabid because of acid rain, 35% of Europe’s forests are showing signs of air pollution damage and crop losses in the US caused by harmful emissions are estimated to be 5%-10% of total production – more than US$5 billion a year.
|
Joseph Masilamany, 2/15/2013 (staff writer, “Air-pocalypse in the making,” http://www.freemalaysiatoday.com/category/business/2013/02/15/air-pocalypse-in-the-making/, Accessed 2/18/2013, rwg)
|
The world is losing the battle for clean air. In spite of several decades of efforts to combat it, air pollution is taking an increasing toll on human health, the environment and the economy Though concern for human health led to the world’s first control laws, air pollution poses an equally grave threat to the environment. Many water systems around the world are turning toxically rabid because of acid rain, 35% of Europe’s forests are showing signs of air pollution damage
|
(--) Air pollution is rampant worldwide—we’re specifically losing the battle against acid rain:
| 1,239 | 95 | 477 | 210 | 13 | 81 | 0.061905 | 0.385714 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,124 |
The Montreal Protocol affirmed the role of traditional international law in bringing about solutions to transboundary pollution problems. n104 Analogously, the North American acid rain problem can be resolved through application of international environmental law. The Montreal protocol provides a model of the type of agreement the United States and Canada must reach to abate the acid rain problem confronting the two nations. While this task is difficult it is not insuperable. The United States and Canada have entered agreements to resolve pollution problems in the past. Most notable are the 1972 and 1978 Great Lakes Water Quality Agreements. n105 On the other hand, many of the issues presented by the acid rain debate [*13] have sparked strong emotional reaction, in the United States and Canada, which has delayed and complicated resolution of transboundary air pollution between the two countries.
|
Mark L. Glode & Beverly Nelson Glode, 1993 (Master's in Civil Engineering, University of Wisconsin-Milwaukee & J.D., University of Bridgeport School of Law, Boston College Environmental Affairs Law Review, “TRANSBOUNDARY POLLUTION: ACID RAIN AND UNITED STATES-CANADIAN RELATIONS,” Fall 1993, 20 B.C. Envtl. Aff. L. Rev. 1, Lexis, accessed 7/23/2013, rwg)
|
The Montreal Protocol affirmed the role of traditional international law in bringing about solutions to transboundary pollution problems the North American acid rain problem can be resolved through application of international environmental law. The Montreal protocol provides a model of the type of agreement the United States and Canada must reach to abate the acid rain problem confronting the two nations
|
(--) Effective international law solves acid rain:
| 908 | 50 | 408 | 140 | 7 | 61 | 0.05 | 0.435714 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,125 |
The question is how long this will take, and how much damage will be done in the interim. Technology and conventional economic and political decisions may cover over problems temporarily or shift their burdens to other people or ecosystems but will not resolve them. With acid rain and its analogs, there is no national or personal security. Balance will be restored, and whether the restoration is dictated by nature or whether it is guided by humankind and thus provides for human survival is still a matter of human choice. But we cannot stop acid rain or other forms of air pollution while continuing to make the lifestyle and consumption and investment decisions that we make daily. If we do not achieve greater harmony with the natural environment, the future of national security, the nation-state, and the ecosystem as a home for Homo sapiens hangs in the balance.
|
John E. Carroll, 1989 (Environmental Conservation Program at the University of New Hampshire, October 1989, “The Acid Challenge to Security,” Bulletin of the Atomic Scientists, accessed via google books, February 18, 2013, rwg)
|
With acid rain there is no national or personal security. Balance will be restored, and whether the restoration is dictated by nature or whether it is guided by humankind and thus provides for human survival is still a matter of human choice. we cannot stop acid rain or other forms of air pollution while continuing to make the lifestyle and consumption and investment decisions that we make daily. If we do not achieve greater harmony with the natural environment, the future of ecosystem as a home for Homo sapiens hangs in the balance.
|
(--) Acid rain threatens extinction:
| 872 | 36 | 539 | 147 | 5 | 93 | 0.034014 | 0.632653 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,126 |
Jan. 31, 2013 — Depletion of Antarctic ozone is a more important factor than increasing greenhouse gases in shifting the Southern Hemisphere jet stream in a southward direction, according to researchers at Penn State.¶ "Previous research suggests that this southward shift in the jet stream has contributed to changes in ocean circulation patterns and precipitation patterns in the Southern Hemisphere, both of which can have important impacts on people's livelihoods," said Sukyoung Lee, professor of meteorology.¶ According to Lee, based on modeling studies, both ozone depletion and greenhouse gas increase are thought to have contributed to the southward shift of the Southern Hemisphere jet stream, with the former having a greater impact. B, but until now, no one has been able to determine the extent to which each of these two forcings has contributed to the shift using observational data.
|
Science Daily, 1/31/2013 (“Ozone Depletion Trumps Greenhouse Gas Increase in Jet-Stream Shift,” http://www.sciencedaily.com/releases/2013/01/130131144339.htm, Accessed 2/18/2013, rwg)
|
Depletion of Antarctic ozone is a more important factor than increasing greenhouse gases in shifting the Southern Hemisphere jet stream in a southward direction, according to researchers at Penn State Previous research suggests that this southward shift in the jet stream has contributed to changes in ocean circulation patterns and precipitation patterns in the Southern Hemisphere, based on modeling studies, both ozone depletion and greenhouse gas increase are thought to have contributed to the southward shift of the Southern Hemisphere jet stream, with the former having a greater impact.
|
(--) The ozone layer is depleting fast—the shifting of the Southern Hemisphere jet stream proves this is true:
| 898 | 110 | 594 | 140 | 18 | 89 | 0.128571 | 0.635714 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,127 |
IV. THE ROLE OF INTERNATIONAL LAW¶ Given that both ozone depletion and global warming are global problems, in that every member in the international community is responsible for these two phenomena, it is only through international law that a response to these problems can be found. Although the contribution to these two problems varies from state to state, every member in the international community is a perpetrator as well as a potential victim, to different degrees. Thus, international law plays an important role and the international instruments adopted in this regard display varying degrees of success.
|
Sumudu Atapattu, 2004 (Visiting Scholar, Institute for Legal Studies, University of Wisconsin-Madison Law School, American Journal of Law & Medicine, 30 Am. J. L. and Med. 283, “The Public Health Impact of Global Environmental Problems and the Role of International Law,” Lexis, Accessed 7/23/2013, rwg)
|
Given that both ozone depletion and global warming are global problems, in that every member in the international community is responsible for these two phenomena, it is only through international law that a response to these problems can be found Thus, international law plays an important role and the international instruments adopted in this regard display varying degrees of success.
|
(--) International law key to solve ozone depletion:
| 614 | 52 | 388 | 96 | 8 | 60 | 0.083333 | 0.625 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,128 |
National political agendas should focus on environmental harm rather than on particular pollutants. For instance, the fact that the Vienna convention did not mention CFCs by name was considered a failure by some activists; in fact, the opposite is true. Agendas that focus on harm rather than on pollutants encourage increasing knowledge, rather than limiting it, and make possible a broadening regulatory scope, which, as the case of the diminishing ozone layer indicates, can be a matter of human survival. Although the acid rain regime was prompted by concern over acidified lakes and damaged forests, it followed an agenda that encouraged consideration of any environmental harm from a pollutant that crossed national borders. The furor over acid rain has fostered considerable knowledge about a variety of pollutants, some of which have no role in acidification of lakes and forests. By contrast, the International Convention on the Prevention of Pollution from Ships (MARPOL) set very limited agendas, and most progress in building knowledge about marine pollution has occurred in spite of, rather than because of, the institution.
|
Marc A. Levy, 1992 (doctoral candidate @ Harvard, “Institutions for the Earth,” http://www.ciesin.org/docs/003-001/003-001.html, Accessed 2/18/2013, rwg)
|
Agendas that focus on harm rather than on pollutants encourage increasing knowledge, rather than limiting it, and make possible a broadening regulatory scope, which, as the case of the diminishing ozone layer indicates, can be a matter of human survival.
|
(--) Ozone depletion threatens human survival:
| 1,137 | 46 | 254 | 176 | 6 | 40 | 0.034091 | 0.227273 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,129 |
Vast freshwater reserves nearly equivalent in size to the Dead Sea have been lost in the Middle East in the last decade, according to a new Nasa study.¶ Scientists warn there could be severe water shortages in decades to come if water resources are not managed better in the region.¶ They say the precious water stocks have gone because of poor water management, increased demands for groundwater, and a major drought in 2007.
|
Daily Mail, 2/13/2013 (“Warnings of severe water shortages in the Middle East after satellites show freshwater reserves the size of the Dead Sea have dried up,” http://www.dailymail.co.uk/sciencetech/article-2278040/Nasa-warn-freshwater-shortages-Middle-East-study-shows-diminished-reserves.html, Accessed 2/18/2013, rwg)
|
Vast freshwater reserves nearly equivalent in size to the Dead Sea have been lost in the Middle East in the last decade, according to a new Nasa study.¶ Scientists warn there could be severe water shortages in decades to come if water resources are not managed better They say the precious water stocks have gone because of poor water management, increased demands for groundwater, and a major drought in 2007.
|
(--) New satellite date confirms the Earth is facing severe water shortages:
| 426 | 76 | 410 | 73 | 12 | 70 | 0.164384 | 0.958904 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,130 |
Although the "difficulties" of severe water shortages may be alleviated by new technologies, better water management, and conservation, the water scarcity-conflict link must still be addressed urgently. Until regional organizations are developed and international law is respected and adopted, water scarcity will continue to be a cause of tension and conflict in the Middle East. Similarly, water scarcity will continue to be a threat to regional and international stability as long as countries define their security in misleading, dangerously narrow terms; refuse to share hydrological information and surpluses of water; and fail to establish regional treaties or agreements concerning the use of international water resources. Still, the solutions discussed herein are meant to show that conflict over water scarcity is not inevitable and that the water scarcity-conflict link can be broken.
|
Christopher L. Kukk & David A. Deese, 1996 (Ph.D. candidate in political science at Boston College & Director of International Studies at Boston College, UCLA Journal of International Law and Foreign Affairs, “AT THE WATER'S EDGE: REGIONAL CONFLICT AND COOPERATION OVER FRESH WATER,” 1 UCLA J. Int'l L. & For. Aff. 21, Lexis, accessed 7/23/2013, rwg)
|
Although the "difficulties" of severe water shortages may be alleviated by new technologies the water scarcity-conflict link must still be addressed urgently. Until regional organizations are developed and international law is respected and adopted, water scarcity will continue to be a cause of tension and conflict in the Middle East. Similarly, water scarcity will continue to be a threat to regional and international stability as long as conflict over water scarcity is not inevitable and that the water scarcity-conflict link can be broken.
|
(--) International law is key to solve water shortages
| 896 | 54 | 546 | 131 | 9 | 83 | 0.068702 | 0.633588 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,131 |
International cooperation has become critical in controlling infectious diseases. In this article, I examine emerging trends in international law concerning global infectious disease control. The role of international law in horizontal and vertical governance responses to infectious disease control is conceptualized; the historical development of international law regarding infectious diseases is described; and important shifts in how states, international institutions, and nonstate organizations use international law in the context of infectious disease control today are analyzed. The growing importance of international trade law and the development of global governance mechanisms, most prominently in connection with increasing access to drugs and other medicines in unindustrialized countries, are emphasized. Traditional international legal approaches to infectious disease control—embodied in the International Health Regulations—may be moribund.
|
David P. Fidler, 2003 (“Emerging Trends in International Law Concerning Global Infectious Disease Control,” http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2958540/, accessed 7/23/2013, rwg)
|
International cooperation has become critical in controlling infectious diseases The role of international law in horizontal and vertical governance responses to infectious disease control is conceptualized; The growing importance of international trade law and the development of global governance mechanisms, most prominently in connection with increasing access to drugs and other medicines in unindustrialized countries, are emphasized.
|
(--) International law is key to solving disease:
| 960 | 49 | 440 | 122 | 8 | 57 | 0.065574 | 0.467213 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,132 |
Bullets and bombs may be the weapons of the present, but plagues, viruses and killer microbes are the arsenal of the future. Together with the sarin gas which it released on the Tokyo underground in April, the Japanese Ohm cult had stockpiled a lethal bacterium which it chose not to unleash. Crippling continents by using killer infectious diseases is no far- fetched idea of sci-fi novels. But the scientists' inability to distinguish between naturally emerging and synthetic disease outbreaks means whole areas could be laid waste before anyone realised what was happening, warns Laurie Garrett, author of a ground-breaking book on the burgeoning of infectious disease. All this on top of the fact that new diseases are emerging naturally at an alarming rate - representing a real threat to the survival of the human species - says The Coming Plague. Meticulously researched over the past decade, Garrett's book charts the history of our age-old battle against the microbes, and concludes that we are beginning to cede the advantage to the disease-carriers. The optimism born out of defeating smallpox in the Sixties was dangerously premature. Everything from overuse of antibiotics to increased promiscuity have helped smooth the path for the microbes ever since. "The survival of the human species is not a pre- ordained evolutionary programme," warns Nobel Laureate Joshua Lederberg in The Coming Plague.
|
The Scotsman, 9/11/1995 (“The mega death,” Lexis)
|
plagues, viruses and killer microbes are the arsenal of the future Crippling continents by using killer infectious diseases is no far- fetched idea new diseases are emerging naturally at an alarming rate - representing a real threat to the survival of the human species Meticulously researched over the past decade, Garrett's book concludes that we are beginning to cede the advantage to the disease-carriers The survival of the human species is not a pre- ordained evolutionary programme
|
(--) Diseases risk extinction:
| 1,410 | 31 | 488 | 224 | 4 | 77 | 0.017857 | 0.34375 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,133 |
Finally, Professors Bradley and Goldsmith complain that customary international law, highly valued by our Founders n87 and the most democratic form of international law, n88 is somehow anti-democratic. n89 With respect to democratic values, it is worth emphasizing that no single institutional arrangement necessarily represents authority or guarantees a democratic functioning or outcome. n90 At any given time, legislative bodies may merely represent special interests. The same pertains with respect to administrative bodies. n91 Moreover, the Founders had worried about the dangers of oppression and denial of rights by a government that is a mere instrument of the majority. Judicial power is an integral [*321] part of the constitutional design for the separation of powers n92 and reflects, in part, "the profound conviction of the Framers that the powers conferred on Congress were the powers to be most carefully circumscribed." n93 Additionally, our democratic process has provided constitutional and statutory bases for judicial incorporation of customary international law. n94¶ As noted, human rights, the preferred consequences of democracy, are especially relevant to such a constitutional design and were of significant concern to the Founders. It would be preposterous to claim that judicial enforcement of customary human rights "is inconsistent with fundamental constitutional values." n95 More generally in human history, democracies have fostered, and dictatorships have feared, customary international law, n96 especially the guaranteeing of human rights for each human being. One can conceive of a democracy in complete isolation, although with an increasing global interdependence such a conception is ethereal. Nonetheless, to paraphrase the European Court of Human Rights, one can scarcely conceive of a democracy without fundamental human rights, n97 especially the right of access to courts.
|
Jordan J. Paust, 1999 (Law Foundation Professor, University of Houston Law Center, Michigan Journal of International Law, Winter 1999, 20 Mich. J. Int'l L. 301, Lexis, Accessed 7/22/2013, rwg)
|
our democratic process has provided constitutional and statutory bases for judicial incorporation of customary international law It would be preposterous to claim that judicial enforcement of customary human rights "is inconsistent with fundamental constitutional values More generally in human history, democracies have fostered, and dictatorships have feared, customary international law especially the guaranteeing of human rights for each human being. One can conceive of a democracy in complete isolation, although with an increasing global interdependence such a conception is ethereal one can scarcely conceive of a democracy without fundamental human rights, n97 especially the right of access to courts.
|
(--) Judicial incorporation of customary international law is key to democracy
| 1,919 | 78 | 712 | 278 | 11 | 99 | 0.039568 | 0.356115 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,134 |
n32 See Mohammed Bedjaoui, The Right to Development, in INTERNATIONAL LAW: ACHIEVEMENTS AND PROSPECTS 1176, 1193 (Mohammed Bedjaoui ed., 1991) (affirming that the right to development "should be regarded as belonging to jus cogens"). A jus cogens norm is a norm of international law considered so essential that no derogation from it is permitted. Id. at 1185. Although there is no precise, authoritative enumeration of these norms, the generally accepted list includes the prohibitions on genocide, slavery, torture, forced disappearance, and prolonged arbitrary detention. See RESTATEMENT (THIRD) OF FOREIGN RELATIONS LAW OF THE U.S. § 702 (1987); see also Bedjaoui, supra, at 1183 (arguing that "[i]f the right to development does not ... belong to jus cogens, it would have to be concluded ... that genocide ... is permitted by international law"). It is beyond the scope of this Comment to argue that the right to development has indeed passed into the realm of jus cogens; the fact that this conception of the right has been persuasively argued is only offered as additional support for the proposition that the right to development is, at the very least, a norm of customary international law. See Bedjaoui, supra, at 1183, 1193.
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
the right to development "should be regarded as belonging to jus cogens"). A jus cogens norm is a norm of international law considered so essential that no derogation from it is permitted i]f the right to development does not ... belong to jus cogens, it would have to be concluded ... that genocide ... is permitted by international law") the right to development is, at the very least, a norm of customary international law
|
Advantage 2 is the Right To Development
| 1,236 | 39 | 425 | 199 | 7 | 74 | 0.035176 | 0.371859 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,135 |
Article 18 clearly limits any OAS member's ability to extend its sovereign rule extraterritorially in order to influence and control the internal affairs of another nation-state. With the cessation of the Cold War, the embargo uses both economic and political measures in an attempt to coerce and control the Cuban government's exercise of its sovereign rights, as well as the rights of third party states. n176 Therefore, as a member of the OAS, the continued imposition of the embargo puts the United States in violation of its international obligations.
|
Shari-Ellen Bourque, 1995 (Boston University International Law Journal, Spring 1995, 13 B.U. Int'l L.J. 191, Lexis, Accessed 7/21/2013, rwg)
|
Article 18 clearly limits any OAS member's ability to extend its sovereign rule extraterritorially in order to influence and control the internal affairs of another nation-state the embargo uses both economic and political measures in an attempt to coerce and control the Cuban government's exercise of its sovereign rights, as well as the rights of third party states Therefore, as a member of the OAS, the continued imposition of the embargo puts the United States in violation of its international obligations.
|
Advantage 3 is the OAS:
| 556 | 24 | 513 | 89 | 5 | 81 | 0.05618 | 0.910112 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,136 |
Crises, conflicts and disputes throughout the region continue to escape the reach of international mediation today. Colombia's 48-year-old conflict with the FARC and ELN guerrilla insurgencies rages on. Nicaragua's 2008 municipal and 2010 presidential elections were met with widespread allegations of fraud. Venezuela and Ecuador have taken steps to limit press freedom and the activity of nongovernmental organizations, drawing expressions of concern from Insulza that have only inspired harsh public criticisms of the OAS from these countries' leaders. Violence, fueled by proceeds from the drug trade, has spun out of control in Mexico and Central America. Cuba, meanwhile, continues to restrict basic freedoms and jail political prisoners, while the United States persists in its unilateral, fruitless 50-year-old effort to effect change there through diplomatic isolation and a trade embargo. Leaders who see little use for the OAS frequently cite its decades-long inability to move the lines on the Cuba issue.
|
Adam Isacson, 5/22/2012 (senior associate for regional security at the Washington Office on Latin America, “Conflict Resolution in the Americas: The Decline of the OAS,” http://www.worldpoliticsreview.com/articles/11979/conflict-resolution-in-the-americas-the-decline-of-the-oas, Accessed 7/23/2013, rwg)
|
Crises, conflicts and disputes throughout the region continue to escape the reach of international mediation today Cuba, meanwhile, continues to restrict basic freedoms and jail political prisoners, while the United States persists in its unilateral, fruitless 50-year-old effort to effect change there through diplomatic isolation and a trade embargo. Leaders who see little use for the OAS frequently cite its decades-long inability to move the lines on the Cuba issue.
|
(--) The Cuba issue is key to OAS credibility:
| 1,017 | 46 | 471 | 150 | 9 | 70 | 0.06 | 0.466667 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,137 |
The OAS is also hampered by a perception, reinforced during the Cold War, that the Washington-based body is dominated by the United States. This is perhaps inevitable given the asymmetry of wealth and power between the United States and its regional neighbors. Still, the perception of an uneven playing field has damaged the organization's "honest broker" status and made Latin American states reluctant to take decisions that might require them to cede sovereignty to the OAS, even for the benefit of a greater good.
|
Adam Isacson, 5/22/2012 (staff writer, “Conflict Resolution in the Americas: The Decline of the OAS,” http://www.worldpoliticsreview.com/articles/11979/conflict-resolution-in-the-americas-the-decline-of-the-oas, Accessed 7/23/2013, rwg)
|
The OAS is also hampered by a perception, reinforced during the Cold War, that the Washington-based body is dominated by the United States the perception of an uneven playing field has damaged the organization's "honest broker" status and made Latin American states reluctant to take decisions that might require them to cede sovereignty to the OAS, even for the benefit of a greater good.
|
(--) Ceding sovereignty to the OAS is critical to reverse the perception of US dominance which undermines OAS effectiveness:
| 518 | 124 | 389 | 84 | 19 | 64 | 0.22619 | 0.761905 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,138 |
The OAS, founded in 1948, is the premier forum for political dialogue in the hemisphere, bringing together the countries of North, Central and South America and the Caribbean, spanning huge differences in size, population, economic power, language and culture, to act collectively on common challenges. Currently, most of these – the global financial crisis; climate change and natural disasters; extreme poverty; organised crime; terrorism – are trans-national in scope and, ideally, require a multilateral, inclusive approach to address individual and collective vulnerabilities.¶ As Secretary General Insulza stated at the opening of the 40th General Assembly in Lima, Peru, in June this year, “The way to make headway in these matters is to develop cooperation, in the conviction that we share a common future, based on solidarity.” Indeed, the principle that inter-American multilateralism, solidarity and cooperation are indispensable for achieving the long term peace, security and development of the hemisphere – the main objective of the OAS – was a central feature of the dialogue of the 34 leaders of OAS member states attending the 5th Summit of the Americas, in Port of Spain, Trinidad and Tobago, on April 17-19, 2009.
|
Dr. Riyad Insanally, 9/20/2010 (OAS Representative in Trinidad and Tobago, “The OAS is indispensable,” http://bizjournalonline.com/?p=876, Accessed 7/23/2013, rwg)
|
The OAS is the premier forum for political dialogue in the hemisphere, bringing together countries to act collectively on common challenges. Currently, most of these – the global financial crisis; climate change and natural disasters; extreme poverty; organised crime; terrorism – are trans-national in scope and, ideally, require a multilateral, inclusive approach to address individual and collective vulnerabilities The way to make headway in these matters is to develop cooperation, in the conviction that we share a common future, based on solidarity.” Indeed, the principle that inter-American multilateralism, solidarity and cooperation are indispensable for achieving the long term peace, security and development of the hemisphere
|
(--) The OAS solves warming, poverty, crime, and terrorism:
| 1,232 | 59 | 739 | 190 | 9 | 105 | 0.047368 | 0.552632 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,139 |
The 14 to 18 million deaths a year caused by structural violence compare with about 100,000 deaths per year from armed conflict. Comparing this frequency of deaths from structural violence to the frequency of those caused by major military and political violence, such as World War II (an estimated 49 million military and civilian deaths, including those caused by genocide--or about eight million per year, 1935-1945), the Indonesian massacre of 1965-1966 (perhaps 575,000 deaths), the Vietnam war (possibly two million, 1954-1973), and even a hypothetical nuclear exchange between the U.S. and the U.S.S.R (232 million), it was clear that even war cannot begin to compare with structural violence, which continues year after year. In other word, every fifteen years, on the average, as many people die because of relative poverty as would be killed in a nuclear war that caused 232 million deaths; and every single year, two to three times as many people die from poverty throughout the world as were killed by the Nazi genocide of the Jews over a six-year period. This is, in effect, the equivalent of an ongoing, unending, in fact accelerating, thermonuclear war, or genocide, perpetrated on the weak and poor every year of every decade, throughout the world.
|
James Gilligan, 2000 Department of Psychiatry at Harvard Medical School, 2000 edition, Violence: Reflections on Our Deadliest Epidemic, p. 195-196
|
The 18 million deaths a year caused by structural violence compare with 100,000 deaths per year from armed conflict. Comparing this frequency of deaths from structural violence to the frequency of those caused by major military and political violence, such as World War II and even a hypothetical nuclear exchange between the U.S. and the U.S.S.R it was clear that even war cannot begin to compare with structural violence, which continues year after year. every fifteen years as many people die because of poverty as would be killed in a nuclear war and every year, three times as many people die from poverty as were killed by the Nazi genocide This is the equivalent of an ongoing, unending, accelerating, thermonuclear war, or genocide, perpetrated on the weak and poor every year of every decade, throughout the world.
|
(--) Poverty is the equivalent to a thermonuclear war between Russia and the US
| 1,264 | 80 | 823 | 205 | 14 | 137 | 0.068293 | 0.668293 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,140 |
Architects of engagement strategies have a wide variety of incentives from which to choose. Economic engagement might offer tangible incentives such as export credits, investment insurance or promotion, access to technology, loans, and economic aid. Other equally useful economic incentives involve the removal of penalties, whether they be trade embargoes, investment bans, or high tariffs that have impeded economic relations between the United States and the target country. In addition, facilitated entry into the global economic arena and the institutions that govern it rank among the most potent incentives in today’s global market.
|
Richard Haass, (President, Council on Foreign Relations & Former Dir., Foreign Policy Studies, Brookings Institution), HONEY AND VINEGAR: INCENTIVES, SANCTIONS, AND FOREIGN POLICY, 2000, 5.
|
Economic engagement might offer tangible incentives Other equally useful economic incentives involve the removal of penalties, whether they be trade embargoes,
|
Counter-interpretation—economic incentives are the removal of penalties like embargoes.
| 639 | 88 | 159 | 93 | 9 | 21 | 0.096774 | 0.225806 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,141 |
The military-economic nexus provides a reason for thinking that interests directly connected to the regime and to dynamic segments of the Cuban economy might benefit from economic engagement with the United States. Not at the price of immediately abandoning the political system of which they are the product, but as being willing to make the required economic adjustments, along with the initially limited political changes, whose cumulative long-term implications are very desirable. This is not likely to result from explicit quid pro quos but from what the Senate Committee on Foreign Relations has termed "sequenced engagement." The idea is to make each U.S. step contingent on opportunities for catalysis, rather than on explicit counterconcessions.
|
Miroslav Nincik, (Prof., Political Science University of California, Davis), THE LOGIC OF POSITIVE ENGAGEMENT, 2011, g 112-113.
|
the Cuban economy might benefit from economic engagement with the United States. This is not likely to result from explicit quid pro quos but from what the Senate Committee on Foreign Relations has termed "sequenced engagement." The idea is to make each U.S. step contingent on opportunities for catalysis, rather than on explicit counterconcessions.
|
They limit out core AFF’s on the topic—we lift the Cuban embargo—they should have plenty of ground.
| 755 | 99 | 350 | 114 | 17 | 54 | 0.149123 | 0.473684 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,142 |
Many different types of engagement strategies exist, depending on who is engaged, the kind of incentives employed, and the sorts of objectives pursued. Engagement may be conditional when it entails a negotiated series of exchanges, such as where the U.S. extends positive inducements for changes undertaken by the target country. Or engagement may be unconditional if it offers modifications in U.S. policy towards a country without the explicit expectation that a reciprocal act will follow. Generally, conditional engagement is geared towards a government; unconditional engagement works with a country’s civil society or private actor in the hope of promoting forces that will eventually facilitate cooperation.
|
Richard Haas, (Dir., Foreign Policy Studies, Brookings Institution), SURVIVAL, SUMMER 2000, 114.
|
Many different types of engagement strategies exist Engagement may be conditional Or engagement may be unconditional if it offers modifications in U.S. policy towards a country without the explicit expectation that a reciprocal act will follow.
|
Destroys AFF ground—allows for the counterplan to do the plan without the condition every debate.
| 714 | 97 | 244 | 105 | 15 | 36 | 0.142857 | 0.342857 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,143 |
My own expectation is the president will at some point make a move to end the embargo and possibly normalize relations with Cuba, but he will argue that US goals have not changed. He will argue that the US seeks democratization, freedom, and market capitalism, but that the best way to achieve these objectives in Cuba is through active engagement with Cuba, via government contacts, commerce and tourism. Not only has the president acknowledged US policy toward Cuba to be a failure, but with each passing year, it becomes increasingly clear that the Cuban revolution will be able to outlast not only the rule of Fidel and Raul Castro, but also the fifty-plus years of American efforts to fatally undermine it.
|
David Bernell, (Prof., Political Science, Oregon State U.), CONSTRUCTING U.S. FOREIGN POLICY: THE CURIOUS CASE OF CUBA, 2011, 147.
|
My own expectation is the president will at some point make a move to end the embargo and possibly normalize relations with Cuba but that the best way to achieve these objectives in Cuba is through active engagement with Cuba, via government contacts, commerce and tourism.
|
(--) Lifting the embargo engages Cuba.
| 711 | 38 | 273 | 121 | 6 | 46 | 0.049587 | 0.380165 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,144 |
In the last decade there has also been a movement in Washington to lift the embargo. The Cuba Policy Foundation, founded in 2001 by some key powerbrokers, made a concerted attempt in the first few years of the twenty-first century to press for engagement. Similarly, both the House of Representatives and the Senate formed Cuba working groups for the explicit purpose of critically examining American policy towards Cuba. The Senate group, formed in March 2003, announced in its first public statement that it would look at the right of Americans to travel to Cuba and the capacity of the island nation to serve as a market for American products.
|
Lana Wylie, (Ph.D. Dissertation, Political Science, U. Massachusetts), PERCEPTIONS OF CUBA: CANADIAN AND AMERICAN POLICIES IN COMPARATIVE PERSPECTIVE, 2010, 103.
|
In the last decade there has also been a movement in Washington to lift the embargo. The Cuba Policy Foundation made a concerted attempt in the first few years of the twenty-first century to press for engagement.
|
(--) Lifting the embargo is engagement.
| 646 | 39 | 212 | 109 | 6 | 37 | 0.055046 | 0.33945 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,145 |
Ultimately, the impact of positive incentives will depend on the evolution of Cuban politics. The biggest incentive the United States can offer is to dismantle its economic embargo. If legal obstacles to economic engagement were removed, meaningful commercial and investment links could be expected to follow the natural course of material interests. A number of state-to-state agreements, in areas such as migration and counter-narcotics, could be expected.
|
Miroslav Nincic, 2011 (Prof., Political Science, U. California at Davis), THE LOGIC OF POSITIVE ENGAGEMENT, 2011, 110.
|
The biggest incentive the United States can offer is to dismantle its economic embargo. If legal obstacles to economic engagement were removed, meaningful commercial and investment links could be expected to follow the natural course of material interests.
|
(--) Ending the embargo economically engages Cuba.
| 458 | 50 | 256 | 67 | 7 | 38 | 0.104478 | 0.567164 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,146 |
The vision of "constructive engagement" as a form of subversion through economic development has been enunciated most succinctly by the U.S. anti-sanctions lobby group USA*Engage. In its paper, Economic Engagement Promotes Freedom, the organization urged that "market-oriented economic development causes social changes that impede authoritarian rule." The key proxies of social change are said to include "widespread education, the opening of society to the outside world, and the development of an independent middle class." An emerging middle class, fueled by economic growth, "does not depend on the state for economic advancement, and thus is far more free to challenge political control. A government faced with this change must seek the support of the middle class and must respond to middle class demands for greater political freedom, the rule of law, and the elimination of corruption." Contact with the outside world, meanwhile, is said to expand "the flow of information. The internet, television, books, newspapers, copying machines, foreign magazines, all the various forms of popular entertainment and intellectual thought begin to flow, spreading ideas like democracy, human rights, and the rule of law." USA*Engage further asserts that "American businesses and agricultural concerns transplant American values and culture to the host country."
|
Craig Foreese, 2002 (Attorney, Hughes, Hubbard & Reed, Washington, D.C.), YALE HUMAN RIGHTS AND DEVELOPMENT LAW JOURNAL, 2002, 6-7.
|
The vision of "constructive engagement" as a form of subversion through economic development has been enunciated most succinctly by the U.S. anti-sanctions lobby
|
(--) Removing sanctions is engaging Cuba.
| 1,360 | 41 | 161 | 200 | 6 | 23 | 0.03 | 0.115 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,147 |
The legislation and regulations codifying the U.S. embargo of Cuba are paradigmatic of the type of comprehensive unilateral sanctions decried by the international community. n12 Originally imposed through the [*422] powers granted to the president by the Trading with the Enemy Act (TWEA), the embargo has become increasingly more complex in nature and panoptic in breadth with each successive law and regulation. n13 [*423] In its current form, the blockade generally prohibits the export and import of goods and services with Cuba or Cuban entities around the world. n14 The embargo also covers an exceedingly broad range of economic transactions between the United States and Cuba, including transfers of credit, payments, foreign exchange transactions, securities [*424] transactions, and property transfers. n15 Indeed, the types of economic transactions prohibited by the embargo encapsulate virtually every form of economic exchange in modern commerce. n16 As though its unilateral embargo were insufficiently comprehensive, the United States has applied direct sanctions and coercive economic pressure on other state and business entities in order to discourage other trade relationships with Cuba. n17 Thus, by exercising what many commentators would consider illegal extraterritorial jurisdiction, the United States has effectively transformed its blockade of Cuba into a de facto multilateral endeavor. n18
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
In its current form, the blockade generally prohibits the export and import of goods and services with Cuba or Cuban entities around the world The embargo also covers an exceedingly broad range of economic transactions between the U S and Cuba, including transfers of credit, payments, foreign exchange transactions, securities transactions, and property transfers Indeed, the types of economic transactions prohibited by the embargo encapsulate virtually every form of economic exchange in modern commerce
|
(--) Ending the embargo would increase economic engagement with Cuba:
| 1,417 | 69 | 506 | 205 | 10 | 74 | 0.04878 | 0.360976 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,148 |
While Article III does not explicitly set out any specific standing requirements, the Supreme Court has formulated the doctrine over time and established requirements that a plaintiff must show in order to bring a case. Some commentators have described this evolution as always in flux, even asserting that courts "can always find an excuse for giving standing” if they want to get to the merits of the case.8 Many argue that the Court has restricted standing—particularly in environmental cases—to too narrow a set of individuals.9
|
Tracy Bach, 3/11/2009 (CLI BACKGROUND PAPER NO. 6, “The Recognition of Intergenerational Ecological Rights and Duties in U.S. Law,” http://www.vermontlaw.edu/Documents/CLI%20Policy %20Paper/BP_06%20-%20%28Bach%29.pdf)
|
While Article III does not explicitly set out any specific standing requirements, the Supreme Court has formulated the doctrine over time and established requirements that a plaintiff must show in order to bring a case. Some commentators have described this evolution as always in flux, even asserting that courts "can always find an excuse for giving standing” if they want to get to the merits of the case
|
We meet the counter-interpretation: We eliminate the entire embargo on Cuba.
| 532 | 77 | 407 | 85 | 11 | 68 | 0.129412 | 0.8 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,149 |
Interpretation as law A prominent attorney who had argued hundreds of cases before the Supreme Court once remarked that the Supreme Court is not final because it's right, it is right because it is final. The Court's position as the court of last appeal and as the highest court in the land means that its decisions are binding and largely unchangeable. Once the Court has ruled, its decisions have all the effect and permanency of law.
|
This Nation.com, 2008 (“Supreme Court Decision Making,” http://www.thisnation.com/textbook/judiciary-decision.html, Accessed 7/25/2012, rwg)
|
The Court's position as the court of last appeal and as the highest court in the land means that its decisions are binding and largely unchangeable. Once the Court has ruled, its decisions have all the effect and permanency of law.
|
Counter-interpretation: FIAT allows us to assume a test case exists.
| 435 | 68 | 231 | 76 | 10 | 41 | 0.131579 | 0.539474 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,150 |
The executive and legislative branches bow to the authority of the judicial branch. They do not exercise authority on their own, except as the judicial branch gives them leave. Since the federal judiciary is a creation of the legislative branch, we now have a Frankenstein government, a government in which the creator has lost control of his creation. Since the judiciary is the only real source of power in America, the indirect election of judges through a republican system should be a source of comfort to all concerned. True, the term is for life, not four or six years, the government is by nine people, not thousands, and there remains not even a semblance of the idea that the judges represent the interests of any of the electorate but the forms are observed. We have maintained the idea of the republic - sort of.
|
Steve Kellmeyer, 2005 The Illinois Leader, 2005 [The coming paradigm shift from the judiciary to the corporation, July 7, http://www.illinoisleader.com/opinion/opinionview.asp?c=27040, rwg]
|
The executive and legislative branches bow to the authority of the judicial branch. They do not exercise authority on their own, except as the judicial branch gives them leave Since the judiciary is the only real source of power in America, the indirect election of judges through a republican system should be a source of comfort to all concerned
|
Plan is a mandate—Executive and Legislative have to bow to the judiciary:
| 824 | 73 | 347 | 144 | 12 | 59 | 0.083333 | 0.409722 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,151 |
Q. When I refer to the government of the United States in text, should it be US Federal Government or US federal government? A. The government of the United States is not a single official entity. Nor is it when it is referred to as the federal government or the US government or the US federal government. It’s just a government, which, like those in all countries, has some official bodies that act and operate in the name of government: the Congress, the Senate, the Department of State, etc.
|
The Chicago Manual of Style 2010 16th edition text © (http://www.chicagomanualofstyle.org/CMS_FAQ/CapitalizationTitles/CapitalizationTitles32.html)
|
The government of the United States is not a single official entity. Nor is it when it is referred to as the federal government or the US government or the US federal government. It’s just a government, which, like those in all countries, has some official bodies that act and operate in the name of government: the Congress, the Senate, the Department of State, etc
|
4) They limit out all AFF’s: all AFF’s require multiple steps—they create a bill, put it through a committee, Congress passes it, and then Obama signs it.
| 495 | 154 | 366 | 89 | 27 | 65 | 0.303371 | 0.730337 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,152 |
Statute of the International Court of Justice, art. 38; see also RESTATEMENT (THIRD) OF FOREIGN RELATIONS LAW OF THE U.S. § 102(2), (3), rep. n.2 (1987) (noting that general acceptance of states and the "general and consistent practice of states," which takes many forms including "resolutions, declarations, and other statements of principles" by the U.N. General Assembly, form the basis for customary international law); Marks, supra note 20, at 138-42, 167 (discussing the recognition of the right to development by a majority of governments in the world, but conceding some of the practical difficulties associated with the right).
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
general acceptance of states and the "general and consistent practice of states," which takes many forms including "resolutions, declarations, and other statements of principles" form the basis for customary international law
|
We have a solvency advocate: Our Manchak evidence specifies the right to develop rationale for the plan.
| 636 | 104 | 225 | 98 | 17 | 31 | 0.173469 | 0.316327 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,153 |
The concept of extraterritoriality addresses the application of U.S. law as it applies to or affects the conduct of foreign territories or the impact of a state's laws on foreign nationals. n150 The United Nations Charter sets forth various general international standards addressing the issue of extraterritoriality. n151 In addition to these standards, customary international law norms exist which derive from state practice and state acquiescence to such practice. The principle of custom as a source of international law was first recognized by the Supreme Court in The Paquete Habana: n152¶ ¶ International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination. For this purpose, where there is no treaty, and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages of civilized nations... n153
|
Shari-Ellen Bourque, 1995 (Boston University International Law Journal, Spring 1995, 13 B.U. Int'l L.J. 191, Lexis, Accessed 7/21/2013, rwg)
|
The concept of extraterritoriality addresses the application of U.S. law as it applies to or affects the conduct of foreign territories or the impact of a state's laws on foreign nationals In addition to these standards, customary international law norms exist which derive from state practice and state acquiescence to such practice. The principle of custom as a source of international law was first recognized by the Supreme Court in The Paquete Habana International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination. For this purpose, where there is no treaty, and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages of civilized nations
|
(--) Customary international law means the customs of nations have created certain laws:
| 1,012 | 88 | 861 | 159 | 13 | 139 | 0.081761 | 0.874214 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,154 |
Now these are not the sorts of cases in which advocates today generally seek to make international law claims. They are more likely to raise claims that executive branch action and federal statutes violate international human rights norms. n55 But here, too, federal courts may well have jurisdiction to adjudicate the claim even if CIL does not constitute "federal law" within the meaning of Article III. When executive branch conduct is challenged, the plaintiff's claim is typically that such action went beyond statutory or constitutional authority; thus, the case would arise under the laws of the United States in Article III terms. Once the federal court has jurisdiction of the case, it can consider all other relevant sources of law. It might be more difficult for a federal court to entertain a claim that a federal statute is inconsistent [*99] with CIL. n56 But many such cases can probably be heard because of The Charming Betsy n57 rule that courts, in interpreting statutes, should assume that Congress sought to adopt legislation consistent with international law. That is, a person asserting that a federal statute violates CIL could raise the claim as a matter of statutory interpretation--"if the statute means 'X,' it would violate international law; therefore, it should be read to mean 'Y.'" A court, following The Charming Betsy, would not be able to strike down the federal legislation, but an interpretation of the statute rendering it consistent with CIL might accomplish much the same result.
|
T. Alexander Aleinikoff, 2004 (Associate Dean for research @ Georgetown University Law Center, Jan, 98 A.J.I.L. 91, Lexis, Accessed, 7/23/2013, rwg)
|
many such cases can probably be heard because of The Charming Betsy rule that courts, in interpreting statutes, should assume that Congress sought to adopt legislation consistent with international law
|
(--) Charming Betsy rule says that Congress sought to adopt legislation consistent with international law:
| 1,519 | 106 | 201 | 246 | 15 | 30 | 0.060976 | 0.121951 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,155 |
Despite the plausibility of the proposed approach, its prospects for judicial adoption appear slim. As the contributions to this Agora demonstrate, federal and state courts are beginning to consult international norms on a more regular basis; but they are doing so largely for comparative purposes, not because such norms are deemed binding. Foreign law, in this view, is a part of a broader liberal arts education for lawyers and judges, one that introduces them to alternatives to the status quo. It is a very different matter for federal courts to begin to apply and enforce CIL.
|
T. Alexander Aleinikoff, 2004 (Associate Dean for research @ Georgetown University Law Center, Jan, 98 A.J.I.L. 91, Lexis, Accessed, 7/23/2013, rwg)
|
Despite the plausibility of the proposed approach, its prospects for judicial adoption appear slim federal and state courts are beginning to consult international norms on a more regular basis; but they are doing so largely for comparative purposes, It is a very different matter for federal courts to begin to apply and enforce CIL.
|
(--) Our Sylvester evidence draws a distinction—we have not SUBORDINATED ourselves to international law—striking down the Cuban embargo on the grounds of international law directly subordinates the US to international law—bolstering international law.
| 582 | 251 | 333 | 96 | 33 | 54 | 0.34375 | 0.5625 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,156 |
In none of the cases discussed above, or indeed in any U.S. constitutional law case, has the Court relied upon international or ^foreign law as binding authority. This limitation on how international and foreign law is used undercuts criticisms that the citation of such law is undemocratic and undermines American sovereignty. 19 Legal reasoning in the United States is often based on analogies, and as several judges have noted, additional information provides judges and lawyers with means to examine conflicting approaches and sort out what is most relevant and persuasive. In fact, state courts will frequently look to the opinion of other states for guidance without encroaching on state sovereignty or impinging on the democratic rights of its citizens. Federal courts’ voluntary, non-binding consideration of international or foreign law is akin to that practice.
|
Duke Law Guide ‘6 (The Use of International and Foreign Law in Interpreting the U.S. Constitution http://www.acslaw.org/files/sintl%20law%20study%20guide%201-18-06.pdf?PHPSESSID=be927e9735474d1d7fd1a8d91eb487f4, )
|
In none of the cases in any U.S. constitutional law case, has the Court relied upon international or ^foreign law as binding authority. This limitation on how international and foreign law is used undercuts criticisms that the citation of such law is undemocratic and undermines American sovereignty Legal reasoning in the United States is often based on analogies, and as several judges have noted, additional information provides judges and lawyers with means to examine conflicting approaches and sort out what is most relevant and persuasive. In fact, state courts will frequently look to the opinion of other states for guidance without encroaching on state sovereignty or impinging on the democratic rights of its citizens. Federal courts’ voluntary, non-binding consideration of international or foreign law is akin to that practice.
|
CIL is used but isn’t binding now
| 871 | 33 | 840 | 134 | 7 | 129 | 0.052239 | 0.962687 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,157 |
n83. Compare Bradley & Goldsmith, supra note 26, at 842-43 & n.177, 845 n.199 & 849, Bradley & Goldsmith II, supra note 26, at 324 & n.27, 335 ("did not bind the Executive"), id. at 352 & n.185, 353 n.191, and Bradley, Charming Betsy, supra note 27, at 498 n.98 (but see id. at 504 n.126 (recognizing one of the recent cases applying customary international law directly to bind the Executive)), with Paust, supra note 1, at 92-95, 146, 148-50, 161-64, and Jordan J. Paust, Paquete and the President: Rediscovering the Brief for the United States, 34 Va. J. Int'l L. 981 (1994). Also, contrary to Bradley and Goldsmith, see Bradley & Goldsmith II, supra note 26, at 352 & n.185, the Court did not state that customary international law "is judicially enforceable" where there is no treaty, etc., but stated that courts must enforce customary international law where there is no treaty, etc., leaving unaddressed when courts may also enforce customary international law. See Paust, supra note 1, at 136-38 nn.93-95, 148-50 & 162-63 n.63.
|
Jordan J. Paust, 1999 (Law Foundation Professor, University of Houston Law Center, Michigan Journal of International Law, Winter 1999, 20 Mich. J. Int'l L. 301, Lexis, Accessed 7/22/2013, rwg)
|
contrary to Bradley and Goldsmith the Court did not state that customary international law "is judicially enforceable" where there is no treaty, etc., but stated that courts must enforce customary international law where there is no treaty, leaving unaddressed when courts may also enforce customary international law.
|
(--) Unclear precedent on when courts may enforce customary international law now:
| 1,036 | 82 | 318 | 176 | 12 | 47 | 0.068182 | 0.267045 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,158 |
n7 See Louis Henkin, The Constitution and United States Sovereignty: A Century of Chinese Exclusion and Its Progeny, 100 HARV. L. REV. 853, 877 (1987). Just as contradictions between co-equal federal enactments must be resolved under the Constitution, so too must discrepancies between customary international law and federal legislation. See id. Although the Supreme Court has never ruled on the point, there is nothing in the text of the Constitution that would preclude the United States from elevating customary international law over regular federal enactments and giving effect to international customary legal norms even in the face of a later congressional enactment. See id. Even under a more conservative understanding, a direct conflict between customary international law and a federal enactment is not simply an issue of domestic law versus international commitments--it is a constitutional question. See id. at 877-78. As Professor Henkin explains,¶ Like treaties, customary law has now been declared to be United States law within the meaning of both article III and the supremacy clause. If an act of Congress can modify customary law for domestic purposes, it is not because customary law is like federal common law but rather because, like treaties, customary law is equal in status to legislation, and the more recent of the two governs.
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
Just as contradictions between co-equal federal enactments must be resolved under the Constitution, so too must discrepancies between customary international law and federal legislation Although the Supreme Court has never ruled on the point, there is nothing in the text of the Constitution that would preclude the United States from elevating customary international law over regular federal enactments and giving effect to international customary legal norms even in the face of a later congressional enactment
|
(--) Court has never ruled that customary international law is elevated over regular federal enactments—the plan does:
| 1,356 | 118 | 513 | 212 | 17 | 75 | 0.080189 | 0.353774 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,159 |
[*429] Despite its near-universal acceptance as a legitimate norm of international human rights law, however, the United States remains hostile to the right to development. n34 The United States generally votes against any specific resolutions codifying, promoting, or otherwise invoking the right to development. n35 Relevant, too, is the fact that the United States has signed, but not ratified, the International Covenant on Economic, Social, and Cultural Rights. n36 While it both signed and ratified the International Covenant on Civil and Political Rights, it lodged a reservation declaring the agreement to be non-self-executing. n37
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
Despite its near-universal acceptance as a legitimate norm of international human rights law, however, the U S remains hostile to the right to development The U S generally votes against any specific resolutions codifying, promoting, or otherwise invoking the right to development
|
(--) US remains hostile to the right to development:
| 640 | 52 | 280 | 94 | 9 | 42 | 0.095745 | 0.446809 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,160 |
In no way, however, does the inimical stance the United States has taken toward the right to development relieve it of its international obligations with respect to that right. n38 First, customary international law dictates that, even in the absence of ratification, a state's signature on a treaty obligates it to refrain from activities that might defeat the object and purpose of that instrument. n39 Additionally, an assertion that a [*430] treaty is not binding, either because a state lodged a declaration of non-self-execution or because the state did not sign and ratify it, is irrelevant when the norm in question is one of customary international law. n40 Regardless of a state's posture vis-a-vis a treaty (for example, as a non-signatory or a party subject to reservations), if that treaty also embodies customary international law, the state is bound. n41 The United States, therefore, is not exempt from its dual responsibilities under treaty and customary international law regarding the right to development. n42
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
In no way, however, does the inimical stance the United States has taken toward the right to development relieve it of its international obligations with respect to that right customary international law dictates that, even in the absence of ratification, a state's signature on a treaty obligates it to refrain from activities that might defeat the object and purpose of that instrument Additionally, an assertion that a treaty is not binding , is irrelevant when the norm in question is one of customary international law. Regardless of a state's posture vis-a-vis a treaty if that treaty also embodies customary international law, the state is bound The U S therefore, is not exempt from its dual responsibilities under treaty and customary international law regarding the right to development.
|
(--) US has international obligations to protect the right to development:
| 1,029 | 74 | 797 | 163 | 11 | 127 | 0.067485 | 0.779141 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,161 |
The U.S. embargo is a clear violation of international norms and policies relating to the extraterritoriality principle and to the respect of state autonomy as originally expressed in The Lotus Case. n171 The embargo imposes severe consequences, having implications in Cuba and beyond. As stated in Part III, the purpose of the embargo is not to control and prevent injury to U.S. national security. Instead, the foreign policy aim of the embargo is to indirectly encourage an expedient change in the Cuban form of government toward democratic rule. n172 The indirect effect of this American foreign policy imposes American ideals and beliefs onto the Cuban people as well as other nations and their nationals, regardless of the fact that Cuba poses no threat to U.S. national security or interests.
|
Shari-Ellen Bourque, 1995 (Boston University International Law Journal, Spring 1995, 13 B.U. Int'l L.J. 191, Lexis, Accessed 7/21/2013, rwg)
|
The U.S. embargo is a clear violation of international norms and policies relating to the extraterritoriality principle and to the respect of state autonomy the purpose of the embargo is not to control and prevent injury to U.S. national security. Instead, the foreign policy aim of the embargo is to indirectly encourage an expedient change in the Cuban form of government toward democratic rule The indirect effect of this American foreign policy imposes American ideals and beliefs onto the Cuban people as well as other nations and their nationals, regardless of the fact that Cuba poses no threat to U.S. national security
|
(--) Extend our Manchak evidence—the Cuban embargo violates Cuba’s right to develop because it deprives them of basic economic necessities from the US. Our next Manchak card says even the most limited view of international law would have the Cuban embargo violating international law.
| 799 | 284 | 627 | 129 | 44 | 102 | 0.341085 | 0.790698 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,162 |
When the Obama administration took office, it entered the debate on Cuba and the nearly half-century old embargo that has crippled the tiny island nation with a self-avowed respect for the law of nations. Despite easing some restrictions on the ability of Cuban-Americans with family in Cuba to travel and send remittances, the President's promises on Cuba have gone largely unfulfilled. The Cuban embargo, in its current form, remains a constitutionally impermissible violation of international law, specifically, the international legal norm prohibiting interference with a nation's right to develop.
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
the President's promises on Cuba have gone largely unfulfilled. The Cuban embargo, in its current form, remains a constitutionally impermissible violation of international law, specifically, the international legal norm prohibiting interference with a nation's right to develop
|
(--) The Cuban embargo is a constitutionally impermissible violation of international law:
| 602 | 90 | 277 | 89 | 12 | 37 | 0.134831 | 0.41573 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,163 |
n12 See, e.g., U.N. GAOR, 64th Sess., 27th plen. mtg., supra note 3, at 20 ("[The unilateral Cuban embargo] is a flagrant violation of the provisions of the United Nations Charter, the principles of international law and resolutions adopted year after year by this Assembly . . . ."); The Secretary-General, Report of the Secretary-General on Unilateral Economic Measures as a Means of Political and Economic Coercion Against Developing Countries, at 6, Delivered to the General Assembly, U.N. Doc. A/64/179 (July 27, 2009) (stating that unilateral sanctions used as instruments of political and economic coercion against developing countries "are contrary to the principles of international law, the sovereign equality of States, non-interference in the internal affairs of States and peaceful coexistence among States"); U.N. GAOR, 63rd Sess., 33rd plen. mtg., supra note 3, at 7 ("The United States' unilateral economic, commercial and financial embargo against Cuba represents a violation of international law, including international laws relating to the freedom of trade and navigation and non-interference in the internal affairs of States.").
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
The unilateral Cuban embargo] is a flagrant violation of the provisions of the United Nations Charter, the principles of international law and resolutions adopted year after year by this Assembly unilateral sanctions used as instruments of political and economic coercion against developing countries "are contrary to the principles of international law The U S ' unilateral economic, commercial and financial embargo against Cuba represents a violation of international law, including international laws relating to the freedom of trade and navigation and non-interference in the internal affairs of States
|
(--) Cuban embargo is a flagrant violation of international law:
| 1,150 | 64 | 607 | 171 | 10 | 88 | 0.05848 | 0.51462 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,164 |
In I992 the CDA restored the third-country constraint provisions which had been specifically denounced by the U.S. government in 1975 as unacceptable to other nations and incompatible with the I975 OAS resolution affirming the right of each member state to freely determine its own polices toward Cuba. The current U.S.-imposed embargo which punishes those who trade with Cuba patently violates the OAS resolution and runs counter to the OAS Charter, which upholds nonintervention as one of the fundamental principles upon which the organization is founded. In addition to the individual protests of foreign trading partners prompted by the CDA’s passage, the law has also brought about formal denouncements from the United Nations. In four consecutive sessions of the United Nations General Assembly, that body has passed resolutions condemning the U.S. embargo against Cuba and calling on the United States to rescind those aspects of its law which are violative of international law principles as well as of the U.N. Charter. In its most recent resolution (passed on November 15, I995) entitled ‘Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba,” the U.N. General Assembly held, inter alia: Beaffrrming, among other principles, the sovereign equality of States, non-intervention and non-interference in their internal affairs and freedom of international trade and navigation, which are also enshrined in many international legal instruments . . . Concerned about the continued promulgation end application by Member States of laws and regulations whose extraterritorial effects affect the sovereignty of other States and the legitimate interests of entities or persons under their jurisdiction, as well as the freedom of trade and navigation... Concerned that, since the adoption of its resolutións 47/19. 48/16 and 49/95 further measures of that nature aimed at strengthening and extending the economic, commercial and financial embargo against Cubs continue to be promulgated and applied, and concerned also about the adverse effects of such measures on the Cuban people and on Cuban nationals living in other countries... [The U.N. General Assembly] reiterates its call to all States to refrain from promulgating and applying laws and measures of the kind referred to in the preamble to the present resolution in conformity with their obligations under the Charter of the United Nations and international law which, inter alia. reaffirm the freedom of trade and navigation...* Notwithstanding repeated U.N. resolutions calling for the rescinding of practices against Cuba and against nations that trade with Cuba which violate international law, the U.S. has steadfastly maintained and even reinforced its policies.
|
Krinsky 2001. (“CHAPTER NINE,INTERNATIONAL LAW & THE EMBARGO,” http://www.medicc.org/resources/documents/embargo/Chapter%20Nine.pdf, ADL)
|
The current U.S.-imposed embargo which punishes those who trade with Cuba patently violates the OAS resolution and runs counter to the OAS Charter, which upholds nonintervention as one of the fundamental principles upon which the organization is founded. the law has also brought about formal denouncements from the United Nations. In four consecutive sessions that body has passed resolutions condemning the U.S. embargo against Cuba and calling on the United States to rescind those aspects of its law which are violative of international law principles as well as of the U.N. Charter ...* Notwithstanding repeated U.N. resolutions calling for the rescinding of practices against Cuba and against nations that trade with Cuba which violate international law, the U.S. has steadfastly maintained and even reinforced its policies.
|
(--) Cuban Embargo violates UN Charter and International laws
| 2,793 | 61 | 830 | 421 | 9 | 126 | 0.021378 | 0.299287 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,165 |
This Note will juxtapose the United States' archaic embargo against the new world order. The illegality of the embargo itself, combined with the predicted near departure of Fidel Castro, as well as recent changes in the Cuban economy and legislature, provide strong support for the adoption of a more lenient interactive U.S.-Cuba policy. The embargo promulgates a system of trade and investment sanctions created in response to Cold War political tension and ideology. This system, however, does not serve to advance the stated U.S. goal of effectuating change in Cuban domestic affairs. Instead, it violates both international and U.S. domestic laws while isolating Cuba from U.S. capital markets.
|
Shari-Ellen Bourque, 1995 (Boston University International Law Journal, Spring 1995, 13 B.U. Int'l L.J. 191, Lexis, Accessed 7/21/2013, rwg)
|
The embargo promulgates a system of trade and investment sanctions created in response to Cold War political tension and ideology. This system, however, does not serve to advance the stated U.S. goal of effectuating change in Cuban domestic affairs. Instead, it violates both international and U.S. domestic laws
|
(--) Embargo violates international law:
| 699 | 40 | 312 | 108 | 5 | 48 | 0.046296 | 0.444444 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,166 |
The current U.S. policy towards Cuba, as embodied in the embargo, violates both international and domestic law. It infringes on third-country state sovereignty by imposing sanctions on foreign states and foreign subsidiaries. The embargo also imposes hardships on the Cuban people. Despite the recent developments in international diplomacy, this foreign policy remains unchanged, archaic and no longer justifiable.¶ A more realistic and modern approach to U.S.-Cuban foreign policy would encourage abandonment of the embargo. There appears to be a general consensus among the international community, including foreign states and organizations, as well as the American public that this policy is indeed outdated and in need of change. A mutually negotiated agreement, such as a bilateral investment treaty, would further U.S. policies within the Cuban community, while simultaneously promoting and protecting U.S. investment on the island.
|
Shari-Ellen Bourque, 1995 (Boston University International Law Journal, Spring 1995, 13 B.U. Int'l L.J. 191, Lexis, Accessed 7/21/2013, rwg)
|
The current U.S. policy towards Cuba, as embodied in the embargo, violates both international and domestic law. It infringes on third-country state sovereignty by imposing sanctions on foreign states and foreign subsidiaries this foreign policy remains unchanged, archaic and no longer justifiable. A more realistic and modern approach to U.S.-Cuban foreign policy would encourage abandonment of the embargo. There appears to be a general consensus among the international community, including foreign states and organizations, as well as the American public that this policy is indeed outdated and in need of change
|
(--) Embargo violates international law:
| 940 | 40 | 616 | 135 | 5 | 91 | 0.037037 | 0.674074 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,167 |
The comprehensive unilateral trade sanctions regime imposed by the United States on Cuba specifically targets those aspects of the Cuban nation-state critical for national development. n56 While the contours of the right to development are still being defined in international discourse, there is a consensus on at least a few "pillars of development," including banking, telecommunications and technology, human resources, and infrastructure. n57 This list is certainly not all-inclusive, but it [*434] provides a basic framework, to which the United States government itself subscribes, for conceptualizing the form and process of development. n58 Because the U.S. embargo systematically undermines the integrity of Cuba's banking system and isolates it from the modern commercial world, impedes technological advancement, frustrates its ability to cultivate human capital, and obstructs the proper functioning of its infrastructure, it directly violates Cuba's right to development. n59
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
The comprehensive unilateral trade sanctions regime imposed by the United States on Cuba specifically targets those aspects of the Cuban nation-state critical for national development there is a consensus on at least a few "pillars of development," including banking, telecommunications and technology, human resources, and infrastructure This list is certainly not all-inclusive, but it [*434] provides a basic framework, for conceptualizing the form and process of development. Because the U.S. embargo systematically undermines the integrity of Cuba's banking system and isolates it from the modern commercial world and obstructs the proper functioning of its infrastructure, it directly violates Cuba's right to development
|
(--) Embargo violates international law—banking sector and commercial sector components violate international law:
| 989 | 114 | 727 | 139 | 13 | 102 | 0.093525 | 0.733813 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,168 |
For the past 14 years, the UN Secretary-General has documented the negative impact of the ¶ US embargo on Cuba. In her last report to the Human Rights Council, the Personal ¶ Representative of the United Nations High Commissioner for Human Rights on the situation ¶ of human rights in Cuba described the effects of the embargo on the economic, social and ¶ cultural rights of the Cuban people as “disastrous”.¶ “The adverse consequences of economic sanctions on the enjoyment of human rights”, a ¶ study prepared by Marc Bossuyt for the Sub-Commission on the Promotion and Protection of ¶ Human Rights, concluded that the US embargo violates human rights law in two distinct ¶ ways. Firstly, “the fact that the United States is the major regional economic power and the ¶ main source of new medicines and technologies means that Cuba is subject to deprivations ¶ that impinge on its citizens’ human rights.” Secondly, by passing legislation that “tries to ¶ force third-party countries into embargoing Cuba as well” – the 1992 Torricelli Act – the US ¶ government attempted to turn “a unilateral embargo into a multilateral embargo through ¶ coercive measures, the only effect of which will be to deepen further the suffering of the ¶ Cuban people and increase the violation of their human rights”.
|
Amnesty International 09 (07/25/09, Amnesty International, “THE US ¶ EMBARGO ¶ AGAINST CUBA: ¶ ITS IMPACT ON ECONOMIC ¶ AND SOCIAL RIGHTS,” http://www.amnesty.org/en/library/asset/AMR25/007/2009/en/51469f8b-73f8-47a2-a5bd-f839adf50488/amr250072009eng.pdf, ADL)
|
the UN Secretary-General has documented the negative impact of the ¶ US embargo on Cuba concluded that the US embargo violates human rights law the fact that the United States is the economic power and the ¶ main source of new medicines and technologies means that Cuba is subject to deprivations ¶ that impinge on its citizens’ human rights. by passing legislation that “tries to ¶ force third-party countries into embargoing Cuba as well the US attempted to turn “a unilateral embargo into a multilateral embargo through ¶ coercive measures, the only effect of which will be to deepen further the suffering of the ¶ Cuban people and increase the violation of their human rights
|
(--) Embargo violates international humanitarian laws
| 1,298 | 53 | 679 | 219 | 6 | 115 | 0.027397 | 0.525114 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,169 |
By barring access to technology, the embargo inhibits Cuba's ability to engage in the type of higher-order economic activities so critical to growth and development in the information-based global economy. n64 For example, the Cuban government and Cuban national companies are prohibited from purchasing products, components, technical equipment, or technical inputs that are under United States patents. n65 Cuba's inability to import various technologies has harmed sectors of its economy ranging from the poultry and agricultural industries to the research science and biotechnology industries. n66 The communications sector has likewise been damaged, highlighting the challenges posed to economic and social development when communications technologies are restricted. n67
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
By barring access to technology, the embargo inhibits Cuba's ability to engage in the type of higher-order economic activities so critical to growth and development in the information-based global economy For example, the Cuban government and Cuban national companies are prohibited from purchasing products, components, technical equipment, or technical inputs that are under U S patents Cuba's inability to import various technologies has harmed sectors of its economy ranging from the poultry and agricultural industries to the research science and biotechnology industries.
|
(--) Technology components of the embargo undermine Cuba’s ability to higher-order economic activities:
| 776 | 103 | 577 | 107 | 13 | 82 | 0.121495 | 0.766355 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,170 |
By restraining the ability of Cuban students to access information and engage in scholarly discourse, Cuba's ability to foster and fully utilize its human capital in the pursuit of economic growth is severely curtailed. n68 For example, Cuba's students, ranging from primary school to the university level, cannot access a variety of internet databases, web [*436] pages, or scientific and technical journals and publications essential to the scholarly enterprise. n69 Nor do academics "have access to up-to-date works from United States writers or research and education centres." n70 Moreover, without high-bandwidth internet lines and open access to internet resources, Cuba's library system cannot effectively deliver information to the Cuban people, and information exchanges with scientific and academic networks in different countries is impeded. n71 Despite its heavy investment in education, Cuba is at risk of experiencing a shortage of well-educated, well-trained workers--a deficiency that can undermine and distort patterns of growth. n72
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
By restraining the ability of Cuban students to access information and engage in scholarly discourse, Cuba's ability to foster and fully utilize its human capital in the pursuit of economic growth is severely curtailed For example, Cuba's students, ranging from primary school to the university level, cannot access a variety of internet databases or scientific and technical journals Moreover, without high-bandwidth internet lines and open access to internet resources, Cuba's library system cannot effectively deliver information to the Cuban people, Despite its heavy investment in education, Cuba is at risk of experiencing a shortage of well-educated, well-trained workers--a deficiency that can undermine and distort patterns of growth
|
(--) Embargo undermines ability of Cuban students to gain access to scholarly discourse:
| 1,051 | 88 | 742 | 152 | 13 | 107 | 0.085526 | 0.703947 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,171 |
By constraining its ability to import materials and technical knowledge, the embargo subverts the Cuban government's efforts to create new infrastructure--a prerequisite to economic and industrial development. n73 A "stable supply of construction materials, tools and [technological] equipment" is necessary for infrastructural development; without such a supply, Cuba encounters great difficulties constructing and maintaining even the most basic projects such as human settlements. n74 The generally poor state of the Cuban infrastructure also severely limits the country's capacity to trade, process food, distribute water, and produce agricultural goods. n75 A working infrastructure is "a key factor in a country's economic development because it facilitates the movement of goods, services and people . . . [and] induce[s] economic activity." n76 The [*437] damage wrought on Cuba's infrastructure by the U.S. blockade makes it exceedingly more difficult, and in some instances impossible, to create the infrastructure essential for normal rates and patterns of growth, let alone the normal functioning of a society. n77
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
By constraining its ability to import materials and technical knowledge, the embargo subverts the Cuban government's efforts to create new infrastructure--a prerequisite to economic and industrial development A "stable supply of construction materials, tools and [technological] equipment" is necessary for infrastructural development; Cuba encounters great difficulties constructing and maintaining even the most basic projects such as human settlements The generally poor state of the Cuban infrastructure also severely limits the country's capacity to trade, process food, distribute water, and produce agricultural goods. The damage wrought on Cuba's infrastructure by the U.S. blockade makes it exceedingly more difficult, and in some instances impossible, to create the infrastructure essential for normal rates and patterns of growth, let alone the normal functioning of a society.
|
(--) Embargo undermines Cuban government’s ability to build infrastructure:
| 1,126 | 75 | 888 | 161 | 9 | 122 | 0.055901 | 0.757764 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,172 |
The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, n12 also referred to as the Helms-Burton Act, is one of the most recent [*911] examples of extraterritorial legislation. n13 In an effort to promote the downfall of Fidel Castro's communist regime and facilitate Cuba's transition to democracy, this legislation attempts to deter foreign investment in, and foreign trade with Cuba. n14 Title III of the Helms-Burton Act provides the means of deterrence, n15 by broadly imposing civil liability for engaging in commercial activity related to property located in Cuba that [*912] the Castro regime n16 confiscated from United States citizens n17 and then expropriated and nationalized after it came to power in 1959. n18
|
Bret A. Sumner, 1997 (Catholic University Law Review, “DUE PROCESS AND TRUE CONFLICTS: THE CONSTITUTIONAL LIMITS ON EXTRATERRITORIAL FEDERAL LEGISLATION AND THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD) ACT OF 1996,” 46 Cath. U.L. Rev. 907, Lexis, Accessed 2/25/2013, rwg)
|
The Cuban Liberty and Democratic Solidarity of 1996 also referred to as the Helms-Burton Act, is one of the most recent examples of extraterritorial legislation In an effort to promote the downfall of Fidel Castro's communist regime and facilitate Cuba's transition to democracy, this legislation attempts to deter foreign investment in, and foreign trade with Cuba Title III of the Helms-Burton Act provides the means of deterrence by broadly imposing civil liability for engaging in commercial activity related to property located in Cuba that the Castro regime confiscated from United States citizens and then expropriated and nationalized after it came to power in 1959
|
(--) Helms-Burton creates extraterritorial legislation to deter investment & trade with Cuba:
| 735 | 93 | 673 | 115 | 12 | 104 | 0.104348 | 0.904348 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,173 |
Upon its enactment, the Helms-Burton Act immediately provoked unparalleled hostile reactions from the international community, especially the major trading partners of the United States, including Canada, Mexico, and the European Union. n19 Opponents of this controversial legislation [*913] contend that it violates numerous precepts of international law. n20 Arguing that Helms-Burton violates international law, however, would be a needless expenditure of energy for a foreign defendant in a United States court n21 because the congressional intent for the expansive extraterritorial [*914] reach of Helms-Burton could not have been more explicit. n22 Nevertheless, the extraterritorial application of Helms-Burton must comply with constitutional due process requirements for United States courts to exercise personal jurisdiction n23 over foreign defendants. n24
|
Bret A. Sumner, 1997 (Catholic University Law Review, “DUE PROCESS AND TRUE CONFLICTS: THE CONSTITUTIONAL LIMITS ON EXTRATERRITORIAL FEDERAL LEGISLATION AND THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD) ACT OF 1996,” 46 Cath. U.L. Rev. 907, Lexis, Accessed 2/25/2013, rwg)
|
Upon its enactment, the Helms-Burton Act immediately provoked unparalleled hostile reactions from the international community, especially the major trading partners of the U S including Canada, Mexico, and the E U Opponents of this controversial legislation contend that it violates numerous precepts of international law the extraterritorial application of Helms-Burton must comply with constitutional due process requirements for United States courts to exercise personal jurisdiction over foreign defendants
|
(--) Helms-Burton violates international law:
| 866 | 45 | 510 | 117 | 5 | 68 | 0.042735 | 0.581197 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,174 |
This Comment will examine the unilateral trade embargo imposed on Cuba by the United States in light of the role of international law in our constitutional system. Part I provides a brief overview of the embargo itself, as it exists in U.S. domestic law. Part II traces the evolution of the right to development as an international legal norm, highlighting its codification in treaty and crystallization as a norm of customary international law. Part III chronicles some of the devastating effects wrought by the all-encompassing nature of the embargo. Specifically, it focuses on the two areas in which international law and international legal norms are implicated: humanitarian consequences and development effects. After situating international law properly within the discussion of U.S. constitutionalism, Part IV demonstrates why the U.S. blockade of Cuba, which conflicts directly with Cuba's right to development, is unconstitutional in its present form. Finally, Part V provides several options for "reconstitutionalizing" the blockade. It advocates for outright repeal of the legislative enactments codifying the embargo. Though not the only option, this is both the most expedient solution to the constitutional questions posed by the Cuban embargo and the only practical way to promote future compliance with international law.
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
This Comment will examine the unilateral trade embargo imposed on Cuba by the United States in light of the role of international law in our constitutional system Part V advocates for outright repeal of the legislative enactments codifying the embargo. Though not the only option, this is both the most expedient solution to the constitutional questions posed by the Cuban embargo and the only practical way to promote future compliance with international law.
|
(--) Repealing the legislative enactments of the embargo is the best way to bolster international law:
| 1,339 | 102 | 460 | 200 | 16 | 73 | 0.08 | 0.365 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,175 |
Congress also can use its legislative authority to express its clear intent to enforce a statute even though the statute may violate international law. In applying domestic law, courts consistently have recognized Congress' power to violate international norms. n273 By expressly stating an intent to violate international law, Congress will prevent domestic courts from construing legislation narrowly.Statutes that expressly flout international law, however, may set a dangerous international precedent. In general, countries do not wish to be perceived as outside the international legal system. Furthermore, the United States would not want to undermine a system from which it benefits.
|
Fairey 97 (April 1997, W. Fletcher Fairey is a Member, The American University Law Review, Vol. 46; J.D. Candidate, May 1998, Washington College of Law, American University; M.A., 1991, University of Colorado at Boulder; B.A., 1987, Davidson College. The author wishes to acknowledge the Office of General Counsel for Export Administration, Department of Commerce, and, in particular, its Deputy Chief Counsel, Cecil Hunt, for their valuable guidance during the selection of this topic and the early drafts of this Comment. The American University Law Review. ”COMMENT: THE HELMS-BURTON ACT: THE EFFECT OF INTERNATIONAL LAW ON DOMESTIC IMPLEMENTATION” Lexis Nexis) NS
|
Statutes that expressly flout international law may set a dangerous international precedent countries do not wish to be perceived as outside the international legal system the U S would not want to undermine a system from which it benefits.
|
Flaunting international law undermines the development of international law:
| 690 | 77 | 240 | 99 | 9 | 39 | 0.090909 | 0.393939 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,176 |
Can the international legal system, which is consensual by nature, resolve the issues raised by transboundary pollution? Many scholars do not believe that the international legal system has developed to the point where independent states will give prospective attention to global environmental concerns. n41 Critics claim that the slow process by which usage evolves into customary international law is too time consuming, and further, that the obligations imposed on the parties in the process are not always clear. n42 Indeed, one writer has commented that the vague obligations of customary law may promote the use of "legal fictions" by encouraging parties in dispute to distort the facts so that an otherwise irrelevant custom will apply to their case. n43 Despite the doubt expressed by some commentators, traditional international law has demonstrated a respectable degree of success in addressing environmental problems. n44 As a result, a coherent body of international environmental law is emerging. n45 In fact, the progressive course of international environmental law initiatives directed towards abatement of air pollution clearly indicates that a solution to transboundary pollution is very close at hand.
|
Mark L. Glode, 1993 (Master's in Civil Engineering, University of Wisconsin-Milwaukee, Boston College Environmental Affairs Law Review, Fall 1993, 20 B.C. Envtl. Aff. L. Rev. 1, Lexis, accessed 7/23/2013, rwg)
|
Can the international legal system, which is consensual by nature, resolve the issues raised by transboundary pollution? Despite the doubt expressed by some commentators, traditional international law has demonstrated a respectable degree of success in addressing environmental problems a coherent body of international environmental law is emerging. the progressive course of international environmental law initiatives directed towards abatement of air pollution clearly indicates that a solution to transboundary pollution is very close at hand.
|
(--) Critics are wrong: international law is effective at solving environmental concerns:
| 1,220 | 89 | 548 | 183 | 12 | 74 | 0.065574 | 0.404372 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,177 |
International legal instruments, including binding conventions, protocols, and nonbinding guidelines, constitute increasingly important mechanisms for achieving bilateral and multilateral cooperation in the field of the environment.2 Because there is no global entity with power to enforce such instruments, their effectiveness depends on voluntary compliance. One factor favoring compliance is the current resurgence in environmental awareness at both national and international levels. The interplay between environmental and economic considerations also affects compliance. Short-term economic imperatives may undermine compliance, resulting in long-term environmental damage. Environmental protection measures may inadvertently foster black markets3 or operate as unfair trade barriers,4 further hampering compliance. Observed changes in environmental quality can provide a yardstick for measuring the effectiveness of international environmental instruments.5 Since its inception in 1972, the United Nations Environment Programme (UNEP) has played a significant role in the development of international environmental law
|
Petsonk 90- Carol Annette Petsonk is a lawyer that practices in the fields of international and environmental law. "The Role of the United Nations Environment Programme (UNEP) in the Development of International Environmental Law." American University International Law Review 5, no. 2 (1990)
|
International legal instruments, including binding conventions, protocols, and nonbinding guidelines, constitute increasingly important mechanisms for achieving bilateral and multilateral cooperation in the field of the environment One factor favoring compliance is the current resurgence in environmental awareness at both national and international levels. The interplay between environmental and economic considerations also affects compliance. Short-term economic imperatives may undermine compliance, resulting in long-term environmental damage Observed changes in environmental quality can provide a yardstick for measuring the effectiveness of international environmental instruments the United Nations Environment Programme (UNEP) has played a significant role in the development of international environmental law
|
(--) International law Is key to the environment
| 1,125 | 48 | 822 | 139 | 8 | 99 | 0.057554 | 0.71223 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,178 |
International legislative activity began to flourish in the field of environmental law in the aftermath of the 1972 Stockholm Declaration7 which brought the world’s attention to the environmental question. Modern MEAs have evolved beyond a compendium of rules and regulations into international environmental regimes (IERs), viewed by Young and Levy as the ‘social institutions consisting of agreed upon principles, norms, rules, procedures, and programs that govern the interacions of actors in specific issue areas.’ 8 Legal discourse concerning effectiveness of MEAs and IERs spans across two decades, drawing from the rich scholarship that has evolved around international relations regime theory.9 Effectiveness of international regimes as a concept may assume many different meanings as numerous methods exist for assessing regime effectiveness.10 Commonly, the following are the two key evaluating factors of effectiveness: the impact of an international regime on the problems that it sets out to addresses; and employing the authority of a regime as a measurement of effectiveness – successful enforcement and compliance. Similar evaluating criteria are employed when analysing the effectiveness of individual MEAs. Chambers, for instance, accentuates as the principal measurement of MEA-effectiveness evaluation of the forecasted changes in the targeted behaviour and ultimately in the environment, while also nominating the following critical points of effectiveness:11 i) the level of compliance without enforceability through a system of sanctions and penalties; ii) the presence and successfulness of supplementary non-legal instruments that enhance enforcement (capacity-building); iii) treaty linkages, in particular conflicts with other international instruments that may impede upon effectiveness. All of the above criteria are also valid assessment criteria for IER effectiveness. Furthermore, the diffculty in evaluating the criteria to measure the level of impact lies in the challenge of distinguishing the many external influences that may have accounted for change in the regime’s target group or activity from the actual consequences of the regime’s rules and policies
|
Zovko- PhD (2005), Faculty of Law University of Sydney, Australia. The author was one of the participants of the 2005 University of Joensuu – UNEP Course on International Environmental Law-making and Diplomacy (No Date) http://www.peacepalacelibrary.nl/ebooks/files/C08-0030-Zovko-International.pdf
|
International legislative activity began to flourish in the field of environmental law in the aftermath of the 1972 Stockholm Declaration7 which brought the world’s attention to the environmental question. Modern MEAs have evolved beyond a compendium of rules and regulations into international environmental regimes (IERs), Legal discourse concerning effectiveness of MEAs and IERs spans across two decades, drawing from the rich scholarship that has evolved around international relations regime theory.9
|
(--) International law is strong in environmental purposes
| 2,193 | 58 | 506 | 309 | 8 | 70 | 0.02589 | 0.226537 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,179 |
Perhaps these considerations are strong enough to carry the day. But I want to suggest a different kind of reason--one that confronts deeper issues of constitutional structure and theory. The claim is this. The United States will increasingly find itself seeking international and supranational regulation of cross-border issues, such as terrorism and human and drug trafficking, environmental degradation, high seas whaling and fishing, telecommunications, antitrust, international banking and money laundering, international migration, disease control, and aviation. The list here is merely suggestive. Few issues today have impacts only within the territorial borders of a single state--and even those that appear to affect only nation-state members (such as human rights violations) are nonetheless often seen as of concern to the world community of states. The recent instances of unilateralism and isolationism in U.S. foreign policy--the "unsigning" of the Rome Statute of the International Criminal Court, n79 [*104] the failure to ratify the Kyoto Protocol on climate change n80 and the land mines treaty, n81 and, most significantly, the failure to obtain Security Council authorization for the war in Iraq--are far outbalanced by the literally thousands of international agreements to which the United States is a party and to which it conforms its conduct on a daily basis, as well as its approval of major multilateral conventions, such as the World Trade Organization Agreement, and novel new agreements, such as the Framework Convention on Tobacco Control. As the world pursues multinational regulatory efforts in new fields, the United States will seek to join and influence many or most of them--not, primarily, from a sense of universalism or world moralism, but from flinty evaluations of national interest. It is important, therefore, to foster opportunities for talking the talk of internationalism in domestic contexts. The Incompatibility Statute, I will argue, can be one such effort.¶ The problem is that new efforts at multilateral governance fit somewhat awkwardly into our constitutional story of a self-governing people. The current narrative puts sovereignty in a nation-state box. To permit commands from outside the box to intrude would be to that extent to cede sovereignty. In the American case, the damage is not just to national sovereignty; it also undercuts the fundamental legitimating constitutional narrative: that the state has the authority to operate within the box because those who exercise power within the box do so under terms set by We the People and are accountable to We the People for the faithful execution of their duties. The idea of popular sovereignty, then, has a dual legitimating function. It provides a positive description of the construction of the sovereignty box (We the People adopted the Constitution) and also its normative basis (the forms of government established under the Constitution are legitimate because we established it and because we choose those who exercise our delegated power). Law from outside the box, therefore, cuts deeply. It both creates leakage--that is, sovereignty does not remain fully within the box--and subjects our agents to orders not of our making.¶ Internationalists do not often come to grips with these concerns, content to recite that "international law is part of our law." But if the domestic reception of international law is to develop, constitutional theory and practice must open up the sovereignty box. n82 One possibility is to seek an amendment to the Constitution that expressly acknowledges the legitimacy of law made outside the United States and beyond the control of U.S. policymakers--just as some European states found it necessary to amend their constitutions in order to embrace the institutions and powers of the European Union. n83 But for a host of obvious reasons, the amendment route is difficult to navigate. Moreover, it is unnecessary. We have before us the opportunity to "grow" our constitutional narrative, either to work within a reconfigured sovereignty box to make space for international law or to move slowly and carefully beyond the dominant narrative. n84
|
T. Alexander Aleinikoff, 2004 (Associate Dean for research @ Georgetown University Law Center, Jan, 98 A.J.I.L. 91, Lexis, Accessed, 7/23/2013, rwg)
|
The U S will increasingly find itself seeking international and supranational regulation of cross-border issues, such as terrorism and human and drug trafficking, environmental degradation international migration, disease control, and aviation As the world pursues multinational regulatory efforts in new fields, the United States will seek to join and influence many or most of them It is important, therefore, to foster opportunities for talking the talk of internationalism in domestic contexts Law from outside the box, therefore, cuts deeply. It both creates leakage--that is, sovereignty does not remain fully within the box--and subjects our agents to orders not of our making. We have before us the opportunity to "grow" our constitutional narrative, either to work within a reconfigured sovereignty box to make space for international law or to move slowly and carefully beyond the dominant narrative
|
(--) Bolstering of international law is crucial to solve a multitude of existential threats:
| 4,196 | 92 | 909 | 647 | 14 | 136 | 0.021638 | 0.210201 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,180 |
Although international law is mostly made between States or in relation to States, its effects are broader and can also affect other entities. Sometimes these are called ‘non-State actors’ and include individuals, corporations, armed militant groups, groups that wish to secede or break away from a State, and other collective groups of people, such as minorities (ethnic, religious, linguistic) and Indigenous peoples. The modern system of international law developed in Europe from the 17th century onwards and is now accepted by all countries around the world. The rules and principles of international law are increasingly important to the functioning of our interdependent world and include areas such as: telecommunications, postal services and transportation (such as carriage of goods and passengers); international economic law (including trade, intellectual property and foreign investment); international crimes and extradition; human rights and refugee protection; the use of armed force by States and non-State actors; counter-terrorism regulation (see Hot Topics 58: Terrorism); nuclear technology, protection of the environment; and use of the sea, outer space and Antarctica.
|
Stratton 09-(Jane, Hot Topic: Legal Issues in Plain Language, “International Law”, http://www.legalanswers.sl.nsw.gov.au/hot_topics/pdf/international_69.pdf, AMJ)
|
The rules and principles of international law are increasingly important to the functioning of our interdependent world and include areas such as: telecommunications, postal services and transportation international economic law international crimes and extradition; human rights and refugee protection; the use of armed force counter-terrorism regulation ; nuclear technology, protection of the environment; and use of the sea, outer space and Antarctica.
|
(--) International law good-important for the functioning world in a variety of areas
| 1,192 | 86 | 458 | 171 | 13 | 62 | 0.076023 | 0.362573 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,181 |
This distinction is more easily accepted with a clearer understanding of what motivates compliance with international law. The reason “almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time” is not because states feel obliged to under the law, but because the systems and benefits created by the laws are favorable. States reap immeasurable economic and security benefits from the relatively peaceful borders, global trade, and open air and sea navigation that the international legal regime provides; and they will continue to follow its tenets so long as they cannot find a greater opportunity outside the system. International law was born from the practice of “states pursuing their interests to achieve mutually beneficial outcomes” and it survives only “to the degree to which it continues to serve those interests.” Through this lens, international law can be examined from the perspective of the domestic interests of states and how these dictate international law rather than vice-versa. The WTO stands as an example “of an institution that is best understood as resolving bilateral disputes between states ”and the UN helps to coordinate cooperation between the states.
|
Petallides 12-International Politics at Georgetown University (Constantine J., Student Pulse, “International Law Reconsidered,” http://www.studentpulse.com/articles/715/international-law-reconsidered-is-international-law-actually-law, AMJ)
|
The reason almost all nations observe almost all principles of international law is because the systems and benefits created by the laws are favorable. States reap immeasurable economic and security benefits from the relatively peaceful borders, global trade, and open air and sea navigation that the international legal regime provides International law was born from the practice of “states pursuing their interests to achieve mutually beneficial outcomes”
|
(--) International law good-provides economic and security benefits and produces mutually beneficial outcomes
| 1,253 | 109 | 458 | 195 | 13 | 67 | 0.066667 | 0.34359 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,182 |
In 1944, the close of the Second World War brought together world leaders in Bretton Woods in an effort to create a new world order. Conscious of the contribution that economic instability had made to the commencement of the war, the architects of the new system set about to create an international economic order that would avoid the perils of the interwar period and promote world peace. This vision perceived the international economic order as one in which the utilitarian, wealth- producing benefits of economic relations would be re-embedded into their social and political context. In short, the new international economic order viewed prosperity primarily as a means to an end and not as an end in and of itself. The ultimate aim of the new order, thus, would be to enhance human welfare.
|
Choudhury 2012-Assitant Professor at Queen Mary University of London (Barnali, International Investment Law as a Public Good, http://law.lclark.edu/live/files/14087-lcb172art5choudhurypdf, AMJ)
|
the new system set about to create an international economic order that would promote world peace. This vision perceived the international economic order as one in which the utilitarian, wealth- producing benefits of economic relations would be re-embedded into their social and political context. The ultimate aim of the new order would be to enhance human welfare.
|
(--) International law good-promotes world peace and enhances human welfare
| 797 | 75 | 366 | 134 | 10 | 57 | 0.074627 | 0.425373 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,183 |
International law is a mean to an end; and that end is to facilitate international intercourse in a way, which preserves international peace and security, promotes sustainable development and upholds fundamental human rights. In today’s interdependent and interconnected world, this ‘global village’, knowing at least some basics about international law is helpful for any student of law. So, yes, a number of international law courses should have their place in the curricula of the universities. Among others higher education is about widening one’s horizon beyond one’s own national borders. It is not helpful through to put international law courses in the first year. As it is difficult to start building a house from the roof, it is difficult to study international law or teach it to a student that has not yet had a course on constitutional law, criminal law or civil law. Engaging in a in-depth discussion on a international criminal law issue with someone that has not yet had the opportunity to study domestic criminal law would be difficult, right?
|
Zyberi 09-Norwegian Center for Human Rights, Amsterdam Center for International Law (Gentian, International Law Observer, “Debate on International Law: Its Importance and Place in Curricula, http://www.internationallawobserver.eu/2009/09/24/debate-on-international-law-importance-and-teaching/, AMJ)
|
International law is a mean to an end; and that end is to facilitate international intercourse in a way, which preserves international peace and security, promotes sustainable development and upholds fundamental human rights.
|
(--) International law good-preserves international peace, promotes development, and upholds human rights
| 1,060 | 105 | 225 | 172 | 12 | 33 | 0.069767 | 0.19186 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,184 |
An important aspect of international law is resolving international disputes, but it is only one part. Like any legal system, international law is designed to regulate and shape behavior, to prevent violations, and to provide remedies for violations when they occur.
|
Stratton 09-(Jane, Hot Topic: Legal Issues in Plain Language, “International Law”, http://www.legalanswers.sl.nsw.gov.au/hot_topics/pdf/international_69.pdf, AMJ)
|
An important aspect of international law is resolving international disputes international law is designed to regulate and shape behavior, to prevent violations, and to provide remedies for violations when they occur.
|
(--) International law good-resolves international disputes and prevents violence
| 266 | 81 | 217 | 41 | 9 | 31 | 0.219512 | 0.756098 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,185 |
Throughout its history, from its modern origins in the seventeenth century, international law has served the interests of the powerful and wealthy, but also contained the potential to protect the weak and vulnerable. It is truly both a sword and a shield, and this double reality has persisted up until the present era. Historically, international law lent a measure of legality to the colonial system, and allowed the West to set the rules for participation as a sovereign state on a global level. It also protected the interests of foreign investment in countries of the global South even when these were exploitative, and deprived countries of the benefits of resources situated within their territories. At the same time, international law was also appropriated by counter-hegemonic forces to contend that existing international arrangements were immoral and needed to be supplanted by new legal rules and procedures. The struggle against the international slave trade resulted in an international treaty that made slave trading unlawful and eventually led to the international condemnation of slavery as an institution.
|
Aksan and Bailes 12-(Cihan and Jon, Counter Punch, “The Future of International Law and Rights, http://www.counterpunch.org/2012/12/14/the-future-of-international-law-and-human-rights/, AMJ)
|
Throughout its history international law has served the interests of the powerful and wealthy, but also the weak and vulnerable international law was also appropriated by counter-hegemonic forces to contend that existing international arrangements were immoral and needed to be supplanted by new legal rules and procedures. The struggle against the international slave trade resulted in an international treaty that made slave trading unlawful and eventually led to the international condemnation of slavery as an institution.
|
(--) International law can serve counter-hegemonic purposes:
| 1,124 | 60 | 526 | 174 | 7 | 76 | 0.04023 | 0.436782 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,186 |
However, international law has witnessed a tremendous evolution in both substantive and institutional terms. There is virtually no area of international interest, which is not, in one way or another, governed by international law. Institutions have been established that provide for important mechanisms to facilitate international cooperation and compliance with international law. While international law was initially conceived of as governing the relations among States, it has now developed into a dense web of rules and institutions that address and govern non-State actors, such as international organizations and even the individual. Most significantly, in many areas international law has pierced the shield of sovereignty to reach far into the domestic affairs of States. Today, governments can be held accountable for human rights violations and individuals can be tried for violations of international criminal law, to name but a few examples.
|
Schoiswohl 12-Legal Officer at the Department of Legal Affairs (Michael, Inter Pares, “Why is International Law Important?” http://interparespaper.ca/2012/08/why-is-international-law-important/, AMJ)
|
international law has witnessed tremendous evolution international law has now developed into a dense web of rules and institutions that address and govern non-State actors, such as international organizations and even the individual international law has pierced the shield of sovereignty to reach far into the domestic affairs of States. Today, governments can be held accountable for human rights violations and individuals can be tried for violations of international criminal law
|
(--) International law good-helps governments be held accountable for human rights
| 955 | 82 | 484 | 140 | 11 | 71 | 0.078571 | 0.507143 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,187 |
See, e.g., Donnelly, supra, at 482-89 ("If a right to development were enshrined in these documents, as is often claimed, it would indeed be firmly established as a human right in international law. In fact, however, it is not."). Such views, however, tend to obfuscate substance of international human rights law and over-simplify the process by which international human rights norms develop. See Marks, supra, at 138. Granted, the International Bill of Human Rights does not explicitly define a human right to development as such, but it provides both the conceptual framework for envisioning a fundamental right to development and the substantive underpinnings of the right. See U.N. Charter arts. 55-56; Universal Declaration of Human Rights, supra note 6, art. 28; International Covenant on Civil and Political Rights, supra note 6, art. 1; International Covenant on Economic, Social and Cultural Rights, supra note 6, art. 1; see also The Secretary-General, Report of the Secretary-General on the International Dimensions of the Right to Development as a Human Right in Relation with Other Human Rights Based on International Cooperation, Including the Right to Peace, Taking into Account the Requirements of the New International Economic Order and the Fundamental Human Needs, PP 57-63, Delivered to the General Assembly, U.N. Doc. E/CN.4/1334 (Jan. 2, 1979) (enumerating the relevant provisions in the various foundational instruments implying and indeed defining the right to development, concluding that "the legal norms relevant to the right to development are to be found primarily in the Charter of the United Nations and the International Bill of Human Rights").
|
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
|
If a right to development were enshrined in these documents, as is often claimed, it would indeed be firmly established as a human right in international law. In fact, however, it is not." Such views, however, tend to obfuscate substance of international human rights law and over-simplify the process by which international human rights norms develop Granted, the International Bill of Human Rights does not explicitly define a human right to development as such, but it provides both the conceptual framework for envisioning a fundamental right to development and the substantive underpinnings of the right the legal norms relevant to the right to development are to be found primarily in the Charter of the United Nations and the International Bill of Human Rights
|
(--) Extend our Manchak evidence—the Cuban embargo violates the right to development—the failure to include the right to development in international law justifies genocide—our Diamond evidence indicates genocide causes a nuclear war.
| 1,678 | 234 | 767 | 258 | 32 | 123 | 0.124031 | 0.476744 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,188 |
Development is a human right.¶ The United Nations Declaration on the Right to Development unequivocally establishes development as a right and puts people at the centre of the development process. ¶ The groundbreaking document, adopted by the United Nations General Assembly on 4 December 1986, first proclaimed this inalienable right, declaring that everyone is ”entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized.”¶ It belongs to everyone¶ The pursuit of economic growth is not an end in itself. The Declaration clearly states that development is a comprehensive process aiming to improve “the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution” of the resulting benefits. Like all human rights, the right to development belongs to all individuals and peoples, everywhere, without discrimination and with their participation. The Declaration recognizes the right to self-determination and to full sovereignty over natural wealth and resources.¶ 25th anniversary¶ This year marks the Declaration’s 25th anniversary. Yet many children, women and men – the very subjects of development – still live in dire need of the fulfillment of their entitlement to a life of dignity, freedom and equal opportunity. This directly affects the realization of a wide range of civil, political, economic, social and cultural rights. High Commissioner for Human Rights Navi Pillay has called on governments and all concerned to seize the opportunity of this anniversary to move beyond political debate and focus on practical steps to implement the Declaration.¶ "I am duty-bound to raise this anniversary call. We must end discrimination in the distribution of the benefits of development. We must stop the 500,000 preventable deaths of women in childbirth every year. We must free the millions of children from hunger in a world of plenty. And we must ensure that people can benefit from their country’s natural resources and participate meaningfully in decision-making. These are the kind of issues addressed by the Declaration, which calls for equal opportunity and a just social order. … It’s not an act of nature that leaves more than one billion people around the world locked in the jaws of poverty. It’s a result of the denial of their fundamental human right to development."
|
UN 11 – United Nations (2011, United Nations, “25th Anniversary of the Declaration on the Right to Development¶ ,” http://www.un.org/en/events/righttodevelopment/, ADL)
|
Development is a human right.¶ The U N Declaration on the Right to Development establishes development as a right The Declaration is aiming the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution” of the resulting benefits The Declaration recognizes the right to self-determination and to full sovereignty over natural wealth and resources. High Commissioner for Human Rights Navi Pillay has called on governments We must end discrimination in the distribution of the benefits of development stop the 500,000 preventable deaths of women free the millions of children from hunger ensure that people can benefit from their country’s natural resources and participate meaningfully in decision-making These issues addressed by the Declaration which calls for equal opportunity and a just social order
|
(--) Declaration on the right to development is good; prevents humanitarian suffering
| 2,512 | 85 | 911 | 391 | 12 | 138 | 0.030691 | 0.352941 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,189 |
Armed conflict is as old as humankind itself. There have always been customary practices in war, but only in the last 150 years have States made international rules to limit the effects of armed conflict for humanitarian reasons. The Geneva Conventions and the Hague Conventions are the main examples. Usually called international humanitarian law (IHL), it is also known as the law of war or the law of armed conflict.¶ International humanitarian law is part of the body of international law that governs relations between States. IHL aims to limit the effects of armed conflicts for humanitarian reasons. It aims to protect persons who are not or are no longer taking part in hostilities, the sick and wounded, prisoners and civilians, and to define the rights and obligations of the parties to a conflict in the conduct of hostilities.¶
|
ICRC 10 – International Committee of the Red Cross (10/29/10, “War and international humanitarian law,” http://www.icrc.org/eng/war-and-law/overview-war-and-law.htm, ADL)
|
rules limit the effects of armed conflict for humanitarian reasons international humanitarian law governs relations between States aims to protect persons no longer taking part in hostilities, the sick and wounded, prisoners and civilians, and to define the rights of parties
|
(--) Humanitarian laws are good; protect rights and people
| 839 | 58 | 275 | 139 | 9 | 41 | 0.064748 | 0.294964 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,190 |
In examining the specific dictates of the American Declaration which are of relevance in¶ determining the compatibility of the CDA with U.S. human rights obligations, the following should¶ be noted:¶ Art. I provides: -Every human being has the right to life, liberty and the security of his person.”¶ Art. VII provides: “All women, during pregnancy and the nursing period, and all children¶ have the right to special protection, care and aid.”¶ Most notably, Art. XI provides: ‘Every person has the right to the preservation of his health¶ though sanitary and social measure relating to food, clothing, housing and medical care, to the¶ extent permitted by public and community resources.”¶ These articles impose an affirmative duty on the government of each state to ensure these¶ protections to its citizens and residents. Likewise, the Declaration and OAS Charter require that¶ each state must refrain from taking actions which would hinder or prevent other states from¶ carrying out these obligations. As is discussed elsewhere in this report, the U.S. restrictions on the¶ sates of medicines to Cuba .directly impact the ability of the Cuban population to preserve its health¶ through adequate and proper medical care.”
|
Krinsky 2001. (“CHAPTER NINE,INTERNATIONAL LAW & THE EMBARGO,” http://www.medicc.org/resources/documents/embargo/Chapter%20Nine.pdf, ADL)
|
the specific dictates of the American Declaration which are of relevance with U.S. human rights obligations Art. I provides right to life, liberty and the security of person Art. VII All women and all children¶ have the right to special protection, care and aid. Art. XI provides right to the preservation of his health¶ though sanitary and social measure relating to food, clothing, housing and medical care, the Declaration and OAS Charter require that¶ each state must refrain from taking actions which would hinder or prevent other states from¶ carrying out these obligations the U.S. restrictions on the¶ sates of medicines to Cuba .directly impact the ability of the Cuban population to preserve its health
|
Cuban Embargo violates OAS Charter:
| 1,224 | 35 | 712 | 192 | 5 | 115 | 0.026042 | 0.598958 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,191 |
In this context, the OAS bases its work on four mutually reinforcing pillars: democracy, human rights, multidimensional security and integral development. To put it simply: promoting democracy and strengthening security are essential for overall stability, which in turn helps to lay the groundwork for economic development and thereby contributes to raising the standard of living of all citizens and taking people out of poverty. It is a virtuous circle which the OAS is working to close, through a dynamic agenda of cooperation, capacity-building and institutional strengthening, in response to the needs of its member states.
|
Dr. Riyad Insanally, 9/20/2010 (OAS Representative in Trinidad and Tobago, “The OAS is indispensable,” http://bizjournalonline.com/?p=876, Accessed 7/23/2013, rwg)
|
the OAS bases its work on four mutually reinforcing pillars: democracy, human rights, multidimensional security and integral development. To put it simply: promoting democracy and strengthening security are essential for overall stability, which in turn helps to lay the groundwork for economic development and thereby contributes to raising the standard of living of all citizens and taking people out of poverty. It is a virtuous circle which the OAS is working to close, through a dynamic agenda of cooperation,
|
(--) OAS is key to democracy:
| 629 | 29 | 514 | 95 | 6 | 79 | 0.063158 | 0.831579 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,192 |
Over the past two decades, Latin America has been undergoing a transcendental period of political transformation, as dictatorship has given way to democracy and the rule of law, and the OAS has been playing a vital role in helping to safeguard and consolidate democracy. This process was bolstered in 2001 with the unanimous adoption of the Inter-American Democratic Charter, which, inter alia, recognizes that “democracy is essential for the social, political, and economic development of the peoples of the Americas”.
|
Dr. Riyad Insanally, 9/20/2010 (OAS Representative in Trinidad and Tobago, “The OAS is indispensable,” http://bizjournalonline.com/?p=876, Accessed 7/23/2013, rwg)
|
Over the past two decades, Latin America has been undergoing a transcendental period of political transformation, as dictatorship has given way to democracy and the OAS has been playing a vital role in helping to safeguard and consolidate democracy.
|
(--) OAS is key to safeguarding and consolidating democracy:
| 519 | 60 | 249 | 80 | 9 | 39 | 0.1125 | 0.4875 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,193 |
The Democratic Charter also inherently recognizes that democracy does not depend on the holding of elections alone and the OAS has developed its work programme accordingly. In the area of human rights, the OAS supports the autonomous work of the Inter-American Human Rights Commission and the Inter-American Court of Human Rights, which are the organs that the OAS Charter and the Inter-American Convention of Human Rights have authorized to pronounce on cases and situations in member states. In addition, the OAS is working to end all forms of discrimination and to protect the rights of the marginalized in society and those of indigenous peoples. The OAS also places a high premium on youth affairs and women’s issues. Through the Inter-American Commission of Women, for example, there is a strong focus on ending violence against women and promoting equal employment opportunities and women’s rights in health and education.
|
Dr. Riyad Insanally, 9/20/2010 (OAS Representative in Trinidad and Tobago, “The OAS is indispensable,” http://bizjournalonline.com/?p=876, Accessed 7/23/2013, rwg)
|
the OAS is working to end all forms of discrimination The OAS also places a high premium on youth affairs and women’s issues. Through the Inter-American Commission of Women, for example, there is a strong focus on ending violence against women and promoting equal employment opportunities and women’s rights in health and education.
|
OAS solves for discrimination against women:
| 929 | 44 | 332 | 147 | 6 | 53 | 0.040816 | 0.360544 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,194 |
A clearly visible element in the escalating tensions among militarized nations is the macho posturing and the patriarchal ideal of dominance, not parity, which motivates defense ministers and government leaders to “strut their stuff” as we watch with increasing horror. Most men in our patriarchal culture are still acting out old patterns that are radically inappropriate for the nuclear age. To prove dominance and control, to distance one’s character from that of women, to survive the toughest violent initiation, to shed the sacred blood of the hero, to collaborate with death in order to hold it at bay all of these patriarchal pressures on men have traditionally reached resolution in ritual fashion on the battlefield. But there is no longer any battlefield. Does anyone seriously believe that if a nuclear power were losing a crucial, large-scale conventional war it would refrain from using its multiple-warhead nuclear missiles because of some diplomatic agreement? The military theater of a nuclear exchange today would extend, instantly or eventually, to all living things, all the air, all the soil, all the water. If we believe that war is a “necessary evil,” that patriarchal assumptions are simply “human nature,” then we are locked into a lie, paralyzed. The ultimate result of unchecked terminal patriarchy will be nuclear holocaust.
|
Betty Reardon, 1993 Director, Peace Education Program, Columbia, WOMEN AND PEACE, 1993, pp. 30-1.
|
A clearly visible element in the escalating tensions among militarized nations is the macho posturing and the patriarchal ideal of dominance, not parity, which motivates defense ministers and government leaders to “strut their stuff” as we watch with increasing horror. Most men in our patriarchal culture are still acting out old patterns that are radically inappropriate for the nuclear age. The military theater of a nuclear exchange today would extend, instantly or eventually, to all living things, all the air, all the soil, all the water. If we believe that war is a “necessary evil,” that patriarchal assumptions are simply “human nature,” then we are locked into a lie, paralyzed. The ultimate result of unchecked terminal patriarchy will be nuclear holocaust.
|
PATRIARCHY RISKS NUCLEAR WAR
| 1,352 | 28 | 769 | 213 | 4 | 121 | 0.018779 | 0.568075 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,195 |
The OAS takes a holistic approach to security, through its Secretariat for Multidimensional Security, which coordinates the work of the Inter-American Drug Abuse Control Commission, the Inter-American Committee against Terrorism and the Department of Public Security. The focus is on training programmes, exchanges of experience, judicial reform and the strengthening of crime databases, to address trans-national security threats such as narco-trafficking, money laundering, terrorism and trafficking in persons and arms.
|
Dr. Riyad Insanally, 9/20/2010 (OAS Representative in Trinidad and Tobago, “The OAS is indispensable,” http://bizjournalonline.com/?p=876, Accessed 7/23/2013, rwg)
|
The OAS takes a holistic approach to security The focus is on training programmes, exchanges of experience, judicial reform and the strengthening of crime databases, to address trans-national security threats such as narco-trafficking, money laundering, terrorism and trafficking in persons and arms.
|
(--) OAS solves narco-trafficking:
| 522 | 34 | 300 | 70 | 4 | 42 | 0.057143 | 0.6 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,196 |
As Assistant Secretary General Albert Ramdin, said to the OAS Permanent Council earlier this year, “I believe that the OAS is indispensable… it remains the only hemispheric political entity in the Americas with a broad mandate to strengthen the peace and security of the continent and to facilitate common action to address the many cross-border challenges our countries face.”
|
Dr. Riyad Insanally, 9/20/2010 (OAS Representative in Trinidad and Tobago, “The OAS is indispensable,” http://bizjournalonline.com/?p=876, Accessed 7/23/2013, rwg)
|
the OAS is indispensable… it remains the only hemispheric political entity in the Americas with a broad mandate to strengthen the peace and security of the continent and to facilitate common action to address the many cross-border challenges our countries face
|
(--) OAS is critical to facilitate action to solve cross-border challenges:
| 377 | 75 | 260 | 59 | 11 | 41 | 0.186441 | 0.694915 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,197 |
According to TNB, 26% of the country's total CO2 emissions in 2006 were jettisoned into the atmosphere by the electricity and energy industry sector - and this is largely through the use of fossil fuels such as coal, gas and other other distillates.¶ The Massachuset ts-based Union of Concerned Scientists (UCS) says burning coal generates smog, soot, acid rain and other toxic emissions known as green house gases. It also causes "waste heat" that contributes to global warming.
|
Joseph Masilamany, 2/14/2013 (staff writer, “Greening the coal-blooded,” http://www.power-eng.com/news/2013/02/14/greening-the-coal-blooded.html, Accessed 2/19/2013, rwg)
|
26% of the country's total CO2 emissions in 2006 were jettisoned into the atmosphere by the electricity and energy industry sector The UCS) says burning coal generates smog, soot, acid rain and other toxic emissions
|
(--) Air pollution does threaten extinction—extend our Masilamany evidence from 2/13—the world is losing the battle against air pollution—water systems are turning toxically rabid because of acid rain—35% of Europe’s forests are suffering from air pollution damage—our evidence is newer & better than their terminal impact defense, our Carroll evidence says this undermines human survival and the Earth’s ecosystem as a home for Homo sapiens hangs in the balance.
| 479 | 463 | 215 | 78 | 69 | 35 | 0.884615 | 0.448718 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,198 |
As floral stores gear up for the Valentine’s Day rush, Lake Naivasha in Kenya is drying up due to a growing global demand for flowers. By 2030, the demand for water will exceed available supply by 40 percent, Canadian water rights activist and bestselling author Maude Barlow said in a lecture Wednesday afternoon.¶ Barlow, who has been called “the Al Gore of water,” outlined major concerns and conflicts surrounding the global water supply and argued for the public’s right to access the resource. Some areas of the world are already in short supply.
|
Jessica Avitabile, 2/14/2013 (staff writer, “Barlow talks global water shortages,” http://thedartmouth.com/2013/02/14/news/water, Accessed 2/19/2013, rwg)
|
By 2030, the demand for water will exceed available supply by 40 percent, Barlow outlined major concerns and conflicts surrounding the global water supply and argued for the public’s right to access the resource. Some areas of the world are already in short supply.
|
(--) There are severe water shortages—extend our Daily Mail evidence—vast freshwater reserves equivalent in size to the Dead Sea have been lost in the Middle East in the last decade—you should prefer our evidence, it cites a NASA study that also says there will be shortages for decades to come. Our Nagel evidence says this threatens human survival.
| 552 | 350 | 265 | 93 | 58 | 44 | 0.623656 | 0.473118 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
4,199 |
Barlow emphasized that water shortages not only pose a threat to the Global South, but also to the United States and the developed world as well. Water shortages threaten 36 U.S. states, with the Southwest most at risk. The agriculture industry is the largest consumer of water, and current farming techniques are likely to become unsustainable in the near future due to the decreasing supply and growing cost of water, she said.
|
Jessica Avitabile, 2/14/2013 (staff writer, “Barlow talks global water shortages,” http://thedartmouth.com/2013/02/14/news/water, Accessed 2/19/2013, rwg)
|
Water shortages threaten 36 U.S. states, with the Southwest most at risk. The agriculture industry is the largest consumer of water, and current farming techniques are likely to become unsustainable in the near future due to the decreasing supply and growing cost of water,
|
(--) Current water use is unsustainable:
| 429 | 40 | 273 | 72 | 6 | 44 | 0.083333 | 0.611111 |
Cuba Embargo Courts Affirmative - SDI 2013.html5
|
Michigan State (SDI)
|
Affirmatives
|
2013
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.