Gordon Martin, VP of ALabama Power, "Global Climate Change," HC trustee, former lobbyist to the Congress. Prof. Jeff Baker, Jones School of Law, on Losers in Constitutional Law. Speakers from the Equal Justice Initiative, "Representing Indigent Defendants in Death Penalty Cases." Doug Marlette, political cartoonist (of Kudzu comic strip, and books), "Free Speech in a Politically Correct Age," Stallworth lecture. Political Cartoonist Doug Marlette, "Cartoons in a Politically Correct Age," in class. Montgomery County District Attorney Ellen Brooks. Ms. Vania Hosea, Jones School of Law, on law school application and survival. Mr. Marcus Melton, KPMG accountant and formerly policy analyst with GAO, on careers in public accounting. Judge Lucie McLemore, District Judge Seat 3. Sophia Bracy Harris, "Keepers of the Dream." Dr. Stephen Burgess, Air War College, "Developments in Africa", [24 MB PPT] Prof. Christopher Carr, "Central Asia and the Caucasus", [Bio & summary] [2005 notes] [Maps] Ms. Bernadette Lorenzo, US Peace Corps, on her work in Latin America, James Payne '99, "International trade agreements,"
AL Power, part of Southern Company (SO) that generates power across several southern states, is a leader in technology (catalytic reduction of emissions, or scrubbers) that reduces emissions from power generation. Southern's environmental mission is to develop new, greener technology, while protecting consumers from increases in costs. The industry is heavily regulated by Congress and therefore maintains government affairs staff (lobbyists). There are multiple interests represented in the congress: e.g, power generation from varied sources, environmentalists, car manufacturers, and finance companies. Environmental controls will cost the consumer, but some devices such as new technology or tradeable permits for carbon emissions will require government funding for industry, hence a new source of revenue. Trade associations include the energy (Edison institute, or EFI), nuclear (NEI) and manufacturers (NAM). Sometimes industry is aligned on one issue, at other times conflicted. The US and China are now the two major carbon polluters, owing to large coal-burning industries. Developing countries are increasing carbon emissions faster than developed countries, but lack the means to reduce emissions. Although there is disagreement on some of the scientific data on trends, there is a broad consensus that there is global climate change (if not necessarily warming). Most consumers have an illusion that carbon emission controls (primarily from coal and gas) can be reduced without major costs. Nuclear power's contribution will become more valuable if oil continues to rise in price, and if coal emissions prove costly to clean up. New nuclear power stations, though they do not cost lives like coal mining, and do not emit carbon dioxide, have been prevented from development by excessive regulation since the near-disaster at Three Mile Island. Southern Co hopes to open a new one by 2015, regulation permitting.
The Death Penalty
- 1972 Supreme Court opinion
- Half of death row, 1/3 executed are African American
- Lynching a critical part of mass violence against entire black community.
- Colored and white water fountains
- 1982 convict of murder, walked out of store eating sandwich, ran from police, and was arrested on basis of a money band. On trial 3 times, convicted by 11-1 white jury.
- incredibly harsh, incarceral society, now 2.3 M in prison
- 1/3 of black men in justice system in some way.
- Rosalyn Carter: blacks 40% of death row, and more likely to be convicted if white is killed.
- Defenders pay capped at $1,000.
- Monroeville, Harper lee, Mockingbird inspired by 1932 case of accusations of rape.
1972 Walter MacMillian arrested similarly after affair with white woman. death row inmates often attempt suicide because of experience prisoners have to pass death chamber to reach exercise yard. Trial lasted two days, jury selection only hours, and only one black juror ABC covered -- white witness openly recants testimony, under incentive of lesser penalty. Black witness had financial incentive, didn't want to respond. There are counties in AL with no black jurors, since legality not always enforced by judges. Russell county case, 1984: Robert Tarver convicted, with all-white jury giving life without parole -- then judge ordered death. Elective judges in AL, uniquely, can override with tougher sentence. Death penalty is ... County Sheriff, elected, has to deal with crack and meth, guns, dope (shows) Strongly supports death penalty -- has seen effects of crime 1983 and 1984 death row inmates still there but death sentence requires perfect process because death is final Tarver maintains innocence -- he lent his car to someone who came back drunk, admitting having shot someone. family not delivered body, sent away overturned on appeal, on grounds black jurors excluded Horrific error rate, penalty overturned time & time again. end of film, by RTE Discussion: 6 constitutional amendments 8th amendment, cruel and unusual -- too harsh or inconsistent challenging sentences excessive in all cases 19 states have death in prison sentences even for 13-14 year olds. should be prohibited by 8th amendment SC has now ruled against this practice US only country to permit this -- banned by international law 14th amendment and fair treatment view that rich & guilty treated better than poor and innocent AL has no public defender system -- court appoints lawyer but only $1,000 mistakes 3,500 people on death row, 1100 executions in 25 years, 125 wrongly convicted identified i.e. 1/8! Drug crimes project 1972 200K >> now 2.3M in prison, mostly for drugs 3 strikes law give life sentences even for youth with minor convictions public benefits banned from drug convicts forever no public housing, food stamps etc. for drug crimes -- but not for more serious offenses moms when released marginalized in trying to look after kids. problem is welfare reform act. Parole & reentry project -- 6M now on probation or parole in AL permanently lose right to vote, affects 31% of black men, changes demographics in elections Stevenson a philosophy major in college, sports -- but law school by default law does not require previous knowledge Harvard joint degree with K school in public policy intern with southern center for human rights in GA, confronted with death penalty inmates lacking legal assistance after appeal Jonathan from Yale, 2006 had to go to colored school until desegregation, impressed with lawyers EJI in AL for 20 years MacMillian case 6 years on death row Tarver executed when USSC vacated the stay QT Probation -- not effective because case load so high, no support services for those released Client (if not helped) would have been given back her $3.18 and released to hike down US 231. probation officers vary -- some hostile to clients ineffective services lead judges to send to jail -- one given life sentence for stealing a bike and was on 3 strikes. draw line between mass murderer and regular murderer? If penalty were reserved for just 30 people, debate would be different any murder with an aggravating feature qualifies at present question is not really whether horrible crimes occurred but whether governments should kill. NO government does it right all the time. Outside work for prisoners? yes, should have meaningful life in prison, otherwise security problems from boredom positive norms and values from work tension though with unemployed laborers student (father is a small town police chief) -- in some areas targeting of specific groups? some states have harsher sentences for simple dope possession than drunk driving demographics: drunk driver 85% white men, for possession, 80% blacks there is some targeting, and sentencing influences that drug possession found after stopping for other reasons, causes disparities, arrests common in poor minority areas. if drug sweep in college dorms, would pick up mostly whites. Decriminalizing possession change our jails yes, would have major impact, could shrink prison pop and do programs for those left prison pop 8,000 1979 - 28,000 AL today, decriminalization would have huge impact -- or simply don't imprison for one offense. some counties give people 10-15 years for simple multiple filling of prescriptions hate crime? some argue increase charge & sentence if designated hate crime -- Stevenson disapproves most violent crimes have elements of hate -- but difficult to prove we don't have any crime for which punishment is not severe enough used in very political way -- racial, political or sexual animus gay & lesbian largest category of victims -- but excluded from hate crime statute. Post 9/11 violation of human rights easier to sell? yes, fear and anger powerful emotions some leaders preaching fear and anger hard to justify Gitmo. treatment, has tragically compromised US Compensation for wrongful imprisonment? Sued for Macmillian (death row pre-trial, clearly illegal) and Cochran without obtaining compensation for them. States cap at $50,000 typically -- in AL authorized but not appropriated. Do get a lot of people out, brings its own benefit drugs - sue govt. on allowing import of drugs from south America? govt. immunity although some creative lawsuits, but SC has not allowed them can render drug trade not profitable by legalizing Death penalty a deterrent? most research showed not effective, 30 years ago, now even more true epidemic of hopelessness among youth who don't expect to live to 21, see friends dying or in life time prison retribution argument now more common. death penalty may even give legitimacy to violence
Mr. Marlette demonstrated many political cartoons and emphasized the virtue of free speech despite choruses of criticism.
Trials are becoming extinct owing to settlements.
- Have only gone to trial three times, and lost all three (humor).
- Defense counsel and MS juries in rural areas are pro-plaintiff.
Winners may shape the law directly but losers are the bulwark of constitutional system. Submissive losers are the last stop against the failure of the rule of law. Adversarial system of litigation: civil disputes between private parties, criminal between state and private party.
- Reflects pluralism in policy making. Hegemony is trouble, leads to tyranny
- Reflects competition in economy
- essential to justice and fairness
Rule of law: choosing to live under rules for society Americans at founding wanted to be treated as Englishmen with rights state has to be subject to law as well road lines protect us from head on collision, but paint as a symbol needs to be respected by fellow citizens Marbury v Madison 1803 Jefferson actually wanted to honor appointments, but Madison preferred as Sec. State to make own appointments 1789 Judiciary act section expanded original jurisdiction of SC, SC found unconstitutional. Slavery in Dred Scott Taney ruled non citizen had no standing to sue for freedom. litigation lasted 11 years, during which Dred Scott remained a slave, Scott was actually owned by abolitionists, as a test case. He was freed anyway after "losing". First case of hard core judicial review, overturned MO compromise -- and 6 years to civil war. Fuel to the fire for bloody KS and for John Brown Southern slavers were thrilled, upheld SC on patriotic basis Political losers elected Lincoln 1860 in respectful opposition to ruling, as Republican and abolitionist. Roe v Wade (1973) right to privacy in penumbras of constitution Roe was winner and TX was loser, with anti-abortion crowd. SC upheld partial birth abortion ban two weeks ago. Bush v Gore (2000) popular vote versus electoral votes Brown v Board (1954) Baker in MS schools -- but not integrated till 1972, with all deliberate speed, and with academies created in 1972 Boston endured violent busing campaign -- now resegregating since court order lifted Losers in these cases reacted peacefully, politically or violently South seceded despite winning Dred Scott, because lost politically in 1860 election Gore, losing, did not fight, he made a movie and won an Oscar Roe v Wade did result in some violence against abortion clinics, but most opposition was political and new SC appointees from Bush. Why would anyone accept a decision from a court that adversely affects them? maintain order and social compact belief in rule of law Hamilton in Federalist papers, Gov. is necessary to constrain the passions of men alternatives violence Own cases: 1 unlikeable doctor, 2 likable, probably not malpractice -- but all 3 plaintiffs very sad cases Terry Schaivo case breathing tube removed after perhaps 15 years, husband wanted removed but family wanted to retain. Congress temp expanded jurisdiction of federal courts -- not just a SC case parents did not respond with violence or kidnapping of patient only responded with politics and news conferences -- even to death of own daughter demonstrates that rule of law has spread throughout society -- contrast with Iraq, state of nature What is required by losers to acquiesce? Authority, legitimacy, Dred Scott not considered legitimate then or since, not based on precedent Does rule of law favor upper classes? Certainly black minority is the loser that suffered. MLK: arc of history bends towards justice, however slowly Alabama only state with judicial elections for every officer of the court -- by party label. can that add to legitimacy? Juries used to be all white men, impaired legitimacy? Original intent more legitimate than others, loose interpretation? Scalia and Alito both originalists. Law school lawyers are mechanics of rule of law lawyers the leading edge of legitimacy despite stereotype, most lawyers are honest and ethical -- otherwise lose counterproductive to be a liar or unethical various reasons for selecting law schools, including location for desired career, even footballl team <humor>
*The most important thing for a candidate
to do is to identify why he/she is running for office.
Questions to ask:
1. Why are you running for this office?Suggestions for running for office:
2. Is there an incumbent?
3. What are the strengths of my opponent?
4. What are my strengths as a candidate?
- use full nameT.V. spots [shown, one introductory spot and one endorsement spot] allow a candidate to take his/her opponents strengths and show how you are stronger. Endorsements are a great way for new candidates to gain credibility.
- no emotional slogans
- be personable and accessible
- powerful slogan ( Judge McLemore’s in 2006 campaign, “ A commitment to justice and decency)
- know the people
2006 Campaign for District Judge Seat 3
*3 issues in upcoming race:
1. Experience (type)Questions asked by students:
1. Do you believe that political party identification should have an effect on judgeship elections? And do you believe in the spoils system?
2. Have you done things differently this elections year differently than your first run since you are running against a female instead of a male?
3. What type of tactics and strategies have you used in addressing your potential voters and the media?
4. What do you think of Candidate Meetings and caucuses?
5. Do current issues play a role in your sentencing process as a judge?
Institute of Social Studies – NetherlandsAfrica is important for number of reasons
Zimbabwe – suffering through 2000% inflation
- War on Terror (embassy bombings)What is Africa?
- Security Challenges
- HIV/AIDS, TB, Malaria
- Resources - oil
- weak and failed states (Somailia)o war in Mogadishu- 54 UN states, 3 on Security Council
- 30 million African Americans
China is becoming a very big player in Africa – the 9 Chinese oil workers killed in Ethiopia
- continent – 3 times the size of USAfrica and Religion- more than 700 million people and growing- North Africa and Sub Saharan Africa
- 1200 languages – nation building obstacle – many different languages within one country
- 54 states and 1000s of tribeso North Africa is part of Africa but is also part of the Arab World
- Africans have the most religious world viewResource rich – great economic promise
- 45% Muslim, 45% Christian, 10% Animist (traditional religion)
- Syncretism – combination of various religions (traditional and modern)
- Religion in Sudan, Chad, Ivory Coast conflicts?o War going on for about 50 years- Extremist Islam in East and West Africa
o Religious conflict to some extent (Muslim north, Christian south)o Missionaries have been coming to Africa for a number of years- Sharia law in Northern Nigeria
o There are some extremists in some parts of Africao Women sentenced to be stoned to death for committing adultery (eventually appealed and turned over)Muslim North Africa down Chad 1’2 Nigeria & an Eastern slither; Christian South Af.
o traditional Islamic religious law- eye for eye & repressive to women
Many countries divided b/w M N & C S
Independent for less than 50 yr.s – helps explain many growing painsChallenges for Africa
A1990 – committed themselves to democratization, anti-corruption (help from World Bank, heavy resence) This means that they’ve only ad about 30 yrs of contiguous progress
China and India are coming up against the west in a scramble for African Resources
- weak statesSecurity Challenges in Africa
- Oil curse – countries have oil which leads to a president who takes the oil revenue for personal purposes
Right now 15% of US oil comes from Gulf of Guinea
The Niger Delta has had major oil instillations for the past 40 years
- lately there has been turmoil in the delta over oil instillations
Book “Tropical Gangsters” about leadership in Equatorial Guinea
- internal conflictsAfrican Organizationso tribalism and ethnicity at the roots of conflict- Genocide in Darfur and Rwanda
o number of languages
o struggle for resourceso US and UN didn’t want to get into another Somalia-ish situation- Somalia has not had a government since 1991
o UN peacekeeping force put on ground in Rwanda
o 94 – president of Rwanda’s plane shot down
o Extremists killed 100,000 Tutsi every week for 100 days
o Killed 10,000 Belgian peacekeepers, Belgium withdrew
o Some called it a civil war instead of genocide – so nothing was done
o The US and UN said never again would it happen
o Darfur occurred in 2004
o Extremists systematically killed 200,000 people
o In 2004 Secretary of State Powell and US congress called it Genocide
o The UN would not call it genocide – because there was no proof that the government of Sudan was trying to wipe out a specific group (terms of Genocide Convention)
o US ratified Genocide Convention in 1988
o China has been the big ally of Sudan on the Security Council, vetoing calls for action in Darfur
o 4 million people in Darfur have been displaced
o A group took over for a short time
o Civil war broke out between Kenya and Somalia to try and put Somalia together again (Black Hawk Down)
- Democratic Reublic of the Congo
o Between 96 and 05 2000 people died
o 2000% inflation
o President thought he would lose and said he would cease land from white farmers to give to African farmers – Zimbabwe stopped exporting in 2000
- Human Security
o Water shortages
? Millions of people die every year from Malaria
- it seems that whenever a new political order is created a civil war follows.
- Africa has a 3% population growth rate
o African women on average have 10 children in their lifetime, 6 or 7 of which survive
- 19 million have already died, 26 Million infected, 12 million orphaned
- AIDS kills a million Africans per year
- 5 million South Africans are HIV positive
- South and Western Africa is where it started
- Causes instability, economic decline
- Spreading worldwide, TB
- Infectious disease, threat to the world
- Testing is a big issue, a lot of reluctance to get tested for fear of backlash
- Culture problem - promiscuity and lack of condom use
- Small minority actually receive treatment
- African UnionAnchor States in Africao Founded in 1963 as the organization of African Unity- Economic Community on West African States
o Eventual goal – United States of Africa
o 2002 – AU modeled on European Union
o AU Peace and Security Council
o AU peacekeepers to be able to send to Darfur or to other areas of conflict
o African Standby force- backup for peacekeeperso Nigeria is major state- Southern African Development Community
o Founded in 1975
o 15 members
o English, French, Portuguese-speaking states
o Most significant achievement – intervening and stopping civil wars
o Started as economic community and has become a security community
o Plan to have a common curencyo South Africa is Major country- East African Community
o Founded in 1980
o 14 members
o English French and Portuguese- Intergovernmental Authority on Development (IGAD)
- South Africa
o Most prosperous country in Africa
o Free market democracy, secure
o 1st world infrastructure
o Engine of growth for Africa
o President Thabo Mbeki: peacemaker all over Africa
o Leader in AU, ASF, and NEAD
o SADC leader
o Partnership with US – AGOA (free trade), ACPTA (peacekeeping training)
o Problems in South Africa? No clear to successor to Mbeki in 2009- Nigeria• There is one guy but he got in trouble? African National Congress dominance (party of Nelson Mandela)
? Rich whites/poor blacks. “lost generation.” (people who didn’t get educated in the 70’s and 80’s
? HIV/AIDS killing black middle class
? Zimbabwe – SADC and NEPAD peer review
? NEPAD, ASF, AU – slow development
? Ambivalence towards US
o 140 million people – biggest by population
o Over 200 language groups
o President Obasanjo: close to US
o NEPAD, AU, ASF leader
o 12% of US important oil from Nigeria
o Expansion, competition – China is in Nigeria competing with US
o Peace enforcer – Liberia, Sierra Leone.
o US aid for governance, peacekeeping.
o Democracy, anticorruption
o Most ethically diverse country in Africa
o Challenges? April 21, 2007 elections: Obasanjo replaced.- Ethiopia
? Umaru Yar’Adua? Northerner next president
? Niger Delta oil operations disrupted by militia
o US ally: 1945-73
o 91-present US partner
o PM Meles ZEnawi
o Economic, political reforms
o US partner in “Long War”
o 07-07 intervention in Somalia
o Landlocked – relies on Djibouti for exportation
o Borders Sudan and Somalia which is problematic
o Challenges? Boundary dispute with Eritrea- Kenya
? May 2005 elections not free or fair
? Meles, ruling group represents 10% of the population
? One of poorest countries in the world
Can Africa Enforce the Peace?
Nigeria not was willing as in the 90’s
“Long War” (GWOT)
- Bombings of embassies in Kenya, Tanzania, etc.
- the way in which the department of defense has treated Africa for the past 30-40 years
- treated as an extension of Europe
- The US works directly with Africa now instead of going through Europe
- CentCom – deals with Arab world and oil issues
- Pacific Command deals with western Africa
- Goal: create one command – fully operational by August 2008
o Partner with African organizations and agencies
o Prediction: will be like another SouthCom
- Where would Africa Command be located?
o About a dozen possibilities
- next 50 years will be better than the last
- some are campaigning to cancel African debt
- slow build up of Aid will help
Marlette draws five cartoons a week, and showed examples in a lively, humanistic style of politicians' foibles, church related issues and responses to terrorism or disaster (the 9/11 attacks and the space shuttle's crash). The weeping eagle cartoon in memory of the astronauts was so much in demand that printed copies were provided to newsstands. Hostile response came from "What Would Mohammed Drive?" (a rented truck with a large bomb) which provoked death threats orchestrated by CAIR, causing the cartoon to be withdrawn, though repeated widely across the media. Marlette upheld the Danish newspaper for printing cartoons widely criticized in the islamic world, and the newspaper had previously quoted his experience. In his early career, death threats usually came from the religious Right, but later from all sides, including liberals. He concludes that people do believe in free speech, if only for themselves. Western culture is now characterized by cowardice in issues of free speech One cartoon was condemned for showing Israeli troops bursting in on Anne Frank's attic He was raised Southern Baptist, and his cartoons skewered the disgraced televangelists Jim and Tammy Faye Bakker, and their successor, Jerry Falwell. Although the editorial page editor upheld free speech, the general editor did have concerns about the loss of a major source on the televangelists -- in Falwell. on the craft of drawing: Caricature exaggerates the features of celebrities the second novel, Magic Time, is set in the civil rights period of the south -- and since we don't need another book on the politics, it focusses on people's lives. Marlette, compared to the human scale subjects, finds ideology and propaganda boring. On John Edwards as presidential candidate, he did not pay his dues to the state Democratic party, and on his leaving, lost the seat permanently to the Republicans. The first novel caused an uproar in his home town Although he has never been sued, he has been criticized aggressively. Danish cartoonists were this generation's Anne Franks Cartoons are nonviolent direct action, like the SNCC students Best cartoons? New Yorker, improved its variety and topicality under Tina Brown as editor. Best cartoonists ever? Mike Peters (very visual) and of the 1950s-1980s, David Low, David Levine and Herblock. Boring cartoons? New York Times.
"Christopher Carr joined the AWC in 1998. Previously he was Senior Researcher, Center for Public Policy and Contemporary Issues, University of Denver. From 1986-8, 1989-93 he was Distinguished Visiting Professor in the Department of Political Science, US Air Force Academy. He has written articles on arms transfer policy and most recently contributed a chapter to Arms Control: Cooperative Security in a Changing Environment. His current research focuses on human insecurity in heavily weaponized communities, for which he has received support from the Institute for National Security Studies, US Air Force. Dr Carr holds a B.A. from the University of Lancaster, UK and a Ph.D. in International Relations from the London School of Economics (LSE). His areas of expertise include sub-state conflict, light weapons proliferation, civil conflict in Africa, 'Kalashnikov cultures', arms control, international organized crime." -- from AWC web page.
The Causasus, between the Black Sea and Caspian Sea, is a dangerous and unsettled region comprising the republic of Georgia and Azerbaijan plus disputed regions of southern Russia, South Osettia and areas controlled by mountain warlords. There is oil soon to be exported from Baku to the west via British Petroleum, plus a new democratic interest in Georgia. The two are in tension. Russian troops still have bases in Georgia, and the new democracy is in tension with its neighbors. The US faces therefore a policy tension between supporting democracy and securing steady supplies of oil from Azerbaijan.
but the area is a linchpin of East-West movement and could precipitate a crisis in future.
Although Caucasians see themselves as East Europeans, it is difficult to observe European culture in them.
Soviet meltdown occurred because of :
theory of arms race, with Reagan pushing them till they broke Afghan war undercut the Russian regime corruption more important in causing people to give up on the regime, but corrupt leaders remain in charge ex-KGB leaders still in office especially Putin
Political science has difficulty in reading dictatorships, need to understand the psychology of a small, closed group No single place in old Soviet system could stand independently -- difficulties since then
Kazakhs held nuclear weapons but soon gave them up other troops were left indefinitely without pay of control, rapid decline, rise of corruption economic relief: wives prostituted, drug abuse increasing
1Kg fetches $800 in Afghanistan but $100,000 in Europe.
Sturgeon polluted, though still makes caviar oil and gas reserves considerable and important because of China's rapidly growing demand, which by 2025 may outstrip supply Russia, although losing economic, military and political power, can still control flow of oil & gas there. New Great Game based on pipelines, like C19th Russian /British empires game Baku-Tblisi-Chekhu pipeline (BTC) will add natural gas to oil flow soon, valuable in West Europe where homes are heated with gas. Armenia is best route, but for war with Azerbaijan
Armenian diaspora in the US is powerful
mountain people are often bloody minded and islotated, lawless, contentious Mostly Armenians but held by Azerbaijan till Armenia won the local war religion mostly nominally christian but pagan roots are deep in rural areas. lack of identity among population and virtually at war with Turkey over alleged "genocide" in WW1. 300-400,000 slaughtered, and have large genocide memorial confrontation between Armenia and Turkey since 1991 Armenians supported by US and France diasporans, eg Kirk Kekorian, paved Armenian roads by Iran with trade by Russia youth has left, no work, poor education system with many fees
has ethnic minorities Ankhasia was resort with beaches and fruit and Russians were attached to it and successfully fought to retain it South Ossetians wanted nationalism in absence of rule of law, have criminal economy DVD pirating, drug gangs, arms trafficking, prostitution Russia confronting Georgia (supported by US as a new democracy w/Sakashvilli) Russians see this as a sphere of influence, like US with Caribbean
moderate islamic, popular dictatorship, supports US war on terror but Armenian lobby in US is strong Baku is the most blighted town from 1880s oil rush, dumping ever since into Caspian sea. "Dutch disease" oil money spent quickly, not invested new apartments built badly, on earthquake fault.
ruled by a mad dictator who published own book, shut down rural medicine, built golden self statue, kills own people US wants both democratization and aid in war on terror
Chinese economic growth impressive but could still fall off a cliff
wide gap between rich and poor, corruption, gangsters -- but cooperates with US, ships oil to BTC pipelines potential ground for moderate islamic revolution under group TC, which provides welfare net (like Hamas) Fear of US is a repeat of the 1979 theocratic revolution in Iran -- so even realists may argue against cooperation with dictators
Trade involving private parties Business contracts arbitration by international court or by arbiters Sovereignty principle: nation states
Parties or Subjects are Nation States (not merely businesses) under principle of sovereignty 3 Sources: Treaty constructed among 2 or more states for cooperation or to establish an obligation Customary international law, the actions of states over time that form a pattern of norms, implying an obligation under opinio juris. General fundamental principles (jus cogens) with no derogation allowed, traditional examples being slavery and genocide. Backed by resolutions of international bodies. Difference between public international law and domestic: domestic is hierarchical and vertical (municipal > county > state > federal law > US constitution) Public international law is horizontal: sovereign state cannot be bound with obligation to which it has not agreed. Enforcement E.g. What could US do, should Mexico violate an agreement? Soft power: worsening of International relations, diplomacy, loss of trust for future, public embarrassment. Soft/hard power: reciprocity is jeopardized (e.g. water project at risk) Umbrella concept: environmental, social or diplomatic treaty? Retaliation among affected parties, e.g. environmental dumping evokes response of more environmental dumping Enforceability: international bodies for enforcement, eiher ad hoc or standing ad hoc tribunals set up, e.g., after alleged war crimes e.g. ICTY (International court for Yugoslav crimes against humanity) -- or Rwanda equivalent. No treaty involved in Yugoslav civil war, but customary international law arguably applies If an individual commits a war crime, does he have a defense of acting under orders, etc Standing bodies, e.g. trade among states, the subject being sovereign states enforceability via standing organizations such as WTO, soft/hard power (judicial, if not actual military force) WTO or other body oversees and implements adjudicated solutions WTO is envied by parties in other types of disputes e.g. US violated NAFTA (1993?) obligation to Mexico, obligation for zero % tariff on a particular good. Old obligation of 10% limit under old WTO rule. US applied 5% tariff, between the two. Mexico then announced would not be held by NAFTA. Retaliation on both sides, issue of which body decides among competing obligations; depends on fine print of treaties? Treaty Formation Interpretation (Vienna Convention) Customary principles Diplomatic principles Interactions among treaties
Recent Mexico "sweeteners" case
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