The United States Congress should statutorily restrict the war powers authority of the President of the United States to indefinitely detain persons legally located within the United States.
1
Advantage one – terrorism
High risk of nuclear terrorism – feasible and it escalates
Dvorkin 12 – senior fellow at the Center for International Security of the Institute of World Economy (Vladimir Z., Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences. The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html mtc ) Nuclear Terrorism as a Destabilizing Factor¶ Hundreds of scientific papers and reports have been AND a common understanding of these threats and develop a strategy to combat them.
Nuclear terror causes accidental US-Russia nuclear war
Barrett 13 – et al, PhD, Engineering and Public Policy from Carnegie Mellon University, Director of Research, Global Catastrophic Risk Institute, Fellow in the RAND Stanton Nuclear Security Fellows Program, Seth Baum, PhD, Geography, Pennsylvania State University, Executive Director, GCRI, Research Scientist at the Blue Marble Space Institute of Science, former Visiting Scholar position at the Center for Research on Environmental Decisions at Columbia University, and Kelly Hostetler, Research Assistant, GCRI (6/28, Anthony, "Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia," Science and Global Security 21(2): 106-133, pre-print, available online) War involving significant fractions of the U.S. and Russian nuclear arsenals, AND making one or both nations more likely to misinterpret events as attacks.16
Even absent retaliation, leads to extinction
Toon 7 - chair of the Department of Atmospheric and Oceanic Sciences at CU-Boulder, et al. Owen B., April 19, 2007, "Atmospheric effects and societal consequences of regional scale nuclear conflicts and acts of individual nuclear terrorism," online: http://climate.envsci.rutgers.edu/pdf/acp-7-1973-2007.pdf To an increasing extent, people are congregating in the world’s great urban centers, AND should be carried out as well for the present scenarios and physical outcomes.
Bioterrorism is likely and causes extinction – new technology with easy access mean the risk is high – outweighs nuclear war
Myhrvold 13 Nathan Myhrvold ’13, Phd in theoretical and mathematical physics from Princeton, and founded Intellectual Ventures after retiring as chief strategist and chief technology officer of Microsoft Corporation , July 2013, "Stratgic Terrorism: A Call to Action," The Lawfare Research Paper Series No.2, http://www.lawfareblog.com/wp-content/uploads/2013/07/Strategic-Terrorism-Myhrvold-7-3-2013.pdfmtc T he F irst and sim P lest K inds of biologi - cal weapons AND -elimination plan of this nature was openly proposed in a scientific journal.
Bioterror spreads globally in weeks and is easily dispersed Levy 7 - consultant for ESG Consulting, an organization that provides consulting services for project development and management primarily related to national security and terrorism (Janet, "The Threat of Bioweapons", The American Thinker, 6-8-2007, http://www.americanthinker.com/2007/06/the_threat_of_bioweapons.html) Biological weapons are among the most dangerous in the world today and can be engineered and disseminated to achieve a more deadly result than a nuclear attack. Whereas the explosion of a nuclear bomb would cause massive death in a specific location, a biological attack with smallpox could infect multitudes of people across the globe. With incubation periods of up to 17 days, human disseminators could unwittingly cause widespread exposure before diagnosable symptoms indicate an infection and appropriate quarantine procedures are in place. Unlike any other type of weapon, bioweapons such as smallpox can replicate and infect a chain of people over an indeterminate amount of time from a single undetectable point of release. According to science writer and author of The Hot Zone, Richard Preston, "If you took a gram of smallpox, which is highly contagious and lethal, and for which there’s no vaccine available globally now, and released it in the air and created about a hundred cases, the chances are excellent that the virus would go global in six weeks as people moved from city to city......the death toll could easily hit the hundreds of millions.....in scale, that’s like a nuclear war."~1~ More so than chemical and nuclear research, bioweapons development programs lend themselves to stealth development. They are difficult to detect, can be conducted alongside legimate research on countermeasures, sheltered in animal research facilities within sophisticated pharmaceutical corporations, disguised as part of routine medical university studies, or be a component of dual use technology development. Detection is primarily through available intelligence information and location-specific biosensors that test for the presence of pathogens. Biological weapons have many appealing qualities for warfare and their effects can be engineered and customized from a boutique of possibilities. Offensive pathogens are inexpensive compared to conventional weapons and small quantities can produce disproportionate damage. They have unlimited lethal potential as carriers and can continue to infect more people over time. Bioweapons are easy to dispense through a variety of delivery systems from a missile, an aerosol or a food product. They can be placed into a state of dormancy to be activated at a later stage allowing for ease of storage. Pathogens are not immediately detectable or identifiable due to varying incubation periods and can be rapidly deployed, activated and impossible to trace. The technology to develop biological agents is widely available for legitimate purposes and large quantities can be developed within days.
Agroterrorism is likely – even limited instances escalate
Schneider et al. 11 – PhD in Food Science and Human Nutrition (R. Goodrich, pg. http://edis.ifas.ufl.edu/fs126) Various factors lead to the heightened state of vulnerability of the U.S. AND -of-scale, they also lead to these types of vulnerabilities.
This collapses genetic diversity
Dudley 2 - Institute of Arctic Biology – U Alaska Fairbanks JP Dudley, , and M.H. Wolford, Chair – Office International des Epizooties Working Group on Wildlife Diseases, Portugal, Bioweapons, Bioterrorism, and Biodiversity, 2002, http://www.oie.int/eng/publicat/rt/2....20DUDLEY.pdf Military and terrorist applications of biotechnology are threats to more than just human lives and AND that may be subject to severe damage from deliberate or accidental bioweapon releases.
Genetic diversity solves extinction
Boyce 4 James K, July 2004. Department of Economics 26 Political Economy Research and Environmental research at the University of Massachusetts, "A Future for Small Farms? Biodiversity and Sustainable Agriculture". Political Economic Research Institute, http://ideas.repec.org/p/uma/periwp/wp86.html There is a future for small farms. Or, to be more precise, AND the spotted owls found in the ancient forests of the northwestern United States.
Collapsing US ag leads to global wars
Lugar 2k – Chairman of the Senator Foreign Relations Committee and Member/Former Chair of the Senate Agriculture (Committee Richard, a US Senator from Indiana, is Chairman of the Senate Foreign Relations Committee, and a member and former chairman of the Senate Agriculture Committee. "calls for a new green revolution to combat global warming and reduce world instability," http://www.unep.org/OurPlanet/imgversn/143/lugar.html) In a world confronted by global terrorism, turmoil in the Middle East, burgeoning AND in the survival of billions of people and the health of our planet.
2 links –
FIRST – allies – Domestic detention undermines our allies willingness to cooperate on terrorism – specifically Britain
Chesney 13 - Professor of Law at the University of Texas School of Law and Non-Resident Senior Fellow at the Brookings Institution Robert Chesney, "PROTECTING U.S. CITIZENS’ CONSTITUTIONAL RIGHTS DURING THE WAR ON TERROR" House Hearing, 5/22, http://www.gpo.gov/fdsys/pkg/CHRG-113hhrg81173/html/CHRG-113hhrg81173.htm Mr. Chesney. Thank you, Ranking Member Conyers. I’ll take those in AND past. It’s a conflict with al-Qaeda and its associated forces.
The plan is a critical step for reviving allied terrorism cooperation
This card is a little disgusting Atwood et al 9 J. Brian Atwood served as Under Secretary for Management in 1993 and as Administrator of the United States Agency for International Development from 1993 to 1999. Harry G. Barnes, Jr. served as Ambassador to Romania from 1974 to 1977, Director General of the Foreign Service and Director of Personnel in the Department of State from 1977 to 1981, Ambassador to India from 1981 to 1985, and Ambassador to Chile from 1985 to 1988. F. Allen "Tex" Harris retired after serving with the United States Department of State for thirty-five years, including Foreign Service posts in Argentina, Australia, South Africa, and Venezuela. Mr. Harris is a past President of the American Foreign Service Association. Samuel F. Hart served as Ambassador to Ecuador from 1982 to 1985 John L. Hirsch served as Ambassador to Sierra Leone from 1995 to 1998. Genta Hawkins Holmes served as Ambassador to Namibia from 1990 to 1992, Director General of the Foreign Service and Director of Personnel for the Department of State from 1992 to 1995, and Ambassador to Australia from 1997 to 2000. Gilbert D. Kulick served as a Foreign Service Officer from 1966 to 1989, retiring as Deputy Director of Southern Africa Affairs. L. Bruce Laingen served as Ambassador to Malta from 1977 to 1979 and Charges D’Affaires in Tehran from 1979 to 1981. Elijah Parish Lovejoy IV served as a consular officer at the Bridgetown, Barbados Embassy from 1997 to 1999. Laurence E. Pope served as Associate Coordinator for Counter-terrorism from 1991 to 1993, Ambassador to Chad from 1993 to 1996, and Political Advisor to the Commander in Chief, U.S. Central Command, from 1997 to 2000. Paul K. Stahnke is Minister Counselor, retired. Among other posts, he was Counselor of Mission at the United States Mission to the Organization for Economic Cooperation and Development in Paris from 1978 to 1982, and Permanent Representative to the United Nations ESCAP (Economic and Social Council for Asia and the Pacific) from 1982 to 1988, while also serving as Economic Counselor in the United States Embassy in Bangkok during the same period. Alexander F. Watson served as Ambassador to Peru from 1986 to 1989, Ambassador and Deputy Permanent Representative to the United Nations from 1989 to 1993, and Assistant Secretary of State for Western Hemisphere Affairs from 1993 to 1996, Amicus Brief, Al-Marri v Spagone, Jan 28, 2009, http://www.brennancenter.org/sites/default/files/legacy/Justice/20090128.Almarri.v.Sapgone.Amicus.Brief-Former.U.S.Diplomats.pdf We, the amici curiae lending our names in support of this brief, have AND enforcement capacities while at the same time promoting democracy and human rights.19
====Allied cooperation solves all internal links to global terrorism==== Terkel 4 - researcher @ the Center for American Progress (Amanda, http://www.americanprogress.org/issues/2004/08/b165288.html) Our credibility at home and abroad has never been lower. With no weapons of AND alone. Cooperation matters and we need our credibility intact to secure it.
====Only Congress solves – The executive will never use indefinite detention domestically—leaving the option available creates the misperception of support for domestic military capture==== Chesney and Wittes, 13 (Robert Chesney, Professor of Law at the University of Texas School of Law and Non-Resident Senior Fellow at the Brookings Institution, and Benjamin Wittes, Senior Fellow at the Brookings Institution, "Protecting U.S. Citizens’ Constitutional Rights During the War on Terror", 5/22/13 http://www.brookings.edu/research/testimony/2013/05/22-war-on-terror-chesney-wittes) What Should Congress Do? In our view, Congress should put this issue to AND the utter implausibility of the claim that they might be subjected to it).
SECOND – domestic intel gathering – Perceptions of procedural justice are key to local cooperation
Tyler et al 10 (Tom, Stephen Schulhofer, Aziz Huq, University of Chicago School of Law, PUBLIC LAW AND LEGAL THEORY WORKING PAPER NO. 296, "LEGITIMACY AND DETERRENCE EFFECTS IN COUNTER? TERRORISM POLICING: A STUDY OF MUSLIM AMERICANS") Our principal findings are as follows. We find a robust correlation between perceptions of AND of anti-terrorism policing strategies concerning Muslim Americans within the United States.
Domestic indefinite detention alienates allies and collapses local intel gathering—key to solve terrorism
Nachman et al 9 David E. Nachman, Counsel of Record, Bradley T. Meissner, Emily T. Wright, Muslim Advocates, The Sikh Coalition, American-Arab Anti-Discrimination Committee, Japanese American Citizens League, and South Asian Americans Leading Together, Amicus Brief, Al-Marri, January 2009 Sacrificing The Rule Of Law Alienates Domestic Communities And International Allies Whose Help Is Needed AND statement of Dennis C. Blair, nominee for Director of National Intelligence)
Preventative intel gathering solves and prevents violent lash-outs against domestic populations in the event of a terrorist attack
Innes 6 – senior lecturer in sociology at the University of Surrey (Martin, "Policing Uncertainty: Countering Terror through Community Intelligence and Democratic Policing," The ANNALS of the American Academy of Political and Social Science 2006; 605; 222 DOI: 10.1177/0002716206287118) Terrorists can seek to act upon political processes and public perceptions in two subtly different AND als that governments tend to issue in the wake of major terrorist incidents.
This internal link is based on robust evidence – empirics prove successful local intelligence can disrupt terror infrastructures
Innes 6 – senior lecturer in sociology at the University of Surrey (Martin, "Policing Uncertainty: Countering Terror through Community Intelligence and Democratic Policing," The ANNALS of the American Academy of Political and Social Science 2006; 605; 222 DOI: 10.1177/0002716206287118) The empirical data informing this article were collected between January and March 2005 as part AND Thacher (2005) dubbed "the offender search" strategy of counterterrorism.
2
Advantage two – Israel
Israeli-Palestinian peace talks are coming in 2 months
Talks will fail without a limitation on Israeli detention
Niraj 13 – Analyst @ Beachcomber Online (Anshika, "Palestinians Deserve Human Rights," http://www.bcomber.org/editorials/2013/04/30/palestinians-deserve-human-rights/) Firstly, I think it is important to recognize that if Israel respects the rights of the Palestinian people, it will not threaten Israel because many of these people already live there. There are millions of Palestinians who live in Israel-in fact the Israeli Central Statistics Bureau notes that around 20 of Israel’s population identifies as Palestinian. Not all of these people are sympathetic to Israel or respect its sovereignty, yet the rights of democracy in Israel are also granted to these Palestinians despite being such a controversial minority group. That is something to be admired in Israel’s conduct. However, the situation is still far from ideal. The Economist Magazine notes that these individuals have been marginalized in Israeli society, receive much less government funding than Jewish towns do even in education, and have often found that political parties that are more focused on Arab citizen issues are banned. This is certainly not a fair system and is based on valid fears that the Israeli government has about these Palestinians. Having such a large population of educationally marginalized individuals certainly is not beneficial to any country’s economy for one. But more importantly, these people already live in Israel, so any harm they may cause is already a risk that is unlikely to be alleviated by unequal treatment. In fact, it will probably fuel resentment by Palestinians in and outside of these areas-and that resentment certainly is not going to aid the peace process. Even if Israel is uncomfortable granting full rights to all Palestinians, addressing the ones who are already citizens of their country could be a step in the right direction. Of course, the most contentious issues in the Israel-Palestine conflict are the restrictions of the rights of the Palestinians in things like freedom of movement and freedom from indefinite detention and settlement-building. On the former, Human Rights Watch reports that Israel has been holding 178 Palestinians in "administrative detentions". An administrative detention is when the military is allowed to hold prisoners without charge or trial and by keeping the evidence for this detention secret. In Israel, these detentions are 6 months long but can be renewed over and over again. - See more at: http://www.bcomber.org/editorials/2013/04/30/palestinians-deserve-human-rights/~~23sthash.PUjtGTvV.dpuf
It’s reverse causal – Limiting Israeli detention is a key confidence-building-measure – jumpstarts broader efforts at peace
Doyle 12 – Director of advancing Arab-British Relations ("Palestinian detainees: no security in injustice," http://caabu.org/sites/default/files/resources/0802_CAABU_Palestinian20detainees_singles20SMALL.pdf) In autumn 2011, after five years of negotiations, Hamas and Israel concluded a swap deal in Egypt that led to the release of over 1,000 prisoners. On 17 October, Sergeant Gilad Shalit crossed from southern Gaza into Egypt, released by Hamas after five years of captivity. In return, 1,027 Palestinians in Israeli jails were freed in a two-phased release. Most of the international attention focused on the fate of Shalit, who had been AND for Palestinians and would be an essential part of any sustainable peace process.
====The plan restores US ability to persuade allies to also abandon detention==== Atwood et al 9 J. Brian Atwood served as Under Secretary for Management in 1993 and as Administrator of the United States Agency for International Development from 1993 to 1999. Harry G. Barnes, Jr. served as Ambassador to Romania from 1974 to 1977, Director General of the Foreign Service and Director of Personnel in the Department of State from 1977 to 1981, Ambassador to India from 1981 to 1985, and Ambassador to Chile from 1985 to 1988. F. Allen "Tex" Harris retired after serving with the United States Department of State for thirty-five years, including Foreign Service posts in Argentina, Australia, South Africa, and Venezuela. Mr. Harris is a past President of the American Foreign Service Association. Samuel F. Hart served as Ambassador to Ecuador from 1982 to 1985 John L. Hirsch served as Ambassador to Sierra Leone from 1995 to 1998. Genta Hawkins Holmes served as Ambassador to Namibia from 1990 to 1992, Director General of the Foreign Service and Director of Personnel for the Department of State from 1992 to 1995, and Ambassador to Australia from 1997 to 2000. Gilbert D. Kulick served as a Foreign Service Officer from 1966 to 1989, retiring as Deputy Director of Southern Africa Affairs. L. Bruce Laingen served as Ambassador to Malta from 1977 to 1979 and Charges D’Affaires in Tehran from 1979 to 1981. Elijah Parish Lovejoy IV served as a consular officer at the Bridgetown, Barbados Embassy from 1997 to 1999. Laurence E. Pope served as Associate Coordinator for Counter-terrorism from 1991 to 1993, Ambassador to Chad from 1993 to 1996, and Political Advisor to the Commander in Chief, U.S. Central Command, from 1997 to 2000. Paul K. Stahnke is Minister Counselor, retired. Among other posts, he was Counselor of Mission at the United States Mission to the Organization for Economic Cooperation and Development in Paris from 1978 to 1982, and Permanent Representative to the United Nations ESCAP (Economic and Social Council for Asia and the Pacific) from 1982 to 1988, while also serving as Economic Counselor in the United States Embassy in Bangkok during the same period. Alexander F. Watson served as Ambassador to Peru from 1986 to 1989, Ambassador and Deputy Permanent Representative to the United Nations from 1989 to 1993, and Assistant Secretary of State for Western Hemisphere Affairs from 1993 to 1996, Amicus Brief, Al-Marri v Spagone, Jan 28, 2009, http://www.brennancenter.org/sites/default/files/legacy/Justice/20090128.Almarri.v.Sapgone.Amicus.Brief-Former.U.S.Diplomats.pdf One hallmark of a dictatorship is the government’s assertion of a right to arrest and AND Chechnya, has also heralded the war on terror as its primary justification.
Specifically – Israel will model US domestic detention decisions
Bali 5 – JD @ Yale and PhD Candidate @ Princeton (Asli, JD from Yale, doctoral candidate in the Department of Politics at Princeton, where her dissertation focuses on questions of international relations and international law, Scapegoating the vulnerable: preventive detention of immigrants in America’s "war on terror," Google Scholar) For the readers of this journal, the greatest contribution of an analysis of administrative AND an alarming convergence in the violation of basic rights by both governments.99
New releases build public support for peace agreements and overcomes alternate causes
Successful peace negotiations solve global nuclear war
Chomsky 99 - Professor of Linguistics @ MIT (Noam, "Fateful Triangle," pg. 449) The disasters threatening the Palestinians and Israel are evident enough. It also does not AND . rejectionism in perpetuating the conflict and undermining the possibility for political settlement.
Traditional checks on conflict don’t apply to Israel – makes nuclear war particularly likely
Schoenfeld 98 - Senior Editor – Commentary (Gabriel, "Thinking About the Unthinkable in the Middle East," Commentary, December, Lexis) If preemption is largely ruled out as an option, what then? To reduce AND military movement, and take a no less heavy toll on civilian morale.
2/9/14
1- 2ac CP- ESR- Domestic Detention
Tournament: UT | Round: 6 | Opponent: MSU RT | Judge: Zendeh ====The CP is the squo but it doesn’t solve==== Elsea 13 Jennifer K. Elsea, Legislative Attorney, July 25, 2013, "Detention of U.S. Persons as Enemy Belligerents", Congressional Research Service, http://www.fas.org/sgp/crs/natsec/R42337.pdf In signing the 2012 NDAA into law, President Obama stated that his Administration does AND unlikely that an authorization to use force would be presumed to confer it.
Congress key to solve legal uncertainty and political friction
Chesney 26 Wittes 13 –Prof of Law @ Texas School of Law 26 Sr. Fellow @ Brookings "Protecting U.S. Citizens’ Constitutional Rights During the War on Terror", Robert Chesney, http://www.brookings.edu/research/testimony/2013/05/22-war-on-terror-chesney-wittes Aside from a Padilla-like scenario, a ban on military detention in domestic AND —whether United States citizens or aliens—arrested within the United States.
2/9/14
1- 2ac DA- Flex- Domestic Detention
Tournament: UT | Round: 6 | Opponent: MSU RT | Judge: Zendeh ====The aff codifies the squo==== Chesney and Wittes, 13 (Robert Chesney, Professor of Law at the University of Texas School of Law and Non-Resident Senior Fellow at the Brookings Institution, and Benjamin Wittes, Senior Fellow at the Brookings Institution, "Protecting U.S. Citizens’ Constitutional Rights During the War on Terror", 5/22/13 http://www.brookings.edu/research/testimony/2013/05/22-war-on-terror-chesney-wittes) First, a review of the relevant case law suggests that the Supreme Court as AND the current status quo uncodified in statute and explains our recommendation for legislation.
Syria thumps
Curtis Bradley, William Van Alstyne Professor of Law, Professor of Public Policy Studies, and Senior Associate Dean for Academic Affairs, 9/2/13, War Powers, Syria, and Non-Judicial Precedent, www.lawfareblog.com/2013/09/war-powers-syria-and-non-judicial-precedent/ My questions are not meant to suggest that an event like this will have no AND sorting these out before making bold predictions about the trajectory of executive power.
Unrestricted prez power ineffective
Griffin 13 Stephen M. Griffin is Rutledge C. Clement, Jr. Professor in Constitutional Law at Tulane Law School Long Wars and the Constitution pp 256-7 ¶ ¶ Defenders of the presidency often stress its unitary character. With a single AND a good reason for paying attention to the role of interbranch deliberation.¶ ¶
Ikenson 9 ~Daniel, associate director of the Center for Trade Policy Studies at the Cato Institute, " A Protectionism Fling: Why Tariff Hikes and Other Trade Barriers Will Be Short-Lived," March 12, 2009, http://www.cato.org/pub_display.php?pub_id=10651~~ Although some governments will dabble in some degree of protectionism, the combination of a AND far more impressive than when governments attempt to limit choices through policy constraints.
TPA not key – other issues undermine Asia Pivot
Auslin 2/3 Michael, resident scholar at the American Enterprise Institute, The Slow Death of Obama’s Asia Pivot, 2/3/14, http://online.wsj.com/news/articles/SB10001424052702303942404579360282240892994 The latest bad news for President Obama’s Asia policy at first doesn’t seem to have AND would be so stupid as to try to unilaterally change borders through force.
No TPA – Reid
- PC can’t persuade Reid because of grassroot political problems Garrett 2/6 Major, The heated politics of free trade, CBS News, 2/6/14, http://www.cbsnews.com/news/the-heated-politics-of-free-trade/ Skepticism about the benefits of free trade have been simmering for years, more so AND , therefore, is going up in smoke. With or without CVS.
Obama is losing detention fights with Congress now over Guantanamo
Rogin 1-28 - senior correspondent for national security and politics for The Daily Beast (Josh, "Long Odds for Obama’s New Guantanamo Deadline," TDB, http://www.thedailybeast.com/articles/2014/01/28/obama-s-new-guantanamo-deadline-unlikely.html) At the beginning of his second term, Obama doubled down on his promise to AND sometimes the only thing that motivates folks in Washington is to establish deadlines."
Bipartisan support to end domestic indefinite detention
Sibilla 12 Nick Sibilla, graduated from the University of Pittsburgh with BAs in Political Science and Religious Studies, "Bipartisan effort to ban indefinite detention, amend the NDAA", May 18, 2012, http://www.constitutioncampaign.org/blog/?p=7479~~23.UsHmOfRDtpU Democrats and Tea Party Republicans are advocating a new proposal to ban indefinite detention on AND hours before Federal District Judge Katherine Forrest enjoined the NDAA’s military detention provisions. ====Obama won’t fight the plan—NDAA proves==== Elsea 13 Jennifer K. Elsea, Legislative Attorney, July 25, 2013, "Detention of U.S. Persons as Enemy Belligerents", Congressional Research Service, http://www.fas.org/sgp/crs/natsec/R42337.pdf In signing the 2012 NDAA into law, President Obama stated that his Administration does AND unlikely that an authorization to use force would be presumed to confer it.
Obama ducks the fight – Bush proves
Howell 7 WILLIAM G. HOWELL AND JON C. PEVEHOUSE are Associate Professors at the Harris School of Public Policy at the University of Chicago and the authors of While Dangers Gather: Congressional Checks on Presidential War Powers, "When Congress Stops Wars", Sept/Oct, http://home.uchicago.edu/~~whowell/papers/WhenCongress.htm After all, when presidents anticipate congressional resistance they will not be able to overcome AND Pace, so as to avoid a clash with Congress over his reappointment.
He’s leaving the push up to others – Obama PC not key
Mauldin 2/4 William, Wall Street Journal, Froman Seeks Trade Progress With Japan, Canada, Congress, 2/4/14, http://online.wsj.com/article/BT-CO-20140204-713508.html Some Republicans have criticized Mr. Obama for not taking a more active personal role in supporting his trade policy on Capitol Hill, instead leaving the heavy lifting to Mr. Froman and others in his administration. Mr. Obama has cited the need for fast track legislation in the State of the Union address and other speeches, although the White House hasn’t commented on what he’ll do personally on trade.
And, he’s not doing any heavy lifting
Ikenson 2/2 Dan, director of Cato’s Herbert A. Stiefel Center for Trade Policy Studies, If the U.S. Trade Agenda Implodes, Blame the Equivocator-in-Chief, 2/2/14, http://www.cato.org/publications/commentary/us-trade-agenda-implodes-blame-equivocator-chief Those who may have thought a fast track bill could be plopped down and rammed AND interests, who have spread rumors and preyed on the public’s worst fears.
2/9/14
1AC Al Bahani - Kentucky
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Plan
The United States federal judiciary should affirm in opposition to Al-Bihani v. Obama, through the application of the “Charming Betsy” Canon, that treaties ratified by the United States are a restriction on the war powers authority of the President of the United States in the area of indefinite detention.
Advantage 1 Charming Betsy
In a 2-1 decision in Al-Bihani v Obama, the D.C. panel went rogue-- ignored the stance of the Executive, the Congress and the Supreme Court on how International Treaty Law should be applied
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law 43 Geo. J. Int'l L. 927 The court's holding in Al-Bihani is troubling in several respects. First, AND on the MCA but rather should be informed by the laws of war.
That has a legally binding force unless reversed
Alstine 11 Michael P. Van Alstine , Prof of Law University of Maryland Duke Law Journal, U of Maryland Legal Studies Research Paper No. 2011-33 STARE DECISIS AND FOREIGN AFFAIRS http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1881137 It is a curious fact the Framers structured the Constitution precisely to protect against divergent AND of the foreign relations power to the national government in the first place.”
The Al-Bihani decision reverses the Charming Betsy canon
Walsh 10 Cara Maureen Walsh J.D. Candidate 2010, Vanderbilt University Law School. Al-Bihani, Not So Charming October, 2010 Vanderbilt Journal of Transnational Law 43 Vand. J. Transnat'l L. 1151 B. The Court’s Legal Reasoning First, the appeals court panel found that international AND permits the President to detain anyone who had merely “supported” enemy forces
This is a unique judicial signal that cannot be corrected by legislation
Dehn 10 Major John C. Dehn is an Assistant Professor in the Department of Law, US Military Academy, West Point, NY. He currently teaches International Law and Constitutional and Military Law. He is writing in his personal capacity and his views do not necessarily represent the views of the Department of Defense, the US Army, or the US Military Academy. The Relevance of International Law to (the Substantive and Procedural Rules of) Preventive Detention in Armed Conflict – A Rejoinder to Al-Bihanihttp://opiniojuris.org/2010/01/29/the-relevance-of-international-law-to-the-substantive-and-procedural-rules-of-preventive-detention-in-armed-conflict-E28093-a-rejoinder-to-al-bihani/ The post-Boumediene habeas litigation has raised concerns regarding whether the courts are AND ) expressly outlining executive detention authority in this or any other armed conflict.
This reversal sends a dangerous signal that the judiciary cannot enforce international treaty law
Paust 12 Jordan J. Paust Mike and Teresa Baker Law Center Professor, University of Houston. Spring, 2012, Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, and Deviant Dicta in the D.C. Circuit Cornell International Law Journal 45 Cornell Int'l L.J. 367 IV. Shocking Errors and Deviant Dicta in the District of Columbia Circuit Rarely AND values will be more effective if we refuse to cast those values aside.
If not explicitly reversed the D.C. circuit ruling will have widespread effect unraveling treaty law in other contexts as well
Hathaway 10 Oona A. Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law and director of the Center for Global Legal Challenges at Yale Law School BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND SCHOLARS AS AMICI CURIAE IN SUPPORT OF REHEARING OR REHEARING EN BANC http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf 3. The panel’s broad and inaccurate pronouncements on the applicability of the laws of AND , the damage caused by the panel opinion is likely to be widespread.
Despite the En Banc Circuit effort to treat the Al-Bihani panel ruling as dicta, it has changed how the federal judiciary is treating international treaty law
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law¶ 43 Geo. J. Int'l L. 927 ¶ Al-Bihani's Effect on Case Law ¶ ¶ The repercussions from Al- AND of command structure limit from the President's detention authority. (173) ¶
Al-Bihani locks in a perception that the judiciary cannot enforce its international commitments and the U.S. can legally violate its international obligations
Adherence to the Charming Betsy canon is critical to development of a global transnational judicial dialogue that assures commitments to treaties
Waters 07 Melissa A Waters Assistant Professor of Law, Washington and Lee Law School. USING HUMAN RIGHTS TREATIES TO RESOLVE AMBIGUITY: THE ADVENT OF A RIGHTSCONSCIOUS CHARMING BETSY CANON http://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-38-2007/issue-2/using-human-rights-waters.pdf One of the most significant developments in international law over the past decade has been AND statutes in such a manner that they would not violate either international treaties.
Preservation of the Charming Betsy doctrine is vital to maintaining global commitments to international norms—independently solves conflict
Crootoff 11 Rebecca Crootof, J.D. Yale Law School Judicious Influence: Non-Self-Executing Treaties and the Charming Betsy Canon (April 5, 2011). Yale Law Journal. Available at SSRN: http://ssrn.com/abstract=1803380 The Charming Betsy Canon Encourages Domestic Courts’ Engagement with International Agreements and International Adoption AND values. See Waters, supra note 159, at 555-59.
Effective treaty compliance solves war and collapse causes it
Muller 2K Dr. Harold Muller is the Director of the Peace Research Institute-Frankfurt and Professor of International Relations at Goethe University Compliance Politics: A Critical Analysis of Multilateral Arms Control Treaty Enforcement http://cns.miis.edu/npr/pdfs/72muell.pdf In this author's view,3 at least four distinct missions continue to make arms control, disarmament, and non-proliferation agreements useful, even indispensable parts of a stable and reliable world security structure: • As long as the risk of great power rivalry and competition exists—and AND are made empty shells by repeated breaches and a lack of effective enforcement.
U.S. not applying judicial standards of treaties in detention spills over to destroy treaties generally
Legal Information Institute 7 (The Legal Information Institute is a public service of Cornell Law School. “Boumediene v. Bush (06-1195); Al Odah v. United States (06-1196)” December 5, 2007, http://www.law.cornell.edu/supct/cert/06-1195) Amici for the detainees argue that international law entitles detainees to certain fundamental rights, AND the ICCPR and is therefore bound by these agreed-upon international obligations.
Advantage 2: Warming
Multiple internal links:
First is the courts
Courts will inevitably address climate change questions – applying Charming Betsy is key to developing effective solutions
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. and Mary Envtl. L. and Pol'y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 How U.S. Courts Should Use International Climate Change Norms In the AND understanding of the judicial role in tackling the emerging law of climate change.
Recognition of international treaty norms is key to U.S. leadership and effective global solutions to climate change
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. and Mary Envtl. L. and Pol'y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 Advantages of Bringing International Norms into Domestic Climate Change Cases Although domestic U. AND , thereby, more significantly shape the future of the international climate regime.
Second is the Montreal Protocol
New negotiations are coming that will make or break the protocol
Grabiel and Comerford 13 Danielle Fest Grabiel, IGSD Law Fellow, and Ms. Lia Comerford, IGSD Law Clerk¶ Enforcement Strategies for ¶ Combating the Illegal Trade¶ in HCfCs and Methyl Bromide¶ http://inece.org/wp-content/uploads/2013/06/Illegal_Trade_HCFCs_Methyl-Bromide.pdf Last year the world celebrated the Protocol’s 25th anniversary and its remarkable success. Parties AND ever that enforcement officers are trained ¶ and prepared to effectively address smuggling.
Only maintaining effective treaty cooperation can prevent extinction from Ozone depletion
Gareau 13 Brian J. Gareau is an Assistant Professor of Sociology and International Studies at Boston College. Whatever Happened to Ozone Layer Politics? http://www.e-ir.info/2013/01/29/whatever-happened-to-ozone-layer-politics/ The Montreal Protocol on Substances that Depletes the Ozone Layer (1997) is arguably AND heightened environmental awareness, the Montreal Protocol entered its own moment of uncertainty.
The Montreal Protocol is at risk and the U.S. is trying to lead efforts to strengthen it
US-EPA 12 U.S. Environmental Protection Agency¶ June 2012¶ 2¶ Benefits of Addressing HFCs under the Montreal Protocol¶ June 2012 http://www.epa.gov/ozone/downloads/Benefits20of20Addressing20HFCs20Under20the20Montreal20Protocol,20June202012.pdf The Montreal Protocol has been an unparalleled environmental success story. It is the only AND long-term. Table 10 displays the projected benefits from the Amendment.
Warming is anthropogenic – most comphrensive analysis to date proves
Green 13 – Professor of Chemistry @ Michigan Tech, *John Cook – Fellow @ Global Change Institute, produced climate communication resources adopted by organisations such as NOAA and the U.S. Navy Dana Nuccitelli – MA in Physics @ UC-Davis *Mark Richardson – PhD Candidate in Meteorology, et al., (“Quantifying the consensus on anthropogenic global warming in the scientific literature,” Environmental Research Letters, 8.2) An accurate perception of the degree of scientific consensus is an essential element to public AND 1 based on abstract ratings) endorses the scientific consensus on AGW.
No alt causes – natural forcing mechanisms can’t explain modern termperature trends
Rahmstorf 8 – Professor of Physics of the Oceans Richard, of Physics of the Oceans at Potsdam University, Global Warming: Looking Beyond Kyoto, Edited by Ernesto Zedillo, “Anthropogenic Climate Change?,” pg. 42-4 It is time to turn to statement B: human activities are altering the climate AND that anthropogenic global warming is a reality with which we need to deal.
Tipping points are likely – leads to runaway warming
Guterl 12 – Editor @ Scientific American (Fred, “Climate Armageddon: How the World's Weather Could Quickly Run Amok: Climate scientists think a perfect storm of climate "flips" could cause massive upheavals in a matter of years, http://www.scientificamerican.com/article.cfm?id=how-worlds-weather-could-quickly-run-amok) One of the most productive scientists in applying dynamical systems theory to climate is Tim AND the 50 billion to 100 billion tons of carbon now trapped in permafrost.
Causes extinction—4 degree projections trigger a laundry list of extinction scenarios
Roberts 13—citing the World Bank Review’s compilation of climate studies - 4 degree projected warming, can’t adapt - heat wave related deaths, forest fires, crop production, water wars, ocean acidity, sea level rise, climate migrants, biodiversity loss David, “If you aren’t alarmed about climate, you aren’t paying attention” http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/ January 10 mtc We know we’ve raised global average temperatures around 0.8 degrees C so far AND , but a world that is inexorably more inhospitable with every passing decade.
The risk is existential
Mazo 10 – PhD in Paleoclimatology from UCLA Jeffrey Mazo, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, “Climate Conflict: How global warming threatens security and what to do about it,” pg. 122 The best estimates for global warming to the end of the century range from 2 AND adaptation to these extremes would mean profound social, cultural and political changes.
Climate change leads to war – statistically rigorous analysis proves
Hsiang 13 – Professor of Public Policy @ UC-Berkeley (Solomon, et al., “Quantifying the Influence of Climate on Human Conflict,” August, 10.1126/science.1235367) Human behavior is complex, and despite the existence of institutions designed to promote peace AND coming decades as changes in climatic conditions amplify the risk of human conflicts.
Traditional risk assessment should be ignored—potential disastrous effects of warming should be treated as 100 likely even if they win some defense
Emanuel 12—atmospheric science professor @ MIT Kerry, “Probable Cause” http://www.foreignpolicy.com/articles/2012/11/09/probable_cause?page=full November 9 mtc At its best, climate science deals in probabilities. This means that under ideal AND risk or that we should do nothing is both scientifically and morally indefensible.
Not inevitable – it’s immediately reversible and there is no time lag
Desjardins 13 – member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center (Cléa, “Global Warming: Irreversible but Not Inevitable,” http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php) Carbon dioxide emission cuts will immediately affect the rate of future global warming Concordia and AND mitigation challenge, clarifying these points of hope is critical to motivate change.”
The United States federal judiciary should affirm in opposition to Al-Bihani v. Obama, through the application of the "Charming Betsy" Canon, that treaties ratified by the United States are a restriction on the war powers authority of the President of the United States in the area of indefinite detention.
Charming Betsy
The D.C. Circuit Has created massive uncertainty on the binding applicability of treaty law in court interpretations
In a 2-1 decision in Al-Bihani v Obama, the D.C. panel — ignored the stance of the Executive, the Congress and the Supreme Court on how International Treaty Law should be applied
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law 43 Geo. J. Int’l L. 927 The court’s holding in Al-Bihani is troubling in several respects. First, AND on the MCA but rather should be informed by the laws of war.
The ruling of prior precedent gives the prior panel ruling legal effect unless reversed by an en banc panel or higher court
That has a legally binding force unless reversed
Alstine 11 Michael P. Van Alstine , Prof of Law University of Maryland Duke Law Journal, U of Maryland Legal Studies Research Paper No. 2011-33 STARE DECISIS AND FOREIGN AFFAIRS http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1881137 It is a curious fact the Framers structured the Constitution precisely to protect against divergent AND of the foreign relations power to the national government in the first place."
On appeal the D.C. En Banc ruling ducked the question and failed to affirm that treaty law can be a restriction on Presidential war power authority
Luban 10 David Luban is University Professor and Professor of Law and Philosophy at the Georgetown University Law Center¶ Opting out of the Law of War: Comments on Withdrawing from International Custom, 120 Yale. L.J. Online 151 (2010), http://yalelawjournal.org/2010/12/8/luban.html ¶ ¶ ¶ The law of war is the elephant in the room for any AND law of war—not only in legal doctrine but on the battlefield.
A subsequent panel decision has created a conflict of rulings in the circuit leading to complete confusion on the status of international law
But subsequent panel decisions cannot reverse a prior panel
Duvall 08 Michael Duvall is an associate at Bryan Cave LLP and was a law clerk to the Honorable Pasco M. Bowman, II, United States Court of Appeals for the Eighth Circuit, in Kansas City, Missouri. Resolving Intra-Circuit Splits in the Federal Courts of Appeal, http://www.fclr.org/fclr/articles/html/2008/fedctslrev1.pdf ¶ Every federal court of appeals is authorized to decide cases using three-judge AND decision while¶ simultaneously following it as the law of the circuit.6
If not explicitly reversed the D.C. circuit ruling will have widespread effect unraveling treaty law in other contexts as well
Hathaway 10 Oona A. Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law and director of the Center for Global Legal Challenges at Yale Law School BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND SCHOLARS AS AMICI CURIAE IN SUPPORT OF REHEARING OR REHEARING EN BANC http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf 3. The panel’s broad and inaccurate pronouncements on the applicability of the laws of AND , the damage caused by the panel opinion is likely to be widespread.
Despite the En Banc Circuit effort to treat the Al-Bihani panel ruling as dicta, the resulting confusion has changed how the federal judiciary is treating international treaty law
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law¶ 43 Geo. J. Int’l L. 927 ¶ Al-Bihani’s Effect on Case Law ¶ ¶ The repercussions from Al- AND of command structure limit from the President’s detention authority. (173) ¶
An explicit En banc ruling ruling is essential to clarify conflicts in thecircuit court
Duvall 08 Michael Duvall is an associate at Bryan Cave LLP and was a law clerk to the Honorable Pasco M. Bowman, II, United States Court of Appeals for the Eighth Circuit, in Kansas City, Missouri. Resolving Intra-Circuit Splits in the Federal Courts of Appeal, http://www.fclr.org/fclr/articles/html/2008/fedctslrev1.pdf ¶ In most federal courts of appeal, resolution of an intra-circuit split AND the prior-panel-precedent rule and the doctrine of stare decisis.
Independently, The Al-Bihani decision reverses the Charming Betsy canon
Walsh 10 Cara Maureen Walsh J.D. Candidate 2010, Vanderbilt University Law School. Al-Bihani, Not So Charming October, 2010 Vanderbilt Journal of Transnational Law 43 Vand. J. Transnat’l L. 1151 B. The Court’s Legal Reasoning First, the appeals court panel found that international AND permits the President to detain anyone who had merely "supported" enemy forces
This is a unique judicial signal that cannot be corrected by legislation
Dehn 10 ~Major John C. Dehn is an Assistant Professor in the Department of Law, US Military Academy, West Point, NY. He currently teaches International Law and Constitutional and Military Law. He is writing in his personal capacity and his views do not necessarily represent the views of the Department of Defense, the US Army, or the US Military Academy.~ The Relevance of International Law to (the Substantive and Procedural Rules of) Preventive Detention in Armed Conflict – A Rejoinder to Al-Bihanihttp://opiniojuris.org/2010/01/29/the-relevance-of-international-law-to-the-substantive-and-procedural-rules-of-preventive-detention-in-armed-conflict-E28093-a-rejoinder-to-al-bihani/ The post-Boumediene habeas litigation has raised concerns regarding whether the courts are AND ) expressly outlining executive detention authority in this or any other armed conflict.
This reversal sends a dangerous signal that the judiciary cannot enforce international treaty law
Paust 12 Jordan J. Paust Mike 26 Teresa Baker Law Center Professor, University of Houston. Spring, 2012, Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, and Deviant Dicta in the D.C. Circuit Cornell International Law Journal 45 Cornell Int’l L.J. 367 IV. Shocking Errors and Deviant Dicta in the District of Columbia Circuit Rarely AND values will be more effective if we refuse to cast those values aside.
Al-Bihani locks in a perception that the judiciary cannot enforce its international commitments and the U.S. can legally violate its international obligations
Adherence to the Charming Betsy canon is critical to development of a global transnational judicial dialogue that assures commitments to treaties
Waters 07 Melissa A Waters Assistant Professor of Law, Washington 26 Lee Law School. USING HUMAN RIGHTS TREATIES TO RESOLVE AMBIGUITY: THE ADVENT OF A RIGHTSCONSCIOUS CHARMING BETSY CANON http://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-38-2007/issue-2/using-human-rights-waters.pdf One of the most significant developments in international law over the past decade has been AND statutes in such a manner that they would not violate either international treaties.
Preservation of the Charming Betsy doctrine is vital to maintaining global commitments to international norms—independently solves conflict
Crootoff 11 Rebecca Crootof, J.D. Yale Law School Judicious Influence: Non-Self-Executing Treaties and the Charming Betsy Canon (April 5, 2011). Yale Law Journal. Available at SSRN: http://ssrn.com/abstract=1803380 The Charming Betsy Canon Encourages Domestic Courts’ Engagement with International Agreements and International Adoption AND values. See Waters, supra note 159, at 555-59.
U.S. not applying judicial standards of treaties in detention spills over to destroy treaties generally
Legal Information Institute 7 (The Legal Information Institute is a public service of Cornell Law School. "Boumediene v. Bush (06-1195); Al Odah v. United States (06-1196)" December 5, 2007, http://www.law.cornell.edu/supct/cert/06-1195) Amici for the detainees argue that international law entitles detainees to certain fundamental rights, AND the ICCPR and is therefore bound by these agreed-upon international obligations.
Contention 2: Warming
Multiple internal links:
First is the courts
Courts will inevitably address climate change questions – applying Charming Betsy is key to developing effective solutions
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. 26 Mary Envtl. L. 26 Pol’y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 How U.S. Courts Should Use International Climate Change Norms In the AND understanding of the judicial role in tackling the emerging law of climate change.
Recognition of international treaty norms is key to U.S. leadership and effective global solutions to climate change
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. 26 Mary Envtl. L. 26 Pol’y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 Advantages of Bringing International Norms into Domestic Climate Change Cases Although domestic U. AND , thereby, more significantly shape the future of the international climate regime.
Second is the Montreal Protocol
New negotiations are coming that will make or break the protocol
Grabiel 26 Comerford 13 Danielle Fest Grabiel, IGSD Law Fellow, and Ms. Lia Comerford, IGSD Law Clerk¶ Enforcement Strategies for ¶ Combating the Illegal Trade¶ in HCfCs and Methyl Bromide¶ http://inece.org/wp-content/uploads/2013/06/Illegal_Trade_HCFCs_Methyl-Bromide.pdf Last year the world celebrated the Protocol’s 25th anniversary and its remarkable success. Parties AND ever that enforcement officers are trained ¶ and prepared to effectively address smuggling.
Only maintaining effective treaty cooperation can prevent extinction from Ozone depletion
Gareau 13 Brian J. Gareau is an Assistant Professor of Sociology and International Studies at Boston College. Whatever Happened to Ozone Layer Politics? http://www.e-ir.info/2013/01/29/whatever-happened-to-ozone-layer-politics/ The Montreal Protocol on Substances that Depletes the Ozone Layer (1997) is arguably AND heightened environmental awareness, the Montreal Protocol entered its own moment of uncertainty.
The Montreal Protocol is at risk and the U.S. is trying to lead efforts to strengthen it
US-EPA 12 U.S. Environmental Protection Agency¶ June 2012¶ 2¶ Benefits of Addressing HFCs under the Montreal Protocol¶ June 2012 http://www.epa.gov/ozone/downloads/Benefits20of20Addressing20HFCs20Under20the20Montreal20Protocol,20June202012.pdf The Montreal Protocol has been an unparalleled environmental success story. It is the only AND long-term. Table 10 displays the projected benefits from the Amendment.
Warming is anthropogenic – most comphrensive analysis to date proves
Green 13 – Professor of Chemistry @ Michigan Tech, *John Cook – Fellow @ Global Change Institute, produced climate communication resources adopted by organisations such as NOAA and the U.S. Navy Dana Nuccitelli – MA in Physics @ UC-Davis *Mark Richardson – PhD Candidate in Meteorology, et al., ("Quantifying the consensus on anthropogenic global warming in the scientific literature," Environmental Research Letters, 8.2) An accurate perception of the degree of scientific consensus is an essential element to public AND 1 based on abstract ratings) endorses the scientific consensus on AGW.
No alt causes – natural forcing mechanisms can’t explain modern termperature trends
Rahmstorf 8 – Professor of Physics of the Oceans Richard, of Physics of the Oceans at Potsdam University, Global Warming: Looking Beyond Kyoto, Edited by Ernesto Zedillo, "Anthropogenic Climate Change?," pg. 42-4 It is time to turn to statement B: human activities are altering the climate AND that anthropogenic global warming is a reality with which we need to deal.
Tipping points are likely – leads to runaway warming
Guterl 12 – Editor @ Scientific American (Fred, "Climate Armageddon: How the World’s Weather Could Quickly Run Amok: Climate scientists think a perfect storm of climate "flips" could cause massive upheavals in a matter of years, http://www.scientificamerican.com/article.cfm?id=how-worlds-weather-could-quickly-run-amok) One of the most productive scientists in applying dynamical systems theory to climate is Tim AND the 50 billion to 100 billion tons of carbon now trapped in permafrost.
Causes extinction—4 degree projections trigger a laundry list of extinction scenarios
Roberts 13—citing the World Bank Review’s compilation of climate studies - 4 degree projected warming, can’t adapt - heat wave related deaths, forest fires, crop production, water wars, ocean acidity, sea level rise, climate migrants, biodiversity loss David, "If you aren’t alarmed about climate, you aren’t paying attention" ~http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~ January 10 mtc We know we’ve raised global average temperatures around 0.8 degrees C so far AND , but a world that is inexorably more inhospitable with every passing decade.
The risk is existential
Mazo 10 – PhD in Paleoclimatology from UCLA Jeffrey Mazo, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, "Climate Conflict: How global warming threatens security and what to do about it," pg. 122 The best estimates for global warming to the end of the century range from 2 AND adaptation to these extremes would mean profound social, cultural and political changes.
Climate change leads to war – statistically rigorous analysis proves
Hsiang 13 – Professor of Public Policy @ UC-Berkeley (Solomon, et al., "Quantifying the Influence of Climate on Human Conflict," August, 10.1126/science.1235367) Human behavior is complex, and despite the existence of institutions designed to promote peace AND coming decades as changes in climatic conditions amplify the risk of human conflicts.
Traditional risk assessment should be ignored—potential disastrous effects of warming should be treated as 100 likely even if they win some defense
Emanuel 12—atmospheric science professor @ MIT Kerry, "Probable Cause" ~http://www.foreignpolicy.com/articles/2012/11/09/probable_cause?page=full~~ November 9 mtc At its best, climate science deals in probabilities. This means that under ideal AND risk or that we should do nothing is both scientifically and morally indefensible.
Not inevitable – it’s immediately reversible and there is no time lag
Desjardins 13 – member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center (Cléa, "Global Warming: Irreversible but Not Inevitable," http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php) Carbon dioxide emission cuts will immediately affect the rate of future global warming Concordia and AND mitigation challenge, clarifying these points of hope is critical to motivate change."
10/26/13
1AC Al Bihani- Modeling Adv
Tournament: Wake | Round: 4 | Opponent: Harvard DT | Judge: Gannon ====Status quo failure to confirm the enforceability of the Geneva convention decimates global court credibility==== Gruber, 11 (Law Prof-University of Colorado, "An Unintended Casualty of the War on Terror," 27 Ga. St. U.L. Rev. 299) As the dust of the Bush administration’s war on terror settles, casualties are starting AND led the courts of the world to abandon the Supreme Court. ~*302
====Independent of precedent, the plan restores the image and influence of the Supreme Court—detention ruling on treaty grounds key==== Gruber, 11 (Law Prof-University of Colorado, "An Unintended Casualty of the War on Terror," 27 Ga. St. U.L. Rev. 299) Still, recent events have served to revive the debate over military tribunals. The AND fair principle that signed and ratified treaties are the law of the land.
====That’s modeled globally==== PILPG 8, the Public International Law 26 Policy Group (PILPG), is a global pro bono law firm that provides legal assistance to foreign governments and international organizations on the negotiation and implementation of peace agreements, the drafting and implementation of post-conflict constitutions, and the creation and operation of war crimes tribunals. PILPG also assists states with the training of judges and the drafting of legislation, "brief of the public international law 26 policy group as amicus curiae in support of petitioners", http://www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf iii. transnational judicial dialogue confirms this court’s leadership in promoting adherence to rule of AND by the rule of law, even in the most challenging of times.
====Specifically, US applications of Charming Betsy are modeled and resolve non-self-execution==== Crootoff 11 Rebecca Crootof, J.D. Yale Law School Judicious Influence: Non-Self-Executing Treaties and the Charming Betsy Canon (April 5, 2011). Yale Law Journal. Available at SSRN: http://ssrn.com/abstract=1803380 The Charming Betsy Canon Encourages Domestic Courts’ Engagement with International Agreements and International Adoption AND values. See Waters, supra note 159, at 555-59.
====African rule of law is backsliding now—the judiciary is key==== Prempeh, 6 (Law Prof—Seton Hall Law School, former Director of Legal Policy and Governance at the Ghana Center for Democratic Development. "Marbury in Africa: Judicial Review and the Challenge of Constitutionalism in Contemporary Africa" March, 80 Tul. L. Rev. 1239) In contemporary Africa, democratization and constitutionalism are pursued in tandem. Although the results AND that represents a significant new opportunity for constitutionalism to take root in Africa.
====Africa models US rule of law ==== PILPG 8, the Public International Law 26 Policy Group (PILPG), is a global pro bono law firm that provides legal assistance to foreign governments and international organizations on the negotiation and implementation of peace agreements, the drafting and implementation of post-conflict constitutions, and the creation and operation of war crimes tribunals. PILPG also assists states with the training of judges and the drafting of legislation, "brief of the public international law 26 policy group as amicus curiae in support of petitioners", http://www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf The precedent of this Court has a significant impact on rule of law in foreign AND promote respect for rule of law in foreign states during times of conflict.
====African rule of law solves multiple zoonotic diseases ==== Aluwong, lecturer in department of veterinary public health and preventive medicine at Ahmadu Bello University, 2010 ("Emerging diseases and implications for Millennium Development Goals in Africa by 2015 – an overview," Veterinaria Italiana, 46 (2), http://www.te.izs.it/vet_italiana/2010/46_2/137.pdf) Emerging diseases can occur anywhere in the world and the consequences can be severe. AND resources and the development of a global intersectoral approach in tackling zoonotic threats.
====New zoonotic diseases cause extinction – different from past diseases==== Quammen, award-winning science writer, long-time columnist for Outside magazine, writer for National Geographic, Harper’s, Rolling Stone, the New York Times Book Review and others, 9/29/2012 (David, "Could the next big animal-to-human disease wipe us out?," The Guardian, pg. 29, Lexis) Infectious disease is all around us. It’s one of the basic processes that ecologists AND collapses? One possible factor is infectious disease, and viruses in particular.
The United States federal judiciary should affirm in opposition to Al-Bihani v. Obama that treaties ratified by the United States are a restriction on the war powers authority of the President of the United States in the area of indefinite detention.
Contention 1: Charming Betsy
In a 2-1 decision in Al-Bihani v Obama, the D.C. panel ignored the stance of the Executive, the Congress and the Supreme Court on how International Treaty Law should be applied
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law 43 Geo. J. Int’l L. 927 The court’s holding in Al-Bihani is troubling in several respects. First, AND on the MCA but rather should be informed by the laws of war.
That has a legally binding force unless reversed
Alstine 11 Michael P. Van Alstine , Prof of Law University of Maryland Duke Law Journal, U of Maryland Legal Studies Research Paper No. 2011-33 STARE DECISIS AND FOREIGN AFFAIRS http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1881137 It is a curious fact the Framers structured the Constitution precisely to protect against divergent AND of the foreign relations power to the national government in the first place."
The Al-Bihani decision reverses the Charming Betsy canon
Walsh 10 Cara Maureen Walsh J.D. Candidate 2010, Vanderbilt University Law School. Al-Bihani, Not So Charming October, 2010 Vanderbilt Journal of Transnational Law 43 Vand. J. Transnat’l L. 1151 B. The Court’s Legal Reasoning First, the appeals court panel found that international AND permits the President to detain anyone who had merely "supported" enemy forces
This is a unique judicial signal that cannot be corrected by legislation
Dehn 10 ~Major John C. Dehn is an Assistant Professor in the Department of Law, US Military Academy, West Point, NY. He currently teaches International Law and Constitutional and Military Law. He is writing in his personal capacity and his views do not necessarily represent the views of the Department of Defense, the US Army, or the US Military Academy.~ The Relevance of International Law to (the Substantive and Procedural Rules of) Preventive Detention in Armed Conflict – A Rejoinder to Al-Bihanihttp://opiniojuris.org/2010/01/29/the-relevance-of-international-law-to-the-substantive-and-procedural-rules-of-preventive-detention-in-armed-conflict-E28093-a-rejoinder-to-al-bihani/ The post-Boumediene habeas litigation has raised concerns regarding whether the courts are AND ) expressly outlining executive detention authority in this or any other armed conflict.
This reversal sends a dangerous signal that the judiciary cannot enforce international treaty law
Paust 12 Jordan J. Paust Mike 26 Teresa Baker Law Center Professor, University of Houston. Spring, 2012, Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, and Deviant Dicta in the D.C. Circuit Cornell International Law Journal 45 Cornell Int’l L.J. 367 IV. Shocking Errors and Deviant Dicta in the District of Columbia Circuit Rarely AND values will be more effective if we refuse to cast those values aside.
If not explicitly reversed the D.C. circuit ruling will have widespread effect unraveling treaty law in other contexts as well
Hathaway 10 Oona A. Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law and director of the Center for Global Legal Challenges at Yale Law School BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND SCHOLARS AS AMICI CURIAE IN SUPPORT OF REHEARING OR REHEARING EN BANC http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf-http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf 3. The panel’s broad and inaccurate pronouncements on the applicability of the laws of AND , the damage caused by the panel opinion is likely to be widespread.
Al-Bihani locks in a perception that the judiciary c
10/16/13
1AC Al-Bihani USC and Fullerton
Tournament: Fullerton | Round: 1 | Opponent: na | Judge: na Same as Harvard Round 4
Atherton 13 – former Senior Editor - International Security section Tulane Journal of International Affairs Kelsey, "Stop Calling It The Drone Memo" ~http://www.popsci.com/technology/article/2013-02/drone-memo-about-more-just-drones~~ February 11 mtc Last Monday NBC published a white paper from the Department of Justice about the United AND may be, it’s the policy that makes this kind of war new.
The United States Congress should statutorily restrict the President’s war powers authority by prohibiting the use of offensive cyber operations.
Contention One: Warming
New multilateral warming agreements are being negotiated for 2015 – they can succeed, but require trust and cooperation
Langley 13 - Research Associate at The Brookings Institution (Claire, "Climate Change Negotiations in Warsaw Result in a Timeline for Agreement in 2015," Brookings, http://www.brookings.edu/blogs/up-front/posts/2013/11/27-climate-change-warsaw-cop19-timeline-hultman) Small steps toward an agreement on climate change in 2015 were made at the recent AND between the developed and developing country parties will widen over the coming months.
Unregulated NSA spying will collapse new negotiations – it’s impossible to build trust when amidst a narrative of US snooping
Richter and Dilian 13 – analyst @ LA Times, Focusing on trans-Atlantic relations (Paul and Ken, LA Times, Spy furor strains ties with Europe; Experts say U.S. intelligence and diplomatic relations have suffered, lexis) The expanding transatlantic scandal over U.S. eavesdropping on Europe’s leaders and spying AND it is the economic powerhouse of Europe, its reaction may matter most.
Independently, NSA spying puts EU relations on the brink – spills over to unrelated issues – new restrictions prevent the damage from becoming irreversible
Ham 13 - national security and political analyst and the best-selling author of "The GOP Civil War: Inside the Battle for the Soul of the Republican Party" (Eric, "NSA spying revelations push US-German relations to the brink," http://www.allvoices.com/contributed-news/16071478-nsa-spying-revelations-push-us-foreign-policy-to-the-brink) Revelations that the United States National Security Agency monitored German Chancellor Angela Merkel’s mobile phone AND for world leaders to hit the reset button before the damage is irreversible.
The plan restores trust – solves EU relations
Smith-Spark 13 (Laura, "Germany’s Angela Merkel: Relations with U.S. ’severely shaken’ over spying claims," http://www.cnn.com/2013/10/24/world/europe/europe-summit-nsa-surveillance/) "Trust needs to be rebuilt."¶ That’s what German Chancellor Angela Merkel firmly asserted AND United States does gather intelligence of "the type gathered by all nations." Nonetheless, the allegations prompted a flurry of diplomatic activity this week between the United States and France.
Deepening US-EU relations energy use and urbanization – solves warming
Fisher 13 – president of American Friends of the Alexander von Humboldt Foundation (Cathleen, "The Invisible Pillar of Transatlantic Cooperation," Science and Diplomacy, http://www.sciencediplomacy.org/article/2013/invisible-pillar-transatlantic-cooperation) Science and technology (S26T) is and will be important to the AND give S26T cooperation a more central role in the transatlantic relationship.
US and EU cooperation get all other major emitters on board
Vig and Faure 4 - professor of science, technology and society at Carleton College, Minnesota and professor of comparative and international environmental law at Maastricht U, the Netherlands (Norman J. Vig and Michael G. Faure, Green Giants? Environmental Policies of the United States and the European Union, 2004) This book stems from our concern that the US and the EU—representing the AND will be willing or able to pursue sustainable development policies in the future.
Causes extinction—4 degree projections trigger a laundry list of extinction scenarios
Roberts 13—citing the World Bank Review’s compilation of climate studies - 4 degree projected warming, can’t adapt - heat wave related deaths, forest fires, crop production, water wars, ocean acidity, sea level rise, climate migrants, biodiversity loss David, "If you aren’t alarmed about climate, you aren’t paying attention" ~http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~ January 10 mtc We know we’ve raised global average temperatures around 0.8 degrees C so far AND , but a world that is inexorably more inhospitable with every passing decade. Warming is anthropogenic – most comprehensive analysis to date proves Green 13 – Professor of Chemistry @ Michigan Tech, *John Cook – Fellow @ Global Change Institute, produced climate communication resources adopted by organisations such as NOAA and the U.S. Navy Dana Nuccitelli – MA in Physics @ UC-Davis *Mark Richardson – PhD Candidate in Meteorology, et al., ("Quantifying the consensus on anthropogenic global warming in the scientific literature," Environmental Research Letters, 8.2) An accurate perception of the degree of scientific consensus is an essential element to public AND 1 based on abstract ratings) endorses the scientific consensus on AGW.
There is a low threshold for RUNAWAY warming – newest studies prove Goldblatt 13 – PhD in Environmental Sciences, Research Associate, Virtual Planetary Laboratory 26 Astronomy Department @ U Washington (Colin, et al., "Low simulated radiation limit for runaway greenhouse climates," Nature Geoscience 6, 661–667, doi:10.1038/ngeo1892) Here, we present the most complete study of the runaway greenhouse for 25 years AND (with a major component being condensable), and no empirical comparison cases.
The risk is existential Mazo 10 – PhD in Paleoclimatology from UCLA (Jeffrey Mazo, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, "Climate Conflict: How global warming threatens security and what to do about it," pg. 122) The best estimates for global warming to the end of the century range from 2 AND adaptation to these extremes would mean profound social, cultural and political changes.
Warming destroys all human and non-human life on earth Brandenberg 99 – PhD, Physicist (Dr. John, Physicist, Dead Mars, Dying Earth, p. 232-233) The world goes on its merry way and fossil fuel use continues to power it AND Mars – red, desolate, with perhaps a few hardy microbes surviving.
Warming disrprotionately impacts periphery communities who are least responsible for climate change – crosses lines of race, class, gender, and social status
Burkett 8 – Professor of Law Maxine Burkett, Associate Professor, University of Colorado Law School, 2008, "Just Solutions to Climate Change: A Climate Justice Proposal for a Domestic Clean Development Mechanism," 56 Buffalo L. Rev. 169, Lexis The profound injustices that inhere in climate change’s disproportionate effects are obvious, yet two AND process of crafting solutions, "fair outcomes will only ever be coincidental."
====Solving proximate warming is more important than the root cause—the alt takes too long==== Parenti 13 Christian, "A Radical Approach to the Climate Crisis" ~http://www.dissentmagazine.org/article/a-radical-approach-to-the-climate-crisis~~ Summer mtc Several strands of green thinking maintain that capitalism is incapable of a sustainable relationship with AND rising seas or smashed to pieces by the wrathful storms of climate chaos.
Solvency
Congressional restrictions solve
Wong 6 – J.D. Candidate, Harvard Law School, Class of 2008; M. Phil., University of Cambridge, 2005; B.S., University of California, Berkeley, 2004 (Katherine, "THE NSA TERRORIST SURVEILLANCE PROGRAM," Harv. J. on Legis. 517) By undertaking electronic surveillance outside the bounds of FISA, 102 the terrorist surveillance program AND electronic surveillance, and the administration should comply with and respect Congress’s judgment.
The president is bound by the plan and it’s enforceable in the courts
Huhn 7 – Professor of Law, University of Akron School of Law; J.D., Cornell Law School, 1977; B.A., Yale University, 1972 (Wilson, "CONGRESS HAS THE POWER TO ENFORCE THE BILL OF RIGHTS AGAINST THE FEDERAL GOVERNMENT; THEREFORE FISA IS CONSTITUTIONAL AND THE PRESIDENT’S TERRORIST SURVEILLANCE PROGRAM IS ILLEGAL," Wm. 26 Mary Bill of Rts. J. 537) The principal point of this Article is that Congress has plenary authority to enforce the AND war. FISA is constitutional, and the Terrorist Surveillance Program is illegal.
Best recent scholarship and examples prove that law can constrain the executive and Obama will comply
Aziz Z. Huq 12, Assistant Professor of Law, University of Chicago Law School, "Binding the Executive (by Law or by Politics)", May 25, www.law.uchicago.edu/files/file/400-ah-binding.pdf There is some merit to this story. But in my view it again understates AND account of executive discretion that omits law and legal institutions will be incomplete.
Surveillance is a component of offensive cyber operations
====Short timeframe for action means quick policy solutions are key – otherwise runaway warming will cause extinction and prevent radical changes to society ==== Parenti 13 Christian, "A Radical Approach to the Climate Crisis" ~http://www.dissentmagazine.org/article/a-radical-approach-to-the-climate-crisis~~ Summer mtc Several strands of green thinking maintain that capitalism is incapable of a sustainable relationship with AND rising seas or smashed to pieces by the wrathful storms of climate chaos.
Infusing climate change education into debate should a priority – shapes our environmental consciousness – solves environmental harm
Boyes 12 - senior lecturer in education and chairman of the Board of Studies of AND Unit and has published widely on children’s understanding of science and environmental education issues (Eddie, first author on the Steering Committee, Climate Change Education, Climate Change Education in Formal Settings, K-14: A Workshop Summary, NAP) America’s Climate Choices (National Research Council, 2011a) describes key issues the nation AND the next generation to make good decisions ~related to~ climate change."
Boyes 12 - senior lecturer in education and chairman of the Board of Studies of AND Unit and has published widely on children’s understanding of science and environmental education issues (Eddie, first author on the Steering Committee, Climate Change Education, Climate Change Education in Formal Settings, K-14: A Workshop Summary, NAP) Adding climate change education on top of all that is already in the curriculum, AND to treat climate change in the context of both earth and human systems.
Introducing the warming threat into academic space is a key starting point for more thoughtful consumption decisions in our everyday life
Boyes 12 - senior lecturer in education and chairman of the Board of Studies of AND Unit and has published widely on children’s understanding of science and environmental education issues (Eddie, first author on the Steering Committee, Climate Change Education, Climate Change Education in Formal Settings, K-14: A Workshop Summary, NAP) A starting point for thinking about the materials used to teach about climate for Niepold AND other principles, which are oriented toward "making informed and responsible decisions."
====There is intrinsic value to the future-counterfactual simulation of the 1ac – representations of future climate change impacts leads to new solutions external to the aff and avoid traditional pedagogical dilemmas of role-playing==== —sex edited —attempts to project conceptions of the past into the future rely on an anchoring bias that is flawed – new scenarios must be injected to understand new futures Junio 13 – PhD in Political Science @ Penn, currently @ Stanford (Timothy and Thomas Mahnken, "Conceiving of Future War: The Promise of Scenario Analysis for International Relations," International Studies Review, 15) As noted in our discussion of the counterfactuals literature, most scholars writing about the AND new ones, while also improving the processes of teaching and theory building.
====The 1ac’s narrative of environmental risk is motivating and drives individual activism==== Veldman 12 – PhD Candidate Religion and Nature at U of Florida (Robin- National Foundation Fellow at the Integrative Graduate Education and Research Traineeship, Spring, "Narrating the Environmental Apocalypse: How Imagining the End Facilitates Moral Reasoning Among Environmental Activists" Ethics and the Environment, Vol 17 No 1, ProjectMuse) Environmental Apocalypticism and Activism As we saw in the introduction, critics often argue that AND apocalypticism and moral reasoning looks like in practice. ~End Page 12~
The United States Congress should statutorily restrict the President’s war powers authority by prohibiting the use of offensive cyber operations.
Contention One: Warming
New multilateral warming agreements are being negotiated for 2015 – they can succeed, but require trust and cooperation
Langley 13 - Research Associate at The Brookings Institution (Claire, "Climate Change Negotiations in Warsaw Result in a Timeline for Agreement in 2015," Brookings, http://www.brookings.edu/blogs/up-front/posts/2013/11/27-climate-change-warsaw-cop19-timeline-hultman) Small steps toward an agreement on climate change in 2015 were made at the recent AND between the developed and developing country parties will widen over the coming months.
Unregulated NSA spying will collapse new negotiations – it’s impossible to build trust when amidst a narrative of US snooping
Richter and Dilian 13 – analyst @ LA Times, Focusing on trans-Atlantic relations (Paul and Ken, LA Times, Spy furor strains ties with Europe; Experts say U.S. intelligence and diplomatic relations have suffered, lexis) The expanding transatlantic scandal over U.S. eavesdropping on Europe’s leaders and spying AND it is the economic powerhouse of Europe, its reaction may matter most.
Independently, NSA spying puts EU relations on the brink – spills over to unrelated issues – new restrictions prevent the damage from becoming irreversible
Ham 13 - national security and political analyst and the best-selling author of "The GOP Civil War: Inside the Battle for the Soul of the Republican Party" (Eric, "NSA spying revelations push US-German relations to the brink," http://www.allvoices.com/contributed-news/16071478-nsa-spying-revelations-push-us-foreign-policy-to-the-brink) Revelations that the United States National Security Agency monitored German Chancellor Angela Merkel’s mobile phone AND for world leaders to hit the reset button before the damage is irreversible.
The plan restores trust – solves EU relations
Smith-Spark 13 (Laura, "Germany’s Angela Merkel: Relations with U.S. ’severely shaken’ over spying claims," http://www.cnn.com/2013/10/24/world/europe/europe-summit-nsa-surveillance/) "Trust needs to be rebuilt."¶ That’s what German Chancellor Angela Merkel firmly asserted AND United States does gather intelligence of "the type gathered by all nations." Nonetheless, the allegations prompted a flurry of diplomatic activity this week between the United States and France.
Deepening US-EU relations energy use and urbanization – solves warming
Fisher 13 – president of American Friends of the Alexander von Humboldt Foundation (Cathleen, "The Invisible Pillar of Transatlantic Cooperation," Science and Diplomacy, http://www.sciencediplomacy.org/article/2013/invisible-pillar-transatlantic-cooperation) Science and technology (S26T) is and will be important to the AND give S26T cooperation a more central role in the transatlantic relationship.
US and EU cooperation get all other major emitters on board
Vig and Faure 4 - professor of science, technology and society at Carleton College, Minnesota and professor of comparative and international environmental law at Maastricht U, the Netherlands (Norman J. Vig and Michael G. Faure, Green Giants? Environmental Policies of the United States and the European Union, 2004) This book stems from our concern that the US and the EU—representing the AND will be willing or able to pursue sustainable development policies in the future.
Causes extinction—4 degree projections trigger a laundry list of extinction scenarios
Roberts 13—citing the World Bank Review’s compilation of climate studies - 4 degree projected warming, can’t adapt - heat wave related deaths, forest fires, crop production, water wars, ocean acidity, sea level rise, climate migrants, biodiversity loss David, "If you aren’t alarmed about climate, you aren’t paying attention" ~http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~ January 10 mtc We know we’ve raised global average temperatures around 0.8 degrees C so far AND , but a world that is inexorably more inhospitable with every passing decade. Warming is anthropogenic – most comprehensive analysis to date proves Green 13 – Professor of Chemistry @ Michigan Tech, *John Cook – Fellow @ Global Change Institute, produced climate communication resources adopted by organisations such as NOAA and the U.S. Navy Dana Nuccitelli – MA in Physics @ UC-Davis *Mark Richardson – PhD Candidate in Meteorology, et al., ("Quantifying the consensus on anthropogenic global warming in the scientific literature," Environmental Research Letters, 8.2) An accurate perception of the degree of scientific consensus is an essential element to public AND 1 based on abstract ratings) endorses the scientific consensus on AGW.
There is a low threshold for RUNAWAY warming – newest studies prove Goldblatt 13 – PhD in Environmental Sciences, Research Associate, Virtual Planetary Laboratory 26 Astronomy Department @ U Washington (Colin, et al., "Low simulated radiation limit for runaway greenhouse climates," Nature Geoscience 6, 661–667, doi:10.1038/ngeo1892) Here, we present the most complete study of the runaway greenhouse for 25 years AND (with a major component being condensable), and no empirical comparison cases.
The risk is existential Mazo 10 – PhD in Paleoclimatology from UCLA (Jeffrey Mazo, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, "Climate Conflict: How global warming threatens security and what to do about it," pg. 122) The best estimates for global warming to the end of the century range from 2 AND adaptation to these extremes would mean profound social, cultural and political changes.
Warming destroys all human and non-human life on earth Brandenberg 99 – PhD, Physicist (Dr. John, Physicist, Dead Mars, Dying Earth, p. 232-233) The world goes on its merry way and fossil fuel use continues to power it AND Mars – red, desolate, with perhaps a few hardy microbes surviving.
Warming disrprotionately impacts periphery communities who are least responsible for climate change – crosses lines of race, class, gender, and social status
Burkett 8 – Professor of Law Maxine Burkett, Associate Professor, University of Colorado Law School, 2008, "Just Solutions to Climate Change: A Climate Justice Proposal for a Domestic Clean Development Mechanism," 56 Buffalo L. Rev. 169, Lexis The profound injustices that inhere in climate change’s disproportionate effects are obvious, yet two AND process of crafting solutions, "fair outcomes will only ever be coincidental."
Warming universally effects everyone BUT has DISPRORTIONATE IMPACTS depending on individuals and countries socio-economic and geographic locations – US action is key because we are the largest emitter of emissions
Gordon 7 Ruth Gordon, Professor of Law at Villinova University, "The Climate of Environmental Justice: Taking Stock: Climate Change and the Poorest Nations: Further Reflections on Global Inequality". Colorado Law Review, Lexis There is no longer any question that the earth’s climate is warming. We can AND a slow death in ecologically vulnerable and technologically lacking low-income nations.
we have created a majority of the problem of warming and the consequences have been felt by those who play little to no role in contributing to their own slow ecological death –
*modified for ableist language Burkett 8 – Professor of Law Maxine Burkett, Associate Professor, University of Colorado Law School, 2008, "Just Solutions to Climate Change: A Climate Justice Proposal for a Domestic Clean Development Mechanism," 56 Buffalo L. Rev. 169, Lexis Environmental justice norms demand that in choosing its response to climate change, the United AND the nation’s claimed foundational commitment to justice and equity in our laws. n289
Solvency
Congressional restrictions solve
Wong 6 – J.D. Candidate, Harvard Law School, Class of 2008; M. Phil., University of Cambridge, 2005; B.S., University of California, Berkeley, 2004 (Katherine, "THE NSA TERRORIST SURVEILLANCE PROGRAM," Harv. J. on Legis. 517) By undertaking electronic surveillance outside the bounds of FISA, 102 the terrorist surveillance program AND electronic surveillance, and the administration should comply with and respect Congress’s judgment.
The president is bound by the plan and it’s enforceable in the courts
Huhn 7 – Professor of Law, University of Akron School of Law; J.D., Cornell Law School, 1977; B.A., Yale University, 1972 (Wilson, "CONGRESS HAS THE POWER TO ENFORCE THE BILL OF RIGHTS AGAINST THE FEDERAL GOVERNMENT; THEREFORE FISA IS CONSTITUTIONAL AND THE PRESIDENT’S TERRORIST SURVEILLANCE PROGRAM IS ILLEGAL," Wm. 26 Mary Bill of Rts. J. 537) The principal point of this Article is that Congress has plenary authority to enforce the AND war. FISA is constitutional, and the Terrorist Surveillance Program is illegal.
Advocacy
====Short timeframe for action means quick policy solutions are key – otherwise runaway warming will cause extinction and prevent radical changes to society ==== Parenti 13 Christian, "A Radical Approach to the Climate Crisis" ~http://www.dissentmagazine.org/article/a-radical-approach-to-the-climate-crisis~~ Summer mtc Several strands of green thinking maintain that capitalism is incapable of a sustainable relationship with AND rising seas or smashed to pieces by the wrathful storms of climate chaos.
====There is intrinsic value to the future-counterfactual simulation of the 1ac – representations of future climate change impacts leads to new solutions external to the aff and avoid traditional pedagogical dilemmas of role-playing==== —sex edited —attempts to project conceptions of the past into the future rely on an anchoring bias that is flawed – new scenarios must be injected to understand new futures Junio 13 – PhD in Political Science @ Penn, currently @ Stanford (Timothy and Thomas Mahnken, "Conceiving of Future War: The Promise of Scenario Analysis for International Relations," International Studies Review, 15) As noted in our discussion of the counterfactuals literature, most scholars writing about the AND new ones, while also improving the processes of teaching and theory building.
The celebration of targeted killings represents a return to the logics of mob violence and lynchings of black Americans. Much like the klu klux klan, the American Empire legitimizes its actions through the intimidation of the other and by establishing a false ideal of safe and pure democracy.
In order to understand our current condition it is important to offer a historical exegesis of America’s history with lynching. The spectacle of lynching was used in America as a form of race, class, and gender control legitimated as a response to perceived threats
Garland 05 David Garland, Professor, School of Law, New York University Law 26 Society Review, Volume 39, Number 4 (2005) Jstor I argue that public torture lynchings were a mode of racial repression-and AND threatened the balance of power between racial and economic groups in the South.
A frequent response to lynching has been to try to marginalize it as a unique act by a handful of racists in the South. This effort to marginalize the implications of lynching ignores its widespread national roots
Pfeifer 13 Michael I. Pfeifer is an associate professor of history at John Jay College of Criminal Justice, CUNY, and at the CUNY Graduate Center, Lynching Beyond Dixie: American Mob Violence Outside the South While observers in the late nineteenth and earlv twentieth centuries often construed lynching as a AND and the Mid-Atlantic, and that which occurred in the South.
Treating lynching as a historical anomaly disconnected from present policies and experiences ignores the historical continuities in our approaches to criminal punishment
Garland 05 David Garland, Professor, School of Law, New York University Law 26 Society Review, Volume 39, Number 4 (2005) Jstor Rethinking the Sociology of Punishment Recovering the history of lynchings-as-punishments should AND may easily dissolve. Picture postcards of lynchings are evidence enough of that.
The treatment of the present-absent specter of the lynched body is a necessary consideration for this investigation. We must interrogate the role of the passive public fascinated by, but unwilling to challenge lynching.
Apel 6 Dora Apet is the W. Hawkins Ferry Chair in Twentieth Century Art in the Department of Art and Art History at Wayne State University in Detroit, Lynching, Visucility, and Empire, http://nka.dukejournals.org.www2.lib.ku.edu:2048/content/2006/20/44 Today when we look at lynching photographs, we try not to see them AND responsibility of historical witnessing. The photographer now renders a service to history.
Silence in the face of lynching was a form of complicity
Apel 6 Dora Apet is the W. Hawkins Ferry Chair in Twentieth Century Art in the Department of Art and Art History at Wayne State University in Detroit, Lynching, Visucility, and Empire, http://nka.dukejournals.org.www2.lib.ku.edu:2048/content/2006/20/44 The Atlanta exhibition curator Joseph Jordan also responded to doubters: "If we AND counter the communal pride of the white mob "looking back at us."
Targeted killings participate in a similar logic of racial violence
Hamilton 12 John Hamilton is an activist and member of The Upstate NY Coalition to Ground the Drones Targeted Assassination is Lynching http://upstatedroneaction.org/wordpress/2012/11/11/targeted-assassination-is-lynching/ For many of us today, it is hard to imagine how our ancestors stood by as innocent people in this country were dragged from their homes and lynched. We like to think, we would never allow such obvious injustice21 Your recent editorial supporting illegal drones attacks by the US helps fill in this historical blank. You are, in 2012, applauding the routine extrajudicial murder of human beings. Another word for extrajudicial murder is lynching. You are publicly advocating international lynching21 As soon as our government names someone ’terrorist’, they lose all legal and human rights, with your approval. They can then be dragged from their homes, and hung from the nearest tree, or, in today’s drones terms bug splattered. Some white person in Selma Alabama in 1880 is nodding, only ’terrorist’ was spelled different back then. You can’t be unaware that Stanford and NYU just completed the first comprehensive study of US drones in Pakistan. Their conclusions: 98 of those killed were women children and locals, who pose no threat to the US. You can’t be unaware the UN charter, which the US senate ratified 89 to 2, makes acts of aggression by all nations, including the US, always and everywhere illegal. You can’t be unaware UN officials have called US drone attacks ’ certainly war crimes’, and said they undermine the whole structure of international law. If you are unaware of these well known facts , you must be publicly shamed as journalists. If you are aware of these, and still support illegal and immoral drones, you must be publicly shamed as part of a modern lynch mob. The reality is this, folks, editors as well as readers. We are all essentially equal humans. This is both a biological and a legal fact. White supremacy fueled domestic lynching, in direct defiance of the US Constitution. US supremacy today fuels international lynching, in direct defiance of US law, US public promises, and human law. We humans all have equal rights under human law. No exceptions. You make extrajudicial murder, international lynching, sound necessary, reasonable and laudable. You completely ignore, and thereby obliterate, the rule of law. There is a horror in your banal words that chills the blood. A small town Georgia newspaper, a hundred years ago, while burned bodies dangle in the trees, is nodding in recognition.
In response to lynching, the acceptance of the claims that lynching was necessary for our security fueled a banal acceptance of evil
Garland 05 David Garland, Professor, School of Law, New York University Law 26 Society Review, Volume 39, Number 4 (2005) Jstor In the early 1890s-nearly 30 years after Emancipation, 20 years after AND meanings and to identify the sensibilities and social relations that made them possible.
The acceptance of extra-judicial killing manifests itself in ongoing every day systemic violence
Exceptionalism is rooted in denial of death- that causes extinction because it demands casualties in order to create perceptions of American immortality. Our rejection of lynching is one that mourns those sacrificed for white necrophilia.
Peterson ’7 (Christopher, Lecturer @ University of Western Sidney, Kindred Specters: Death, Mourning, and American Affinity, pgs. 3-8) While this study accords with the claim that American culture disavows mortality, 1 do AND may be attained only as an exception" (67, his emphasis).
It is because of this historical exegesis that we rise in opposition to extra-judicial killing. Chris and I endorse judicial restrictions on the authority of the executive to lynch.
The historic lessons of those who opposed lynching provide direction to opposing extra judicial killing today
Sims 10 Angela Sims is Assistant Professor of Ethics and Black Church Studies at Saint Paul School of Theology in Kansas City, Missouri, Ethical Complications of Lynching: Ida B. Wells’s Interrogation of American Terror p. 95-6 The antidote that Wells articulated in Southern Horrors, her first publication on lynching, AND present another explanation of justice-motivated actions in an increasingly globalized society.
We do individually have our hands on the levers of power—it is our individual response that defines our ethics
Sims 10 Angela Sims is Assistant Professor of Ethics and Black Church Studies at Saint Paul School of Theology in Kansas City, Missouri, Ethical Complications of Lynching: Ida B. Wells’s Interrogation of American Terror p. 106 From Wells’s perspective, oppressed members should not only expect, they should demand that AND to ocean, a way will be found to make it so.23
In response to lynching white women in the south contributed to stopping lynching by declaring their opposition to lynching being done in their name
Pratt 13 Minnie Bruce Pratt is Professor of Writing and Women’s Studies at Syracuse University Feminist Theory Reader, Third Edition edited by Carole Mccann, Seung-kyung Kim p. 290 In my looking I also discovered a tradition of white Christian-raised women in AND world, we need to be saying: Not in my name. ...
We ask the judge in this debate to restrict the authority of the president to engage in lynching in your name. Your act of opposition is a restriction on authority
Williams 13 John Williams is Professor of International Relations Durham University in Just War: authority, tradition and practice. Lang, Anthony F., O’Driscoll, Cian 26 Williams, John C. Washington DC: Georgetown University Press. 63-80 As with any such mass demonstration, there was doubtless a great mixture of reasons AND political significance of challenging a standard idea of legitimate authority as sovereign authority.
The stance of removing our own authorization is essential to reclaim ethics
Williams 13 John Williams is Professor of International Relations Durham University in Just War: authority, tradition and practice. Lang, Anthony F., O’Driscoll, Cian 26 Williams, John C. Washington DC: Georgetown University Press. 63-80 LEGITIMATE AUTHORITY, THE STATE, AND SOVEREIGNTY C. A. J. Coady offers a relatively rare analysis of the way AND nor can it be outside political debate about which ethical frame to apply.
1/27/14
1ac OU LM Pitt RR
Tournament: Pitt RR | Round: 4 | Opponent: OU LM | Judge: Short
Plan
The United States federal judiciary should affirm in opposition to Al-Bihani v. Obama, through the application of the "Charming Betsy" Canon, that treaties ratified by the United States are a restriction on the war powers authority of the President of the United States in the area of indefinite detention.
Charming Betsy
In a 2-1 decision in Al-Bihani v Obama, the D.C. panel — ignored the stance of the Executive, the Congress and the Supreme Court on how International Treaty Law should be applied
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law 43 Geo. J. Int’l L. 927 The court’s holding in Al-Bihani is troubling in several respects. First, AND on the MCA but rather should be informed by the laws of war.
That has a legally binding force unless reversed
Alstine 11 Michael P. Van Alstine , Prof of Law University of Maryland Duke Law Journal, U of Maryland Legal Studies Research Paper No. 2011-33 STARE DECISIS AND FOREIGN AFFAIRS http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1881137 It is a curious fact the Framers structured the Constitution precisely to protect against divergent AND of the foreign relations power to the national government in the first place."
On appeal the D.C. En Banc ruling ducked the question and failed to affirm that treaty law can be a restriction on Presidential war power authority
Luban 10 David Luban is University Professor and Professor of Law and Philosophy at the Georgetown University Law Center¶ Opting out of the Law of War: Comments on Withdrawing from International Custom, 120 Yale. L.J. Online 151 (2010), http://yalelawjournal.org/2010/12/8/luban.html ¶ ¶ ¶ The law of war is the elephant in the room for any AND law of war—not only in legal doctrine but on the battlefield.
If not explicitly reversed the D.C. circuit ruling will have widespread effect unraveling treaty law in other contexts as well
Hathaway 10 Oona A. Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law and director of the Center for Global Legal Challenges at Yale Law School BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND SCHOLARS AS AMICI CURIAE IN SUPPORT OF REHEARING OR REHEARING EN BANC http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf 3. The panel’s broad and inaccurate pronouncements on the applicability of the laws of AND , the damage caused by the panel opinion is likely to be widespread.
Independently, The Al-Bihani decision reverses the Charming Betsy canon
Walsh 10 Cara Maureen Walsh J.D. Candidate 2010, Vanderbilt University Law School. Al-Bihani, Not So Charming October, 2010 Vanderbilt Journal of Transnational Law 43 Vand. J. Transnat’l L. 1151 B. The Court’s Legal Reasoning First, the appeals court panel found that international AND permits the President to detain anyone who had merely "supported" enemy forces
This reversal sends a dangerous signal that the judiciary cannot enforce international treaty law
Paust 12 Jordan J. Paust Mike 26 Teresa Baker Law Center Professor, University of Houston. Spring, 2012, Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, and Deviant Dicta in the D.C. Circuit Cornell International Law Journal 45 Cornell Int’l L.J. 367 IV. Shocking Errors and Deviant Dicta in the District of Columbia Circuit Rarely AND values will be more effective if we refuse to cast those values aside.
Al-Bihani locks in a perception that the judiciary cannot enforce its international commitments and the U.S. can legally violate its international obligations
Adherence to the Charming Betsy canon is critical to development of a global transnational judicial dialogue that assures commitments to treaties
Waters 07 Melissa A Waters Assistant Professor of Law, Washington 26 Lee Law School. USING HUMAN RIGHTS TREATIES TO RESOLVE AMBIGUITY: THE ADVENT OF A RIGHTSCONSCIOUS CHARMING BETSY CANON http://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-38-2007/issue-2/using-human-rights-waters.pdf One of the most significant developments in international law over the past decade has been AND statutes in such a manner that they would not violate either international treaties.
Preservation of the Charming Betsy doctrine is vital to maintaining global commitments to international norms—independently solves conflict
Crootoff 11 Rebecca Crootof, J.D. Yale Law School Judicious Influence: Non-Self-Executing Treaties and the Charming Betsy Canon (April 5, 2011). Yale Law Journal. Available at SSRN: http://ssrn.com/abstract=1803380 The Charming Betsy Canon Encourages Domestic Courts’ Engagement with International Agreements and International Adoption AND values. See Waters, supra note 159, at 555-59.
====Effective treaty compliance solves war and collapse causes it==== Muller 2K Dr. Harold Muller is the Director of the Peace Research Institute-Frankfurt and Professor of International Relations at Goethe University Compliance Politics: A Critical Analysis of Multilateral Arms Control Treaty Enforcement http://cns.miis.edu/npr/pdfs/72muell.pdf In this author’s view,3 at least four distinct missions continue to make arms control, disarmament, and non-proliferation agreements useful, even indispensable parts of a stable and reliable world security structure: • As long as the risk of great power rivalry and competition exists—and AND are made empty shells by repeated breaches and a lack of effective enforcement.
U.S. not applying judicial standards of treaties in detention spills over to destroy treaties generally
Legal Information Institute 7 (The Legal Information Institute is a public service of Cornell Law School. "Boumediene v. Bush (06-1195); Al Odah v. United States (06-1196)" December 5, 2007, http://www.law.cornell.edu/supct/cert/06-1195) Amici for the detainees argue that international law entitles detainees to certain fundamental rights, AND the ICCPR and is therefore bound by these agreed-upon international obligations.
Contention 2: Warming
Multiple internal links:
First is the courts
Courts will inevitably address climate change questions – applying Charming Betsy is key to developing effective solutions
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. 26 Mary Envtl. L. 26 Pol’y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 How U.S. Courts Should Use International Climate Change Norms In the AND understanding of the judicial role in tackling the emerging law of climate change.
Recognition of international treaty norms is key to U.S. leadership and effective global solutions to climate change
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. 26 Mary Envtl. L. 26 Pol’y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 Advantages of Bringing International Norms into Domestic Climate Change Cases Although domestic U. AND , thereby, more significantly shape the future of the international climate regime.
====That’s key to effective reforestation efforts==== Reyer 9 - Faculty of Forest and Environment, University of Applied Sciences Eberswalde (Climate change mitigation via afforestation, reforestation and deforestation avoidance and what about adaptation to environmental change?, http://www.pik-potsdam.de/members/reyer/reyer-et-al-climate-change-mitigation-via.pdf) Climate change is affecting the world’s ecosystems and threatening the economic system, ¶ livelihoods AND ¶ policy regulations are necessary, especially for the post-Kyoto process.
====Independently solves warming==== Gleeson et al 9 Jenny Gleeson, Applied Research and Development Branch Gary Nielsen, Southern Region Planning Unit Bill Parker, Ontario Forest Research Institute, "Carbon offsets from afforestation and the potential for landowner participation in Ontario", Climate Change Research Note, 2009, http://www.mnr.gov.on.ca/stdprodconsume/groups/lr/@mnr/@climatechange/documents/document/276916.pdf Climate change is perhaps the greatest environmental policy challenge of the 21st century. Recent AND , as well as economic and recreational benefits (Freedman and Keith 1998).
Second is the Montreal Protocol
New negotiations are coming that will make or break the protocol
Grabiel 26 Comerford 13 Danielle Fest Grabiel, IGSD Law Fellow, and Ms. Lia Comerford, IGSD Law Clerk¶ Enforcement Strategies for ¶ Combating the Illegal Trade¶ in HCfCs and Methyl Bromide¶ http://inece.org/wp-content/uploads/2013/06/Illegal_Trade_HCFCs_Methyl-Bromide.pdf Last year the world celebrated the Protocol’s 25th anniversary and its remarkable success. Parties AND ever that enforcement officers are trained ¶ and prepared to effectively address smuggling.
Only maintaining effective treaty cooperation can prevent extinction from Ozone depletion
Gareau 13 Brian J. Gareau is an Assistant Professor of Sociology and International Studies at Boston College. Whatever Happened to Ozone Layer Politics? http://www.e-ir.info/2013/01/29/whatever-happened-to-ozone-layer-politics/ The Montreal Protocol on Substances that Depletes the Ozone Layer (1997) is arguably AND heightened environmental awareness, the Montreal Protocol entered its own moment of uncertainty.
The Montreal Protocol is at risk and the U.S. is trying to lead efforts to strengthen it
US-EPA 12 U.S. Environmental Protection Agency¶ June 2012¶ 2¶ Benefits of Addressing HFCs under the Montreal Protocol¶ June 2012 http://www.epa.gov/ozone/downloads/Benefits20of20Addressing20HFCs20Under20the20Montreal20Protocol,20June202012.pdf The Montreal Protocol has been an unparalleled environmental success story. It is the only AND long-term. Table 10 displays the projected benefits from the Amendment.
Warming is anthropogenic – most comphrensive analysis to date proves
Green 13 – Professor of Chemistry @ Michigan Tech, *John Cook – Fellow @ Global Change Institute, produced climate communication resources adopted by organisations such as NOAA and the U.S. Navy Dana Nuccitelli – MA in Physics @ UC-Davis *Mark Richardson – PhD Candidate in Meteorology, et al., ("Quantifying the consensus on anthropogenic global warming in the scientific literature," Environmental Research Letters, 8.2) An accurate perception of the degree of scientific consensus is an essential element to public AND 1 based on abstract ratings) endorses the scientific consensus on AGW.
Tipping points are likely – leads to runaway warming
Guterl 12 – Editor @ Scientific American (Fred, "Climate Armageddon: How the World’s Weather Could Quickly Run Amok: Climate scientists think a perfect storm of climate "flips" could cause massive upheavals in a matter of years, http://www.scientificamerican.com/article.cfm?id=how-worlds-weather-could-quickly-run-amok) One of the most productive scientists in applying dynamical systems theory to climate is Tim AND the 50 billion to 100 billion tons of carbon now trapped in permafrost.
Causes extinction—4 degree projections trigger a laundry list of extinction scenarios
Roberts 13—citing the World Bank Review’s compilation of climate studies - 4 degree projected warming, can’t adapt - heat wave related deaths, forest fires, crop production, water wars, ocean acidity, sea level rise, climate migrants, biodiversity loss David, "If you aren’t alarmed about climate, you aren’t paying attention" ~http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~ January 10 mtc We know we’ve raised global average temperatures around 0.8 degrees C so far AND , but a world that is inexorably more inhospitable with every passing decade.
The risk is existential
Mazo 10 – PhD in Paleoclimatology from UCLA Jeffrey Mazo, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, "Climate Conflict: How global warming threatens security and what to do about it," pg. 122 The best estimates for global warming to the end of the century range from 2 AND adaptation to these extremes would mean profound social, cultural and political changes.
Not inevitable – it’s immediately reversible and there is no time lag
Desjardins 13 – member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center (Cléa, "Global Warming: Irreversible but Not Inevitable," http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php) Carbon dioxide emission cuts will immediately affect the rate of future global warming Concordia and AND mitigation challenge, clarifying these points of hope is critical to motivate change."
1/25/14
1ac OU LM Pitt RR
Tournament: Pitt RR | Round: 4 | Opponent: OU LM | Judge: Short
Plan
The United States federal judiciary should affirm in opposition to Al-Bihani v. Obama, through the application of the "Charming Betsy" Canon, that treaties ratified by the United States are a restriction on the war powers authority of the President of the United States in the area of indefinite detention.
Charming Betsy
In a 2-1 decision in Al-Bihani v Obama, the D.C. panel — ignored the stance of the Executive, the Congress and the Supreme Court on how International Treaty Law should be applied
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law 43 Geo. J. Int’l L. 927 The court’s holding in Al-Bihani is troubling in several respects. First, AND on the MCA but rather should be informed by the laws of war.
That has a legally binding force unless reversed
Alstine 11 Michael P. Van Alstine , Prof of Law University of Maryland Duke Law Journal, U of Maryland Legal Studies Research Paper No. 2011-33 STARE DECISIS AND FOREIGN AFFAIRS http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1881137 It is a curious fact the Framers structured the Constitution precisely to protect against divergent AND of the foreign relations power to the national government in the first place."
On appeal the D.C. En Banc ruling ducked the question and failed to affirm that treaty law can be a restriction on Presidential war power authority
Luban 10 David Luban is University Professor and Professor of Law and Philosophy at the Georgetown University Law Center¶ Opting out of the Law of War: Comments on Withdrawing from International Custom, 120 Yale. L.J. Online 151 (2010), http://yalelawjournal.org/2010/12/8/luban.html ¶ ¶ ¶ The law of war is the elephant in the room for any AND law of war—not only in legal doctrine but on the battlefield.
If not explicitly reversed the D.C. circuit ruling will have widespread effect unraveling treaty law in other contexts as well
Hathaway 10 Oona A. Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law and director of the Center for Global Legal Challenges at Yale Law School BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND SCHOLARS AS AMICI CURIAE IN SUPPORT OF REHEARING OR REHEARING EN BANC http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf 3. The panel’s broad and inaccurate pronouncements on the applicability of the laws of AND , the damage caused by the panel opinion is likely to be widespread.
Independently, The Al-Bihani decision reverses the Charming Betsy canon
Walsh 10 Cara Maureen Walsh J.D. Candidate 2010, Vanderbilt University Law School. Al-Bihani, Not So Charming October, 2010 Vanderbilt Journal of Transnational Law 43 Vand. J. Transnat’l L. 1151 B. The Court’s Legal Reasoning First, the appeals court panel found that international AND permits the President to detain anyone who had merely "supported" enemy forces
This reversal sends a dangerous signal that the judiciary cannot enforce international treaty law
Paust 12 Jordan J. Paust Mike 26 Teresa Baker Law Center Professor, University of Houston. Spring, 2012, Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, and Deviant Dicta in the D.C. Circuit Cornell International Law Journal 45 Cornell Int’l L.J. 367 IV. Shocking Errors and Deviant Dicta in the District of Columbia Circuit Rarely AND values will be more effective if we refuse to cast those values aside.
Al-Bihani locks in a perception that the judiciary cannot enforce its international commitments and the U.S. can legally violate its international obligations
Adherence to the Charming Betsy canon is critical to development of a global transnational judicial dialogue that assures commitments to treaties
Waters 07 Melissa A Waters Assistant Professor of Law, Washington 26 Lee Law School. USING HUMAN RIGHTS TREATIES TO RESOLVE AMBIGUITY: THE ADVENT OF A RIGHTSCONSCIOUS CHARMING BETSY CANON http://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-38-2007/issue-2/using-human-rights-waters.pdf One of the most significant developments in international law over the past decade has been AND statutes in such a manner that they would not violate either international treaties.
Preservation of the Charming Betsy doctrine is vital to maintaining global commitments to international norms—independently solves conflict
Crootoff 11 Rebecca Crootof, J.D. Yale Law School Judicious Influence: Non-Self-Executing Treaties and the Charming Betsy Canon (April 5, 2011). Yale Law Journal. Available at SSRN: http://ssrn.com/abstract=1803380 The Charming Betsy Canon Encourages Domestic Courts’ Engagement with International Agreements and International Adoption AND values. See Waters, supra note 159, at 555-59.
====Effective treaty compliance solves war and collapse causes it==== Muller 2K Dr. Harold Muller is the Director of the Peace Research Institute-Frankfurt and Professor of International Relations at Goethe University Compliance Politics: A Critical Analysis of Multilateral Arms Control Treaty Enforcement http://cns.miis.edu/npr/pdfs/72muell.pdf In this author’s view,3 at least four distinct missions continue to make arms control, disarmament, and non-proliferation agreements useful, even indispensable parts of a stable and reliable world security structure: • As long as the risk of great power rivalry and competition exists—and AND are made empty shells by repeated breaches and a lack of effective enforcement.
U.S. not applying judicial standards of treaties in detention spills over to destroy treaties generally
Legal Information Institute 7 (The Legal Information Institute is a public service of Cornell Law School. "Boumediene v. Bush (06-1195); Al Odah v. United States (06-1196)" December 5, 2007, http://www.law.cornell.edu/supct/cert/06-1195) Amici for the detainees argue that international law entitles detainees to certain fundamental rights, AND the ICCPR and is therefore bound by these agreed-upon international obligations.
Contention 2: Warming
Multiple internal links:
First is the courts
Courts will inevitably address climate change questions – applying Charming Betsy is key to developing effective solutions
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. 26 Mary Envtl. L. 26 Pol’y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 How U.S. Courts Should Use International Climate Change Norms In the AND understanding of the judicial role in tackling the emerging law of climate change.
Recognition of international treaty norms is key to U.S. leadership and effective global solutions to climate change
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. 26 Mary Envtl. L. 26 Pol’y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 Advantages of Bringing International Norms into Domestic Climate Change Cases Although domestic U. AND , thereby, more significantly shape the future of the international climate regime.
====That’s key to effective reforestation efforts==== Reyer 9 - Faculty of Forest and Environment, University of Applied Sciences Eberswalde (Climate change mitigation via afforestation, reforestation and deforestation avoidance and what about adaptation to environmental change?, http://www.pik-potsdam.de/members/reyer/reyer-et-al-climate-change-mitigation-via.pdf) Climate change is affecting the world’s ecosystems and threatening the economic system, ¶ livelihoods AND ¶ policy regulations are necessary, especially for the post-Kyoto process.
====Independently solves warming==== Gleeson et al 9 Jenny Gleeson, Applied Research and Development Branch Gary Nielsen, Southern Region Planning Unit Bill Parker, Ontario Forest Research Institute, "Carbon offsets from afforestation and the potential for landowner participation in Ontario", Climate Change Research Note, 2009, http://www.mnr.gov.on.ca/stdprodconsume/groups/lr/@mnr/@climatechange/documents/document/276916.pdf Climate change is perhaps the greatest environmental policy challenge of the 21st century. Recent AND , as well as economic and recreational benefits (Freedman and Keith 1998).
Second is the Montreal Protocol
New negotiations are coming that will make or break the protocol
Grabiel 26 Comerford 13 Danielle Fest Grabiel, IGSD Law Fellow, and Ms. Lia Comerford, IGSD Law Clerk¶ Enforcement Strategies for ¶ Combating the Illegal Trade¶ in HCfCs and Methyl Bromide¶ http://inece.org/wp-content/uploads/2013/06/Illegal_Trade_HCFCs_Methyl-Bromide.pdf Last year the world celebrated the Protocol’s 25th anniversary and its remarkable success. Parties AND ever that enforcement officers are trained ¶ and prepared to effectively address smuggling.
Only maintaining effective treaty cooperation can prevent extinction from Ozone depletion
Gareau 13 Brian J. Gareau is an Assistant Professor of Sociology and International Studies at Boston College. Whatever Happened to Ozone Layer Politics? http://www.e-ir.info/2013/01/29/whatever-happened-to-ozone-layer-politics/ The Montreal Protocol on Substances that Depletes the Ozone Layer (1997) is arguably AND heightened environmental awareness, the Montreal Protocol entered its own moment of uncertainty.
The Montreal Protocol is at risk and the U.S. is trying to lead efforts to strengthen it
US-EPA 12 U.S. Environmental Protection Agency¶ June 2012¶ 2¶ Benefits of Addressing HFCs under the Montreal Protocol¶ June 2012 http://www.epa.gov/ozone/downloads/Benefits20of20Addressing20HFCs20Under20the20Montreal20Protocol,20June202012.pdf The Montreal Protocol has been an unparalleled environmental success story. It is the only AND long-term. Table 10 displays the projected benefits from the Amendment.
Warming is anthropogenic – most comphrensive analysis to date proves
Green 13 – Professor of Chemistry @ Michigan Tech, *John Cook – Fellow @ Global Change Institute, produced climate communication resources adopted by organisations such as NOAA and the U.S. Navy Dana Nuccitelli – MA in Physics @ UC-Davis *Mark Richardson – PhD Candidate in Meteorology, et al., ("Quantifying the consensus on anthropogenic global warming in the scientific literature," Environmental Research Letters, 8.2) An accurate perception of the degree of scientific consensus is an essential element to public AND 1 based on abstract ratings) endorses the scientific consensus on AGW.
Tipping points are likely – leads to runaway warming
Guterl 12 – Editor @ Scientific American (Fred, "Climate Armageddon: How the World’s Weather Could Quickly Run Amok: Climate scientists think a perfect storm of climate "flips" could cause massive upheavals in a matter of years, http://www.scientificamerican.com/article.cfm?id=how-worlds-weather-could-quickly-run-amok) One of the most productive scientists in applying dynamical systems theory to climate is Tim AND the 50 billion to 100 billion tons of carbon now trapped in permafrost.
Causes extinction—4 degree projections trigger a laundry list of extinction scenarios
Roberts 13—citing the World Bank Review’s compilation of climate studies - 4 degree projected warming, can’t adapt - heat wave related deaths, forest fires, crop production, water wars, ocean acidity, sea level rise, climate migrants, biodiversity loss David, "If you aren’t alarmed about climate, you aren’t paying attention" ~http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~ January 10 mtc We know we’ve raised global average temperatures around 0.8 degrees C so far AND , but a world that is inexorably more inhospitable with every passing decade.
The risk is existential
Mazo 10 – PhD in Paleoclimatology from UCLA Jeffrey Mazo, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, "Climate Conflict: How global warming threatens security and what to do about it," pg. 122 The best estimates for global warming to the end of the century range from 2 AND adaptation to these extremes would mean profound social, cultural and political changes.
Not inevitable – it’s immediately reversible and there is no time lag
Desjardins 13 – member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center (Cléa, "Global Warming: Irreversible but Not Inevitable," http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php) Carbon dioxide emission cuts will immediately affect the rate of future global warming Concordia and AND mitigation challenge, clarifying these points of hope is critical to motivate change."
US-China climate cooperation is high now – solves key pollutants and spills over to broader multilateral agreements Selighson 13 – Researcher of environmental governance, University of California at San Diego (Deborah, "Reinvigorating the U.S.-China Climate Change Relationship," http://www.huffingtonpost.com/deborah-seligsohn/reinvigorating-the-us-china_b_3574898.html) There is good news on international climate change cooperation.¶ The United States and China AND cooperation, but for greater efforts in the multilateral arena, as well.
US-China cooperation goes global – incorporates other major powers and solves warming Jolly 13 – Analyst @ NYT (David, "U.S. and China Find Convergence on Climate Issue," NYT, Proquest) But with China having recently surpassed the United States as the world’s largest emitter of AND persuade other emerging economies like Brazil, India and South Africa to join.
Unfortunately, this cooperation is reversible – maintaining trust is key to the long-term success of carbon reductions King 13 – analyst @ RTCC (Ed, "USA plans ’accelerated’ climate change cooperation with China," Responding to Climate Change, http://www.rtcc.org/2013/04/15/usa-plans-accelerated-climate-change-cooperation-with-china/) China and the USA have announced plans to cooperate in the research and development of AND our bilateral relations will stay on the track of strong and stable growth."
US space weaponization leads to resentment and disrupts the delicate balance of trust Englehart 8 – JD, patent litigation attorney practicing in the firm’s Litigation, ITC Litigation and Patent Interferences groups (Alex, COMMON GROUND IN THE SKY: EXTENDING THE 1967 OUTER SPACE TREATY TO RECONCILE U.S. AND CHINESE SECURITY INTERESTS, Pacific Rim Law and Policy Journal, 17.1) A U.S. Deployment of These Space Weapons Will Open the Door for AND no one to have ¶ these weapons than for everyone to have them.
This collapses climate cooperation Moore 8 – Research Fellow @ TII, articles have appeared in the Brown Journal of World Affairs, Foreign Service Journal, Yes21 A Journal of Positive Futures, and The SAIS Review and International Affairs. (Mike, "Twilight War: The Folly of U.S. Space Dominance," Carnegie Council) Now, there is another moral issue. We are triggering a new arms race AND have? Nations need to work together in order to solve these problems.
It’s reverse causal – the plan is a significant confidence-building measure that invigorates a resilient partnership Walsh 7 – JD @ Georgetown (Frank, "ARTICLE: FORGING A DIPLOMATIC SHIELD FOR AMERICAN SATELLITES: THE CASE FOR REEVALUATING THE 2006 NATIONAL SPACE POLICY IN LIGHT OF A CHINESE ANTI-SATELLITE SYSTEM," 72 J. Air L. 26 Com. 759) China has actively advocated for a comprehensive treaty regime that limits the weaponization of space AND diplomatic shield to complement the military armor upon which the nation currently relies.
Global climate cooperation solves warming Burleson 7 – Pace University School of Law, LLM London School of Economics and Political Science, JD University of Connecticut School of Law (Elizabeth Burleson, "Multilateral Climate Change Mitigation" 41 U.S.F. Law Review 373, January 1 2007, Environmental Law Commons) The international community can overcome political and economic disparity to achieve climate stabilization. The AND of policy instruments. Avoiding catastrophic climate change requires genuine multilateral cooperation immediately.
Multilateral warming solutions avoid 4 degree warming – anything higher is catastrophic Kim 12 – PhD in Anthropology @ Harvard, former president of Dartmouth, Now President of the World Bank (Jim Yong, "Turn Down the Heat," p. ix) The 4°C scenarios are devastating: the inundation of coastal cities; increasing AND in mind. The World Bank Group will step up to the challenge.
Warming is anthropogenic – most comprehensive analysis to date proves Green 13 – Professor of Chemistry @ Michigan Tech, *John Cook – Fellow @ Global Change Institute, produced climate communication resources adopted by organisations such as NOAA and the U.S. Navy Dana Nuccitelli – MA in Physics @ UC-Davis *Mark Richardson – PhD Candidate in Meteorology, et al., ("Quantifying the consensus on anthropogenic global warming in the scientific literature," Environmental Research Letters, 8.2) An accurate perception of the degree of scientific consensus is an essential element to public AND 1 based on abstract ratings) endorses the scientific consensus on AGW.
There is a low threshold for RUNAWAY warming – newest studies prove Goldblatt 13 – PhD in Environmental Sciences, Research Associate, Virtual Planetary Laboratory 26 Astronomy Department @ U Washington (Colin, et al., "Low simulated radiation limit for runaway greenhouse climates," Nature Geoscience 6, 661–667, doi:10.1038/ngeo1892) Here, we present the most complete study of the runaway greenhouse for 25 years AND (with a major component being condensable), and no empirical comparison cases.
The risk is existential Mazo 10 – PhD in Paleoclimatology from UCLA (Jeffrey Mazo, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, "Climate Conflict: How global warming threatens security and what to do about it," pg. 122) The best estimates for global warming to the end of the century range from 2 AND adaptation to these extremes would mean profound social, cultural and political changes.
Warming destroys all human and non-human life on earth Brandenberg 99 – PhD, Physicist (Dr. John, Physicist, Dead Mars, Dying Earth, p. 232-233) The world goes on its merry way and fossil fuel use continues to power it AND Mars – red, desolate, with perhaps a few hardy microbes surviving.
Warming disrprotionately impacts periphery communities who are least responsible for climate change – crosses lines of race, class, gender, and social status
Burkett 8 – Professor of Law Maxine Burkett, Associate Professor, University of Colorado Law School, 2008, "Just Solutions to Climate Change: A Climate Justice Proposal for a Domestic Clean Development Mechanism," 56 Buffalo L. Rev. 169, Lexis The profound injustices that inhere in climate change’s disproportionate effects are obvious, yet two AND process of crafting solutions, "fair outcomes will only ever be coincidental."
Plan
The United States Congress should restrict the President’s war powers by applying the restrictions of the Chinese Treaty on Prevention of the Placement of Weapons in Outer Space through statute.
2
Contention two – solvency
That jumpstarts binding international agreements on space weapons Jaramillo 9 – MA in Global Governance, Program Officer at Project Ploughshares working on the Space Security and Nuclear Disarmament programs (Cesar, "In Defence of the PPWT Treaty: Toward a Space Weapons Ban," The Ploughshares Monitor, 30.4) The existing legal regime that tackles the potential weaponization of outer space is outdated, AND deserves, so that space can be preserved as a peaceful global commons.
New preventive measures are key to prevent the growing trend towards space weapons Wu 12 – Permanent Representative of China to the Conference on Disarmament (Haito, "Statement by H.E. Ambassador Wu Haitao, on PAROS," http://www.china-un.ch/eng/hom/t938642.htm) Firstly, arms race in outer space is posing an immediate security challenge to international AND in place to negotiate and conclude new international legal instrument on outer space.
3
Contention three is risk
The 1ac’s narrative of environmental risk is motivating and drives individual activism Veldman 12 – PhD Candidate Religion and Nature at U of Florida (Robin- National Foundation Fellow at the Integrative Graduate Education and Research Traineeship, Spring, "Narrating the Environmental Apocalypse: How Imagining the End Facilitates Moral Reasoning Among Environmental Activists" Ethics and the Environment, Vol 17 No 1, ProjectMuse) Environmental Apocalypticism and Activism As we saw in the introduction, critics often argue that AND apocalypticism and moral reasoning looks like in practice. ~End Page 12~
There is intrinsic value to the future-counterfactual simulation of the 1ac – representations of future climate change impacts leads to new solutions external to the aff and avoid traditional pedagogical dilemmas of role-playing —sex edited —attempts to project conceptions of the past into the future rely on an anchoring bias that is flawed – new scenarios must be injected to understand new futures Junio 13 – PhD in Political Science @ Penn, currently @ Stanford (Timothy and Thomas Mahnken, "Conceiving of Future War: The Promise of Scenario Analysis for International Relations," International Studies Review, 15) As noted in our discussion of the counterfactuals literature, most scholars writing about the AND new ones, while also improving the processes of teaching and theory building.
Scenario-testing is no different than everyday decision-making – our reliance on social scientific and hard scientific evidence just makes our method more rigorous Bricmont 1 – Professor of Theoretical Physics @ U of Louvain (Jean, professor of theoretical physics at the University of Louvain, "Defense of a Modest Scientific Realism", September 23, http://www.physics.nyu.edu/faculty/sokal/bielefeld_final.pdf) So, how does one obtain evidence concerning the truth or falsity of scientific assertions AND between the alternative theories if indeed they should be regarded as different theories.
Portraying warming as fast and catastrophic engages affect and causes a widespread paradigm shift Gardiner 10 – Professor @ Washington Stephen Gardiner, Associate Professor in the Department of Philosophy and the Program on Values in Society at the University of Washington, Future Ethics, pg. 91-92 What are the implications of all this psychology? Weber suggests that we must find AND truly global and catastrophic instances of it at that – which can help.
High-magnitude planning overcomes collective action problems – motivates multilateral responses to warming Cole 8 - Professor of Law, Indiana University School of Law–Indianapolis (David, "CLIMATE CHANGE AND COLLECTION ACTION," http://mckinneylaw.iu.edu/instructors/cole/web20page/ClimateChangeandCollectiveAction.pdf) It is easy to poke holes in the Kyoto Protocol (it is full of AND with climate change, are incremental but valuable improvements to ¶ existing institutions.
Our deployment of scenarios of risk is enabling – we need to visualize climate change impacts to shake up political apathy Beck 10 – Professor of Sociology @ Munich (Ulrich, sociology prof at Munich, "Climate for Change, or How to Create a Green Modernity?", Theory Culture Society 2010 27: 254) Sixth thesis: The political explosiveness of global risks is largely a function of their AND powerful as this hunger for modernization or it is condemned to repeated failure.
1/26/14
2AC Add-On Alliances
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Treaty abdication crushes alliances
Hathaway et al 13 Oona Hathaway, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts and AND Yale Journal of International Law¶ 38 Yale J. Int’l L. 123 ¶ International Law Limitations on Law-of-War Detention¶ ¶ International law AND and make the United States a less credible partner for future agreements. n181
Extinction
Ross 99 (Winter, Douglas – professor of political science at Simon Fraser University, Canada’s functional isolationism and the future of weapons of mass destruction, International Journal, p. lexis) Thus, an easily accessible tax base has long been available for spending much more AND community have any plausible hope of avoiding warfare involving nuclear or other WMD.
10/16/13
2AC Add-On Judicial Rule of Law
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Aff solves judicial rule of law
Blank 26 Guiora 10 Laurie R. Blank is the Director of Emory Law’s International Humanitarian Law Clinic. Amos N. Guiora is a Professor of Law at the University of Utah’s SJ Quinney College of Law, and his most recent book is Freedom from Religion: Rights and National Security (OUP, 2009). Suggested citation: Laurie R. Blank, Amos N. Guiora, Judicial Abdication in Times of War: Lessons Not Yet Learned, JURIST - Forum, Sept. 13, 2010, http://jurist.org/forum/2010/09/judicial-abdication-in-times-of-war-lessons-not-yet-learned.php. Nine years after 9/11, we still do not have a clear AND the court is abdicating its role in enforcing our domestic and international obligations.
Nuclear war
Kellman, prof of law @ DePaul, 1989 (Barry Kellman, prof of law @ DePaul, Dec 1989, "JUDICIAL ABDICATION OF MILITARY TORT ACCOUNTABILITY: BUT WHO IS TO GUARD THE GUARDS THEMSELVES?" 1989 Duke L.J. 1597) In this era of thermonuclear weapons, America must uphold its historical commitment to be AND recognizable in a millennium ushered in under the mushroom cloud of thermonuclear holocaust.
10/16/13
2AC Add-On Terrorism
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Treaty abdication crushes alliances and terrorism coop
Hathaway et al 13 Oona Hathaway, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts and AND Yale Journal of International Law¶ 38 Yale J. Int’l L. 123 ¶ International Law Limitations on Law-of-War Detention¶ ¶ International law AND and make the United States a less credible partner for future agreements. n181
Terrorism causes extinction
Myhrvold 13 Nathan, Phd in theoretical and mathematical physics from Princeton, and founded Intellectual Ventures after retiring as chief strategist and chief technology officer of Microsoft Corporation , July 2013, "Stratgic Terrorism: A Call to Action," The Lawfare Research Paper Series No.2, http://www.lawfareblog.com/wp-content/uploads/2013/07/Strategic-Terrorism-Myhrvold-7-3-2013.pdf Technology contains no inherent moral directive—it empowers people, whatever their intent, AND on a scale that will make 9/11 look trivial by comparison.
10/16/13
2AC CP- Amendment
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Courts will ignore the amendment
Segal 26 Spaeth ’02 ~The Supreme Court and the Attitudinal Model Revisted, p. 5-6~ If action by the Congress to undo the Court’s interpetation of one of its laws AND justices overruled their predecessors and magnaminously and unselfishly allowed themselves to be taxed.
They don’t solve – amendments only apply moving forward, don’t solve current cases
Jill E. Fisch, Professor and Director, Center for Corporate, Securities, and Financial Law, Fordham Law School, "The Implications of Transition Theory for Stare Decisis," JOURNAL OF CONTEMPORARY LEGALISSUES v. 13, 2003, p. 97-98. The second alternative when stare decisis does not permit a court to change the law AND relief. In contrast, statutory changes and constitutional amendments generally apply prospectively.
Even they fiat immediacy, it takes years to have a meaningful effect
In the final analysis, there is no clear fallback position for supporters of the AND , are found not in statute, but in report language accompanying statutes.
Takes 2 years
Huckabee 97 David, Specialist in American National Government, http://www.senate.gov/reference/resources/pdf/97-922.pdf In the period beginning with the First Congress, through September 30, 1997 ( AND average ratification time was one year, eight months, and seven days.
Gets rolled back
Sullivan 96 Kathleen, Professor of Law, Stanford University, CONSTITUTIONAL CONSTANCY: WHY CONGRESS SHOULD CURE ITSELF OF AMENDMENT FEVER, 17 Cardozo L. Rev. 691 Perhaps a properly enacted constitutional amendment cannot literally be unconstitutional. This would appear to AND is at least an additional argument for keeping amendments to an essential minimum.
Only the courts can solve the signal
Rogoff 06 Martin A. Rogoff Professor of Law, University of Maine School of Law.¶ MAINE LAW REVIEW¶ ~Vol. 58:2¶ APPLICATION OF TREATIES AND THE DECISIONS OF INTERNATIONAL TRIBUNALS IN THE UNITED STATES AND FRANCE: REFLECTIONS ON RECENT PRACTICE¶ http://www.mainelaw.maine.edu/academics/maine-law-review/pdf/vol58_2/vol58_me_l_rev_406.pdf In recent years, with the growth of international treaty law and the increasing role AND its international legal obligations is a matter for the state itself to determine.
The CP doesn’t do anything
Strauss, Law Prof at Chicago, 01 114 Harv. L. Rev. 1457 One final implication is the most practical of all. If amendments are in fact AND democracy, as the result of a formal amendment adopted by a supermajority.
10/16/13
2AC CP- Circuit Courts
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
En banc review undermines the credibility of the court and undermines the rule of law
Banks 97 Christopher P. Banks, Assistant Professor of Political Science, University of Akron. Ph.D¶ Copyright (c) 1997 Journal of Law 26 Politics, Inc.¶ Journal of Law 26 Politics¶ Spring, 1997¶ 13 J. L. 26 Politics 377¶ LENGTH: 12481 words¶ ARTICLE: The Politics of En Banc Review in the "Mini-Supreme Court" http://www.kent.edu/polisci/people/upload/the-politics-of-en-banc-review-in-the-mini-supreme-court.pdf Ironically, the strengths of en banc review also are the source of its primary AND had numerous opportunities¶ to use it as a method to decide cases.
En banc decisions crush the credibility of the court and will not be followed
Banks 97 Christopher P. Banks, Assistant Professor of Political Science, University of Akron. Ph.D¶ Copyright (c) 1997 Journal of Law 26 Politics, Inc.¶ Journal of Law 26 Politics¶ Spring, 1997¶ 13 J. L. 26 Politics 377¶ LENGTH: 12481 words¶ ARTICLE: The Politics of En Banc Review in the "Mini-Supreme Court As the per curiam, en banc ruling in Bartlett implies, politically motivated en AND law and, of course, less finality of decision in the future.
Key to access signaling
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law¶ 43 Geo. J. Int’l L. 927 ¶ ¶ RECOMMENDATIONS ¶ ¶ The Supreme Court should review the holding in Al- AND the lives of the Guantanamo detainees are at stake. (215) ¶
10/16/13
2AC CP- Congress
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Doesn’t solve international signal
Margulies 12 Peter Margulies, Professor of Law, Roger Williams University, The Fog of War Reform: Change and Structure in the Law of Armed Conflict After September 11, 95 Marq. L. Rev. 1417 (2012). Available at: http://scholarship.law.marquette.edu/mulr/vol95/iss4/13 Major state players, such as the United States, signal not only their¶ AND courts tacit allies of¶ NGOs and military lawyers committed to upholding IHL.
Executive will bypass congress without court action
Wells 4 (Christina E., Enoch Crowder Prof. of Law @ U. of Missouri-Columbia, "Questioning Deference," 69 Mo. L. Rev. 903, Fall, Lexis) Furthermore, although Congress might provide some measure of accountability by refusing to enact or AND of judicial review is still a necessary component of making executive actors accountable.
====Congress has already tried to do the aff ==== Rivkin et al 9 David B. Rivkin, Lee A. Casey, Charles "Cully" Stimson, Manager, National Security Law Program and Senior Legal Fellow, "Common Article 3 of the Geneva Conventions and U.S. Detainee Policy", 2/19/09, Heritage Foundation, http://www.heritage.org/research/reports/2009/02/common-article-3-of-the-geneva-conventions-and-us-detainee-policy Nonetheless, CA3 is a part of U.S. treaty and criminal law. Congress, in the 1999 amendments to the War Crimes Act, made it a crime to violate CA3. For certain acts, such as murder, taking hostages, and obvious acts of torture, the prohibited conduct should be clear, since Congress has defined the elements necessary to prove these crimes in statutory law.
10/16/13
2AC CP- Enforce Another Treaty
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Doesn’t solve signaling
Kwakwa 03 Edward Kwakwa is Deputy Legal Counsel and Head of the Legal and Constitutional Affairs Section at the World Intellectual Property Organiza¬tion (WIPO). He holds law degrees from the University of Ghana, Queens University and Yale University¶ United States Hegemony and the Foundations of International Law¶ edited by Michael Byers, Georg Nolte Richard Haass, the US State Department’s Director of Policy Planning, refers to the AND formulation or ascertaining of international law and its impact on the international community.¶
10/16/13
2AC CP- Executive
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Obama can’t enforce it
Rao 12 Neomi Rao is Assistant professor, George Mason University School of Law Public Choice and International Law Compliance: The Executive Branch Is a "They," Not an "It" http://www.minnesotalawreview.org/wp-content/uploads/2012/01/Rao_MLR.pdf Furthermore, even on matters in which the President has made a final resolution, AND their jobs, national security officials must concern themselves with other agencies.?256
Doesn’t solve international signal
Rao 12 Neomi Rao is Assistant professor, George Mason University School of Law Public Choice and International Law Compliance: The Executive Branch Is a "They," Not an "It" http://www.minnesotalawreview.org/wp-content/uploads/2012/01/Rao_MLR.pdf Given all of the attempts at coordination, one might assume that the President would AND the President to credibly commit to compliance on behalf of the United States.
Congress backlashes against controversial executive action—immigration proves
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Only the courts can solve the signal
Rogoff 06 Martin A. Rogoff Professor of Law, University of Maine School of Law.¶ MAINE LAW REVIEW¶ ~Vol. 58:2¶ APPLICATION OF TREATIES AND THE DECISIONS OF INTERNATIONAL TRIBUNALS IN THE UNITED STATES AND FRANCE: REFLECTIONS ON RECENT PRACTICE¶ http://www.mainelaw.maine.edu/academics/maine-law-review/pdf/vol58_2/vol58_me_l_rev_406.pdf In recent years, with the growth of international treaty law and the increasing role AND its international legal obligations is a matter for the state itself to determine.
Doesn’t solve international signal
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law¶ 43 Geo. J. Int’l L. 927 ¶ ¶ RECOMMENDATIONS ¶ ¶ The Supreme Court should review the holding in Al- AND the lives of the Guantanamo detainees are at stake. (215) ¶
Blackburn 10 – climate scientist, Diploma in Environmental Policy and a BSc in Environmental Biology (Anne-Marie, "How we know an ice age isn’t just around the corner," http://www.skepticalscience.com/How-we-know-an-ice-age-isnt-just-around-the-corner.html) According to ice cores from Antarctica, the past 400,000 years have been AND this increase may come at a considerable cost with few or no benefits.
Timeframe outweighs
Chameides 8 – Professor of Environment @ Duke Bill Chameides, PhD, Yale University, "Pulse of the Planet: A New Ice Age IS Coming ... but Don’t Hold Your Breath," 11-17-2008, http://www.nicholas.duke.edu/thegreengrok/iceage-nature Skeptics have been arguing that we should forget about global warming — a new ice AND of fossil fuels, as that problem is near term and very significant."
CO2 causes ice age
Brennan, 11 Philip V. Brennan, writer for Canada Free Press, "The Japanese Quake: Another Ice Age Precursor?" http://www.canadafreepress.com/index.php/article/34349 Accessed 6/25/12 Studies of data collected from ocean bottom samples 200 miles off the coast of Ecuador by Nickolas ShacKLeton and associates at Britain’s Cambridge University provided CO2 readings for the past 130,000 years, a period covering the last interglacial, the ice age that followed, and the current interglacial. "These data confirmed the rise of CO2 levels that preceded the last ice age, and the point at which the process became inevitable
CO2 not key
Peltier and Vettoretti 11 (W.R., Ph. D. in Physics from the University of Toronto, Director of the Centre for Global Change Science, PI of the Polar Climate Stability Network, Department of Physics at the University of Toronto, Dr. Guido Vettoretti, Research Associate in the Department of Physics at the University of Toronto, "The impact of insolation, greenhouse gas forcing and ocean circulation changes on glacial inception," 7/29/11, http://hol.sagepub.com.proxy.lib.umich.edu/content/21/5/803.full.pdf+html) This study, while not directly addressing the validity of the early anthropogenic hypothesis, AND adding to the system in order that a further glacial cycle may occur.
10/16/13
2AC Case- I-Law Bad
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Doesn’t enforce I-law
Alford 06 Roger Alford. Associate Professor of Law, Pepperdine University School of Law,¶ Foreign Relations as a Matter of¶ Interpretation: The Use and Abuse of¶ Charming Betsy http://www.law.uga.edu/intl/alford.pdf ¶ The separation of powers conception of Charming Betsy has been¶ aptly summarized as AND helps explain foreign relations’ limitations on¶ legislative, executive and judicial authority.¶
Only leads to enforcement of already ratified treaties
Lobel 11 Jules Lobel, Bessie McKee Walthour Endowed Chair and Professor of Law, University of Pittsburgh School of Law. Fundamental Norms, International Law, and the Extraterritorial Constitution, http://www.yjil.org/docs/pub/36-2-lobel-fundamental-norms.pdf ¶ Nor would the use of international law to inform the reach of¶ constitutional AND only prohibit conduct which would violate the U.S. Constitution.169
10/16/13
2AC DA- AUMF
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Won’t pass – 5 reasons
Cillizza 9/18 Chris, founder and editor of The Fix, a leading blog on state and national politics, 5 reasons why a government shutdown is (likely) coming, Washington Post, 9/18/13, http://www.washingtonpost.com/blogs/the-fix/wp/2013/09/18/5-reasons-why-a-government-shutdown-is-likely-coming/ House Republicans’ decision to double down on their demand that any measure to keep the AND could be very detrimental to his chances of being Speaker again in 2015.
Dubay 11 Carolyn A. Dubay, Associate Editor, International Judicial Monitor Customary International Law in the United States: The Role of the Charming Betsy Doctrine http://www.judicialmonitor.org/archive_winter2011/generalprinciples.html ¶ The extent to which customary international law, or the law of nations, AND problem that will require continued development in the courts in the coming years.
Courts shield
Whittington 5 Keith E., Cromwell Professor of Politics – Princeton University, ""Interpose Your Friendly Hand": Political Supports for the Exercise of Judicial Review by the United States Supreme Court", American Political Science Review, 99(4), November, p. 585, 591-592 There are some issues that politicians cannot easily handle. For individual legislators, their AND action that political leaders want taken, as illustrated in the following case.
====No econ impact==== Jervis 11 – Professor of Political Science @ Columbia Robert, Professor in the Department of Political Science and School of International and Public Affairs at Columbia University, December 2011, "Force in Our Times," Survival, Vol. 25, No. 4, p. 403-425 Even if war is still seen as evil, the security community could be dissolved AND times bring about greater economic conflict, it will not make war thinkable.
Court rejection of treaty norms crush the global economy
Sloss 09 David Sloss Professor of Law and Director of the Center for Global Law and Policy The Role of Domestic Courts in Treaty Enforcement: A Comparative Study ¶ There are at least three distinct reasons why it is important for domestic courts AND of treaty norms by domestic courts helps promote better compliance with those norms.
10/16/13
2AC DA- Court Capital
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
No credibility or legitimacy link
ABA 9/20/13 Experts predict more divided decisions when Supreme Court takes on controversial cases in new term, http://www.americanbar.org/news/abanews/aba-news-archives/2013/09/experts_predict_more.html ¶ Chemerinsky said the court first needs to determine what information stored digitally is protected AND and no single decision will matter much for its legitimacy," Chemerinsky said.
Positivity bias means only a risk of a link turn
Kenyatta and Gibson 3 ~2003, Lester Kenyatta Spence And James L. Gibson, Political Sci, Washington University and Gregory A. Caldeira, Poli Sci, Ohio State University. "The Supreme Court and the US Presidential Election of 2000: Wounds, Self-Inflicted or Otherwise?" B.J.Pol.S. 33~ These results may reflect the bias of "positivity frames" when it comes to AND —and under what conditions—symbols are effective at legitimizing judicial institutions.
Decision is announced in May
SCOTUS 12 (Supreme Court of the United States, 7/25/2012 "The Court and Its Procedures," http://www.supremecourt.gov/about/procedures.aspx, Accessed 7/25/2012, rwg) The Court maintains this schedule each Term until all cases ready for submission have been heard and decided. In May and June the Court sits only to announce orders and opinions. The Court recesses at the end of June, but the work of the Justices is unceasing. During the summer they continue to analyze new petitions for review, consider motions and applications, and must make preparations for cases scheduled for fall argument.
Kennedy would support the plan—He is an advocate for using international law
Toobin 05 SWING SHIFTHow Anthony Kennedy’s passion for foreign law could change the Supreme Court. BY JEFFREY TOOBIN http://www.newyorker.com/archive/2005/09/12/050912fa_fact In fact, Kennedy has a passion for foreign cultures and ideas, and, AND on the Family, called Kennedy "the most dangerous man in America."
Winners win
Weinberg 94 Louise, Professor in Civil Jurisprudence @ UT, 65 U. Colo. L. Rev. 887, Lexis c. The "Institutional Capital" Concern and the Pusillanimous Court Some writers trace AND that legitimizes and delegitimizes. That is what we pay it to do.
Ideology outweighs
Schauer 04 ~Frederick, Law prof at Hravard, "Judicial Supremacy and the AND on the one hand, and the Supreme Court, on the other.
Issues are compartmentalized
Redish and Cisar 91 prof law @ Northwestern and Law clerk to US Court of Appeals, 1991 (MARTIN H. REDISH, prof law and public policy @ Northwestern; ELIZABETH J. CISAR, Law Clerk to Chief Judge William Bauer, United States Court of Appeals, Seventh Circuit, Dec 1991, "CONSTITUTIONAL PERSPECTIVES: ARTICLE: "IF ANGELS WERE TO GOVERN" *: THE NEED FOR PRAGMATIC FORMALISM IN SEPARATION OF POWERS THEORY." 41 Duke L.J. 449)
Choper’s assumption that the judiciary’s institutional capital is transferable from structural cases to individual rights AND somehow be affected by anything the Court says about wholly unrelated structural issues.
The court would not view the plan as controversial—all of the judges endorse applying international law to treaty interpretation
Hollis 10 Duncan Hollis is Associate Dean for Academic Affairs and James E. Beasley Professor of Law at Temple University School of Law¶ The Supreme Court takes treaty interpretation seriously: Abbott v. Abbott¶ http://opiniojuris.org/2010/05/17/the-supreme-court-takes-treaty-interpretation-seriously-abbott-v-abbott/ The U.S. Supreme Court handed down its first-ever international family AND may demonstrate a more dynamic approach to treaty interpretation issues in the future.
10/16/13
2AC DA- Court Stripping
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA ====Already tried and failed==== Sidhu 11 – JD @ GWU, MA @ JHU (Dawinder, "Judicial Review as Soft Power: How the Courts Can Help Us Win the Post-9/11 Conflict," AU National Security Law Brief, 1.1) The district court granted Hamdan’s petition, stayed Hamdan’s military commission proceedings, and ruled AND interest in knowing in advance whether the military commissions were legally adequate.197
Congress won’t strip
Devins 6 Neal, Professor of Law and Professor of Government, College of William and Mary, 90 Minn. L. Rev. 1337 Unlike the Warren era (where a potent coalition of lawmakers was truly upset with AND to enact state versions of the very law that Congress could not enact.
Hamdi and Hamdan decisions thump
Flaherty 11 MARTIN S. FLAHERTY, Leitner Professor of International Law, Fordham Law Schoo Judicial Foreign Relations Authority After 9/11 http://www.nylslawreview.com/wordpress/wp-content/uploads/2011/08/Flaherty-56-1.pdf For a time the forces of judicial isolationism appeared to have gained traction and ¶ AND ¶ reassertion will mean restoration, however, still remains to be seen.¶
10/16/13
2AC DA- Deference
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Hamdi and Hamdan decisions thump
Flaherty 11 MARTIN S. FLAHERTY, Leitner Professor of International Law, Fordham Law Schoo Judicial Foreign Relations Authority After 9/11 http://www.nylslawreview.com/wordpress/wp-content/uploads/2011/08/Flaherty-56-1.pdf For a time the forces of judicial isolationism appeared to have gained traction and ¶ AND ¶ reassertion will mean restoration, however, still remains to be seen.¶
Charming Betsy has been applied for 200 years
Hathaway 10 OONA HATHAWAY¶ YALE LAW SCHOOL¶ BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND¶ SCHOLARS AS AMICI CURIAE IN SUPPORT OF¶ REHEARING OR REHEARING EN BANC¶ http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf ¶ 2. The panel opinion’s categorical repudiation of the laws of war ignores¶ AND has continued in recent years. See supra pp. 2-3.¶
10/16/13
2AC DA- Iran
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Opposition crushes negotations now —- their author
Waxman 13 – Matthew Waxman, professor of law at Columbia Law School and an adjunct senior fellow at the Council on Foreign Relations. He previously served as principal deputy director of policy planning (2005–7) and acting director of policy planning (2007) at the US Department of State, 1/28/13, Executive-Congressional Relations and National Security, www.advancingafreesociety.org/the-briefing/executive-congressional-relations-and-national-security/ The last four years should have been a good period for executive-congressional relations AND to compromise, but he can play more deftly the hand he has.
No Iran threat or prolif
Carpenter, 12 (Ted Galen – senior fellow at the Cato Institute, April 12, "The Pernicious Myth That Iran Can’t Be Deterred", CATO Institute, http://www.cato.org/publications/commentary/pernicious-myth-iran-cant-be-deterred) Rumblings about possible war with Iran have grown louder in Washington and other Western capitals AND a little less overwrought than the other theories about the "Iranian threat."
10/16/13
2AC DA- Legitimacy
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
The court makes 80 rulings a year and dozens of them are unpopular and liberal decisions
Gibson 26 Nelson 8-12-13 James L. Gibson¶ Professor of Government¶ Department of Political Science¶ Washington University in St. Louis¶ Fellow, Centre for Comparative and International Politics¶ Stellenbosch University (South Africa)¶ Michael J. Nelson¶ Ph.D. Candidate, Department of Political Science¶ , August 12, 2013¶ IS THE U.S. SUPREME COURT’S LEGITIMACY GROUNDED IN¶ PERFORMANCE SATISFACTION AND IDEOLOGY?* http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2300515 ¶ Still, the size of results they report are claimed to be impressive, AND would be necessary to turn even the Court’s most ardent supporters against it.
No link—Decisions aren’t released in a vacuum—Other decisions will offset
Gibson 26 Nelson 8-12-13 James L. Gibson¶ Professor of Government¶ Department of Political Science¶ Washington University in St. Louis¶ Fellow, Centre for Comparative and International Politics¶ Stellenbosch University (South Africa)¶ Michael J. Nelson¶ Ph.D. Candidate, Department of Political Science¶ , August 12, 2013¶ IS THE U.S. SUPREME COURT’S LEGITIMACY GROUNDED IN¶ PERFORMANCE SATISFACTION AND IDEOLOGY?* http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2300515 ¶ At the same time, even the strongest proponents of negativity bias concede that AND the end of each Court term and from one term to the next.
Excess legitimacy solves the link
Gibson 26 Nelson 8-12-13 James L. Gibson¶ Professor of Government¶ Department of Political Science¶ Washington University in St. Louis¶ Fellow, Centre for Comparative and International Politics¶ Stellenbosch University (South Africa)¶ Michael J. Nelson¶ Ph.D. Candidate, Department of Political Science¶ , August 12, 2013¶ IS THE U.S. SUPREME COURT’S LEGITIMACY GROUNDED IN¶ PERFORMANCE SATISFACTION AND IDEOLOGY?* http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2300515 ¶ The overwhelming weight of the evidence we present in this paper is that the AND decisional displeasure does not build to the point of challenging the institution’s legitimacy.
Prayer ruling thumps
Pieklo 9/17 Jessica Mason, Senior Legal Analyst, RH Reality Check, "Six Supreme Court Cases to Watch this Term," 9/17/13 arhrealitycheck.org/article/2013/09/17/six-supreme-court-cases-to-watch-this-term/ The Roberts Court is set to weigh in on the issue of when, and AND Religious Freedom Restoration Act to the contraception benefit in the Affordable Care Act.
The court will lose legitimacy if it doesn’t uphold the rules of war
Paust 12 The Supremacy of International Law: A Reply to David Moore, JURIST - Forum, July 10, 2012, http://jurist.org/forum/2012/07/jordan-paust-moore-reply.php As one can identify from my previous essay, what revisionist debaters are up against AND and the rich history of the use of international law by the judiciary.
No perception—no media
Bartels 26 Johnston 13 Brandon L. Bartels is Assistant Professor of Political Science, George Washington University, ¶ Christopher D. Johnston is Assistant Professor of Political Science, Duke University¶ Bartels, Brandon L., and Christopher D. Johnston. 2013. "On the Ideological Foundations of Supreme Court Legitimacy in the American Public." American Journal of Political Science 57 (~231, January): 184-199. http://onlinelibrary.wiley.com/doi/10.1111/j.1540-5907.2012.00616.x/pdf ¶ Some cracks have begun to emerge in this conventional wisdom, albeit in a AND , while exposure to conservative decisions does¶ not decrease legitimacy among liberals.
Legitimacy resilient
Gibson 26 Nelson 8-12-13 James L. Gibson¶ Professor of Government¶ Department of Political Science¶ Washington University in St. Louis¶ Fellow, Centre for Comparative and International Politics¶ Stellenbosch University (South Africa)¶ Michael J. Nelson¶ Ph.D. Candidate, Department of Political Science¶ , August 12, 2013¶ IS THE U.S. SUPREME COURT’S LEGITIMACY GROUNDED IN¶ PERFORMANCE SATISFACTION AND IDEOLOGY?* http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2300515 ¶ At the same time, even the strongest proponents of negativity bias concede that AND the end of each Court term and from one term to the next.
The court makes 80 rulings a year and dozens of them are unpopular and liberal decisions
Gibson 26 Nelson 8-12-13 James L. Gibson¶ Professor of Government¶ Department of Political Science¶ Washington University in St. Louis¶ Fellow, Centre for Comparative and International Politics¶ Stellenbosch University (South Africa)¶ Michael J. Nelson¶ Ph.D. Candidate, Department of Political Science¶ , August 12, 2013¶ IS THE U.S. SUPREME COURT’S LEGITIMACY GROUNDED IN¶ PERFORMANCE SATISFACTION AND IDEOLOGY?* http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2300515 ¶ Still, the size of results they report are claimed to be impressive, AND would be necessary to turn even the Court’s most ardent supporters against it.
Excess legitimacy solves the link
Gibson 26 Nelson 8-12-13 James L. Gibson¶ Professor of Government¶ Department of Political Science¶ Washington University in St. Louis¶ Fellow, Centre for Comparative and International Politics¶ Stellenbosch University (South Africa)¶ Michael J. Nelson¶ Ph.D. Candidate, Department of Political Science¶ , August 12, 2013¶ IS THE U.S. SUPREME COURT’S LEGITIMACY GROUNDED IN¶ PERFORMANCE SATISFACTION AND IDEOLOGY?* http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2300515 ¶ The overwhelming weight of the evidence we present in this paper is that the AND decisional displeasure does not build to the point of challenging the institution’s legitimacy.
The court will lose legitimacy if it doesn’t uphold the rules of war
Paust 12 The Supremacy of International Law: A Reply to David Moore, JURIST - Forum, July 10, 2012, http://jurist.org/forum/2012/07/jordan-paust-moore-reply.php As one can identify from my previous essay, what revisionist debaters are up against AND and the rich history of the use of international law by the judiciary.
10/27/13
2AC DA- PQD
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Court war power restrictions now
Buchanan 13 - Government professor @ UT Austin (Bruce, Presidential Power and Accountability: Toward a Presidential Accountability System, Routledge, pgs. 44-6) Historically, particularly in the national security arena, the Supreme Court has encouraged presidents AND that, while potentially correctible, constitute a latent threat to Court legitimacy.
Boumediene thumps – specific to war powers
Stras 8 – JD, Associate Justice of MN Supreme Court (David, "The Decline of the Political Question Doctrine," http://balkin.blogspot.com/2008/12/decline-of-political-question-doctrine.html) Not surprisingly, the Court has limited the application of the political question doctrine to AND question of de facto sovereignty by the United States in Boumediene pretty clear.)
====Aff solves the link==== Alford 06 Roger Alford. Associate Professor of Law, Pepperdine University School of Law,¶ Foreign Relations as a Matter of¶ Interpretation: The Use and Abuse of¶ Charming Betsy http://www.law.uga.edu/intl/alford.pdf Charming Betsy and the political question doctrine are thus corollary principles founded upon the separation AND political acts; Charming Betsy avoids foreign embarrassment for the Executive’s legal acts.
Inconsistent application now
Jenks 10 – LLM w/ Distinction @ Georgetown (Chris, "Square Peg in a Round Hole: Government Contractor Battlefield Tort Liability and the Political Question Doctrine," Berkeley Journal of International Law, 28.1) The doctrine, which traces back to Marbury v. Madison,13 "excludes AND been periods in which commentators questioned¶ whether the doctrine still existed. 16
10/16/13
2AC DA- Presidential Flexibility
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Hamdi and Hamdan decisions thump
Flaherty 11 MARTIN S. FLAHERTY, Leitner Professor of International Law, Fordham Law Schoo Judicial Foreign Relations Authority After 9/11 http://www.nylslawreview.com/wordpress/wp-content/uploads/2011/08/Flaherty-56-1.pdf For a time the forces of judicial isolationism appeared to have gained traction and ¶ AND ¶ reassertion will mean restoration, however, still remains to be seen.¶
====The court has already affirmed the international law applies in 2006—thumps the link==== Sidhu 11 – JD @ GWU, MA @ JHU (Dawinder, "Judicial Review as Soft Power: How the Courts Can Help Us Win the Post-9/11 Conflict," AU National Security Law Brief, 1.1) Further, the Court ruled, the commissions themselves are not consistent with American legal AND President Bush to try Hamdan violated both the UCMJ and Geneva Conventions.207
10/16/13
2AC DA- Prez Powers
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Court war power restrictions now
Buchanan 13 - Government professor @ UT Austin (Bruce, Presidential Power and Accountability: Toward a Presidential Accountability System, Routledge, pgs. 44-6) Historically, particularly in the national security arena, the Supreme Court has encouraged presidents AND that, while potentially correctible, constitute a latent threat to Court legitimacy.
====Syria thumps==== Nasr 9/1 – dean of Johns Hopkins University’s Paul H. Nitze School of Advanced International Studies Vali, "Forcing Obama’s Hand in Syria" ~http://www.nytimes.com/2013/09/02/opinion/global/forcing-obamas-hand-in-syria.html?_r=0~~ September 1, 2013 mtc Mr. Obama has understandably viewed any involvement in Syria as a slippery slope to AND is what the world needs and what Mr. Obama should focus on.
Unrestricted prez power ineffective
Griffin 13 Stephen M. Griffin is Rutledge C. Clement, Jr. Professor in Constitutional Law at Tulane Law School Long Wars and the Constitution pp 256-7 ¶ ¶ Defenders of the presidency often stress its unitary character. With a single AND a good reason for paying attention to the role of interbranch deliberation.¶ ¶
10/16/13
2AC DA- Shutdown
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA ====No econ impact==== Jervis 11 – Professor of Political Science @ Columbia Robert, Professor in the Department of Political Science and School of International and Public Affairs at Columbia University, December 2011, "Force in Our Times," Survival, Vol. 25, No. 4, p. 403-425 Even if war is still seen as evil, the security community could be dissolved AND times bring about greater economic conflict, it will not make war thinkable.
No impact to shutdown
Taylor 9/19 Andrew Taylor, Associated Press, "Here’s the truth: The government doesn’t shut down," http://www.tri-cityherald.com/2013/09/19/2581831/heres-the-truth-the-government.html WASHINGTON — Here’s the truth about a government "shutdown." The government doesn’t shut AND related or if they perform essential activities that "protect life and property."
Court rejection of treaty norms crush the global economy
Sloss 09 David Sloss Professor of Law and Director of the Center for Global Law and Policy The Role of Domestic Courts in Treaty Enforcement: A Comparative Study ¶ There are at least three distinct reasons why it is important for domestic courts AND of treaty norms by domestic courts helps promote better compliance with those norms.
SCOTUS 12 (Supreme Court of the United States, 7/25/2012 "The Court and Its Procedures," http://www.supremecourt.gov/about/procedures.aspx, Accessed 7/25/2012, rwg) The Court maintains this schedule each Term until all cases ready for submission have been heard and decided. In May and June the Court sits only to announce orders and opinions. The Court recesses at the end of June, but the work of the Justices is unceasing. During the summer they continue to analyze new petitions for review, consider motions and applications, and must make preparations for cases scheduled for fall argument.
nuclear war does not cause extinction or turn warming
Seitz 6 Former Presidential science advisor and keynote speaker at international science conferences, December 20 2006 (Russell, holds multiple patents and degrees from Harvard and MIT, "The ’Nuclear Winter’ Meltdown," http://adamant.typepad.com/seitz/2006/12/preherein_honor.html, accessed October 18, 2007) "Apocalyptic predictions require, to be taken seriously,higher standards of evidence than AND just not the stuff that End of the World myths are made of.
EPA battles will cost capital
Wolfgang 9/20/13 (Ben, "EPA Coal Rules tigheter Than Expected, Will Fuel Backlash in Congress") The Environmental Protection Agency’s dramatic new power plant emissions standards already have touched off a AND .¶ Coal-state lawmakers from both parties are promising to push back.
Courts shield
Whittington 5 Keith E., Cromwell Professor of Politics – Princeton University, ""Interpose Your Friendly Hand": Political Supports for the Exercise of Judicial Review by the United States Supreme Court", American Political Science Review, 99(4), November, p. 585, 591-592 There are some issues that politicians cannot easily handle. For individual legislators, their AND action that political leaders want taken, as illustrated in the following case.
Winners win – Obama needs wins now to advance his agenda
No internal link – Obama ducks the fight – Bush proves
Howell 7 WILLIAM G. HOWELL AND JON C. PEVEHOUSE are Associate Professors at the Harris School of Public Policy at the University of Chicago and the authors of While Dangers Gather: Congressional Checks on Presidential War Powers, "When Congress Stops Wars", Sept/Oct, http://home.uchicago.edu/~~whowell/papers/WhenCongress.htm After all, when presidents anticipate congressional resistance they will not be able to overcome AND Pace, so as to avoid a clash with Congress over his reappointment.
10/16/13
2AC DA- Terrorism
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA ====Only changes authority beyond Al-Qaeda==== Hathaway 12 Oona Hathaway, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts, and Sirine Shebaya,Oona Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law, Yale Law School. The remaining authors are J.D. candidates at Yale Law School, April 2012, THE POWER TO DETAIN: DETENTION OFTERRORISM SUSPECTS AFTER 9/11, Yale Journal of International Law 2012 p. 19-20 The D.C. Circuit panel’s opinion in al-Bihani v. Obama AND nations. However, the nature and extent of that authority remains controversial.
Perceptions of procedural justice key indicator of Muslim-American cooperation on anti-terrorism efforts
Tyler et al 10 Tom, Stephen Schulhofer, Aziz Huq, University of Chicago School of Law, PUBLIC LAW AND LEGAL THEORY WORKING PAPER NO. 296, "LEGITIMACY AND DETERRENCE EFFECTS IN COUNTER? TERRORISM POLICING: A STUDY OF MUSLIM AMERICANS" Our principal findings are as follows. We find a robust correlation between perceptions of AND of anti-terrorism policing strategies concerning Muslim Americans within the United States.
No impact
Mueller ’11 John Mueller is Professor of Political Science at Ohio State University. He is the author of Atomic Obsession. "The truth about al Qaeda". August 5, 2011. CNN’s Global Public Square. http://globalpublicsquare.blogs.cnn.com/2011/08/05/the-truth-about-al-qaeda/ Outside of war zones, the amount of killing carried out by al Qaeda and AND terrorism is the wave of the future. No elephants there, either.
10/16/13
2AC K- Aff Specific Cards
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA ====The status quo is an example of US exceptionalist excess—the plan reverses that==== Ignatieff 5 American Exceptionalism and Human Rights, Michael Ignatieff, 2005, Princeton University Press, pg 7 The first variant of exceptional-ism is exemptionism. America sup-ports multilateral AND attention to these foreign requests, and these states allowed executions to proceed.
The application of litigation through treaty law spurs grass roots movement success
Simmons 09 Beth Simmons is Clarence Dillon Professor of International Affairs at Harvard University. Mobilizing for Human Rights: International Law in Domestic Politics. Cambridge University Press; 2009 Courts: The Leverage of Litigation pp 24-5 Gerald Rosenberg views litigation as a "hollow hope" for furthering social change, AND the rule of law, litigation is potentially an important mechanism for compliance.
Treaty based rights claims mobilize movements and facilitate rightful resistance to government structures for 4 independent reasons
Simmons 09 Beth Simmons is Clarence Dillon Professor of International Affairs at Harvard University. Mobilizing for Human Rights: International Law in Domestic Politics. Cambridge University Press; 2009 Courts: The Leverage of Litigation pp 35 Mobilization success. The above argument is about the values people are convinced are worth AND own commitment. Whether a government is sensitive to this critique or not depends
10/16/13
2AC K- Warming Apoc Reps
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Apocalyptic representations of global warming are necessary to motivate change – serves as a key cite for coalition-building
-must be accompanied by a solution – not as an inevitable fact Buell 10 – Professor @ Queens Frederick Buell, professor of English at Queens College and also a member of the World Studies, American Studies and Environmental Studies programmes, Future Ethics, pg. 30-32 To fully understand these changes, I argue, we need not to discard but AND that has become todays foremost environmental concern and thus site for reinventing apocalypse.
RHD 13 (Random House Dictionary, http://dictionary.reference.com/browse/statute) stat•ute ~stach-oot, -oot~ Show IPA noun 1. Law. a. an enactment made by a legislature and expressed in a formal document. b. the document in which such an enactment is expressed. 2. International Law. an instrument annexed or subsidiary to an international agreement, as a treaty.
Judicial means the judicial branch
Your Dictionary 13 ("Examples of Judicial Powers," http://examples.yourdictionary.com/examples/examples-of-judicial-powers.html) The term judicial powers refers to the power of the Judicial Branch of the United States government to hear cases and interpret, enforce or nullify laws and statutes in order to render verdicts.
Increase requires a net increase
Words and Phrases 8 (20B W26P – 265-265) Cal.App.2 Dist. 1991. Term "increase," as used AND . West’s Ann.Cal.Pub.Res.Code § 25123.
10/16/13
2AC T- RestrictionProhibition
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Restrictions are limitations
Plummer 29 J., Court Justice, MAX ZLOZOWER, Respondent, v. SAM LINDENBAUM et al., Appellants Civ. No. 3724COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT100 Cal. App. 766; 281 P. 102; 1929 Cal. App. LEXIS 404September 26, 1929, Decided, lexis The word "restriction," when used in connection with the grant of interest in AND a particular event, or the performance or nonperformance of a particular act.
The aff meets that
Riley 11 Katherine Riley is a Staff Writer for the Boston College International 26 Comparative Law Review, "Inapposite" and "Amorphous": The D.C. Circuit’s Rejection of International Law, 34 B.C. Int’l 26 Comp. L. Rev. E. Supp. 95 (2011), http://lawdigitalcommons.bc.edu/iclr/vol34/iss3/8 The Court of Appeals for the D.C. Circuit, however, affirmed AND courts¶ seek to determine the limits of the President’s war powers.30
"area" doesn’t require throughout – means any part within
RHD 13 (Random House Dictionary) in ~in~ Show IPA preposition, adverb, adjective, noun, verb, inned, in•ning. preposition 1. (used to indicate inclusion within space, a place, or limits): walking in the park.
10/16/13
2ac Nation State K
Tournament: NDT | Round: 3 | Opponent: Wake MQ | Judge: Repko, Fifelski, Ryan
K
Wight
Governments’ obey institutional logics that exist independently of individuals and constrain decisionmaking – that’s true regardless of this debate
Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50 One important aspect of this relational ontology is that these relations constitute our identity as AND upon it, upon its specific characteristics, its constants and its variables’.
Liberalism Good – Epistemology
We have a defense of the way we view international relations—-game-theory proves that liberal internationalism is effective and peaceful
Recchia and Doyle 11 Stefano, Assistant Professor in International Relations at the University of Cambridge, and Michael, Harold Brown Professor of International Affairs, Law and Political Science at Columbia University, "Liberalism in International Relations", In: Bertrand Badie, Dirk Berg-Schlosser, and Leonardo Morlino, eds., International Encyclopedia of Political Science (Sage, 2011), pp. 1434-1439 Relying on new insights from game theory, scholars during the 1980s and 1990s emphasized AND , and ¶ it usefully complements liberal scholarship on the ¶ democratic peace.
3/28/14
ADV - Charming Betsy
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Advantage 1 Charming Betsy
In a 2-1 decision in Al-Bihani v Obama, the D.C. panel went rogue-- ignored the stance of the Executive, the Congress and the Supreme Court on how International Treaty Law should be applied
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law 43 Geo. J. Int'l L. 927 The court's holding in Al-Bihani is troubling in several respects. First, AND on the MCA but rather should be informed by the laws of war.
That has a legally binding force unless reversed
Alstine 11 Michael P. Van Alstine , Prof of Law University of Maryland Duke Law Journal, U of Maryland Legal Studies Research Paper No. 2011-33 STARE DECISIS AND FOREIGN AFFAIRS http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1881137 It is a curious fact the Framers structured the Constitution precisely to protect against divergent AND of the foreign relations power to the national government in the first place.”
The Al-Bihani decision reverses the Charming Betsy canon
Walsh 10 Cara Maureen Walsh J.D. Candidate 2010, Vanderbilt University Law School. Al-Bihani, Not So Charming October, 2010 Vanderbilt Journal of Transnational Law 43 Vand. J. Transnat'l L. 1151 B. The Court’s Legal Reasoning First, the appeals court panel found that international AND permits the President to detain anyone who had merely “supported” enemy forces
This is a unique judicial signal that cannot be corrected by legislation
Dehn 10 Major John C. Dehn is an Assistant Professor in the Department of Law, US Military Academy, West Point, NY. He currently teaches International Law and Constitutional and Military Law. He is writing in his personal capacity and his views do not necessarily represent the views of the Department of Defense, the US Army, or the US Military Academy. The Relevance of International Law to (the Substantive and Procedural Rules of) Preventive Detention in Armed Conflict – A Rejoinder to Al-Bihanihttp://opiniojuris.org/2010/01/29/the-relevance-of-international-law-to-the-substantive-and-procedural-rules-of-preventive-detention-in-armed-conflict-E28093-a-rejoinder-to-al-bihani/ The post-Boumediene habeas litigation has raised concerns regarding whether the courts are AND ) expressly outlining executive detention authority in this or any other armed conflict.
This reversal sends a dangerous signal that the judiciary cannot enforce international treaty law
Paust 12 Jordan J. Paust Mike and Teresa Baker Law Center Professor, University of Houston. Spring, 2012, Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, and Deviant Dicta in the D.C. Circuit Cornell International Law Journal 45 Cornell Int'l L.J. 367 IV. Shocking Errors and Deviant Dicta in the District of Columbia Circuit Rarely AND values will be more effective if we refuse to cast those values aside.
If not explicitly reversed the D.C. circuit ruling will have widespread effect unraveling treaty law in other contexts as well
Hathaway 10 Oona A. Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law and director of the Center for Global Legal Challenges at Yale Law School BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND SCHOLARS AS AMICI CURIAE IN SUPPORT OF REHEARING OR REHEARING EN BANC http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf 3. The panel’s broad and inaccurate pronouncements on the applicability of the laws of AND , the damage caused by the panel opinion is likely to be widespread.
Despite the En Banc Circuit effort to treat the Al-Bihani panel ruling as dicta, it has changed how the federal judiciary is treating international treaty law
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law¶ 43 Geo. J. Int'l L. 927 ¶ Al-Bihani's Effect on Case Law ¶ ¶ The repercussions from Al- AND of command structure limit from the President's detention authority. (173) ¶
Al-Bihani locks in a perception that the judiciary cannot enforce its international commitments and the U.S. can legally violate its international obligations
Adherence to the Charming Betsy canon is critical to development of a global transnational judicial dialogue that assures commitments to treaties
Waters 07 Melissa A Waters Assistant Professor of Law, Washington and Lee Law School. USING HUMAN RIGHTS TREATIES TO RESOLVE AMBIGUITY: THE ADVENT OF A RIGHTSCONSCIOUS CHARMING BETSY CANON http://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-38-2007/issue-2/using-human-rights-waters.pdf One of the most significant developments in international law over the past decade has been AND statutes in such a manner that they would not violate either international treaties.
Preservation of the Charming Betsy doctrine is vital to maintaining global commitments to international norms—independently solves conflict
Crootoff 11 Rebecca Crootof, J.D. Yale Law School Judicious Influence: Non-Self-Executing Treaties and the Charming Betsy Canon (April 5, 2011). Yale Law Journal. Available at SSRN: http://ssrn.com/abstract=1803380 The Charming Betsy Canon Encourages Domestic Courts’ Engagement with International Agreements and International Adoption AND values. See Waters, supra note 159, at 555-59.
Effective treaty compliance solves war and collapse causes it
Muller 2K Dr. Harold Muller is the Director of the Peace Research Institute-Frankfurt and Professor of International Relations at Goethe University Compliance Politics: A Critical Analysis of Multilateral Arms Control Treaty Enforcement http://cns.miis.edu/npr/pdfs/72muell.pdf In this author's view,3 at least four distinct missions continue to make arms control, disarmament, and non-proliferation agreements useful, even indispensable parts of a stable and reliable world security structure: • As long as the risk of great power rivalry and competition exists—and AND are made empty shells by repeated breaches and a lack of effective enforcement.
U.S. not applying judicial standards of treaties in detention spills over to destroy treaties generally
Legal Information Institute 7 (The Legal Information Institute is a public service of Cornell Law School. “Boumediene v. Bush (06-1195); Al Odah v. United States (06-1196)” December 5, 2007, http://www.law.cornell.edu/supct/cert/06-1195) Amici for the detainees argue that international law entitles detainees to certain fundamental rights, AND the ICCPR and is therefore bound by these agreed-upon international obligations.
10/16/13
ADV - Judicial Review
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Judicial Review Advantage
The Al-Bihani decision entrenches the abdication of judicial review during wartime
Blank and Guiora 10 Laurie R. Blank is the Director of Emory Law's International Humanitarian Law Clinic. Amos N. Guiora is a Professor of Law at the University of Utah's SJ Quinney College of Law, and his most recent book is Freedom from Religion: Rights and National Security (OUP, 2009). Suggested citation: Laurie R. Blank, Amos N. Guiora, Judicial Abdication in Times of War: Lessons Not Yet Learned, JURIST - Forum, Sept. 13, 2010, http://jurist.org/forum/2010/09/judicial-abdication-in-times-of-war-lessons-not-yet-learned.php. Nine years after 9/11, we still do not have a clear AND the court is abdicating its role in enforcing our domestic and international obligations.
That causes nuclear war
Kellman, prof of law @ DePaul, 1989 (Barry Kellman, prof of law @ DePaul, Dec 1989, “JUDICIAL ABDICATION OF MILITARY TORT ACCOUNTABILITY: BUT WHO IS TO GUARD THE GUARDS THEMSELVES?” 1989 Duke L.J. 1597) In this era of thermonuclear weapons, America must uphold its historical commitment to be AND recognizable in a millennium ushered in under the mushroom cloud of thermonuclear holocaust.
Judicial actions on presidential war powers in the detention area have unique ability to send effective global signals of U.S. soft power
Sidhu 11 Dawinder S. Sidhu is an assistant professor of Law at the University of New Mexico School of Law and Founding Director of the Discrimination and National Security Initiative, Pluralism Project at Harvard University. "Judicial Review as Soft Power: How the Courts Can Help Us Win the Post-9/11 Conflict," American University National Security Law Brief, Vol. 1, No. 1 (2011). Available at: http://digitalcommons.wcl.american.edu/nslb/vol1/iss1/4 The legal principles established by the Framers and enshrined in the Constitution are a source AND and thus a useful tool in the post-9/11 con?ict.
Judicial signals are effective even in the face of violations by the other branches of government
Sidhu 11 Dawinder S. Sidhu is an assistant professor of Law at the University of New Mexico School of Law and Founding Director of the Discrimination and National Security Initiative, Pluralism Project at Harvard University. "Judicial Review as Soft Power: How the Courts Can Help Us Win the Post-9/11 Conflict," American University National Security Law Brief, Vol. 1, No. 1 (2011). Available at: http://digitalcommons.wcl.american.edu/nslb/vol1/iss1/4 The United States has been charged with being unfaithful to its own laws and values AND and as such should be considered a positive instrument of American soft power.
Soft power solves extinction – attempts to persuade are inevitable, the plan makes them effective
Jervis 9 – professor of international politics at Columbia University (Robert, Unipolarity: A Structural Perspective, World Politics, 61.1) As I will discuss further below, economic and military power are not sufficient to AND that others share the American vision and believe that its leadership is benign.
10/16/13
ADV - Palermo
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
The US has signed the Palermo protocol but has legislation that contradicts its core mandates
Holman 8 (Melissa, “The Modern-Day Slave Trade: How the United States Should Alter the Victims of Trafficking and Violence Protection Act in Order to Combat International Sex Trafficking More Effectively” http://www.tilj.org/content/journal/44/num1/Holman99.pdf) When the issue of human trafficking first gained widespread public attention in the United States AND human trafficking legal framework to push for legal change to state laws on prostitution
The US definitions signal an unwillingness to abide by international law, this makes successful international cooperation impossible
Chuang 2006 (Janie, Practitioner-in-Residence, American University Washington College of Law. J.D., Harvard Law School, “THE UNITED STATES AS GLOBAL SHERIFF: USING UNILATERAL SANCTIONS TO COMBAT HUMAN TRAFFICKING,” 27 Mich. J. Int'l L. 437, Lexis) The recent decision by the United States to ratify the Palermo Protocol is a welcome AND currently diverges in critical respects from the evolving international anti-trafficking framework.
International collaboration is key
Brewer 2009 (Devin, Josef Korbel School of International Studies at the University of Denver, “Globalization and Human Trafficking,” http://www.du.edu/korbel/hrhw/researchdigest/trafficking/Trafficking.pdf) BB As a result of the underground nature of their trade, traffickers often manage to AND problem, to prevent trafficking, and to protect victims and prosecute traffickers.
Uniform definition is key to rectify agency confusion and create public awareness sufficient to solve trafficking
Lopiccolo 2009 (Julie, J.D. Candidate 2010, Whittier Law School, “WHERE ARE THE VICTIMS? THE NEW TRAFFICKING VICTIMS PROTECTION ACT'S TRIUMPHS AND FAILURES IN IDENTIFYING AND PROTECTING VICTIMS OF HUMAN TRAFFICKING,” 30 Whittier L. Rev. 851) BB As previously discussed, there are potential issues with a multi-agency approach. AND the use of labor from victims of severe forms of trafficking ... ." n221
Trafficking denies agency
Anderson et al 2009 (Bridget, PhD @ Oxford and Rutvica Andrijasevic, PhD @ Oxford , “Sex, slaves and citizens: the politics of anti-trafficking,” http://www.statewatch.org/news/2009/feb/soundings.pdf) Citizenship is not an abstract manifestation of state power; it is embodied and enacted AND but only with citizenship as formal legal status administered by an omniscient state.
As members of a University community, we should academically prepare to limit governmental expansion of war power authority
Zimmer 13 - campaigner on the Global Finance Campaign (Todd, “Divestistas: From Opposition to Resistance,” http://www.wearepowershift.org/blogs/divestistas-opposition-resistance) All this to say, students and their opposition should prepare for escalation. Time AND here to tell Bank of America’s CEO to expect resistance on your campus.
Discussing the courts is key to effective judiciary
Green, 2009 (Craig, Associate Professor of Law, Temple University; J.D., Yale Law School, “An intellectual history of judicial activism,” Emory Law Journal, Volume 58) Unlike many civil law countries, the United States lacks a professionalized "judges' school AND and such discourse is a vital mode of critique when judges are otherwise.
10/16/13
ADV - Warming
Tournament: Disclosure | Round: 1 | Opponent: NA | Judge: NA
Advantage 2: Warming
Multiple internal links:
First is the courts
Courts will inevitably address climate change questions – applying Charming Betsy is key to developing effective solutions
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. and Mary Envtl. L. and Pol'y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 How U.S. Courts Should Use International Climate Change Norms In the AND understanding of the judicial role in tackling the emerging law of climate change.
Recognition of international treaty norms is key to U.S. leadership and effective global solutions to climate change
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. and Mary Envtl. L. and Pol'y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 Advantages of Bringing International Norms into Domestic Climate Change Cases Although domestic U. AND , thereby, more significantly shape the future of the international climate regime.
Second is the Montreal Protocol
New negotiations are coming that will make or break the protocol
Grabiel and Comerford 13 Danielle Fest Grabiel, IGSD Law Fellow, and Ms. Lia Comerford, IGSD Law Clerk¶ Enforcement Strategies for ¶ Combating the Illegal Trade¶ in HCfCs and Methyl Bromide¶ http://inece.org/wp-content/uploads/2013/06/Illegal_Trade_HCFCs_Methyl-Bromide.pdf Last year the world celebrated the Protocol’s 25th anniversary and its remarkable success. Parties AND ever that enforcement officers are trained ¶ and prepared to effectively address smuggling.
Only maintaining effective treaty cooperation can prevent extinction from Ozone depletion
Gareau 13 Brian J. Gareau is an Assistant Professor of Sociology and International Studies at Boston College. Whatever Happened to Ozone Layer Politics? http://www.e-ir.info/2013/01/29/whatever-happened-to-ozone-layer-politics/ The Montreal Protocol on Substances that Depletes the Ozone Layer (1997) is arguably AND heightened environmental awareness, the Montreal Protocol entered its own moment of uncertainty.
The Montreal Protocol is at risk and the U.S. is trying to lead efforts to strengthen it
US-EPA 12 U.S. Environmental Protection Agency¶ June 2012¶ 2¶ Benefits of Addressing HFCs under the Montreal Protocol¶ June 2012 http://www.epa.gov/ozone/downloads/Benefits20of20Addressing20HFCs20Under20the20Montreal20Protocol,20June202012.pdf The Montreal Protocol has been an unparalleled environmental success story. It is the only AND long-term. Table 10 displays the projected benefits from the Amendment.
Warming is anthropogenic – most comphrensive analysis to date proves
Green 13 – Professor of Chemistry @ Michigan Tech, *John Cook – Fellow @ Global Change Institute, produced climate communication resources adopted by organisations such as NOAA and the U.S. Navy Dana Nuccitelli – MA in Physics @ UC-Davis *Mark Richardson – PhD Candidate in Meteorology, et al., (“Quantifying the consensus on anthropogenic global warming in the scientific literature,” Environmental Research Letters, 8.2) An accurate perception of the degree of scientific consensus is an essential element to public AND 1 based on abstract ratings) endorses the scientific consensus on AGW.
No alt causes – natural forcing mechanisms can’t explain modern termperature trends
Rahmstorf 8 – Professor of Physics of the Oceans Richard, of Physics of the Oceans at Potsdam University, Global Warming: Looking Beyond Kyoto, Edited by Ernesto Zedillo, “Anthropogenic Climate Change?,” pg. 42-4 It is time to turn to statement B: human activities are altering the climate AND that anthropogenic global warming is a reality with which we need to deal.
Tipping points are likely – leads to runaway warming
Guterl 12 – Editor @ Scientific American (Fred, “Climate Armageddon: How the World's Weather Could Quickly Run Amok: Climate scientists think a perfect storm of climate "flips" could cause massive upheavals in a matter of years, http://www.scientificamerican.com/article.cfm?id=how-worlds-weather-could-quickly-run-amok) One of the most productive scientists in applying dynamical systems theory to climate is Tim AND the 50 billion to 100 billion tons of carbon now trapped in permafrost.
Causes extinction—4 degree projections trigger a laundry list of extinction scenarios
Roberts 13—citing the World Bank Review’s compilation of climate studies - 4 degree projected warming, can’t adapt - heat wave related deaths, forest fires, crop production, water wars, ocean acidity, sea level rise, climate migrants, biodiversity loss David, “If you aren’t alarmed about climate, you aren’t paying attention” http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/ January 10 mtc We know we’ve raised global average temperatures around 0.8 degrees C so far AND , but a world that is inexorably more inhospitable with every passing decade.
The risk is existential
Mazo 10 – PhD in Paleoclimatology from UCLA Jeffrey Mazo, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, “Climate Conflict: How global warming threatens security and what to do about it,” pg. 122 The best estimates for global warming to the end of the century range from 2 AND adaptation to these extremes would mean profound social, cultural and political changes.
Climate change leads to war – statistically rigorous analysis proves
Hsiang 13 – Professor of Public Policy @ UC-Berkeley (Solomon, et al., “Quantifying the Influence of Climate on Human Conflict,” August, 10.1126/science.1235367) Human behavior is complex, and despite the existence of institutions designed to promote peace AND coming decades as changes in climatic conditions amplify the risk of human conflicts.
Traditional risk assessment should be ignored—potential disastrous effects of warming should be treated as 100 likely even if they win some defense
Emanuel 12—atmospheric science professor @ MIT Kerry, “Probable Cause” http://www.foreignpolicy.com/articles/2012/11/09/probable_cause?page=full November 9 mtc At its best, climate science deals in probabilities. This means that under ideal AND risk or that we should do nothing is both scientifically and morally indefensible.
Not inevitable – it’s immediately reversible and there is no time lag
Desjardins 13 – member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center (Cléa, “Global Warming: Irreversible but Not Inevitable,” http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php) Carbon dioxide emission cuts will immediately affect the rate of future global warming Concordia and AND mitigation challenge, clarifying these points of hope is critical to motivate change.”
10/16/13
ADV - Warming - K Version
Tournament: Disclosure | Round: 2 | Opponent: NA | Judge: NA Warming
In a 2-1 decision in Al-Bihani v Obama, the D.C. panel ignored the stance of the Executive, the Congress and the Supreme Court on how International Treaty Law should be applied
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law 43 Geo. J. Int'l L. 927 The court's holding in Al-Bihani is troubling in several respects. First, AND on the MCA but rather should be informed by the laws of war.
That has a legally binding force unless reversed
Alstine 11 Michael P. Van Alstine , Prof of Law University of Maryland Duke Law Journal, U of Maryland Legal Studies Research Paper No. 2011-33 STARE DECISIS AND FOREIGN AFFAIRS http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1881137 It is a curious fact the Framers structured the Constitution precisely to protect against divergent AND of the foreign relations power to the national government in the first place.”
The Al-Bihani decision reverses the Charming Betsy canon
Walsh 10 Cara Maureen Walsh J.D. Candidate 2010, Vanderbilt University Law School. Al-Bihani, Not So Charming October, 2010 Vanderbilt Journal of Transnational Law 43 Vand. J. Transnat'l L. 1151 B. The Court’s Legal Reasoning First, the appeals court panel found that international AND permits the President to detain anyone who had merely “supported” enemy forces
This is a unique judicial signal that cannot be corrected by legislation
Dehn 10 Major John C. Dehn is an Assistant Professor in the Department of Law, US Military Academy, West Point, NY. He currently teaches International Law and Constitutional and Military Law. He is writing in his personal capacity and his views do not necessarily represent the views of the Department of Defense, the US Army, or the US Military Academy. The Relevance of International Law to (the Substantive and Procedural Rules of) Preventive Detention in Armed Conflict – A Rejoinder to Al-Bihanihttp://opiniojuris.org/2010/01/29/the-relevance-of-international-law-to-the-substantive-and-procedural-rules-of-preventive-detention-in-armed-conflict-E28093-a-rejoinder-to-al-bihani/ The post-Boumediene habeas litigation has raised concerns regarding whether the courts are AND ) expressly outlining executive detention authority in this or any other armed conflict.
This reversal sends a dangerous signal that the judiciary cannot enforce international treaty law
Paust 12 Jordan J. Paust Mike and Teresa Baker Law Center Professor, University of Houston. Spring, 2012, Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, and Deviant Dicta in the D.C. Circuit Cornell International Law Journal 45 Cornell Int'l L.J. 367 IV. Shocking Errors and Deviant Dicta in the District of Columbia Circuit Rarely AND values will be more effective if we refuse to cast those values aside.
If not explicitly reversed the D.C. circuit ruling will have widespread effect unraveling treaty law in other contexts as well
Hathaway 10 Oona A. Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law and director of the Center for Global Legal Challenges at Yale Law School BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND SCHOLARS AS AMICI CURIAE IN SUPPORT OF REHEARING OR REHEARING EN BANC http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf 3. The panel’s broad and inaccurate pronouncements on the applicability of the laws of AND , the damage caused by the panel opinion is likely to be widespread.
Despite the En Banc Circuit effort to treat the Al-Bihani panel ruling as dicta, it has changed how the federal judiciary is treating international treaty law
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law¶ 43 Geo. J. Int'l L. 927 ¶ Al-Bihani's Effect on Case Law ¶ ¶ The repercussions from Al- AND of command structure limit from the President's detention authority. (173) ¶
Al-Bihani locks in a perception that the judiciary cannot enforce its international commitments and the U.S. can legally violate its international obligations
Adherence to the Charming Betsy canon is critical to development of a global transnational judicial dialogue that assures commitments to treaties
Waters 07 Melissa A Waters Assistant Professor of Law, Washington and Lee Law School. USING HUMAN RIGHTS TREATIES TO RESOLVE AMBIGUITY: THE ADVENT OF A RIGHTSCONSCIOUS CHARMING BETSY CANON http://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-38-2007/issue-2/using-human-rights-waters.pdf One of the most significant developments in international law over the past decade has been AND statutes in such a manner that they would not violate either international treaties.
U.S. not applying judicial standards of treaties in detention spills over to destroy treaties generally
Legal Information Institute 7 (The Legal Information Institute is a public service of Cornell Law School. “Boumediene v. Bush (06-1195); Al Odah v. United States (06-1196)” December 5, 2007, http://www.law.cornell.edu/supct/cert/06-1195) Amici for the detainees argue that international law entitles detainees to certain fundamental rights, AND the ICCPR and is therefore bound by these agreed-upon international obligations.
These global institutions are existing and inevitable – it’s about US compliance
Courts will inevitably address climate change questions – applying Charming Betsy is key to developing effective solutions
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. and Mary Envtl. L. and Pol'y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 How U.S. Courts Should Use International Climate Change Norms In the AND understanding of the judicial role in tackling the emerging law of climate change.
Recognition of international treaty norms is key to U.S. leadership and effective global solutions to climate change
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. and Mary Envtl. L. and Pol'y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 Advantages of Bringing International Norms into Domestic Climate Change Cases Although domestic U. AND , thereby, more significantly shape the future of the international climate regime.
Institutions key to solve warming
CAG 10—Climate Change Communication Advisory Group. Dr Adam Corner School of Psychology, Cardiff University - Dr Tom Crompton Change Strategist, WWF-UK - Scott Davidson Programme Manager, Global Action Plan - Richard Hawkins Senior Researcher, Public Interest Research Centre - Professor Tim Kasser, Psychology department, Knox College, Galesburg, Illinois, USA. - Dr Renee Lertzman, Center for Sustainable Processes and Practices, Portland State University, US. - Peter Lipman, Policy Director, Sustrans. - Dr Irene Lorenzoni, Centre for Environmental Risk, University of East Anglia. - George Marshall, Founding Director, Climate Outreach , Information Network - Dr Ciaran Mundy, Director, Transition Bristol - Dr Saffron O’Neil, Department of Resource Management and Geography, University of Melbourne, Australia. - Professor Nick Pidgeon, Director, Understanding Risk Research Group, School of Psychology, Cardiff University. - Dr Anna Rabinovich, School of Psychology, University of Exeter - Rosemary Randall, Founder and director of Cambridge Carbon Footprint - Dr Lorraine Whitmarsh, School of Psychology, Cardiff University and Visiting Fellow at the, Tyndall Centre for Climate Change Research. (Communicating climate change to mass public audience, http://pirc.info/downloads/communicating_climate_mass_audiences.pdf) This short advisory paper collates a set of recommendations about how best to shape mass AND they would like structural barriers to behavioural/societal change to be removed.
Second is the Montreal Protocol
New negotiations are coming that will make or break the protocol
Grabiel and Comerford 13 Danielle Fest Grabiel, IGSD Law Fellow, and Ms. Lia Comerford, IGSD Law Clerk¶ Enforcement Strategies for ¶ Combating the Illegal Trade¶ in HCfCs and Methyl Bromide¶ http://inece.org/wp-content/uploads/2013/06/Illegal_Trade_HCFCs_Methyl-Bromide.pdf Last year the world celebrated the Protocol’s 25th anniversary and its remarkable success. Parties AND ever that enforcement officers are trained ¶ and prepared to effectively address smuggling.
Only maintaining effective treaty cooperation can prevent extinction from Ozone depletion
Gareau 13 Brian J. Gareau is an Assistant Professor of Sociology and International Studies at Boston College. Whatever Happened to Ozone Layer Politics? http://www.e-ir.info/2013/01/29/whatever-happened-to-ozone-layer-politics/ The Montreal Protocol on Substances that Depletes the Ozone Layer (1997) is arguably AND heightened environmental awareness, the Montreal Protocol entered its own moment of uncertainty.
The Montreal Protocol is at risk and the U.S. is trying to lead efforts to strengthen it
US-EPA 12 U.S. Environmental Protection Agency¶ June 2012¶ 2¶ Benefits of Addressing HFCs under the Montreal Protocol¶ June 2012 http://www.epa.gov/ozone/downloads/Benefits20of20Addressing20HFCs20Under20the20Montreal20Protocol,20June202012.pdf The Montreal Protocol has been an unparalleled environmental success story. It is the only AND long-term. Table 10 displays the projected benefits from the Amendment.
Warming is anthropogenic – most comphrensive analysis to date proves
Green 13 – Professor of Chemistry @ Michigan Tech, *John Cook – Fellow @ Global Change Institute, produced climate communication resources adopted by organisations such as NOAA and the U.S. Navy Dana Nuccitelli – MA in Physics @ UC-Davis *Mark Richardson – PhD Candidate in Meteorology, et al., (“Quantifying the consensus on anthropogenic global warming in the scientific literature,” Environmental Research Letters, 8.2) An accurate perception of the degree of scientific consensus is an essential element to public AND 1 based on abstract ratings) endorses the scientific consensus on AGW.
No alt causes – natural forcing mechanisms can’t explain modern termperature trends
Rahmstorf 8 – Professor of Physics of the Oceans Richard, of Physics of the Oceans at Potsdam University, Global Warming: Looking Beyond Kyoto, Edited by Ernesto Zedillo, “Anthropogenic Climate Change?,” pg. 42-4 It is time to turn to statement B: human activities are altering the climate AND that anthropogenic global warming is a reality with which we need to deal.
Tipping points are likely – leads to runaway warming
Guterl 12 – Editor @ Scientific American (Fred, “Climate Armageddon: How the World's Weather Could Quickly Run Amok: Climate scientists think a perfect storm of climate "flips" could cause massive upheavals in a matter of years, http://www.scientificamerican.com/article.cfm?id=how-worlds-weather-could-quickly-run-amok) One of the most productive scientists in applying dynamical systems theory to climate is Tim AND the 50 billion to 100 billion tons of carbon now trapped in permafrost.
Causes extinction—4 degree projections trigger a laundry list of extinction scenarios
Roberts 13—citing the World Bank Review’s compilation of climate studies - 4 degree projected warming, can’t adapt - heat wave related deaths, forest fires, crop production, water wars, ocean acidity, sea level rise, climate migrants, biodiversity loss David, “If you aren’t alarmed about climate, you aren’t paying attention” http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/ January 10 mtc We know we’ve raised global average temperatures around 0.8 degrees C so far AND , but a world that is inexorably more inhospitable with every passing decade.
The risk is existential
Mazo 10 – PhD in Paleoclimatology from UCLA Jeffrey Mazo, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, “Climate Conflict: How global warming threatens security and what to do about it,” pg. 122 The best estimates for global warming to the end of the century range from 2 AND adaptation to these extremes would mean profound social, cultural and political changes.
Traditional risk assessment should be ignored—potential disastrous effects of warming should be treated as 100 likely even if they win some defense
Emanuel 12—atmospheric science professor @ MIT Kerry, “Probable Cause” http://www.foreignpolicy.com/articles/2012/11/09/probable_cause?page=full November 9 mtc At its best, climate science deals in probabilities. This means that under ideal AND risk or that we should do nothing is both scientifically and morally indefensible.
Not inevitable – it’s immediately reversible and there is no time lag
Desjardins 13 – member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center (Cléa, “Global Warming: Irreversible but Not Inevitable,” http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php) Carbon dioxide emission cuts will immediately affect the rate of future global warming Concordia and AND mitigation challenge, clarifying these points of hope is critical to motivate change.”
Our focus on government action facilitates individual agency – apocalyptic warming representations motivate individual lifestyle changes
Apocalyptic representations of global warming are necessary to motivate change – serves as a key cite for coalition-building -must be accompanied by a solution – not as an inevitable fact
Buell 10 – Professor @ Queens Frederick Buell, professor of English at Queens College and also a member of the World Studies, American Studies and Environmental Studies programmes, Future Ethics, pg. 30-32 To fully understand these changes, I argue, we need not to discard but AND that has become todays foremost environmental concern and thus site for reinventing apocalypse.
10/16/13
ADV - Warming - K Version
Tournament: Disclosure | Round: 2 | Opponent: NA | Judge: NA Warming
In a 2-1 decision in Al-Bihani v Obama, the D.C. panel ignored the stance of the Executive, the Congress and the Supreme Court on how International Treaty Law should be applied
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law 43 Geo. J. Int'l L. 927 The court's holding in Al-Bihani is troubling in several respects. First, AND on the MCA but rather should be informed by the laws of war.
That has a legally binding force unless reversed
Alstine 11 Michael P. Van Alstine , Prof of Law University of Maryland Duke Law Journal, U of Maryland Legal Studies Research Paper No. 2011-33 STARE DECISIS AND FOREIGN AFFAIRS http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1881137 It is a curious fact the Framers structured the Constitution precisely to protect against divergent AND of the foreign relations power to the national government in the first place.”
The Al-Bihani decision reverses the Charming Betsy canon
Walsh 10 Cara Maureen Walsh J.D. Candidate 2010, Vanderbilt University Law School. Al-Bihani, Not So Charming October, 2010 Vanderbilt Journal of Transnational Law 43 Vand. J. Transnat'l L. 1151 B. The Court’s Legal Reasoning First, the appeals court panel found that international AND permits the President to detain anyone who had merely “supported” enemy forces
This is a unique judicial signal that cannot be corrected by legislation
Dehn 10 Major John C. Dehn is an Assistant Professor in the Department of Law, US Military Academy, West Point, NY. He currently teaches International Law and Constitutional and Military Law. He is writing in his personal capacity and his views do not necessarily represent the views of the Department of Defense, the US Army, or the US Military Academy. The Relevance of International Law to (the Substantive and Procedural Rules of) Preventive Detention in Armed Conflict – A Rejoinder to Al-Bihanihttp://opiniojuris.org/2010/01/29/the-relevance-of-international-law-to-the-substantive-and-procedural-rules-of-preventive-detention-in-armed-conflict-E28093-a-rejoinder-to-al-bihani/ The post-Boumediene habeas litigation has raised concerns regarding whether the courts are AND ) expressly outlining executive detention authority in this or any other armed conflict.
This reversal sends a dangerous signal that the judiciary cannot enforce international treaty law
Paust 12 Jordan J. Paust Mike and Teresa Baker Law Center Professor, University of Houston. Spring, 2012, Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, and Deviant Dicta in the D.C. Circuit Cornell International Law Journal 45 Cornell Int'l L.J. 367 IV. Shocking Errors and Deviant Dicta in the District of Columbia Circuit Rarely AND values will be more effective if we refuse to cast those values aside.
If not explicitly reversed the D.C. circuit ruling will have widespread effect unraveling treaty law in other contexts as well
Hathaway 10 Oona A. Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law and director of the Center for Global Legal Challenges at Yale Law School BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND SCHOLARS AS AMICI CURIAE IN SUPPORT OF REHEARING OR REHEARING EN BANC http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf 3. The panel’s broad and inaccurate pronouncements on the applicability of the laws of AND , the damage caused by the panel opinion is likely to be widespread.
Despite the En Banc Circuit effort to treat the Al-Bihani panel ruling as dicta, it has changed how the federal judiciary is treating international treaty law
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law¶ 43 Geo. J. Int'l L. 927 ¶ Al-Bihani's Effect on Case Law ¶ ¶ The repercussions from Al- AND of command structure limit from the President's detention authority. (173) ¶
Al-Bihani locks in a perception that the judiciary cannot enforce its international commitments and the U.S. can legally violate its international obligations
Adherence to the Charming Betsy canon is critical to development of a global transnational judicial dialogue that assures commitments to treaties
Waters 07 Melissa A Waters Assistant Professor of Law, Washington and Lee Law School. USING HUMAN RIGHTS TREATIES TO RESOLVE AMBIGUITY: THE ADVENT OF A RIGHTSCONSCIOUS CHARMING BETSY CANON http://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-38-2007/issue-2/using-human-rights-waters.pdf One of the most significant developments in international law over the past decade has been AND statutes in such a manner that they would not violate either international treaties.
U.S. not applying judicial standards of treaties in detention spills over to destroy treaties generally
Legal Information Institute 7 (The Legal Information Institute is a public service of Cornell Law School. “Boumediene v. Bush (06-1195); Al Odah v. United States (06-1196)” December 5, 2007, http://www.law.cornell.edu/supct/cert/06-1195) Amici for the detainees argue that international law entitles detainees to certain fundamental rights, AND the ICCPR and is therefore bound by these agreed-upon international obligations.
These global institutions are existing and inevitable – it’s about US compliance
Courts will inevitably address climate change questions – applying Charming Betsy is key to developing effective solutions
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. and Mary Envtl. L. and Pol'y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 How U.S. Courts Should Use International Climate Change Norms In the AND understanding of the judicial role in tackling the emerging law of climate change.
Recognition of international treaty norms is key to U.S. leadership and effective global solutions to climate change
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. and Mary Envtl. L. and Pol'y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 Advantages of Bringing International Norms into Domestic Climate Change Cases Although domestic U. AND , thereby, more significantly shape the future of the international climate regime.
Institutions key to solve warming
CAG 10—Climate Change Communication Advisory Group. Dr Adam Corner School of Psychology, Cardiff University - Dr Tom Crompton Change Strategist, WWF-UK - Scott Davidson Programme Manager, Global Action Plan - Richard Hawkins Senior Researcher, Public Interest Research Centre - Professor Tim Kasser, Psychology department, Knox College, Galesburg, Illinois, USA. - Dr Renee Lertzman, Center for Sustainable Processes and Practices, Portland State University, US. - Peter Lipman, Policy Director, Sustrans. - Dr Irene Lorenzoni, Centre for Environmental Risk, University of East Anglia. - George Marshall, Founding Director, Climate Outreach , Information Network - Dr Ciaran Mundy, Director, Transition Bristol - Dr Saffron O’Neil, Department of Resource Management and Geography, University of Melbourne, Australia. - Professor Nick Pidgeon, Director, Understanding Risk Research Group, School of Psychology, Cardiff University. - Dr Anna Rabinovich, School of Psychology, University of Exeter - Rosemary Randall, Founder and director of Cambridge Carbon Footprint - Dr Lorraine Whitmarsh, School of Psychology, Cardiff University and Visiting Fellow at the, Tyndall Centre for Climate Change Research. (Communicating climate change to mass public audience, http://pirc.info/downloads/communicating_climate_mass_audiences.pdf) This short advisory paper collates a set of recommendations about how best to shape mass AND they would like structural barriers to behavioural/societal change to be removed.
Second is the Montreal Protocol
New negotiations are coming that will make or break the protocol
Grabiel and Comerford 13 Danielle Fest Grabiel, IGSD Law Fellow, and Ms. Lia Comerford, IGSD Law Clerk¶ Enforcement Strategies for ¶ Combating the Illegal Trade¶ in HCfCs and Methyl Bromide¶ http://inece.org/wp-content/uploads/2013/06/Illegal_Trade_HCFCs_Methyl-Bromide.pdf Last year the world celebrated the Protocol’s 25th anniversary and its remarkable success. Parties AND ever that enforcement officers are trained ¶ and prepared to effectively address smuggling.
Only maintaining effective treaty cooperation can prevent extinction from Ozone depletion
Gareau 13 Brian J. Gareau is an Assistant Professor of Sociology and International Studies at Boston College. Whatever Happened to Ozone Layer Politics? http://www.e-ir.info/2013/01/29/whatever-happened-to-ozone-layer-politics/ The Montreal Protocol on Substances that Depletes the Ozone Layer (1997) is arguably AND heightened environmental awareness, the Montreal Protocol entered its own moment of uncertainty.
The Montreal Protocol is at risk and the U.S. is trying to lead efforts to strengthen it
US-EPA 12 U.S. Environmental Protection Agency¶ June 2012¶ 2¶ Benefits of Addressing HFCs under the Montreal Protocol¶ June 2012 http://www.epa.gov/ozone/downloads/Benefits20of20Addressing20HFCs20Under20the20Montreal20Protocol,20June202012.pdf The Montreal Protocol has been an unparalleled environmental success story. It is the only AND long-term. Table 10 displays the projected benefits from the Amendment.
Warming is anthropogenic – most comphrensive analysis to date proves
Green 13 – Professor of Chemistry @ Michigan Tech, *John Cook – Fellow @ Global Change Institute, produced climate communication resources adopted by organisations such as NOAA and the U.S. Navy Dana Nuccitelli – MA in Physics @ UC-Davis *Mark Richardson – PhD Candidate in Meteorology, et al., (“Quantifying the consensus on anthropogenic global warming in the scientific literature,” Environmental Research Letters, 8.2) An accurate perception of the degree of scientific consensus is an essential element to public AND 1 based on abstract ratings) endorses the scientific consensus on AGW.
No alt causes – natural forcing mechanisms can’t explain modern termperature trends
Rahmstorf 8 – Professor of Physics of the Oceans Richard, of Physics of the Oceans at Potsdam University, Global Warming: Looking Beyond Kyoto, Edited by Ernesto Zedillo, “Anthropogenic Climate Change?,” pg. 42-4 It is time to turn to statement B: human activities are altering the climate AND that anthropogenic global warming is a reality with which we need to deal.
Tipping points are likely – leads to runaway warming
Guterl 12 – Editor @ Scientific American (Fred, “Climate Armageddon: How the World's Weather Could Quickly Run Amok: Climate scientists think a perfect storm of climate "flips" could cause massive upheavals in a matter of years, http://www.scientificamerican.com/article.cfm?id=how-worlds-weather-could-quickly-run-amok) One of the most productive scientists in applying dynamical systems theory to climate is Tim AND the 50 billion to 100 billion tons of carbon now trapped in permafrost.
Causes extinction—4 degree projections trigger a laundry list of extinction scenarios
Roberts 13—citing the World Bank Review’s compilation of climate studies - 4 degree projected warming, can’t adapt - heat wave related deaths, forest fires, crop production, water wars, ocean acidity, sea level rise, climate migrants, biodiversity loss David, “If you aren’t alarmed about climate, you aren’t paying attention” http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/ January 10 mtc We know we’ve raised global average temperatures around 0.8 degrees C so far AND , but a world that is inexorably more inhospitable with every passing decade.
The risk is existential
Mazo 10 – PhD in Paleoclimatology from UCLA Jeffrey Mazo, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, “Climate Conflict: How global warming threatens security and what to do about it,” pg. 122 The best estimates for global warming to the end of the century range from 2 AND adaptation to these extremes would mean profound social, cultural and political changes.
Traditional risk assessment should be ignored—potential disastrous effects of warming should be treated as 100 likely even if they win some defense
Emanuel 12—atmospheric science professor @ MIT Kerry, “Probable Cause” http://www.foreignpolicy.com/articles/2012/11/09/probable_cause?page=full November 9 mtc At its best, climate science deals in probabilities. This means that under ideal AND risk or that we should do nothing is both scientifically and morally indefensible.
Not inevitable – it’s immediately reversible and there is no time lag
Desjardins 13 – member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center (Cléa, “Global Warming: Irreversible but Not Inevitable,” http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php) Carbon dioxide emission cuts will immediately affect the rate of future global warming Concordia and AND mitigation challenge, clarifying these points of hope is critical to motivate change.”
Our focus on government action facilitates individual agency – apocalyptic warming representations motivate individual lifestyle changes
Apocalyptic representations of global warming are necessary to motivate change – serves as a key cite for coalition-building -must be accompanied by a solution – not as an inevitable fact
Buell 10 – Professor @ Queens Frederick Buell, professor of English at Queens College and also a member of the World Studies, American Studies and Environmental Studies programmes, Future Ethics, pg. 30-32 To fully understand these changes, I argue, we need not to discard but AND that has become todays foremost environmental concern and thus site for reinventing apocalypse.
10/16/13
ICJ 2ac Patent Reform
Tournament: NDT | Round: 3 | Opponent: Wake MQ | Judge: Repko, Fifelski, Ryan
Patent Reform
===Impact D===
====Economic decline doesn’t lead to war—best studies==== Drezner 14 Daniel W. Drezner, Professor, The Fletcher School of Law and Diplomacy, Tufts University, World Politics 66, no. 1 "The System Worked Global Economic Governance during the Great Recession", January 2014 The final significant outcome addresses a dog that hasn’t barked: the effect of the AND . 2013. For remittance flows, see World Bank 2012. 41 Lund
Thumper
Ukraine thumps and PC fails
Sink 3/20 Justin, The Hill, Obama’s bully pulpit struggle, 3/20/14, http://thehill.com/blogs/global-affairs/russia/201333-obamas-bully-pulpit-struggle President Obama’s reliance on the bully pulpit to bump up ObamaCare’s enrollment and hammer Republicans AND in this room are producing," he told reporters at his daily briefing.
Merritt, EE Times, 3-12-14 ~Rick, "Patent Data Missing in Troll Debate" http://www.eetimes.com/document.asp?doc_id=132136426_mc=MP_IW_EDT_STUB~~ While the US Congress debates legislation aimed at addressing a troubling increase in patent infringement AND the litigant — rather than the type of patent — may be misplaced.
Executive action doesn’t link
Harvard Law Review, 12 (Harvard Law Review Editorial Staff, June, http://www.harvardlawreview.org/media/pdf/vol125_devo.pdf) Of course, one might argue that trusting the President to follow these guidelines is AND seems likely that the public would view her or his work as legitimate.
Doesn’t trigger any of the partisanship links
Michael Cohen is regular writer and commentator on American politics and U.S. foreign policy. He is the author of Live from the Campaign Trail: The Greatest Presidential Campaign Speeches of the 20th Century and How They Shaped Modern America (Walker Books, 2008), as well as a columnist the Guardian newspaper. He previously wrote a weekly column forForeign Policy and was a blogger for the New York Daily News. Formerly he was a senior fellow at the New America Foundation and the American Security Project. He also served in the U.S. Department of State as chief speechwriter for U.S. Representative to the United Nations Bill Richardson and Undersecretary of State Stuart Eizenstat. He has worked at the Carnegie Endowment for International Peace and was chief speechwriter for Senator Chris Dodd (D-CT). 3-28-2012http://www.foreignpolicy.com/articles/2012/03/28/power_grab?page=0,0
What has been Congress’s response to this disregarding of its role in foreign policy AND little political incentive for either Democrats or Republicans to say enough is enough.
3/28/14
ICJ 2ac T- Prohibition
Tournament: NDT | Round: 3 | Opponent: Wake MQ | Judge: Repko, Fifelski, Ryan
2AC T-Restriction
Prohibtion===
Restriction means a limit and includes conditions on action
CAA 8,COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, STATE OF ARIZONA, Appellee, v. JEREMY RAY WAGNER, Appellant., 2008 Ariz. App. Unpub. LEXIS 613 P10 The term "restriction" is not defined by the Legislature for the purposes AND dictate that the term "restriction" includes the ignition interlock device limitation.
In means within
RHD 13 (Random House Dictionary) in ~in~ Show IPA preposition, adverb, adjective, noun, verb, inned, in•ning. preposition 1. (used to indicate inclusion within space, a place, or limits): walking in the park.
3/28/14
ICJ 2ac T-Authority
Tournament: NDT | Round: 3 | Opponent: Wake MQ | Judge: Repko, Fifelski, Ryan
T
Authority is what the president may do—the aff changes his permission
Ellen Taylor 96, 21 Del. J. Corp. L. 870 (1996), Hein Online The term authority is commonly thought of in the context of the law of agency AND is between what the agent can do and what the agent may do.
3/28/14
ICJ 2ac Ukraine DA
Tournament: NDT | Round: 3 | Opponent: Wake MQ | Judge: Repko, Fifelski, Ryan
Ukraine DA
===Aff Solves===
====Self-defense is no longer part of US military doctrine—clearly articulating that and accepting a new international order is key to diffuse the Russian-Ukraine conflict==== Carroll 14 James Carroll, Distinguished Scholar-in-Residence at Suffolk University, holder of the 2011 Alonzo L. McDonald Family Chair at Emory University, and a columnist for the Globe, Boston Globe, "Shift in defense", 3/10/2014, http://www.bostonglobe.com/opinion/editorials/2014/03/09/ukraine-crisis-reveals-need-push-ahead-with-military-downsizing/XDRU9uaSyNJbmPn2JN6nzO/story.html Whether Congress will go along now is anyone’s guess. Russia’s seizure of the Crimean AND turn toward that future without fanfare. Yet the turn is being made.
AT: US-Russia war
No chance of war – proxy wars don’t escalate – cold war proves
Weber 3-5 - senior editor at TheWeek.com (Peter, "What would a U.S.-Russia war look like?," The Week, http://theweek.com/article/index/257406/what-would-a-us-russia-war-look-like) The chances that the U.S. and Russia will clash militarily over Moscow’s AND , Russia might fund pro-Moscow separatist movements in Ukraine against it.
But near the end of the conference call, U.S. officials were AND , and being met with international condemnation," a senior administration official said.
3/28/14
ICJ- 1ac
Tournament: NDT | Round: 3 | Opponent: Wake MQ | Judge: Repko, Fifelski, Ryan
1
ADVANTAGE ONE – EXCESSIVE FORCE
US pre-emption is modeled and leads to global conflicts
Rehman, 12 (9/13/12, Fehzan, International Relations at the University of Westminster, "Analyzing America’s National Security Strategy", e-International Relations, http://www.e-ir.info/2012/09/13/analyzing-americas-national-security-strategy/) Another implication on sovereignty, due to the NSS, was, yet again, AND emption and preventive wars against Taiwan for the promotion of its Chinese values.
This causes multiple scenarios for nuclear war—Indo Pak, China, and Middle East
Steinberg 2 – James B. Steinberg, Vice President and Director of Foreign Policy at the Brookings Institution, Michael E. O’Hanlon and Susan E. Rice, (James, "The New National Security Strategy and Preemption", Brookings Policy Brief Series, December, http://www.brookings.edu/research/papers/2002/12/terrorism-ohanlon) The Dangers of Legitimating Preemption A final concern relates to the impact of the precedent set by the United States AND also illustrate the dangers of legitimating an easy and early recourse to preemption.
Middle East escalates
The Earl of Stirling 11, hereditary Governor 26 Lord Lieutenant of Canada, Lord High Admiral of Nova Scotia, 26 B.Sc. in Pol. Sc. 26 History; M.A. in European Studies, "General Middle East War Nears - Syrian events more dangerous than even nuclear nightmare in Japan", http://europebusines.blogspot.com/2011/03/general-middle-east-war-nears-syrian.html Any Third Lebanon War/General Middle East War is apt to involve WMD on AND , fought with 21st Century weaponry will be anything but the Biblical Armageddon.
So does indo pak
Greg Chaffin 11, Research Assistant at Foreign Policy in Focus, July 8, 2011, "Reorienting U.S. Security Strategy in South Asia," online: http://www.fpif.org/articles/reorienting_us_security_strategy_in_south_asia A nuclear conflict in the subcontinent would have disastrous effects on the world as a AND lead to more drought, worldwide food shortages, and widespread political upheaval.
So does China-Taiwan
Straits Times 2k (6-25, Lexis, No one gains in war over Taiwan) THE DOOMSDAY SCENARIO THE high-intensity scenario postulates a cross-strait war escalating AND cannot be ruled out entirely, for China puts sovereignty above everything else.
ICJ would rule against preventive self-defense
Bellamy 8 – Professor of International Politics @ Griffith (Alex, "Security and the War on Terror," p. 111) Interpretations of Article 51 have tended to fall into one of two camps, what AND and defence would be eroded (see Cassesse 1986: 515-16).
Executive compliance is key and modeled
Sloane 8 – Sloane, Associate Professor of Law, Boston University School of Law (Robert, Boston University Law Review, April, 88 B.U.L. Rev. 341, Lexis) There is a great deal more constitutional history that arguably bears on the scope of AND to U.S. national security in the twenty-first century.
It’s reverse causal – US restraint based on international standards solves conflict
Obayemi 6 – East Bay Law School professor Olumide, "Article: Legal Standards Governing Pre-Emptive Strikes and Forcible Measures of Anticipatory Self-Defense Under the U.N. Charter and General International Law,’ 12 Ann. Surv. Int’l 26 Comp. L. 19 The United States must abide by the rigorous standards set out above that are meant AND . This is the essence of the preamble to the United Nations Charter.
2
ADVANTAGE TWO – ICJ
Statistical analysis proves territorial disputes are likely and will escalate
Valeriano 9 - Assistant Professor of Political Science, Ph.D. at Vanderbilt University Brandon, "When States Die: Geographic and Territorial Pathways to State Death," http://tigger.uic.edu/~~bvaler/When20Do20States20Die20II20Final.doc Due to the salience of territorial disputes (Senese 1996) and their connection to AND factor that one must defend in order for a state to survive.
Senkaku conflict escalates
Khan 10 – Financial Express (Maswood, September 22, "An islet straining China and Japan" http://www.thefinancialexpress-bd.com/more.php?news_id=11244726date=2010-09-22) ONE thing leads to another. Tensions between neighbours flare up at the slightest provocation AND showing its muscle to Japan the way America showed its muscle to Iraq.
So does SCS conflict
Wesley 12 (Michael, Former Professor of International Relations and Director of the Griffith Asia Institute at Griffith University, Former Executive Director of the Lowy Institute for International Policy, "What’s at stake in the South China Sea?", 7/25/12, http://www.lowyinstitute.org/publications/whats-stake-south-china-sea) The South China Sea is the flashpoint in the Pacific where conflict is most likely to break out through miscalculation. It is a crowded maritime environment contested by some inexperienced maritime forces with underdeveloped naval doctrine, among whom there are no established and accepted rules for managing maritime incidents.~1~ And the combination of the claimant states’ power asymmetries, overlapping prerogatives, and growing nationalism mean that incidents, once they occur, are likely to escalate.
No impact defense
Twomey 11 – Professor National Security at Naval Postgraduate (Christopher, January, "Asia’s Complex Strategic Environment: Nuclear Multipolarity and Other Dangers" Asia Policy, No 11, ProjectMuse) Implications Each element of complexity raises its own problems, which are summarized in this AND for example, the United States and North Korea or China and India.
ICJ credibility solves Asian territorial disputes and leads to Asian regionalism
Strachan 9 – Research Intern, IPCS, New Delhi (Anna Louise, "Resolving Southeast Asian Territorial Disputes: A Role for the ICJ," http://www.ipcs.org/pdf_file/issue/IB133-SEARP-AnnaICJ_(Read-Only).pdf) Southeast Asia is currently embroiled in a number ¶ of territorial disputes, the resolution AND initiatives are a step ¶ towards eliminating territorial disputes within the ¶ region.
Credible ICJ solves resource wars
Tiefenbrun 97 – PhD, Director of International Law Programs and Adjunct Professor at Hofstra University School of Law (Susan, "The Role of the World Court in Settling International Disputes: A Recent Assessment," 20 Loy. L.A. Int’l 26 Comp. L.J. 1, Lexis) Despite these issues, the World Court should play a greater role in the future AND a special chamber to deal with each environmental dispute brought to it. 189
Extinction
Lendman 7 - renowned author and Research Associate of the Center for Research on Globalization AND a recipient of a 2008 Project Censored Award, University of California at Sonoma (Stephen, "Resource Wars – Can We Survive Them?" – Global Research, June 06, 2007 – http://www.globalresearch.ca/resource-wars-can-we-survive-them/5892) With the world’s energy supplies finite, the US heavily dependent on imports, and AND , or at least a big part of it, would have survived.
ICJ credibility solves warming
Strauss 8 – Professor of Law at Widener University School of Law (Andrew, "Give the International Court of Justice Compulsory Advisory Jurisdiction on Matters Concerning Climate Change and the Needs and Interests of Future Generations," CLI RECOMMENDATION NO. 16) This underdevelopment has significant implications for future generations. Some of the more extreme but AND of large ecological import with implications across time as well as across space.
Extinction
Brandenberg 99 – PhD, Physicist (Dr. John, Physicist, Dead Mars, Dying Earth, p. 232-233) The world goes on its merry way and fossil fuel use continues to power it AND Mars – red, desolate, with perhaps a few hardy microbes surviving.
The plan solves – Reversing the precedent set in US v. Nicaragua is key – enhances ICJ credibility to restrain use of force
Gray 13 – Professor of Law @ Cambridge (Christine, "Why states resort to litigation in cases concerning the use of force," Litigating International Law Disputes, Scholar) After its decision on the merits in Corfu Channel, the ICJ decided no further AND USA seems to have encouraged developing states to turn to the ¶ Court.
====Even if the ICJ is never used, restoring its credibility means states settles disputes outside of the court==== Mitchell 6 Sara McLaughlin Mitchell, Department of Political Science, The University of Iowa, "Cooperation in World Politics: The Constraining and Constitutive Effects of International Organizations", 2006 Institutionalist scholars (e.g. Keohane, 1984) argue that institutions promote AND do not fight wars against other democracies (Russett and Oneal, 2001).
The plan solves –
Submitting US use of force decisions to ICJ jurisdiction invigorates the credibility of the institution – solves global stability
Meyer 3 – JD, American Society for International Law (Howard, "Isn’t It Time We Rejoin the World Court? (We Left in 1986)," http://hnn.us/articles/1465.html) George W. Bush drew fire from law and order advocates when in 2002 he AND stronger institutions of international justice would make the United States a safer place.
Specifically – expanding compulsory jurisdiction creates a rules-based international order that overcomes tendencies of realpolitik
Strauss 8 – Professor of Law at Widener University School of Law (Andrew, "Give the International Court of Justice Compulsory Advisory Jurisdiction on Matters Concerning Climate Change and the Needs and Interests of Future Generations," CLI RECOMMENDATION NO. 16) Another serious and related argument against the establishment of universal advisory jurisdiction is that it AND with that end in sight, however, such contradictions will gradually diminish.
Obama is key – reverses Bush-era antagonisms
LAT 9 (Los Angeles Times, http://www.latimes.com/news/opinion/la-ed-leadership18-2009jan18,0,1509741.story~23axzz2v2Z1Nc5n) Under President Bush, the United States acted unilaterally to exempt itself from international laws AND are deeply held American values, to be promoted in word and deed.
The US normally complies with ICJ decisions, Nicaragua is the outlier
Damrosch 7 – Professor of Law @ Columbia ("BRIEF OF INTERNATIONAL COURT OF JUSTICE EXPERTS AS AMICI CURIAE IN SUPPORT OF PETITIONER," http://www.debevoise.com/publications/pdf/Medellin_Pet_Amicus_ICJExperts.pdf) The United States has a major stake in maintaining a record¶ of abiding by AND addressed to them, except for Iran in the Tehran Hostages case.23
Plan
The President of the United States should bind itself to the compulsory jurisdiction of the International Court of Justice for decisions regarding the war powers authority of the President of the United States to introduce Armed Forces into hostilities.
The President of the United States should bind itself to the compulsory jurisdiction of the International Court of Justice for decisions regarding the President’s war powers authority to introduce armed forces into hostilities.
1
ADVANTAGE ONE – EXCESSIVE FORCE
US pre-emption is modeled and leads to global conflicts Rehman, 12 (9/13/12, Fehzan, International Relations at the University of Westminster, "Analyzing America’s National Security Strategy", e-International Relations, http://www.e-ir.info/2012/09/13/analyzing-americas-national-security-strategy/) Another implication on sovereignty, due to the NSS, was, yet again, AND emption and preventive wars against Taiwan for the promotion of its Chinese values.
This causes multiple scenarios for nuclear war Steinberg 2 – James B. Steinberg, Vice President and Director of Foreign Policy at the Brookings Institution, Michael E. O’Hanlon and Susan E. Rice, (James, "The New National Security Strategy and Preemption", Brookings Policy Brief Series, December, http://www.brookings.edu/research/papers/2002/12/terrorism-ohanlon) The Dangers of Legitimating Preemption A final concern relates to the impact of the precedent set by the United States AND also illustrate the dangers of legitimating an easy and early recourse to preemption.
Russia is invading Ukraine—it’s a powder keg that escalates Cathcart 14 Will Cathcart, former media advisor to the President of Georgia and former managing editor of the Charleston Mercury newspaper, The Daily Beast, "Why America Must Stop Comparing Ukraine To World War II", 3/10/14, http://www.thedailybeast.com/articles/2014/03/10/why-america-must-stop-comparing-ukraine-to-world-war-ii.html** As Crimea’s March 16 referendum approaches, Russian troops are again amassing in the largest AND enabled by the U.S. and EU’s escalation of the crisis.
Treaty obligations ensures draw-in, no chance of staying minor Weber 3-5 - senior editor at TheWeek.com, and has handled the editorial night shift since 2008. A graduate of Northwestern University, Peter has worked at Facts on File and The New York Times Magazine (Peter, "What would a U.S.-Russia war look like?," http://theweek.com/article/index/257406/what-would-a-us-russia-war-look-like) The chances that the U.S. and Russia will clash militarily over Moscow’s AND , bloody conflicts can start with tiny skirmishes, especially in Eastern Europe.
Extinction Starr 3-11 - associate of the Nuclear Age Peace Foundation and senior scientist for Physicians for Social Responsibility (Steven, "Ukraine + NATO = Nuclear War," http://www.truth-out.org/speakout/item/22397-ukraine-nato-nuclear-war) The greatest single mistake that the US can make now is to pledge that US AND could easily become a nuclear war that could destroy all nations and peoples.
Self-defense is no longer part of US military doctrine—clearly articulating that and accepting a new international order is key to diffuse the Russian-Ukraine conflict Carroll 14 James Carroll, Distinguished Scholar-in-Residence at Suffolk University, holder of the 2011 Alonzo L. McDonald Family Chair at Emory University, and a columnist for the Globe, Boston Globe, "Shift in defense", 3/10/2014, http://www.bostonglobe.com/opinion/editorials/2014/03/09/ukraine-crisis-reveals-need-push-ahead-with-military-downsizing/XDRU9uaSyNJbmPn2JN6nzO/story.html Whether Congress will go along now is anyone’s guess. Russia’s seizure of the Crimean AND turn toward that future without fanfare. Yet the turn is being made.
Adherence to ICJ rulings would limit excessive use of pre-emptive force Murphy 8 - Professor of Law, George Washington University (Sean, "The United States and the International Court of Justice: Coping with Antinomies," in THE UNITED STATES AND INTERNATIONAL COURTS AND TRIBUNALS) The formal means for mediating antimonies have been largely unchanged since the inception of the AND welcome opportunities to speak to the legality of U.S. actions.
ICJ would rule against preventive self-defense Bellamy 8 – Professor of International Politics @ Griffith (Alex, "Security and the War on Terror," p. 111) Interpretations of Article 51 have tended to fall into one of two camps, what AND and defence would be eroded (see Cassesse 1986: 515-16).
Executive compliance is key Sloane 8 – Sloane, Associate Professor of Law, Boston University School of Law (Robert, Boston University Law Review, April, 88 B.U.L. Rev. 341, Lexis) There is a great deal more constitutional history that arguably bears on the scope of AND to U.S. national security in the twenty-first century.
It’s reverse causal – US restraint based on international standards solves conflict Obayemi 6 – East Bay Law School professor Olumide, "Article: Legal Standards Governing Pre-Emptive Strikes and Forcible Measures of Anticipatory Self-Defense Under the U.N. Charter and General International Law,’ 12 Ann. Surv. Int’l 26 Comp. L. 19 The United States must abide by the rigorous standards set out above that are meant AND . This is the essence of the preamble to the United Nations Charter.
Global cooperation is impossible absent ICJ compliance Chayes 8 - Visiting Professor of International Politics and Law in the Fletcher School of Law and Diplomacy at Tufts University (Antonia, "How American Treaty Behavior Threatens National Security," International Security, 33.1) In recent years, American treaty behavior has produced growing concern among both allies and AND future cooperation on issues that Americans value. But resentment runs deep.111
2
ADVANTAGE TWO – ICJ Credibility
SCENARIO ONE – TERRITORIAL DISPUTES Statistical analysis proves territorial disputes are likely and will escalate Valeriano 9 - Assistant Professor of Political Science, Ph.D. at Vanderbilt University Brandon, "When States Die: Geographic and Territorial Pathways to State Death," http://tigger.uic.edu/~~bvaler/When20Do20States20Die20II20Final.doc Due to the salience of territorial disputes (Senese 1996) and their connection to AND factor that one must defend in order for a state to survive.
Senkaku conflict escalates Khan 10 – Financial Express (Maswood, September 22, "An islet straining China and Japan" http://www.thefinancialexpress-bd.com/more.php?news_id=11244726date=2010-09-22) ONE thing leads to another. Tensions between neighbours flare up at the slightest provocation AND showing its muscle to Japan the way America showed its muscle to Iraq.
South China Sea escalates Wesley 12 (Michael, Former Professor of International Relations and Director of the Griffith Asia Institute at Griffith University, Former Executive Director of the Lowy Institute for International Policy, "What’s at stake in the South China Sea?", 7/25/12, http://www.lowyinstitute.org/publications/whats-stake-south-china-sea) The South China Sea is the flashpoint in the Pacific where conflict is most likely to break out through miscalculation. It is a crowded maritime environment contested by some inexperienced maritime forces with underdeveloped naval doctrine, among whom there are no established and accepted rules for managing maritime incidents.~1~ And the combination of the claimant states’ power asymmetries, overlapping prerogatives, and growing nationalism mean that incidents, once they occur, are likely to escalate.
Traditional deterrence theory doesn’t apply in Asia Twomey 11 – Professor National Security at Naval Postgraduate (Christopher, January, "Asia’s Complex Strategic Environment: Nuclear Multipolarity and Other Dangers" Asia Policy, No 11, ProjectMuse) Implications Each element of complexity raises its own problems, which are summarized in this AND for example, the United States and North Korea or China and India.
ICJ credibility solves Asian territorial disputes and leads to Asian regionalism Strachan 9 – Research Intern, IPCS, New Delhi (Anna Louise, "Resolving Southeast Asian Territorial Disputes: A Role for the ICJ," http://www.ipcs.org/pdf_file/issue/IB133-SEARP-AnnaICJ_(Read-Only).pdf) Southeast Asia is currently embroiled in a number ¶ of territorial disputes, the resolution AND initiatives are a step ¶ towards eliminating territorial disputes within the ¶ region.
Only a credible ICJ solves – bilateral and regional security agreements are non-starters Strachan 9 – Research Intern, IPCS, New Delhi (Anna Louise, "Resolving Southeast Asian Territorial Disputes: A Role for the ICJ," http://www.ipcs.org/pdf_file/issue/IB133-SEARP-AnnaICJ_(Read-Only).pdf) The ICJ has the potential to play a key role in resolving territorial disputes where AND any rulings made by the Court are fair and should be adhered to.
SCENARIO TWO – CONFLICT DAMPENING
A strong ICJ creates peaceful avenue to conflict resolution – de-escalates wars globally Cassel 3 – Professor of Law @ NU (Doug, "Is There a New World Court?," ND Law School Faculty Publications) One factor appears to be growing state confidence in the ICJ. This is evidenced AND its vast territory. An ICJ lawsuit may be war by another means.
ICJ has empirically worked as a conflict dampener Posner 4 – Professor of Law @ U Chicago (Eric, "Is the International Court of Justice Biased?," LAW 26 ECONOMICS WORKING PAPER NO. 234, http://www.law.uchicago.edu/files/files/234.eap_.icj-bias.pdf) The ICJ has considerable importance, both political and scholarly. Many of the ¶ AND semi-political body which nations sometimes accept and ¶ sometimes don’t."5
Even if wars happen, adherence to ICJ norms prevents city-busting Chetail 3 – assistant at the Graduate Institute of International Studies (Geneva) and at the Centre of European and Comparative Law (Lausanne), former consultant for the United Nations High Commissioner for Refugees (Vincent, "The contribution of the International Court of Justice to international humanitarian law," Scholar) A major contribution of the International Court of Justice is that it has singled out AND would be excessive in relation to the concrete and direct military advantage anticipated".
Prevents any conflict from escalating to nuclear winter Starr 9 - Bulletin of Atomic Scientists and Moscow Inst. Of Physics (Steven Starr, "Catastrophic Climatic Consequences of Nuclear Conflict," Int’l Network of Engineers and Scientists Against Proliferation,http://inesap.org/node/11) Nuclear detonations within urban and industrial areas would ignite immense mass fires which would burn AND , were never scientifically disproved and have been strengthened by the latest studies.
The plan solves – Reversing the precedent set in US v. Nicaragua is key – enhances ICJ credibility to restrain use of force Gray 13 – Professor of Law @ Cambridge (Christine, "Why states resort to litigation in cases concerning the use of force," Litigating International Law Disputes, Scholar) After its decision on the merits in Corfu Channel, the ICJ decided no further AND USA seems to have encouraged developing states to turn to the ¶ Court.
Even if the ICJ is never used, restoring its credibility means states settles disputes outside of the court Mitchell 6 Sara McLaughlin Mitchell, Department of Political Science, The University of Iowa, "Cooperation in World Politics: The Constraining and Constitutive Effects of International Organizations", 2006 Institutionalist scholars (e.g. Keohane, 1984) argue that institutions promote AND do not fight wars against other democracies (Russett and Oneal, 2001).
The plan solves – Submitting US use of force decisions to ICJ jurisdiction invigorates the credibility of the institution – solves global stability Meyer 3 – JD, American Society for International Law (Howard, "Isn’t It Time We Rejoin the World Court? (We Left in 1986)," http://hnn.us/articles/1465.html) George W. Bush drew fire from law and order advocates when in 2002 he AND stronger institutions of international justice would make the United States a safer place.
Specifically – expanding compulsory jurisdiction creates a rules-based international order that overcomes tendencies of realpolitik Strauss 8 – Professor of Law at Widener University School of Law (Andrew, "Give the International Court of Justice Compulsory Advisory Jurisdiction on Matters Concerning Climate Change and the Needs and Interests of Future Generations," CLI RECOMMENDATION NO. 16) Another serious and related argument against the establishment of universal advisory jurisdiction is that it AND with that end in sight, however, such contradictions will gradually diminish.
Obama is key – reverses Bush-era antagonisms LAT 9 (Los Angeles Times, http://www.latimes.com/news/opinion/la-ed-leadership18-2009jan18,0,1509741.story~23axzz2v2Z1Nc5n) Under President Bush, the United States acted unilaterally to exempt itself from international laws AND are deeply held American values, to be promoted in word and deed.
The US normally complies with ICJ decisions, Nicaragua is the outlier Damrosch 7 – Professor of Law @ Columbia ("BRIEF OF INTERNATIONAL COURT OF JUSTICE EXPERTS AS AMICI CURIAE IN SUPPORT OF PETITIONER," http://www.debevoise.com/publications/pdf/Medellin_Pet_Amicus_ICJExperts.pdf) The United States has a major stake in maintaining a record¶ of abiding by AND addressed to them, except for Iran in the Tehran Hostages case.23
The United States federal judiciary should affirm in opposition to Al-Bihani v. Obama, through the application of the "Charming Betsy" Canon, that treaties ratified by the United States are a restriction on the war powers authority of the President of the United States in the area of indefinite detention.
Charming Betsy
In a 2-1 decision in Al-Bihani v Obama, the D.C. panel — ignored the stance of the Executive, the Congress and the Supreme Court on how International Treaty Law should be applied
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law 43 Geo. J. Int’l L. 927 The court’s holding in Al-Bihani is troubling in several respects. First, AND on the MCA but rather should be informed by the laws of war.
That has a legally binding force unless reversed
Alstine 11 Michael P. Van Alstine , Prof of Law University of Maryland Duke Law Journal, U of Maryland Legal Studies Research Paper No. 2011-33 STARE DECISIS AND FOREIGN AFFAIRS http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1881137 It is a curious fact the Framers structured the Constitution precisely to protect against divergent AND of the foreign relations power to the national government in the first place."
On appeal the D.C. En Banc ruling ducked the question and failed to affirm that treaty law can be a restriction on Presidential war power authority
Luban 10 David Luban is University Professor and Professor of Law and Philosophy at the Georgetown University Law Center¶ Opting out of the Law of War: Comments on Withdrawing from International Custom, 120 Yale. L.J. Online 151 (2010), http://yalelawjournal.org/2010/12/8/luban.html ¶ ¶ ¶ The law of war is the elephant in the room for any AND law of war—not only in legal doctrine but on the battlefield.
If not explicitly reversed the D.C. circuit ruling will have widespread effect unraveling treaty law in other contexts as well
Hathaway 10 Oona A. Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law and director of the Center for Global Legal Challenges at Yale Law School BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND SCHOLARS AS AMICI CURIAE IN SUPPORT OF REHEARING OR REHEARING EN BANC http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf 3. The panel’s broad and inaccurate pronouncements on the applicability of the laws of AND , the damage caused by the panel opinion is likely to be widespread.
Independently, The Al-Bihani decision reverses the Charming Betsy canon
Walsh 10 Cara Maureen Walsh J.D. Candidate 2010, Vanderbilt University Law School. Al-Bihani, Not So Charming October, 2010 Vanderbilt Journal of Transnational Law 43 Vand. J. Transnat’l L. 1151 B. The Court’s Legal Reasoning First, the appeals court panel found that international AND permits the President to detain anyone who had merely "supported" enemy forces
This is a unique judicial signal that cannot be corrected by legislation
Dehn 10 ~Major John C. Dehn is an Assistant Professor in the Department of Law, US Military Academy, West Point, NY. He currently teaches International Law and Constitutional and Military Law. He is writing in his personal capacity and his views do not necessarily represent the views of the Department of Defense, the US Army, or the US Military Academy.~ The Relevance of International Law to (the Substantive and Procedural Rules of) Preventive Detention in Armed Conflict – A Rejoinder to Al-Bihanihttp://opiniojuris.org/2010/01/29/the-relevance-of-international-law-to-the-substantive-and-procedural-rules-of-preventive-detention-in-armed-conflict-E28093-a-rejoinder-to-al-bihani/ The post-Boumediene habeas litigation has raised concerns regarding whether the courts are AND ) expressly outlining executive detention authority in this or any other armed conflict.
This reversal sends a dangerous signal that the judiciary cannot enforce international treaty law
Paust 12 Jordan J. Paust Mike 26 Teresa Baker Law Center Professor, University of Houston. Spring, 2012, Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, and Deviant Dicta in the D.C. Circuit Cornell International Law Journal 45 Cornell Int’l L.J. 367 IV. Shocking Errors and Deviant Dicta in the District of Columbia Circuit Rarely AND values will be more effective if we refuse to cast those values aside.
Al-Bihani locks in a perception that the judiciary cannot enforce its international commitments and the U.S. can legally violate its international obligations
Adherence to the Charming Betsy canon is critical to development of a global transnational judicial dialogue that assures commitments to treaties
Waters 07 Melissa A Waters Assistant Professor of Law, Washington 26 Lee Law School. USING HUMAN RIGHTS TREATIES TO RESOLVE AMBIGUITY: THE ADVENT OF A RIGHTSCONSCIOUS CHARMING BETSY CANON http://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-38-2007/issue-2/using-human-rights-waters.pdf One of the most significant developments in international law over the past decade has been AND statutes in such a manner that they would not violate either international treaties.
Preservation of the Charming Betsy doctrine is vital to maintaining global commitments to international norms—independently solves conflict
Crootoff 11 Rebecca Crootof, J.D. Yale Law School Judicious Influence: Non-Self-Executing Treaties and the Charming Betsy Canon (April 5, 2011). Yale Law Journal. Available at SSRN: http://ssrn.com/abstract=1803380 The Charming Betsy Canon Encourages Domestic Courts’ Engagement with International Agreements and International Adoption AND values. See Waters, supra note 159, at 555-59.
====Effective treaty compliance solves war and collapse causes it==== Muller 2K Dr. Harold Muller is the Director of the Peace Research Institute-Frankfurt and Professor of International Relations at Goethe University Compliance Politics: A Critical Analysis of Multilateral Arms Control Treaty Enforcement http://cns.miis.edu/npr/pdfs/72muell.pdf In this author’s view,3 at least four distinct missions continue to make arms control, disarmament, and non-proliferation agreements useful, even indispensable parts of a stable and reliable world security structure: • As long as the risk of great power rivalry and competition exists—and AND are made empty shells by repeated breaches and a lack of effective enforcement.
U.S. not applying judicial standards of treaties in detention spills over to destroy treaties generally
Legal Information Institute 7 (The Legal Information Institute is a public service of Cornell Law School. "Boumediene v. Bush (06-1195); Al Odah v. United States (06-1196)" December 5, 2007, http://www.law.cornell.edu/supct/cert/06-1195) Amici for the detainees argue that international law entitles detainees to certain fundamental rights, AND the ICCPR and is therefore bound by these agreed-upon international obligations.
Contention 2: Warming
Multiple internal links:
First is the courts
Courts will inevitably address climate change questions – applying Charming Betsy is key to developing effective solutions
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. 26 Mary Envtl. L. 26 Pol’y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 How U.S. Courts Should Use International Climate Change Norms In the AND understanding of the judicial role in tackling the emerging law of climate change.
Recognition of international treaty norms is key to U.S. leadership and effective global solutions to climate change
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. 26 Mary Envtl. L. 26 Pol’y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 Advantages of Bringing International Norms into Domestic Climate Change Cases Although domestic U. AND , thereby, more significantly shape the future of the international climate regime.
====That’s key to effective reforestation efforts==== Reyer 9 - Faculty of Forest and Environment, University of Applied Sciences Eberswalde (Climate change mitigation via afforestation, reforestation and deforestation avoidance and what about adaptation to environmental change?, http://www.pik-potsdam.de/members/reyer/reyer-et-al-climate-change-mitigation-via.pdf) Climate change is affecting the world’s ecosystems and threatening the economic system, ¶ livelihoods AND ¶ policy regulations are necessary, especially for the post-Kyoto process.
====Independently solves warming==== Gleeson et al 9 Jenny Gleeson, Applied Research and Development Branch Gary Nielsen, Southern Region Planning Unit Bill Parker, Ontario Forest Research Institute, "Carbon offsets from afforestation and the potential for landowner participation in Ontario", Climate Change Research Note, 2009, http://www.mnr.gov.on.ca/stdprodconsume/groups/lr/@mnr/@climatechange/documents/document/276916.pdf Climate change is perhaps the greatest environmental policy challenge of the 21st century. Recent AND , as well as economic and recreational benefits (Freedman and Keith 1998).
Second is the Montreal Protocol
New negotiations are coming that will make or break the protocol
Grabiel 26 Comerford 13 Danielle Fest Grabiel, IGSD Law Fellow, and Ms. Lia Comerford, IGSD Law Clerk¶ Enforcement Strategies for ¶ Combating the Illegal Trade¶ in HCfCs and Methyl Bromide¶ http://inece.org/wp-content/uploads/2013/06/Illegal_Trade_HCFCs_Methyl-Bromide.pdf Last year the world celebrated the Protocol’s 25th anniversary and its remarkable success. Parties AND ever that enforcement officers are trained ¶ and prepared to effectively address smuggling.
Only maintaining effective treaty cooperation can prevent extinction from Ozone depletion
Gareau 13 Brian J. Gareau is an Assistant Professor of Sociology and International Studies at Boston College. Whatever Happened to Ozone Layer Politics? http://www.e-ir.info/2013/01/29/whatever-happened-to-ozone-layer-politics/ The Montreal Protocol on Substances that Depletes the Ozone Layer (1997) is arguably AND heightened environmental awareness, the Montreal Protocol entered its own moment of uncertainty.
The Montreal Protocol is at risk and the U.S. is trying to lead efforts to strengthen it
US-EPA 12 U.S. Environmental Protection Agency¶ June 2012¶ 2¶ Benefits of Addressing HFCs under the Montreal Protocol¶ June 2012 http://www.epa.gov/ozone/downloads/Benefits20of20Addressing20HFCs20Under20the20Montreal20Protocol,20June202012.pdf The Montreal Protocol has been an unparalleled environmental success story. It is the only AND long-term. Table 10 displays the projected benefits from the Amendment.
Warming is anthropogenic – most comphrensive analysis to date proves
Green 13 – Professor of Chemistry @ Michigan Tech, *John Cook – Fellow @ Global Change Institute, produced climate communication resources adopted by organisations such as NOAA and the U.S. Navy Dana Nuccitelli – MA in Physics @ UC-Davis *Mark Richardson – PhD Candidate in Meteorology, et al., ("Quantifying the consensus on anthropogenic global warming in the scientific literature," Environmental Research Letters, 8.2) An accurate perception of the degree of scientific consensus is an essential element to public AND 1 based on abstract ratings) endorses the scientific consensus on AGW.
Tipping points are likely – leads to runaway warming
Guterl 12 – Editor @ Scientific American (Fred, "Climate Armageddon: How the World’s Weather Could Quickly Run Amok: Climate scientists think a perfect storm of climate "flips" could cause massive upheavals in a matter of years, http://www.scientificamerican.com/article.cfm?id=how-worlds-weather-could-quickly-run-amok) One of the most productive scientists in applying dynamical systems theory to climate is Tim AND the 50 billion to 100 billion tons of carbon now trapped in permafrost.
Causes extinction—4 degree projections trigger a laundry list of extinction scenarios
Roberts 13—citing the World Bank Review’s compilation of climate studies - 4 degree projected warming, can’t adapt - heat wave related deaths, forest fires, crop production, water wars, ocean acidity, sea level rise, climate migrants, biodiversity loss David, "If you aren’t alarmed about climate, you aren’t paying attention" ~http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~ January 10 mtc We know we’ve raised global average temperatures around 0.8 degrees C so far AND , but a world that is inexorably more inhospitable with every passing decade.
Not inevitable – it’s immediately reversible and there is no time lag
Desjardins 13 – member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center (Cléa, "Global Warming: Irreversible but Not Inevitable," http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php) Carbon dioxide emission cuts will immediately affect the rate of future global warming Concordia and AND mitigation challenge, clarifying these points of hope is critical to motivate change."
3/28/14
NDT Rd 1 - 2AC CP Writ of Mandamus
Tournament: NDT | Round: 1 | Opponent: Michigan HK | Judge: Cohn, Harrigan, Herndon ====Only an explicit overrule solves ==== Duvall 08 Michael Duvall is an associate at Bryan Cave LLP and was a law clerk to the Honorable Pasco M. Bowman, II, United States Court of Appeals for the Eighth Circuit, in Kansas City, Missouri. Resolving Intra-Circuit Splits in the Federal Courts of Appeal, http://www.fclr.org/fclr/articles/html/2008/fedctslrev1.pdf ¶ In most federal courts of appeal, resolution of an intra-circuit split AND the prior-panel-precedent rule and the doctrine of stare decisis.
Charming Betsy creates global norm against protectionism
Cho 07 Sungjoon Cho¶ Assistant Professor of Law Chicago-Kent College of Law, Illinois Institute of Technology¶ Toward a New Economic Constitution: Judicial Disciplines on Trade Politics,¶ http://works.bepress.com/cgi/viewcontent.cgi?article=100226context=sungjoon_cho Finally, the Court can refer to international law, such as the WTO norms AND fashion. This judicial communication achieves a constitutional goal of taming trade politics.
Extinction
Panzner 8 – Instructor New York Institute of Finance (Michael J.-, Financial Armageddon: Protecting Your Future from Four Impending Catastrophes, P. 136-138) Continuing calls for curbs on the flow of finance and trade will inspire the United AND between Muslims and Western societies as the beginnings of a new world war.
—-rising actors aren’t belligerent —-access to the international economic system prevents rash behavior Drezner 12-29 – Professor of International Politics @ Tufts (Daniel, "The Year of Living Hegemonically," Foreign Policy A staple of international relations thinking for decades has been that U.S. AND if anything, they want to reinforce the existing rules of the game.
Courts treat non self and self executing treaties the same and congress can just pass a statute later to nullify treaties it doesn’t like—takes out the whole disad
Crootoff 11 Rebecca Crootof, J.D. Yale Law School Judicious Influence: Non-Self-Executing Treaties and the Charming Betsy Canon (April 5, 2011). Yale Law Journal. Available at SSRN: http://ssrn.com/abstract=1803380 While discussing how the Charming Betsy canon might have been used in interpreting the September AND non-self-executing treaty over the interests of a Congress enacting a later statute.
Seriously, Charming Betsy resolves every link argument in the 1nc
Crootoff 11 Rebecca Crootof, J.D. Yale Law School Judicious Influence: Non-Self-Executing Treaties and the Charming Betsy Canon (April 5, 2011). Yale Law Journal. Available at SSRN: http://ssrn.com/abstract=1803380 ¶ The Charming Betsy Canon’s Deference to the Political Branches Respects¶ Separation-of AND will increase the likelihood that domestic and international¶ law develop in tandem.
1AR
1NC AT Lashout
====No empirical basis for Lashout==== MacDonald and Parent 11—Profs of Political Science @ Williams and Miami Paul K. and Joseph M., Graceful Decline?, International Security, Spring 2k11, Volume 35, Number 4, Muse Based on our universe of cases, the predictions of retrenchment pessimists receive little support AND could have done to stay aloft, even with the benefit of hindsight.
1NC Prolif
Zero risk of prolif cascade
-great powers decreasing arsenal -interest is decreasing -feasibility hurdles -arms control agreements/IAEA inspections solve Keck 3/25 – Associate Editor of The Diplomat Zachary, "We’re Winning the War on Nukes" ~http://nationalinterest.org/commentary/were-winning-the-war-nukes-10119?page=show~~ March 25, 2014 mtc It is also wrong. By nearly any objective measurement, the world is winning AND have been surprised by the sophistication of the IAEA’s detection and safeguard measures.
===1ar Later in Time===
Later-in-time solves flexibility
Crootoff 11 Rebecca Crootof, J.D. Yale Law School Judicious Influence: Non-Self-Executing Treaties and the Charming Betsy Canon (April 5, 2011). Yale Law Journal. Available at SSRN: http://ssrn.com/abstract=1803380 The Charming Betsy canon plays a modest role in statutory interpretation. (125) AND apply Charming Betsy as an affirmative indicator of statutory meaning." (131)
Speed link
No speed link
Jennifer Daskal 13, The Geography of the Battlefield: A Framework for Detention and Targeting Outside the ’Hot’ Conflict Zone, American University Washington College of Law, April Ex Ante Procedures Three key considerations should guide the development of ex ante procedures. AND employed must be transparent and sufficiently credible to achieve the desired legitimacy gains.
To this Carter writes: the consequences predicted by defense contractor advocates vastly overstate the AND position to remedy them and can do so much more immediately and effectively.
Brown 2-7 (Hayes, "4 Issues Chilling U.S.-Russian Relations As Winter Olympics Begin In Sochi," Think Progress, http://thinkprogress.org/world/2014/02/07/3263471/4-issues-chilling-russia-america/) In 2009, then-Secretary of State Hillary Clinton provided her Russian counterpart with AND for a United Nations Security Council resolution urging Syria to allow aid through.
No impact
Shleifer and Treisman ’11 – Professor of Economic at Harvard and Professor of PoliSci at UCLA Andrei Shleifer, Professor of Economics at Harvard University, and Daniel Treisman, Professor of Political Science at the University of California,Los Angeles, and a Visiting Fellow at the Institute for Human Sciences in Vienna. "Why Moscow Says No: A Question of Russian Interests, Not Psychology". Foreign Affairs. Jan/Feb 2011. Vol. 90, Iss. 1; pg. 122. ProQuest. With very few exceptions, Russia does not need or want help from Washington in AND Germany, Spain, and the Czech Republic than in the United States.
Perception of credibility link is garbage—The Court does not perceive that single controversial decisions will hurt its credibility—Their link ev is from 97 and 99 and assumes a completely different court
ABA 9/20/13 Experts predict more divided decisions when Supreme Court takes on controversial cases in new term, http://www.americanbar.org/news/abanews/aba-news-archives/2013/09/experts_predict_more.html ¶ Chemerinsky said the court first needs to determine what information stored digitally is protected AND and no single decision will matter much for its legitimacy," Chemerinsky said.
Their legitimacy theory is Empirically false with this court—They made many controversial decisions last term Sherman 13 James B. Sherman, Esq, Wessels Sherman Joerg Liszka Laverty Seneczko P.C., jasherman@wesselssherman.com, www.wesselssherman.com http://chamberdispatch.com/hr/2759/u-s-supreme-court-term-ends-with-flurry-of-controversial-employment-decisions/ Just this week, before adjourning for the summer on June 26th, the United AND be denied the same federal benefits as married couples of the opposite sex.
Ruling for McCutcheon doesn’t limit financial influence on elections
The court would not view the plan as controversial—everyone likes it—that’s 1ac waring—more ev
Hollis 10 Duncan Hollis is Associate Dean for Academic Affairs and James E. Beasley Professor of Law at Temple University School of Law¶ The Supreme Court takes treaty interpretation seriously: Abbott v. Abbott¶ http://opiniojuris.org/2010/05/17/the-supreme-court-takes-treaty-interpretation-seriously-abbott-v-abbott/ The U.S. Supreme Court handed down its first-ever international family AND may demonstrate a more dynamic approach to treaty interpretation issues in the future.
Doesn’t hurt the Tea Party
BRIEF OF TEA PARTY LEADERSHIP FUND, 13 NATIONAL DEFENSE PAC, COMBAT VETERANS FOR CONGRESS PAC, CONSERVATIVE MELTING POT PAC, AND FREEDOM’S DEFENSE FUND PAC AS AMICI CURIAE IN SUPPORT OF APPELLANTS PALL D. KAMENAR Counsel of Record http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/briefs-v2/12-536_appel_amcu_tplf-etal.authcheckdam.pdf The Tea Party Leadership Fund ("TPLF") is a non-connected hybrid2 political AND preventing TPLF pooling such funds to make contributions to candidates that TPLF supports.
Even if extinction is inevitable – taking steps to postpone it solves suffering and adds value to life.
Epstein and Zhao in ’9 Richard J. Epstein and Y. Zhao, Laboratory of Computational Oncology,Department of Medicine,University of Hong Kong, Professorial Block,Queen Mary Hospital, Hong Kong. "The Threat That Dare Not Speak Its Name: Human Extinction". Perspectives in Biology and Medicine, volume 52, number 1 (winter 2009):116–25. Project Muse. Human extinction is 100 certain—the only uncertainties are when and how. AND , could pay dividends in minimizing the eventual cumulative burden of human suffering.
Action is life affirming even if extinction is inevitable
May 5 (Todd May, prof @ Clemson. "To change the world, to celebrate life," Philosophy 26 Social Criticism 2005 Vol 31 nos 5–6 pp. 517–531) Here, I take it, is where the idea of freedom in Foucault lies AND who would be more than willing to take your world up for you.
3/28/14
NDT Rd 1 - 2AC T ResolvedShould
Tournament: NDT | Round: 1 | Opponent: Michigan HK | Judge: Cohn, Harrigan, Herndon Resolved is firm decision AHD 6 (American Heritage Dictionary, http://dictionary.reference.com/browse/resolved) Resolve TRANSITIVE VERB:1. To make a firm decision about. 2. To cause (a person) to reach a decision. See synonyms at decide. 3. To decide or express by formal vote.
Tournament: NA | Round: 1 | Opponent: NA | Judge: NA
1ac
The celebration of targeted killings represents a return to the logics of mob violence and lynchings of black Americans. Much like the klu klux klan, the American Empire legitimizes its actions through the intimidation of the other and by establishing a false ideal of safe and pure democracy.
In order to understand our current condition it is important to offer a historical exegesis of America’s history with lynching. The spectacle of lynching was used in America as a form of race, class, and gender control legitimated as a response to perceived threats
Garland 05 David Garland, Professor, School of Law, New York University Law 26 Society Review, Volume 39, Number 4 (2005) Jstor I argue that public torture lynchings were a mode of racial repression-and AND threatened the balance of power between racial and economic groups in the South.
A frequent response to lynching has been to try to marginalize it as a unique act by a handful of racists in the South. This effort to marginalize the implications of lynching ignores its widespread national roots
Pfeifer 13 Michael I. Pfeifer is an associate professor of history at John Jay College of Criminal Justice, CUNY, and at the CUNY Graduate Center, Lynching Beyond Dixie: American Mob Violence Outside the South While observers in the late nineteenth and earlv twentieth centuries often construed lynching as a AND and the Mid-Atlantic, and that which occurred in the South.
Treating lynching as a historical anomaly disconnected from present policies and experiences ignores the historical continuities in our approaches to criminal punishment
Garland 05 David Garland, Professor, School of Law, New York University Law 26 Society Review, Volume 39, Number 4 (2005) Jstor Rethinking the Sociology of Punishment Recovering the history of lynchings-as-punishments should AND may easily dissolve. Picture postcards of lynchings are evidence enough of that.
The treatment of the present-absent specter of the lynched body is a necessary consideration for this investigation. We must interrogate the role of the passive public fascinated by, but unwilling to challenge lynching.
Apel 6 Dora Apet is the W. Hawkins Ferry Chair in Twentieth Century Art in the Department of Art and Art History at Wayne State University in Detroit, Lynching, Visucility, and Empire, http://nka.dukejournals.org.www2.lib.ku.edu:2048/content/2006/20/44 Today when we look at lynching photographs, we try not to see them AND responsibility of historical witnessing. The photographer now renders a service to history.
Silence in the face of lynching was a form of complicity
Apel 6 Dora Apet is the W. Hawkins Ferry Chair in Twentieth Century Art in the Department of Art and Art History at Wayne State University in Detroit, Lynching, Visucility, and Empire, http://nka.dukejournals.org.www2.lib.ku.edu:2048/content/2006/20/44 The Atlanta exhibition curator Joseph Jordan also responded to doubters: "If we AND counter the communal pride of the white mob "looking back at us."
Targeted killings participate in a similar logic of racial violence
Hamilton 12 John Hamilton is an activist and member of The Upstate NY Coalition to Ground the Drones Targeted Assassination is Lynching http://upstatedroneaction.org/wordpress/2012/11/11/targeted-assassination-is-lynching/ For many of us today, it is hard to imagine how our ancestors stood by as innocent people in this country were dragged from their homes and lynched. We like to think, we would never allow such obvious injustice21 Your recent editorial supporting illegal drones attacks by the US helps fill in this historical blank. You are, in 2012, applauding the routine extrajudicial murder of human beings. Another word for extrajudicial murder is lynching. You are publicly advocating international lynching21 As soon as our government names someone ’terrorist’, they lose all legal and human rights, with your approval. They can then be dragged from their homes, and hung from the nearest tree, or, in today’s drones terms bug splattered. Some white person in Selma Alabama in 1880 is nodding, only ’terrorist’ was spelled different back then. You can’t be unaware that Stanford and NYU just completed the first comprehensive study of US drones in Pakistan. Their conclusions: 98 of those killed were women children and locals, who pose no threat to the US. You can’t be unaware the UN charter, which the US senate ratified 89 to 2, makes acts of aggression by all nations, including the US, always and everywhere illegal. You can’t be unaware UN officials have called US drone attacks ’ certainly war crimes’, and said they undermine the whole structure of international law. If you are unaware of these well known facts , you must be publicly shamed as journalists. If you are aware of these, and still support illegal and immoral drones, you must be publicly shamed as part of a modern lynch mob. The reality is this, folks, editors as well as readers. We are all essentially equal humans. This is both a biological and a legal fact. White supremacy fueled domestic lynching, in direct defiance of the US Constitution. US supremacy today fuels international lynching, in direct defiance of US law, US public promises, and human law. We humans all have equal rights under human law. No exceptions. You make extrajudicial murder, international lynching, sound necessary, reasonable and laudable. You completely ignore, and thereby obliterate, the rule of law. There is a horror in your banal words that chills the blood. A small town Georgia newspaper, a hundred years ago, while burned bodies dangle in the trees, is nodding in recognition.
In response to lynching, the acceptance of the claims that lynching was necessary for our security fueled a banal acceptance of evil
Garland 05 David Garland, Professor, School of Law, New York University Law 26 Society Review, Volume 39, Number 4 (2005) Jstor In the early 1890s-nearly 30 years after Emancipation, 20 years after AND meanings and to identify the sensibilities and social relations that made them possible.
The acceptance of extra-judicial killing manifests itself in ongoing every day systemic violence
Exceptionalism is rooted in denial of death- that causes extinction because it demands casualties in order to create perceptions of American immortality. Our rejection of lynching is one that mourns those sacrificed for white necrophilia.
Peterson ’7 (Christopher, Lecturer @ University of Western Sidney, Kindred Specters: Death, Mourning, and American Affinity, pgs. 3-8) While this study accords with the claim that American culture disavows mortality, 1 do AND may be attained only as an exception" (67, his emphasis).
It is because of this historical exegesis that we rise in opposition to extra-judicial killing. Chris and I endorse judicial restrictions on the authority of the executive to lynch.
The historic lessons of those who opposed lynching provide direction to opposing extra judicial killing today
Sims 10 Angela Sims is Assistant Professor of Ethics and Black Church Studies at Saint Paul School of Theology in Kansas City, Missouri, Ethical Complications of Lynching: Ida B. Wells’s Interrogation of American Terror p. 95-6 The antidote that Wells articulated in Southern Horrors, her first publication on lynching, AND present another explanation of justice-motivated actions in an increasingly globalized society.
We do individually have our hands on the levers of power—it is our individual response that defines our ethics
Sims 10 Angela Sims is Assistant Professor of Ethics and Black Church Studies at Saint Paul School of Theology in Kansas City, Missouri, Ethical Complications of Lynching: Ida B. Wells’s Interrogation of American Terror p. 106 From Wells’s perspective, oppressed members should not only expect, they should demand that AND to ocean, a way will be found to make it so.23
In response to lynching white women in the south contributed to stopping lynching by declaring their opposition to lynching being done in their name
Pratt 13 Minnie Bruce Pratt is Professor of Writing and Women’s Studies at Syracuse University Feminist Theory Reader, Third Edition edited by Carole Mccann, Seung-kyung Kim p. 290 In my looking I also discovered a tradition of white Christian-raised women in AND world, we need to be saying: Not in my name. ...
We ask the judge in this debate to restrict the authority of the president to engage in lynching in your name. Your act of opposition is a restriction on authority
Williams 13 John Williams is Professor of International Relations Durham University in Just War: authority, tradition and practice. Lang, Anthony F., O’Driscoll, Cian 26 Williams, John C. Washington DC: Georgetown University Press. 63-80 As with any such mass demonstration, there was doubtless a great mixture of reasons AND political significance of challenging a standard idea of legitimate authority as sovereign authority.
The stance of removing our own authorization is essential to reclaim ethics
Williams 13 John Williams is Professor of International Relations Durham University in Just War: authority, tradition and practice. Lang, Anthony F., O’Driscoll, Cian 26 Williams, John C. Washington DC: Georgetown University Press. 63-80 LEGITIMATE AUTHORITY, THE STATE, AND SOVEREIGNTY C. A. J. Coady offers a relatively rare analysis of the way AND nor can it be outside political debate about which ethical frame to apply.
