Tournament: UMKC | Round: 1 | Opponent: KSU KM | Judge: Weiner, Sarah

Contention 1—-Inherency—

In Al-Bihani v. Obama a D.C. circuit panel removed a judicial restriction on the war powers authority of the President in the area of indefinite detention a case that has an appeal the Supreme Court could choose to accept

Denniston 11
Lyle Denniston, New try on Guantanamo detention, SCOTUSblog (May. 18, 2011, 9:29 PM), http://www.scotusblog.com/2011/05/new-try-on-guantanamo-detention/
One of the more controversial … the Authorization for Use of Military Force.

In a 2-1 decision 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. … be informed by the laws of war. 

The Al-Bihani panel decision has legally binding effect unless explicitly 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 …national government in the first place." 

Despite an 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 ¶ ¶ … Al-Bihani has had a significant impact.

The Supreme Court needs to provide clear guidelines on the application of 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
¶ ¶  RECOMMENDATIONS ¶ ¶ The Supreme Court should review … Guantanamo detainees are at stake. (215) ¶ 

Plan

Hence The Plan: The United States Supreme Court should rule and the federal judiciary should affirm through application of the Charming Betsy canon that treaties ratified by the United States are restrictions on the war power authority of the president in the area of indefinite detention.

The Advantage  is Judicial Treaty Abrogation

The Al-Bihani decision reversed the Charming Betsy doctrine and sent a unique judicial signal of treaty abrogation

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 has a circuit court judge … consistent with international law or not" n129 are dangerous. 

The Charming Betsy is a vital method of treaty interpretation that prevents the judiciary from abrogating treaties

Alstine 05
MICHAEL P. VAN ALSTINE*¶ Professor of Law, University of Maryland School of Law¶ The Death of Good Faith in Treaty Jurisprudence and a Call for Resurrection¶ http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=100626context=fac_pubs
¶ The liberal interpretation canon operates in these situations … canon before it fell into desuetude in the modern Supreme Court.

Al-Bihani sends 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 … outlining executive detention authority in this or any other armed conflict.¶ 

Al-Bihani destroys U.S. treaty credibility

Tarnogorski 10
Rafa? Tarnogórski is an analyst for the Polish Institute of International Affairs
USA and Laws of War (Al-Bihani v. Obama)
http://www.isn.ethz.ch/Digital-Library/Publications/Detail/?ots591=0c54e3b3-1e9c-be1e-2c24-a6a8c706023326lng=en26id=112282
The significance of this appellate ruling extends beyond … power given to opportunistic treatment of international¶ standards.

If not explicitly reversed the D.C. circuit ruling will have widespread effect leading to judicial treaty breaches in other areas 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 war are already influencing lower court holdings. See, e.g., Anam v.¶ Obama, No. 04-1194, 2010 WL 58965, at *3 n.1, 4 (D.D.C. Jan. 6, 2010)¶ (describing, albeit incorrectly, the panel’s conclusion regarding the President’s¶ detention authority). Indeed, District Judges have requested further briefing on the¶ ramifications of the panel opinion. See, e.g., Order, Al-Adahi v. Obama, No. 05-¶ 280 (D.D.C. Jan. 6, 2010). The panel opinion’s impact extends even beyond¶ Guantanamo habeas cases. See Al-Zahrani v. Rumsfeld, No. 09-0028, 2010 WL 535136, at *10 n.8 (D.D.C. Feb. 16, 2010) (relying on the panel opinion’s law-of war¶ statements in an Alien Tort Statute case, notwithstanding that statute’s explicit¶ reference to international law). Left uncorrected, the damage caused by the panel¶ opinion is likely to be widespread.

Judicial treaty abrogations lead to backlash against the U.S.

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
¶ Putting aside the domestic status of non-self-executing treaties, there¶ remains an important normative justification for employing the Charming Betsy¶ canon with a treaty without … between them.¶ 

Breakdown of the multilateral treaty compliance system risks nuclear escalation, great power war, and the collapse of arms control

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-http://cns.miis.edu/npr/pdfs/72muell.pdf
Great Power Cooperation
A third very crucial condition is a sufficient commonality … when it is challenged by deviant behavior.

The impact is extinction

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-http://cns.miis.edu/npr/pdfs/72muell.pdf
In this author’s view,3 at least four distinct missions … 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 … is therefore bound by these agreed-upon international obligations.

Judicial breaches will collapse the regime of existing treaties

Koplow 13
David A. Koplow is Professor of Law and Director of the Center for Applied Legal Studies ¶ at Georgetown University Law Center, Indisputable Violations: ¶ What Happens When the ¶ United States Unambiguously ¶ Breaches a Treaty? http://www.fletcherforum.org/wp-content/uploads/2013/02/Koplow_37-1.pdf-http://www.fletcherforum.org/wp-content/uploads/2013/02/Koplow_37-1.pdf
But that persistent flouting undermines the treaties—… U.S. interests to disregard those mechanisms.

Courts are the key to treaty enforcement

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-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 … for the state itself to determine.

The Montreal Protocol faces a new enforcement crisis if it is to continue to be effective

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 prepared to effectively address smuggling.

Only maintaining effective treaty cooperation can prevent extinction

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/-http://www.e-ir.info/2013/01/29/whatever-happened-to-ozone-layer-politics/
The Montreal Protocol on Substances that Depletes the Ozone Layer … the Montreal Protocol entered its own moment of uncertainty.

Tournament: UTD | Round: 3 | Opponent: Houston JJ | Judge: Collin Roark
The United States Federal Judiciary should reverse Al-Bihani and affirm through application of the Charming Betsy canon that treaties ratified by the United States are restrictions on the war power authority of the president.

Tournament: UNT | Round: 2 | Opponent: Texas KS | Judge: James Taylor

Plan

The United States Federal Judiciary should reverse Al-Bihani and affirm through application of the Charming Betsy canon that treaties ratified by the United States are restrictions on the war power authority of the president.

Contention 1: 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, the opinion directly conflicts with the opinion in Hamdi.
And
detention authority should not be based 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
exclusive allocation 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 proposal arguing that states should be able to opt out of customary international law at will.
And
I fear that the Default View has the potential for weakening the already fragile protections in the 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
Ashcroft-Smith 11
 Clifford Ashcroft-Smith, Attorney and Founding Partner of the law firm Ashcroft-Smith¶ What is the Customary Law of War or Does that Even Matter?¶ http://www.americanbar.org/content/dam/aba/publications/national_security_law_report/volume32_number3.authcheckdam.pdf-http://www.americanbar.org/content/dam/aba/publications/national_security_law_report/volume32_number3.authcheckdam.pdf
Since Al-Bihani, this area of law has become ¶ more confusing.
And
In this area of conflict ¶ regulation, with the Nation’s security at risk, ¶ these critical issues must be resolved in such ¶ a way to establish guidelines that can be effectively and efficiently translated into an operational framework for those on the front lines ¶ striving to preserve our national security.
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 panels.2
And
Later panels steadfastly adhere to this prior panel¶ precedent rule by frequently citing their disagreement with a previous panel’s 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-http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf
3. The panel’s broad and inaccurate pronouncements on the applicability of the laws of war are already influencing lower court holdings.
And
Left uncorrected, 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-Bihani have and will continue to have a significant effect on the status of habeas petitions.
And
 (172) The court in Bensayah followed the same reasoning as Awad in upholding the removal 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 is straightforward: the¶ earliest decision controls.
And
The earliest-decided rule is¶ considered an extension of 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 law could not limit the President’s power to detain Al-Bihani.163
And
Instead, the majority adopted the Government’s previous, more permissive AUMF interpretation, which 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 equipped to determine the substantive and procedural rules governing preventive detention pursuant to the Authorization for the Use of Military Force of 18 September 2001 (AUMF). Before the January 5th D.C. Circuit panel opinion in Al-Bihani v. Obama, no court had questioned the relevance of international laws governing war to the issue.   
And
More precisely, a "preventive detention act" would not relieve the courts of their Charming Betsy requirement to look to relevant international law when interpreting both the AUMF and any new law(s) 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 has a circuit court judge been defiant of well-known Supreme Court precedent and the rule of law.
And
Our future responses to those who attack our 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
Tarnogorski 10
Rafa? Tarnogórski is an analyst for the Polish Institute of International Affairs
USA and Laws of War (Al-Bihani v. Obama)
http://www.isn.ethz.ch/Digital-Library/Publications/Detail/?ots591=0c54e3b3-1e9c-be1e-2c24-a6a8c706023326lng=en26id=112282
The significance of this appellate ruling extends beyond one specific case of a Yemeni petitioner kept in detention.
And
This judgment is without prejudice to the binding power of international humanitarian law, yet it effectively restricts the application of international public law and contributes to cementing a negative image of the U.S. as a power given to opportunistic treatment of international standards.
Judicial treaty abrogations lead to backlash against the U.S.
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
¶ Putting aside the domestic status of non-self-executing treaties, there¶ remains an important normative justification for employing the Charming Betsy¶ canon with a treaty without regard for its self-executing status.
And
Given that the distinction¶ between self- and non-self-executing treaties should be immaterial in¶ evaluating the usefulness of the Charming Betsy canon, the remainder of this¶ Part does not distinguish between them.¶
Breakdown of the multilateral treaty compliance system risks nuclear escalation, great power war, and the collapse of arms control
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-http://cns.miis.edu/npr/pdfs/72muell.pdf
Great Power Cooperation
A third very crucial condition is a sufficient commonality of interest and commitment among the major powers with regard to both the treaty in general and the compliance issue in question in particular.
And
Because of the particular importance of major powers within that community—the presumption of legal equality notwithstanding—antagonisms among them are particularly likely to sunder that community and prevent it from maintaining and strengthening the treaty when it is challenged by deviant behavior.
The impact is extinction
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-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 it exists today—constructing barriers against a degeneration of this competition into major violence remains a pivotal task of global security policy.
And
Despite the reasons given above for the continuing utility of arms control, the skeptics may still have the last word if agreements are made empty shells by repeated breaches and a lack of effective enforcement.
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-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 the  emergence of a rich transnational judicial dialogue among the world’s common law courts.
And
 1 United States courts have applied the Charming Betsy canon to  construe ambiguous 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, even if the Constitution does not apply to them.
And
Amici maintain that the United States ratified the ICCPR and is therefore bound by these agreed-upon international obligations.
Judicial breaches will collapse the regime of existing treaties
Koplow 13
David A. Koplow is Professor of Law and Director of the Center for Applied Legal Studies ¶ at Georgetown University Law Center, Indisputable Violations: ¶ What Happens When the ¶ United States Unambiguously ¶ Breaches a Treaty? http://www.fletcherforum.org/wp-content/uploads/2013/02/Koplow_37-1.pdf-http://www.fletcherforum.org/wp-content/uploads/2013/02/Koplow_37-1.pdf
But that persistent flouting undermines the treaties—and by extension, it jeopardizes the entire fabric of international law.
And
The CWC implementation bodies, the International Court of Justice, and even the UN ¶ General Assembly and Security Council are unable to effectively do much ¶ to sanction or penalize the mighty United States, but it is still terrible for ¶ U.S. interests to disregard those mechanisms.
Courts are the key to treaty enforcement
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-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 of international tribunals, questions involving the application of conventional international law and the decisions of international tribunals by national courts have assumed great practical importance.1
And
How a state fulfills its international legal obligations is a matter for the state itself to determine.
The Montreal Protocol faces a new enforcement crisis if it is to continue to be effective
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.
And
Although the rapid globalization of ¶ trade and the advent of the Internet have created additional enforcement challenges, the pillars of an effective ¶ enforcement program remain the same. Now it is more important than ever that enforcement officers are trained ¶ and prepared to effectively address smuggling.
Only maintaining effective treaty cooperation can prevent extinction
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/-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 the most successful global environmental agreement ever created.
And
Ironically, at such a moment of heightened environmental awareness, the Montreal Protocol entered its own moment of uncertainty.