Tournament: KCKCC | Round: 4 | Opponent: Concordia | Judge:
Plan
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, the opinion directly conflicts
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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
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allocation 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 law could not limit
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interpretation, which 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 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 has a circuit court
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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 war are
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panel opinion is likely to be widespread.
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 the
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ambiguous statutes in such a manner that they would not violate either international treaties.
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 near future, climate change cases in U.S.
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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
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a global leadership position on the issue and, thereby, more significantly shape the future of the international climate regime.
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
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percentage (97.2 based on self-ratings, 97.1 based on abstract ratings)
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. This can be broken into two parts
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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
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would release much of the 50 billion to 100 billion tons of carbon now trapped in permafrost.
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
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these points of hope is critical to motivate change.”
The impact strikes at the heart of minority rights – systematic discrimination means marginalized communities are less likely to survive global warming threating their unique culture – we have an obligation to these populations
Baird 08 (http://www.ohchr.org/Documents/Issues/ClimateChange/Submissions/Minority_Rights_Group_International.pdfAuthor: Rachel Baird (MRG) is a non-governmental organization (NGO) working to secure the rights of ethnic, religious and linguistic minorities worldwide, and to promote cooperation and understanding between communities.)
Climate change is just beginning to be articulated as a human rights issue – rather than a purely
responsibility for this than any other nation.
No ethical principle justifies the inequality of climate change – mitigation is the utmost ethical imperative because it is the only thing that address structural injustice
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 emerging field of "climate justice" is concerned with the intersection of race, poverty, and
less well-off militate in favor of distribution bending steeply in favor of the poor.
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
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social, cultural and political changes.
Our framing of warming overcomes public disbelief and mobilizes responses
Romm 12 (Joe Romm is a Fellow at American Progress and is the editor of Climate Progress, which New York Times columnist Tom Friedman called "the indispensable blog" and Time magazine named one of the 25 “Best Blogs of 2010.? In 2009, Rolling Stone put Romm #88 on its list of 100 “people who are reinventing America.” Time named him a “Hero of the Environment? and “The Web’s most influential climate-change blogger.” Romm was acting assistant secretary of energy for energy efficiency and renewable energy in 1997, where he oversaw $1 billion in RandD, demonstration, and deployment of low-carbon technology. He is a Senior Fellow at American Progress and holds a Ph.D. in physics from MIT., 2/26/2012, “Apocalypse Not: The Oscars, The Media And The Myth of ‘Constant Repetition of Doomsday Messages’ on Climate”, http://thinkprogress.org/romm/2012/02/26/432546/apocalypse-not-oscars-media-myth-of-repetition-of-doomsday-messages-on-climate/#more-432546)
The two greatest myths about global warming communications are 1) constant repetition of doomsday
this as a nonissue by most of the rest of the media, intelligentsia and popular culture.
Deliberative democracy through DEBATE is the CRUCIAL internal link to solving warming through public policy
Herbeck and Isham 10
http://www.thesolutionsjournal.com/node/775
Jon Isham
Associate Professor of Economics, Middlebury College In the fall of 1999, Jon joined the department of economics and the program in environmental studies at Middlebury College. Jon teaches classes in environmental economics, environmental policy, introductory microeconomics, social capital in Vermont, and global climate change. Jon is co-editing a new book, Ignition: The Birth of the Climate Movement; has co-edited Social Capital, Development, and the Environment (Edward Elgar Publications); has published articles (several forthcoming) in Economic Development and Cultural Change, The Journal of African Economies, The Nonprofit and Voluntary Sector Quarterly, The Quarterly Journal of Economics, Rural Sociology, Society and Natural Resources, The Southern Economic Journal, The Vermont Law Review, and the World Bank Economic Review; and has published book chapters in volumes from Ashgate Press, The New England University Press, Oxford University Press, and Cambridge University Press. His current research focuses on building the new climate movement; the demand for water among poor households in Cambodia; information asymmetries in low-income lending; and the effect of local social capital on environmental outcomes in Vermont.
Herbeck, member of the Rubenstein School of Environment and Natural Resources and the Honors College.
Getting to 350 parts per million CO2 in the atmosphere will require massive investments in clean-
including those on pressing issues related to climate change and clean energy.
Engagement with 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 public
barriers to behavioural/societal change to be removed.
No impact turns – liberal international institutions are inevitable even absent the plan – it’s only a question of their effectiveness – US key to create a sustainable model
Ikenberry 11
John, “The Future of the Liberal World Order” http://www.foreignaffairs.com/articles/67730/g-john-ikenberry/the-future-of-the-liberal-world-order May/June mtc
Some anxious observers argue that the world will not just look less American -- it will also look less liberal. Not only is the
to provide the benefits of security and prosperity that it has provided since the middle of the twentieth century
Plan causes grassroots movements
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
government is sensitive to this critique or not depends
The state is an inevitable and indispensable part of the solution to warming
Eckersley 4 Robyn, Reader/Associate Professor in the Department of Political Science at the University of Melbourne, “The Green State: Rethinking Democracy and Sovereignty”, MIT Press, 2004, Google Books, pp. 3-8
While acknowledging the basis for this antipathy toward the nation- state, and the limitations of state-centric analyses of global ecological
