Robb-Mapes Aff

IF YOU LOOK AT THE HILLS-MAPES Wiki you'll have a better IDEA OF ALL ARGUMENTS 

==CEDA 1AC==

===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,

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on the MCA but rather should be informed by the laws of war.

====it~’s legally binding====

**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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of the foreign relations power to the national government in the first place."

====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

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, 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-

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of command structure limit from the President~’s detention authority. (173) ¶

====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

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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-%E2%80%93-a-rejoinder-to-al-bihani/

  The post-Boumediene habeas litigation has raised concerns regarding whether the courts are

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) 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

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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-a6a8c7060233%26lng=en%26id=112282

The significance of this appellate ruling extends beyond one specific case of a Yemeni petitioner

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.S. as a power given to opportunistic treatment of international standards.

====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

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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,

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the ICCPR and is therefore bound by these agreed-upon international obligations.

====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

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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.

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, 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

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¶ 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 warming of the climate system is now accepted to be "unequivocal" and "very likely" due to the observed increase in atmospheric concentrations of carbon dioxide (CO2 ) and other greenhouse gases (GHG) (IPCC 2007). In addition to the need for aggressive action to reduce fossil fuel consumption – the largest contributor to increases in GHGs in the atmosphere – a range of complementary activities can help to mitigate climate change by reducing emissions or sources of these gases, and/or increasing the sinks that remove these gases from the atmosphere. Afforestation, or the planting of trees on previously non-forested lands, is one means of reducing atmospheric CO2 levels and mitigating climate change. Trees function as relatively cost-effective biological carbon (C) sinks, removing CO2 from the atmosphere through the process of photosynthesis, and converting this atmospheric form of C into plant biomass. Carbon sequestration in biomass is one of many benefits of planting trees; others include maintaining ecosystem resilience by protecting ground and surface water quality and quantity, controlling erosion, and creating wildlife habitat, as well as economic and recreational benefits (Freedman and Keith 1998).====

====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. Parties

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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

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heightened environmental awareness, the Montreal Protocol entered its own moment of uncertainty.

====The Montreal Protocol~’s phaseout of HFC~’s and HCFC~’s 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/Benefits%20of%20Addressing%20HFCs%20Under%20the%20Montreal%20Protocol,%20June%202012.pdf

The Montreal Protocol has been an unparalleled environmental success story. It is the only

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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

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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

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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

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, 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

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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

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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====

Romm 12 – PhD in Physics @ MIT

Joe, "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/~~%23more-432546

The two greatest myths about global warming communications are 1) constant repetition of doomsday

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by most of the rest of the media, intelligentsia and popular culture.

**====Institutions key to solve warming—individual action fails and trades off====**

**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 %26  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 %26 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

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they would like structural barriers to behavioural/societal change to be removed.