Archive for the 'International Law' Category

Bleg on U.N. extreme interpretations of treaties, and of extreme interpretations of Americans with Disabilities Act

Posted by on Dec 05 2012 | International Law, Treaties

Earlier this week, the Senate rejected the proposed  U.N. Convention on the Rights of Persons with Disabilities. Among the reasons for the rejection was fear that, even if the Convention’s language itself was acceptable, the future interpretation of the Convention would be in the hands of a U.N. bureaucracy, which might invent novel or excessive interpretations. Therefore, I respectfully request commenters to describe previous situations in which a UN body has, in the commenter’s view, made an inappropriate interpretation or application of a Convention of Treaty.

And since the CRPD was modeled, in part on the U.S. Americans with Disabilities Act, commenters are also welcome to point out some of what they consider to be the most extreme, inappropriate, or unexpected applications and interpretations of the ADA itself.

 

 

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First item of new post-election “flexibility”: U.N. gun control

Posted by on Nov 07 2012 | guns, International Law, obama, Treaties

As reported by the Second Amendment Foundation, this morning the Obama administration joined a U.N. majority which called for convening a new conference to create a global Arms Trade Treaty.

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Arms Trade Treaty conference ends without agreement

Posted by on Jul 27 2012 | Genocide, Global Governance/World Government, guns, International Human Rights Law, International Law

The weeks-long conference at the United Nations to produce an Arms Trade Treaty is ending without the creation of a treaty. None of the draft treaties which have circulated in the past several days came remotely close to finding consensus support.

The impossibility of achieving consensus involved a wide variety of issues and nations, far beyond the Second Amendment concerns that have been raised by many American citizens.

The 2001 UN Programme of Action on Small Arms remains in effect. Over the last two decades, a large gun control infrastructure has grown up in the United Nations, not only in the headquarters building, but also within many of the UN various commissions and departments. Likewise, there are a significant number of NGOs which have a strong commitment to global gun control, and to using international law and the UN to solve what they consider to be the problem of excessive gun ownership in the United States. The NGOs and their UN allies have successfully used the 2001 PoA to sharply restrict gun ownership in some parts of the world, and they would have used the ATT  for the same purpose. That they did not succeed in creating an ATT may be very disappointing to them; they are not going to go away, or relent in the pursuit of their objectives.

But in their pursuit, they are not going to have the new weapon of an ATT. This is good news for human rights worldwide, especially for the fundamental human right of self-defense against violent criminals, and against violent criminal tyrannical governments.

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Debate on Libya and the War Powers Act

Posted by on Jun 08 2011 | Constitutional Law, Global Governance/World Government, International Human Rights Law, International Law, libya, Russia, War Powers Act

(David Kopel)

Featuring British NGO representative Leslie Vinjamuri (pro-intervention, sees no legal problem), American peace activist Robert Naiman (anti-intervention, considers the intervention unconstitutional), and me (pro-intervention, but opposed to Obama doing it in violation of the Constitution and the War Powers Act). On the RT (formerly, “Russia Today”) television program “Crosstalk.” 27 minutes.


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The Libyan intervention is not wholly legal

Posted by on Apr 18 2011 | Constitutional Law, International Law

(David Kopel)

That’s my argument in a new article for The Daily Caller. As I’ve previously explained, I strongly support the use of force against the Gaddafi tyranny. Indeed, I wish that President Obama were not so half-hearted in taking action to remove Gaddafi. However, the war against the Libyan dictator still needs to be voted on by Congress, just as President Jefferson asked Congress for permission regarding the First Barbary War.


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Ecstatic crowds in Libya celebrating imminent use of U.S. military force against Gaddafi

Posted by on Mar 17 2011 | Genocide, International Human Rights Law, International Law

(David Kopel)

U.N. Security Council Resolution passes 10–0. Live feed from Benghazi on Al Jazeera English. The Resolution authorizes “all necessary measures” except military occupation of Libya. By my reading, the authorization includes destruction of Gaddafi’s anti-aircraft defenses, and of his air force and its mercenary pilots. As President Reagan once said, “We begin bombing in five minutes.” I hope.

UPDATE: Wall Street Journal reports that Egyptian army is shipping arms to the Libyan “rebels.” Which is to say, to the legitimate government of Libya. As the Declaration of Independence affirms, the only legitimate governments are those founded on the consent of the governed. Accordingly, the Gaddafi gang was never a legitimate government, merely a large gang of criminals who controlled a big territory. The French government’s diplomatic recognition of the legitimate Libyan government reflects this fact. @liamstack reports that France says it will be ready within hours to fly over Libya. @lilianwagdy says that Libyans in France are chanting “Zanga Zanga, Dar Dar, We will get you Muamar!” Vive la France! Vive Sarkozy! Vive les droits de l’homme!


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Text of U.N. Security Council draft resolution on Libya

Posted by on Mar 17 2011 | Genocide, International Human Rights Law, International Law

(David Kopel)

Right here, provided by the Inner City Press, which has long been the best English-language media covering the United Nations. The resolution authorizes member states–acting either through regional organizations or nationally–to “take all necessary measures” to establish a no-fly zone over Libya. It further authorizes the member states to enforce the arms embargo against Libya by interdicting ships on the high seas. The resolution forbids the establishment of an occupation force. A vote is set for 6 p.m. Eastern Time. On Twitter, @SultanAlQassemi writes that according Al Arabiya’s UN correspondent, China, Russia, and South Africa (in other words, the pro-dictator caucus on the Security Council) and two other countries will abstain.


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The UN’s “Programme of Action” on Small Arms

Posted by on Jul 20 2010 | guns, International Law

(David Kopel)

Here’s a short new paper, written by the Heritage Foundation’s Theodore Bromund and me: As the U.N.’s Arms Trade Treaty Process Begins, U.N.’s “Programme of Action” on Small Arms Shows Its Dangers.


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President Calderon’s claim about “assault weapons”

Posted by on May 21 2010 | guns, International Law

(David Kopel)

Examined in this blog post by my Heritage Foundation co-author Ted Bromund.

Our Background about the CIFTA gun control convention, which President Obama has urged Congress to ratify as a favor to Mexico, is here.


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The OAS Firearms Convention Is Incompatible with American Liberties

Posted by on May 19 2010 | Freedom of Speech, guns, International Law, Registration, Regulation

(David Kopel)

Just published on-line this morning is the above Backgrounder from the Heritage Foundation. My coauthors are Theodore Bromund  and Ray Walser, of Heritage. We argue that the CIFTA gun control convention, which was drafted by the Organization of American States, and which President Obama has urged the Senate to ratify, would harm First and Second Amendment rights. We suggest that the convention offers no practical benefits to the United States.


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