Jack Goldsmith
former US attorney general 03-04. Paper from 1998
24 Matching Annotations
- Mar 2024
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docdrop.org docdrop.org
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acts
to the right of this section, good point= "this law persists because of the mutual advantage it brings...." Law of diplomatic immunity has been known to help nations form close relations (it makes effective diplomatic exchange possible) but in this case, because enforcing int'l law is not mutually beneficial, it is not helpful.
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international human rights law ‘would be even less efcaious than i already is, And there would be no United States enforcement if the United States were itself subject to the same potential sanctions it im- poses on others.
US has to have this double standard or else they could not the enforcer of int'l law
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designed for mations with domestic institutions thae do not bold the promise for generating adequate human rights protections.
explaining why the US does not have to follow these laws
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rna- sional human rights law because it can. Like other nations, the United States wants the benefcs from an international human rights regime with as lide disruption as possible co its domestic political order. Unlike most other rations, the United States’ paramount ‘economic and military power, combined with its dominance of international inssicuions, ‘means that it is largely immune from boeh formal internagional sanctions and the variexy of less formal, lower-level sanctions.
why the US can ignore int'l law and sort of have a double standard
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do no
fifth principle to American resistance of int'l human rights norms: the US excludes themselves from the treaty, so it's "not applicable to them"
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sm unde
fourth principle to American resistance of int'l human rights norms: does not want to alter balance between federal government and states
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bmit
third principle to American resistance of int'l human rights norms: does not want to ask the judicial branch for their opinion
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me an
second principle to American resistance of int'l human rights norms: they don't support int'l law that changes the domestic laws they have in place
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n obl
first principle to American resistance of int'l human rights norms: US refuses to supports thing that contradict our constitution
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the world to ‘embrace international human tights standards, And more than other nations, it uses military. ‘and economic leverage to force compliance with these standards,
double standard on behalf of the US
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h contro- ‘versal, i important tothe efficacy of interna tional human rights law, for i¢ purports co impose obligations on nations that have not fully embraced human cights treaties.
customary int'l law is important because it acts as an enforcer of int'l law o EVERY nation
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- Feb 2024
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docdrop.org docdrop.orgUntitled9
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he larger problem, however, is a fundamental misunderstanding about what makes for a sustained peace.
primary reason for failure
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The good news is that there is a way to rethink the current strategy so that it has a better shot at establish- ing lasting peace: rely more on the very people it is ostensibly trying to protect.
answer to fixing the UN peacekeeping approach
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But the island’s residents, including the poorest and least powerful, have set up various grass-roots organizations—religious networks, women’s associations, youth groups, and so on—to help resolve disputes.
UN should address the problem locally first then globally
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The main consequence is too few people on the ground, which makes it difficult for the UN to even scratch the surface of its mandates.
UN can't do much because they don't have enough bodies
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Brahimi report
made UN peacekeeping more effective
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In 1948, the uN’s mediator in Palestine asked for a small group of UN guards to monitor the truce between Israel and its Arab neighbors, an ad hoc mission that marked the birth of peacekeeping.
birth of peacekeeping=presiding over Israel and Arab nations
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UN peacekeepers too often fail to meet their most basic objec- tives.
they actually don't help end conflicts for the most part
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UN peacekeepers make up the second-largest mili- tary force deployed abroad, after the U.S. military.
woww
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Séverine Autesserre
French-American author and researcher
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docdrop.org docdrop.orgUntitled2
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“the introduction of unmanned systems to the bat- tlefield doesn’t change simply how we fight, but for the first time changes who fights at the most fundamental level.
introduction of new war tools so we must change laws in accordance
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war is jus- tified only when certain conditions were met: if it is waged as a last resort or in self-defense; if the force used is proportional; and if, whenever possible, civilians are spared from violence.’
very hypocritical of the US to emphasize what just war is only to make exceptions for themselves
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- Oct 2023
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www.theguardian.com www.theguardian.com
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In the climate crisis, every fraction of a degree matters
so real!!
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