LegalPolitics

cheap prescription drugs without prescription alt=”" width=”238″ height=”253″ />A Dutch lower court decided yesterday (decision in Dutch here) that the Dutch government basically went too far in implementing a resolution of the United Nations Security Council. As governments are more and more taking measures against individuals on the basis of  Security Council resolutions that are binding under international law, this case is another piece of practice that is worth examining. Since the Kadi-cases in which the question was to what extent national courts and international courts could review Security Council resolutions, every bit of practice is crucial. Resolutions can and must indeed be held against, most often, human rights law.

The case in the Dutch lower court revolved around resolution 1737 (2006) regarding non-proliferation and Iran. The crucial paragraphs reads as follows:

“17. Calls upon all States to exercise vigilance and prevent specialized teaching or training of Iranian nationals, within their territories or by their nationals, of disciplines which would contribute to Iran’s proliferation sensitive nuclear activities and development of nuclear weapon delivery systems;”

The Netherlands had implemented this paragraph through a piece of legislation, based on a EU Council Joint Position that in effect banned Iranian nationals from acquiring any knowledge of nuclear technology through education or employment at or access to certain facilities. The court first argued that despite the fact that Security Council resolutions are of a higher order (by virtue of Article 103 UN Charter), nothing prevents the Court from setting these off against other international obligations, including human rights obligations. In this case, the Court found Article 26 ICCPR (anti-discrimination) to be a relevant test. Secondly, the Court argued interestingly that the wording of the quoted paragraph of the resolution, as well as the EU Council Joint Position, gave the State sufficient room to manouver when implementing the resolution. When tested against the strict requirements of Article 26 ICCPR for any discriminatory actions inherent in the provision – legitimacy, effectiveness, proportionality – the State failed with respect to the effectiveness of the measure as well as the proprtionality of it. The provision was too broad as it swept up all Iranian nationals as a group, without differentiating between persons. The measure was disproportionate according to the Court because less intrusive measures are available, as are used in France and Denmark. The Court therefore considered the entire legislation to be contrary to Article 26 ICCPR, and set it aside in its entirety.

Again, the Dutch government was scolded for trying to be the most law-abiding citizen of them all, or just lazy in drafting the measure. It is true that the Court demands a greater effort on the part of the State to implement the resolution by looking at the individual instead of merely the nationality of that person, but when it comes to discrimination, such an effort is justified.

Book Review: The Last Campaign: Robert F. Kennedy and 82 Days That Inspired America by Thurston Clarke

Next to John F. Kennedy, one cannot pass on the tragic figure of his brother. Great insight into grassroots campaigning, RFK’s principles and positions, the US in 1968, and the tragedy of his death. For someone who wasn’t born yet at the time of his death or shares all of his views, still heartbreaking, and yet inspiring. Barack Obama seems to me to be a combination of JFK and RFK. The cool and attractive demeanor of JFK and the policies and intellectual verocity of RFK.

The tough confrontation that RKF had with the realities of the everyday struggles of the average person as well as of the downtrotten one can easily imagine. However, the fact that the confrontation was hard is the precise reason that most of us would shy away from it. In elections, aspiring politicians often talk about the poor, criminal and disenfranchised to other persons than the poor, criminal and disenfranchised themselves. Often, when these aspiring politicians have RFK like tough confrontations, they are often forced to either reconsider buy rx drugs without prescription their positions, be strengthened in their convictions, or reflect on their own principles and beliefs. From this book, one get the feeling that RFK was shaken to his core, but only strengthened his resolve to find solutions to the problems he encountered. Whatever the outcome of that search, the politician is better for it, and the public too hopefully.

Wow, I am not sure what all that means…. but this book is a great inspiration to all, in particular those who have not ‘experienced’ RFK.

Book Review: Sounding the Trumpet: The Making of John F. Kennedy’s Inaugural Address by Richard J. Viagra Without Prescription Tofel

Did I mention I am a student of John F. Kennedy? Not sure if I am a hero-worshipper, a fan or just an admirer open to critical reviews of JFK. I hope the latter, and that someday I may write a thorough review of JFK’s policies, or more concrete his attitudes towards international law. If anything, I will have a nice collection of books.

So how about this book? I liked it, but it seemed thinly researched, clearly biased (but than, so am I) and could be written much better. Nevertheless, it gives an interesting insight into how speeches are written and, of course, the personalities involved. In general, some non-fiction books often seemed to aim for entertainment rather than to inform. The really great book will aim for and succeed at both.

Anyway, I look forward to the other book on this subject, ‘Ask not’ by Thurston Clarke, on the same subject. Getting the hard copy, not the e-book…

buy drugs alt=”" />Book Review: Vienna, 1814: How the Conquerors of Napoleon Made Love, War, and Peace at the Congress of Vienna by David King

This book I read as part of a wider look into collective security, with the Concert of Europe of the 19th century as the first example. It is a very entertaining book, although not all that informative regarding the resulting Concert of Europe. Could be used for background when researching the Concert of Europe. After all, the personalities of the individuals involved often determine the outcome of meetings… Did people fall in love harder than they do now? Poor Metternich, or were people just overly dramatic?

Although I have been a fan of biographies for a long time, this is one of the first books that really convinced me about the power of personalities in the outcomes of international conflicts. Silly me for not finding out sooner.

Reconceptualising this blog in attempt # 2845 amidst social media revolutions. They tell me e-mail is out, blogs are out, and twitter, facebook etc are what’s happening, so I joined. Forgot that I have this dormant blog, supposedly on international law and politics while not deciding on whether to use English or Dutch. So when come May 1, my collaboration with former colleagues and former students will commence in Dutch at vitoriainstituut.nl, and a blog through socialmedia technology (I hope).

What to do with this blog? They tell me that it is almost a mathematical formula: the more content, the more chance of traffic. Create content? About what? I can’t issue a legal brief every day or week!? How about turning to the most simple formula for that: describing and complaining about everyday life? Hey, I am onto something there. I read books all the time (not all about international law… please), already publish brief comments on my LinkedIn readinglist, courtesy of Amazon. Why not also do that on this blog for starters? We’ll start with some old comments…. Will you out there (HELLO!!??) read them. Who cares? Watching Viagra this documentary tonight, I remembered that for many it is just for fun, or getting stuff off your chest and so on. In that sense, it may just avert a heartattack, mitigate the ever looming midlife crisis and make me numb vis a vis my lack in career perspectives. Fun and the freedom of the Internet may be all that I have left, in order to keep the illusion of being heard. So here goes.