[quote]Bismark wrote:
[quote]usmccds423 wrote:
[quote]Bismark wrote:
[quote]pat wrote:
[quote]Bismark wrote:
[quote]pat wrote:
Oh no it’s not a treaty, it’s an agreement. Ridiculous.[/quote]
The JCOPA is not a treaty under American or international law, but what’s known as an international political agreement. The charge that the JCPOA is unconstitutional is inaccurate, as the administration does not claim that the Iran Deal itself is binding under international law, and such non-binding deals needn’t receive Senate consent. By the way, the President ratifies and proclaims treaties, not the Senate. And no, that isn’t pedantic.
Even if the Iran Deal itself were an international obligation, it is not true that “significant international obligations have always been established through treaties, which require Senate consent by a two-thirds majority.” See, e.g., SALT I, NAFTA, most other free trade agreements, the Algiers Accords, and most Chapter VII Security Council Resolutions. These are examples of executive agreements. In addition to “treaties”, the president has the power to make other international agreements: (1) on the basis of congressional authorization; (2) on the basis of his own foreign relations power; or (3) on the basis of authority contained in an earlier treaty made pursuant to Article II. These agreements are also considered to be federal law, and enjoy legal parity with a “treaty” that has been ratified. The administration isn’t even claiming the JCPOA is an executive agreement.
The administration did use the JCPOA as a basis for a UN Security Council Resolution that is in part binding under international law. But as John Bellinger explained, the Iran Resolution does not appear to obligate the United States under international law to lift domestic US sanctions, and thus does not tie Congress’s hands as a matter of international law. Congress has expressly approved this practice, which has been employed since the 1940s. (See especially 22 USC 287 and 22 USC 287a.)
Some complain about the president’s ability to vote in favor of any UN Security Council Resolution that would impose binding obligations on the United States, included related to sanctions, without Senate consent. This is a power long exercised by the President under Article II and pursuant to authority conferred by Congress. See the following:
As for the Iran Review Act, all it did was delay the President’s ability to waive domestic sanctions. Congress is effectively powerless to stop the Iran deal. The main cause of Congress’s lack of leverage on the Iran deal is the pre-existing congressional sanctions regime that gave the president discretion to waive or lift the sanctions under certain circumstances. If Congress had not delegated to the president authority to lift the sanctions, the president could not lift them now, either directly or via an international agreement. See the following:
In sum, the shrill cries of “this deal is unconstitutional” don’t have a leg to stand on under US and international law.[/quote]
Yawn. It’s political double talk, nothing more. Sematics used in order to avoid as much congressional scrutiny as possible.[/quote]
To be perfectly blunt, you and Angry (and anyone else who read your posts and agreed) know fuck all about international law. One sure mark of a fool is the practice of confirmation bias - that is, to search for, interpret, favor, and recall information in a way that confirms one’s beliefs or hypotheses and to ignore any evidence to the contrary. You in particular aren’t even engaging in that practice. You’re arguing just to argue (without providing a shred of evidence to boot) about a subject you don’t know an iota about. This is you and your ilk’s modus operandi in any international relations discussion that PWI gives rise to. And to be perfectly clear, I’m not insulting your intelligence (or anyone else’s in this thread), but illuminating your complete lack of intellectual honesty. [/quote]
Dude, all you know about international law is what you’ve read in book or been told to believe by some professor.
Maybe get off you high horse and spend some time in the real world. [/quote]
Last time I checked, no one in this thread is a lawyer specializing in international public law. I have but an introductory understanding of public international law (and haven’t claimed otherwise), which is more than I can say for anyone else who has denied the legality of the deal. At least I’m making a legal argument unlike Pat’s childish denials of established and irrefutable fact. Like all legal studies, int’l law isn’t exactly a subject that lends itself to intuition or autodidacticism, so I don’t know why anyone would take issue with reading the literature, instruction, or both, especially when the professor in my case was a former State Department lawyer with a thorough understanding of both the theory and practice of international law. He taught me how to think much more than he taught me what to think. You seem to harbor unfounded animosity toward the academy.
Now, do you actually take issue with my legal reasoning? Or is your problem with my outrageous demand that others incorporate sources of international law (as I did) into their arguments? [/quote]
The only issue I take with your posts is the fact that you portray yourself as an authority on international issues on PWI when you’ve done nothing except read some books and heard some lectures.
The world isn’t black and white as you often suggest.
You’re a smart guy, but you have that academic arrogance about you and no, I don’t have anything against academia.