Wednesday, November 26, 2008

WE EUROPEANS like to criticize the US (and Bush!) because they don't respect international law, unlike us.

Bullsh*t:
Many of President-elect Barack Obama's supporters hope he will scrap the Bush administration's skeptical attitude toward international law and take a more European approach. This is presumably to bring us in line with what these supporters regard as more enlightened practices abroad.

In fact, Europe's commitment to international law is largely rhetorical. Like the Bush administration, Europeans obey international law when it advances their interests and discard it when it does not.

Consider the case of Yassin Abdullah Kadi and the al Barakaat International Foundation. A United Nations Security Council resolution has ordered nations to freeze the assets of Mr. Kadi, a resident of Saudi Arabia, and the foundation, and to take other sanctions against those suspected of financing al Qaeda and related organizations.

On Sept. 3, the European Court of Justice ruled that the Security Council resolution was invalid. The duty to comply with the U.N. Charter, it declared, "cannot have the effect of prejudicing [regional] constitutional principles." In doing so, the ECJ followed its advocate general's argument that "international law can permeate [the European Community] legal order only under the conditions set by the constitutional principles of the Community."

In other words, European countries must disregard the U.N. Charter -- the most fundamental treaty in our modern international legal system -- when it conflicts with European constitutional order.
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