Re:Canada has arrested Huawei’s global chief financial offic...
by Nasrudith on Thursday December 06, 2018 @08:15AM
(#18617716)
Not to go Godwin but a lot of massacres were also wrong on moral not legal grounds. When it comes down to that non-defense things get even uglier very quickly as it turns to "there is no law here against heading there and breaking your face". Even if they thought it was firmly in their domain.
"Their word is law." is a primitive framework but it expresses that enforcement backs laws.
Re:Canada has arrested Huawei’s global chief financial offic...
by azernik on Friday December 07, 2018 @05:50PM
(#18632433)
From that link, it is not a treaty in US law. The article uses the blanket term "treaty-related law", but the Iran agreement falls under the "Executive agreement" category. This is in part a long-standing presidential workaround for the similarly-long-standing Congressional unwillingness to bind the US to treaties. But it does come with a bit of deception of foreign partners, because it does not bind the US in the same way that treaties bind other countries under their own domestic law. One of many ways in which the US system is a bit dysfunctional.
U.S. treaties are not permanent, and while the statement as ratified, it is law, the U.S. has broken a lot of treaties treaties. See Native American section [4].
I can agree that statements like "It is wrong for the US to walk away..." are strictly moral, with no legal ground, as it was not ratified. Yet this is a treaty that was signed. In the eyes of the world and U.S. law, this is a "broken" treaty. And it doesn't help if we go around breaking treaties. It is not illegal, but you are not building credibility right? It might be only fair if other States start breaking their treaties when convenient. (And some of them do.)
[1] https://en.wikipedia.org/wiki/Treaty
[2] https://en.wikipedia.org/wiki/Foreign_policy_of_the_United_S...
[3] https://en.wikipedia.org/wiki/Ratification#Ratification_of_a...
[4] https://en.wikipedia.org/wiki/List_of_United_States_treaties
[5] https://en.wikipedia.org/wiki/Vienna_Convention_on_the_Law_o...
Edit: This is a nice interesting read, in case you are interested: https://www.asil.org/insights/volume/2/issue/5/international...