Growing Tension in the South China Sea

Tension is growing in the South China Sea over the sovereignty of the Spratly Islands. The small island chain, less than four square kilometers total, is claimed by six different countries including China, Taiwan, Vietnam, Malaysia, Brunei, and the Philippines. Originally the islands were only used for fishing, but after significant oil and natural gas reserves were discovered, the ownership of the islands became hotly contested.

As China grows as both a global and military powers, the world will watch to see how it handles this situation. Will it rely on diplomacy? Or will it put its rapidly growing navy to use? Will China follow the stipulations of the 1982 United Nations Convention on the Law of the Sea?

http://www.guampdn.com/article/20111102/OPINION02/111020335/China-sovereignty-vs-international-law

Turkey and Rape

The appellate courts in Turkey just managed to outrage the people of the world, thus proving that they are the equal of any judicial system in the world. Turkey changed it's rape laws to include what essentially amounts to a statutory rape provision for girls and boys under the age of 15. This evidently does not matter to the Turkish courts who decided that the older rape law should apply to the 26 men who raped a 13 year old girl. The court justified this decision by arguing that the new statute did not take effect until 2005 whereas the older statute was in effect at the time of the initial accusations in 2002. For their part the courts have said that this is simply a matter of Turkish law and that it is out of their hands. The Union of Turkish Bar Associations has a different and contradictory view. So ensues a classic clash between the letter of the law and the spirit of the law. This ruling can be appealed. What should the Turkish courts do? Is it appropriate for the judicial system to bow to societal pressures when the law of the land may be contradictory to those pressures? Did the courts make the appropriate ruling given the current laws of Turkey?

Read more: http://www.cnn.com/2011/11/04/world/meast/turkey-juvenile-rape/index.html?hpt=wo_c2

UNESCO admits Palestine as a Member

In a 107-14 vote with 52 abstentions, Palestine became the 174^th member of the United Nations Educational, Scientific and Cultural Organization (UNESCO). The most surprising ‘yes’ vote was France, while some of the ‘no’ votes included the United States, Israel, Sweden, the Netherlands and Germany. 81 votes were needed to admit Palestine to UNESCO. Full UN membership is not required for membership to every UN agency.

The supporters of this outcome are mostly overjoyed and proud of their accomplishment. Many states are still apprehensive, not wanting to step on toes too heavily or to further jeopardize UNESCO’s funding. Others, such as U.S. Rep. Ileana Ros-Lehtinen, chair of the House Foreign Affairs Committee who called the outcome “reckless” and “anti-Israel and anti-peace,” are not enthusiastic about the vote.

UNESCO will lose 22% of its funding, because of a United States’s law that bars the funding of any organization that admits Palestine as a member prior to an Israeli-Palestinian peace deal is achieved. The effect of this law will be felt immediately, according to the United State’s State Department.

This vote is primarily "a grand symbolic victory for the Palestinians, but it alone won't make Palestine into a state.” The UN Security Council will vote on Palestinian statehood.

So what is all the fuss about? UNESCO is concerned with science, culture and education. Could UNESCO offer anything to the Israeli-Palestinian peace process? Why are some countries not willing to try a new approach or at least wait and see what might happen as a result of this membership?

For the article: http://www.huffingtonpost.com/2011/10/31/us-unesco-funding_n_1067628.html.

For more information about UNESCo: http://www.unesco.org/new/en/unesco/.

Uruguay overturns war crime amnesty law

Early this morning, Uruguay's parliament overturned a amnesty law that had protected those who had committed human rights violations during Urugay's 1973-1985 dictatorship. This would allow the government "full punitive powers" to prosecute state terrorists who had abducted and executed citizens during the military rule.

What kind of repercussions can we see from this law being overturned? Can peace be enhanced by punishing crimes that occurred over 25 years ago? Does prosecution lead to better results than the truth and reconciliation commissions of countries like Argentina and South Africa?

http://www.timeslive.co.za/world/2011/10/27/uruguay-overturns-war-crime-amnesty-law

Human rights in a dire climate

On the immensely varying global scale of gay rights, this is an interesting juxtaposition for us to consider, the policies of the US and those of a third-world country. In a conservatively-led country where homosexuality and prostitution are equally criminalized, the advocacy for safe sex practices and disease prevention seems to be bound by sociological restrictions. This article forces the question of what new ways can Botswana reconcile its narrow and strict policies on human rights and its ever-pressing health concerns.
http://www.bbc.co.uk/news/world-africa-15368752

Witness the Birth of Constitutions

A person who witnesses a birth may describe it in two ways: A violent bloody struggle for liberty, or a glorious and magical process by which a mother gives of herself to bring life into the world. The Arab Spring could be described both ways. Tunisia, Egypt and Libya have all overthrown their old trappings and now face the tremendous responsibility of birthing a new order for their countries. These countries have some things in common. For one, every one of them have similar Islamist, centrist and liberal forces competing for their own interests in the new constitutions. Second, many middle eastern countries had their borders drawn for them. This leaves many competing ethnic groups vying for their say. Can the revolutionaries overcome their differences to create workable documents that will successfully guide them into the future?

In the United States, we view our constitution with near religious deference. It is a linchpin of American nationalism. We are justifiably proud of the work of our founding fathers, who get their own fair share of American reverence. Our reverence for our own constitution should underscore the importance of the birth of a constitution abroad. A constitution is not only a document of governance, but also a symbol of the culture and pride of a nation. What symbol will these new nations choose for themselves?

Western nations will be tempted to inject their own sensibilities into this process; this temptation must be resisted. We must provide advice only when we are asked. Already, there is a growing concern regarding a conservative backlash in some of these countries. In Libya, Gadhafi had instituted several progressive reforms that could suffer in a new state if it is controlled by conservative Islamists, including broad protections for women. Any uninvited intervention or aide from the west could fuel this conservative backlash. Instead, we should take the role of honored observers. We should remain in the waiting room prepared to celebrate when the Arab Spring has finished birthing her new constitutions.

For more on this subject:

http://www.cnn.com/2011/10/22/world/africa/libya-main/index.html?hpt=hp_t2

http://www.cnn.com/2011/10/21/world/gadhafi-arab-spring/index.html

http://english.aljazeera.net/indepth/opinion/2011/08/201182812377546414.html

http://english.aljazeera.net/indepth/opinion/2011/10/20111020184739761495.html

http://www.foreignpolicy.com/articles/2011/10/21/new_tunisia_islamist_elections?page=0,0

http://www.foreignpolicy.com/articles/2011/10/21/an_islamist_a_liberal_and_a_former_regime_loyalist_walk_into_a_cafe?page=0,0

http://www.huffingtonpost.com/2011/10/22/tunisia-elections-2011_n_1026311.html

http://www.huffingtonpost.com/benjamin-r-barber/sic-semper-tyrannis-but-n_b_1024477.html

http://articles.cnn.com/2011-03-30/world/egypt.constitution_1_new-constitution-emergency-laws-egypt?_s=PM:WORLD

US-China Tensions

The United States (U.S.) and China have a relationship that I would describe as a sibling rivalry. The two economies are interdependent upon each other in many aspects; China relies on exporting to the U.S., which in turn makes China the foremost holder of U.S. bonds(debt). However while this economic interdependency binds the two countries together, they are constantly at odds over policy and legal issues. Similarly to siblings, no matter how much they quarrel they are still related.

The U.S. is constantly criticizing China over their human rights issues, fair trade violations, and currency policies. Next week when House of Representatives convene the concern with China and the issues previously stated are top is on the top of their topics. The article posted below discusses the topics that will be covered in greater detail.

China is often quick to respond to these harsh criticisms by liquidating the United States bonds and canceling orders from U.S. Corporations (i.e. Possible cancellation of Boeing 747s from one of China's largest airlines, posted below the first link).

Both countries have a duty to serve the interests of their private citizens, as well as, the interests of the country itself. To focus the issue at hand we will concentrate on the instance of intellectual property. On one hand the U.S. has major corporations that need to prevent piracy as to maintain the value of their company and the products that are produced (i.e. Apple). On the other hand, China is a different country with a different set of laws that do not parallel the U.S. government's patent or trademark laws.

This all appears to come down to a balancing act. In the NASDAQ article it addresses the issues that lawmakers have with the relations to China. To what extent is the United States allowed to exert its power and influence over China, especially in terms of all the Fortune 500 companies in the U.S. that are multinational corporations? How should policymakers proceed in its decisions and what interests are foremost?


http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=201110181710dowjonesdjonline000429&title=us-lawmakers-to-continue-scrutiny-of-china-at-house-hearing

http://www.businessweek.com/news/2011-10-18/china-southern-may-scrap-787-orders-as-delivery-delayed.html