From: Mike Lorrey (mlorrey@yahoo.com)
Date: Tue Feb 25 2003 - 21:20:27 MST
--- Leonardo Gonzalez <magos@extropian.net> wrote:
>
> >Can anyone give a *clear* and *unambiguous* instance of a treaty
> >breach by the US? I mean a material or significant breach of the
> >sort an impartial and reasonable third party would recognize?
> >
> >- Brett
>
> Kyoto treaty
> Anti-Ballistic Missile Treaty
We never ratified the Kyoto Treaty, so we never belonged enough to
breach it. You can't breach a treaty you've never ratified.
The ABM treaty was with the defunct Soviet Union, which no longer
exists. Furthermore, the ABM treaty has measures for the acceptable
means of ending participation in the treaty. If you follow the measures
(i.e. 6 months notice, etc) then under international law it isn't a
breach to do so. A breach is only a breach if a) more than one of the
signatory national governments are still in existence, and b) one
violates the treaty without lawfully withdrawing from it.
For example, if Iraq announced in 1998 that it was withdrawing from the
1991 cease fire agreement that ended that phase of the Gulf War, then
that would be it's lawful choice under international law. It would then
be the UN's job to recognise that and the coalition members would be
obligated to restart hostilities against Iraq required under UN
resolutions passed in 1990.
North Korea isn't violating any law by withdrawing from the Nuclear
Non-Proliferation Treaty, though I believe that that also has a 6 month
window, from the time of announcing the withdrawal to engaging in
violating activities, so the fact that it is withdrawing enriched
plutonium from the Yong Byong reactor just weeks after announcing their
withdrawal is in fact a treaty breach in form.
The US withdrew from its treaty with the USSR in the ABM Treaty (first
by announcing that it no longer existed because the USSR no longer
existed), but it announced it's lawful withdrawal more than 6 months
prior to tests it wanted to make that might be construed to violate the
treaty.
We acted within international law at all times and acted even as if the
USSR still existed in our behavior in regards to the treaty.
=====
Mike Lorrey
"Live Free or Die, Death is not the Worst of Evils."
- Gen. John Stark
"Pacifists are Objectively Pro-Fascist." - George Orwell
"Treason doth never Prosper. What is the Reason?
For if it Prosper, none Dare call it Treason..." - Ovid
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