Showing posts with label Bill Clinton. Show all posts
Showing posts with label Bill Clinton. Show all posts

In passing: Geraldine A. Ferraro

(In passing marks the memory of a person featured in IntLawGrrls)

Geraldine A. Ferraro died from blood cancer yesterday in a Boston hospital. She was 75 years old.
While working by day as a schoolteacher, the New York native enrolled in night classes at Fordham Law School; "she was one of two women in a class of 179 and received her law degree in 1960." As a district attorney she focused on crimes involving violence against women; later, as a member of the U.S. House of Representatives, she pushed for legislation on equal rights, abortion rights, and other women's issues.
Ferraro made in history in 1987: chosen as the Democratic nominee for Vice President, she was the 1st woman to run at the top of a major party's slate.
She and her running mate, U.S. Sen. Walter F. Mondale, lost the election to Ronald Reagan and his running mate, wo later would become the first of two men named George Bush to serve as President of the United States.
In later years, Ferraro contributed to the promotion of human rights. She served as the United States' Ambassador to the U.N. Human Rights Commission from 1993 to 1996, during the administration of President Bill Clinton. In a statement issued yesterday, he and Secretary of State Hillary Clinton said:
For us, Gerry was above all a friend and companion. From the rough-and-tumble of political campaigns to the important work of international diplomacy, we were honored to have her by our side. She was a tireless voice for human rights and helped lead the American delegation to the landmark Fourth World Conference on Women in Beijing in 1995. Through it all, she was a loyal friend, trusted confidante, and valued colleague.

Treaties no treat?

What to make of Jamie Rubin's blithe Farewell to the Age of the Treaty?
In an op-ed yesterday Rubin, a State Department spokesperson back when Madeleine Albright was Secretary of State, posited that treaties aren't "even worth the trouble anymore."
The "trouble," it appears, is not with international agreements themselves. Troublesome, rather, is securing 2/3 consent of the Senate, a constitutional sine qua non for U.S. ratification of a treaty. The requirement's now bedeviling President Barack Obama's bid for ratification, detailed here, of the U.S.-Russia New Start disarmament treaty. (prior posts) (credit for White House photo of April 2010 signing)
"'Fortunately, there is an alternative,'" Rubin breezed. He argued that statutes, which pass upon simple majorities of both houses of Congress, usually "will work just fine."
Even putting aside the glib assertion that "the international system has most of the rules it needs," Rubin's argument falters on a number of points:
► History: The op-ed's ahistorical in its implication that this is a new problem. Presidential struggles to clear the 2/3 Senate hurdle are "nothing new," as our Opinio Juris colleague Duncan Hollis pointed out. Failure to secure approval dates at least to President Woodrow Wilson, and the Senate's rejections of the Versailles Treaty (right) and the League of Nations Covenant, in 1919 and again in 1920 -- years surely within the putative "Age of Treaties." Rubin himself no doubt recalls President Bill Clinton's CTBT debacle back in 1999.
► Politics: Also implicit is an assumption that congressional majorities easily may be obtained. Rubin points to legislative efforts on climate change as an example of his position "already being used." He pretermits, however, that these efforts have yet to bear statutory fruit. Given that the New Year will inaugurate a House of Representatives with a heavy GOP lean, getting Congress to okay internationally aimed reforms would seem far from simple.
► International Relations: Rubin's solution seems unlikely to give U.S. status abroad the hefty boost he suggests. Statutes and treaties are quite different legal animals. A statute may be altered, even repealed, at any time. Preferring the legislative path thus adds instability to the United States' foreign relations. What's more, a statute is the unilateral enactment of a single sovereign. In contrast, a treaty embodies that sovereign's consent not just to act, but to do so out of an international obligation. Treaties represent a deeper level of commitment, a promise to pursue global cooperation even if domestic political winds shift. Opting always for the U.S. statutory fix, at a time when other countries are urged to join treaty regimes, seems unlikely to ease what Rubin rightly calls "international frustration with American leadership."
Hard to see the op-ed's effort -- in essence, to put a brave face on an inferior option -- as much more than advance spin should New Start founder in the Senate.

The U.S. Says It Is Not Its Goal to Undermine the ICC

At a recent panel discussion at the NYU Center for Global Affairs on the Challenges and Future of International Justice, Harold Hongju Koh, Legal Advisor to the Department of State (left) (photo credit) stated that it was not the policy of the United States to frustrate the object and purpose of the Rome Treaty.

Koh's statement came in response to a comment by Sang-Hyun Song, President of the ICC (below right), about the United States' "positive engagement" with the Court. In invoking President Barack Obama's national security strategy promoting the end of impunity and the promotion of justice as moral imperatives and stabilizing influences in international affairs, Koh stated:

What you quite explicitly do not see from this Administration is U.S. hostility towards the Court. You do not see what international lawyers might call a concerted effort to frustrate the “object and purpose” of the Rome Statute. That is explicitly not the policy of this Administration. Because although the United States is not a party to the Rome Statute, we share with the States Parties a deep and abiding interest in seeing the Court successfully complete the important prosecutions it has already begun.
In addition to explicitly renouncing any such policy to frustrate the object and purpose of the ICC Statute, Koh noted that the Obama Administration had "ended the hostility and the harsh rhetoric" vis-a-vis the Court and pledged support for the Court's ongoing prosecutions.

These comments raise the question of whether Koh has said the magic words necessary to essentially withdraw a 2002 letter by which a U.S. official purported to "unsign" the Rome Treaty. Although the impact of the United States' purported "unsigning" of the Rome Treaty establishing the ICC remains contested, there is little question that Koh's remarks address the most important implication that some have read into the Bolton letter: that it was the policy of the U.S. to engage in a concerted effort to frustrate the "object and purpose" of the Court.

By way of background, President William J. Clinton in the waning days of his Administration signed the Rome Treaty on December 31, 2000, the final day it was open for signature. At that time, President Clinton did not recommend that his successor submit the Treaty to the Senate for advice and consent until the United States’ fundamental concerns were addressed, most notably the ability of the Court via an unaccountable prosecutor to exercise jurisdiction over the nationals of non-states parties. The subsequent retraction of this signature purportedly was accomplished by a terse letter from John Bolton, when he was President George W. Bush’s Undersecretary for Arms Control and International Security, to Kofi Annan, then-Secretary-General of the United Nations. The letter stated:

This is to inform you, in connection with the Rome Statute of the International Criminal Court adopted on July 17, 1998, that the United States does not intend to become a party to the treaty. Accordingly, the United States has no legal obligations arising from its signature on December 31, 2000. The United States requests that its intention not to become a party, as expressed in this letter, be reflected in the repositary's status lists relating to this treaty.
This indication of an intent not to ratify the treaty was said to be needed to remove any obligation of the United States to refrain from acting contrary to the object and purpose of the treaty as required by its signature of the treaty. Article 18 of the Vienna Convention on the Law of Treaties states:

A State is obliged to refrain from acts which would defeat the object and purpose of a treaty when: (a) it has signed the treaty or has exchanged instruments constituting the treaty subject to ratification, acceptance or approval, until it shall have made its intention clear not to become a party to the treaty...
(Although the United States has signed but not ratified the Vienna Convention, U.S. officials regularly indicate that they accept that much of the Convention reflects binding customary international law). Pierre Prosper, then U.S. Ambassador for War Crimes Issues, later indicated that the United States would not be in a position to assist the Court's investigations. See here and here for our prior discussions of efforts to "unsign" treaties, a common but inapt metaphor given the actual content of the Bolton letter and the terms of the Vienna Convention. (Incidentally, the U.N. website still lists the United States as a signatory to the Rome Treaty with a footnote reproducing the text of the Bolton letter.)

By formally indicating an intent not to ratify the Rome Treaty, the U.S. was thus free to take measures that might be interpreted as "acts which would defeat the object and purpose of the treaty" by undermining the treaty regime—such as the passage of the American Servicemembers Protection Act or the pursuit of Article 98 immunity agreements with other states—without running afoul of its Article 18 obligations. Although the U.S. has now renounced any intention or policy to undermine the Court, it is no doubt premature to assume the United States intends to ratify the treaty, and, of course, the statement does not imply that it will.

In addition, Koh's statement at NYU made other key points. Specifically, Koh:

► Outlined the Obama’s administration’s “integrated approach” to international criminal justice, which involves
  • support for the ad hoc tribunals,

  • providing "steadfast assistance" to rule of law initiatives around the world,

  • engaging the Assembly of States Parties, and

  • cooperating with the ICC in ways that are consistent with U.S. law (notably the American Servicemembers Protection Act), such as by public diplomacy.
► Restated the United States' support for all of the Court's prosecutions that are currently under way.
► Raised lingering and pressing concerns about the aggression amendments to the ICC and particularly the interaction between Article 121(5), which applies to the aggression amendments, and the opt-out provision adopted in Kampala, which allows states parties to opt out of the aggression amendments (See here and here for our prior posts on this).
► Highlighted several additional challenges facing the system of international justice:
  • wrapping up the work of the ad hoc tribunals,

  • the need for the ICC to deal with a growing case load, and

  • arresting fugitives from all criminal tribunals.
For more on U.S. cooperation with the ICC, see prior posts here and here. The full text of Koh's statement at NYU is available here.

On September 28

On this day in ...
... 1995 (15 years ago today), a 400-page agreement to give control over a significant portion of the West Bank to Palestinians was signed by the leaders of Israeli and the Palestine Liberation Organization at a ceremony in the White House, as U.S. President Bill Clinton, Egyptian President Hosni Mubarak, and King Hussein of Jordan looked on. The signing leaders, Yitzhak Rabin and Yasser Arafat, then shook hands. Rabin would be assassinated in just 6 weeks; Arafat would die from natural causes 9 years later. As discussed in the press briefing at right by President Barack Obama, Secretary of State Clinton, and envoy George Mitchell, a new round of talks between current leaders of Israel and the Palestinian Authority was launched earlier this month.

(Prior September 28 posts are here, here, and here.)

On September 24

On this day in ...
... 1996, at the New York City headquarters of the United Nations, U.S. President Bill Clinton signed the Comprehensive Test Ban Treaty, intended to prohibit all nuclear weapons testing. (credit for 1996 pro-treaty demonstration in front of White House) He used the same pen with which President John F. Kennedy had signed the Limited Test Ban Treaty in 1963. Clinton then urged further limits on weapons of mass destruction in a speech before the 51st session of the U.N. General Assembly. For the 2d year in a row, The New York Times reported, Clinton

asked diplomats and world leaders to take a strong stand against what he calls the 'new threats' of the post-cold-war era: Drug traffickers, terrorists and unsafeguarded weapons materials. 'Frankly, we have not done that yet.'

Three years later, the Senate refused to give its advice and consent to the Comprehensive Test Ban Treaty. In 2009, President Barack Obama pledged he would "immediately and aggressively pursue" ratification. To date, however, he has not presented it to the Senate.

(Prior September 24 posts are here, here, and here.)

On July 11

On this day in ...
... 1995 (15 years ago today), "the one-time student protester" against the Vietnam War, who'd become the United States' leader 2-1/2 years earlier had become the leader of the United States, established full diplomatic relations with Vietnam. President Bill Clinton hearkened to words once used by Abraham Lincoln, President during the Civil War a century earlier, when he said in remarks delivered at a ceremony in Washington:


This moment offers us the opportunity to bind up our own wounds. They have resisted time for too long. We can now move onto common ground.

The move came more than 2 decades after U.S. troops abandoned what was then the capital city of South Vietnam. Today it's known as Ho Chi Minh City, part of the single country of Vietnam depicted above right. In 2000, as depicted in these BBC photos (credit), the President and the 1st Lady -- today, Secretary of State Hillary Clinton -- would make the 1st official visit to Vietnam in a quarter-century.



(Prior July 11 posts are here, here, and here.)

On Clinton's appointment as UN envoy to Haiti

Haiti is one of those countries with a long last name. No one ever refers to the Caribbean country that shares an island with the Dominican Republic as simply "Haiti," but rather Haiti-the-poorest-country-in-the-Western-Hemisphere. In truth, the poverty is hard to miss. When I drove through the capital Port-au-Prince last fall, I was almost undone by the look of it, the smell of it, the sense of it. Poverty is a living, breathing, frightening thing that walks the streets and shadows Haiti's young. And with poverty comes the familiar evils of crime, political instability, slavery, malnutrition, discrimination and a general feeling of hopelessness.
Into this complex quagmire comes Bill Clinton, the recently appointed UN envoy to Haiti. Clinton's specific duties are as yet undefined, but when Secretary General Ban Ki-moon announced the appointment he said very simply "It is important to help this country." And it is. Is Bill Clinton the right person for the job?
Clinton has had a long history with Haiti. He is popular among Haitians for having aided the democratically-elected President Jean Bertrand Aristide when Aristide was ousted by reactionary forces in 1991. (But some Haitians--and Aristide himself--also blame the United States for the 2004 coup that ousted Aristide for good.) The Clinton Foundation sponsors much-needed projects on AIDS, health care and environmental issues in Haiti. And Clinton has been instrumental in lobbying the international community to provide monetary and other relief to Haiti. Indeed, Prime Minister Michele Pierre-Louis praised Clinton as "a great friend of Haiti," and claimed he was instrumental in helping the country secure $324 milliion in new aid from international donors.
Clinton comes to his post with a great deal of goodwill from the Haitian people. Let's hope he is able to harness that energy to help Haiti achieve something wonderful -- something beyond its current title as "the poorest country in the Western Hemisphere."

Change & United States' global health policy

Nothing more than too-much-to-do accounts for our not yet mentioning changes to the United States' foreign policy on family planning this past week.
Included in a a flurry of executive action, about which we've posted here and here and here, was President Barack Obama's restoration of U.S. funding for global organizations whose health-care activities include counseling about, advocacy for, or performance of abortions. U.S. Agency for International Development funds had been halted as soon as George W. Bush assumed the Presidency in 2001 -- having previously been reinstated by new President Bill Clinton in 1993, after having 1st been cut off by President Ronald Reagan in 1984.
Reactions?
As might be expected, anti-abortion groups are not happy; contrarily, as the Washington Post reported:
Obama's decision was praised by family planning groups, women's health advocates and others for allowing the U.S. Agency for International Development to once again provide millions of dollars to programs offering medical services, birth control, HIV prevention and other care.
Also undone, the so-called "global gag rule." We print Obama's rescission order, styled as a memo to new Secretary of State Hillary Clinton, in full:
MEMORANDUM FOR THE SECRETARY OF STATE
THE ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
SUBJECT: Mexico City Policy and Assistance for Voluntary Population Planning
The Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)(1)), prohibits nongovernmental organizations (NGOs) that receive Federal funds from using those funds "to pay for the performance of abortions as a method of family planning, or to motivate or coerce any person to practice abortions." The August 1984 announcement by President Reagan of what has become known as the "Mexico City Policy" directed the United States Agency for International Development (USAID) to expand this limitation and withhold USAID funds from NGOs that use non-USAID funds to engage in a wide range of activities, including providing advice, counseling, or information regarding abortion, or lobbying a foreign government to legalize or make abortion available. The Mexico City Policy was in effect from 1985 until 1993, when it was rescinded by President Clinton. President George W. Bush reinstated the policy in 2001, implementing it through conditions in USAID grant awards, and subsequently extended the policy to "voluntary population planning" assistance provided by the Department of State.
These excessively broad conditions on grants and assistance awards are unwarranted. Moreover, they have undermined efforts to promote safe and effective voluntary family planning programs in foreign nations. Accordingly, I hereby revoke the Presidential memorandum of January 22, 2001, for the Administrator of USAID (Restoration of the Mexico City Policy), the Presidential memorandum of March 28, 2001, for the Administrator of USAID (Restoration of the Mexico City Policy), and the Presidential memorandum of August 29, 2003, for the Secretary of State (Assistance for Voluntary Population Planning). In addition, I direct the Secretary of State and the Administrator of USAID to take the following actions with respect to conditions in voluntary population planning assistance and USAID grants that were imposed pursuant to either the 2001 or 2003 memoranda and that are not required by the Foreign Assistance Act or any other law: (1) immediately waive such conditions in any current grants, and (2) notify current grantees, as soon as possible, that these conditions have been waived. I further direct that the Department of State and USAID immediately cease imposing these conditions in any future grants.
This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE, January 23, 2009.

On January 14

On this day in ...

... 1972, the woman born Margrethe Alexandrine Þórhildur Ingrid (prior post) ascended the throne to become Queen Margrethe II of Denmark (left). Despite the "II," it had been quite a while since a Danish monarch bore her name. Indeed, none had been named anything other than Frederik or Christian since 1513 (for good measure, her son, the Crown Prince, is named Frederik André Henrik Christian) -- and none had been a woman since the death in 1412 of Margrethe I, regent and the current queen's namesake. (photo credit)

... 1994 (15 years ago today), in Moscow, U.S. President Bill Clinton, Russian President Boris Yeltsin, and Ukrainian President Leonid Kravchuk signed a Trilateral Statement and Annex. The agreement included U.S. promises to aid the latter 2 countires, as well as promises by all 3 to continue to work to reduce nuclear arsenals, in part by deactivating nuclear warheads in Ukraine (right).


On December 8

On this day in ...
... 1993 (15 years ago today) , the North American Free Trade Agreement was signed into U.S. law by President Bill Clinton. The tripartite treaty known as NAFTA, subject of many IntLawGrrls posts, eliminated nearly all trade restrictions among the United States, Canada, and Mexico.

... 1953 (55 years ago today), U.S. President Dwight D. Eisenhower delivered to the U.N. General Assembly in New York what came to be known as the "Atoms for Peace" speech, in which he proposed that countries with nuclear programs should give fissionable materials to nonnuclear countries in order that the technology be put to use for peaceful purposes. The marked-up text of his speech is here.

On December 5

... 1996 (a dozen years ago), President Bill Clinton announced he would nominate Madeleine Albright, to be U.S. Secretary of State in his 2d term. Then 59 years old and serving as U.S. Ambassador to the United Nations, she would be sworn in exactly 7 weeks later. Albright, about whom we've posted here, thus became the 64th person and the 1st woman to hold the United States' top diplomatic post. This week President-Elect Barack Obama tapped his primary-season rival, Sen. Hillary Clinton (D-N.Y.), to be his Secretary of State. When sworn in she'll be the 3d woman to hold the job, succeeding current Secretary Condoleezza Rice. Clinton is, of course, the wife of the President who'd chosen Albright. (credit for 1998 photo of Secretary Albright and President Clinton)
... 2008 (today), is marked the 22d annual International Volunteer Day for Economic and Social Development, proclaimed by the U.N. General Assembly by this 1985 resolution in an effort to encourage pro bono service, by people in all walks of life, throughout the world.

On November 7



On this day in ...

... 1893 (115 years ago today), the all-male electorate of Colorado voted to extend suffrage to the state's women. "'Western Women Wild With Joy Over Colorado’s Election,' journalist and suffragist Caroline Nichols Churchill exclaimed." A similar referendum had failed 16 years earlier. The 1893 turnaround "made Colorado the first state to enfranchise women through popular referendum, and it happened over a quarter of a century before the achievement of national women’s suffrage in 1920." (photo credit)

... 2000, the BBC reported that "Hillary Rodham Clinton, wife of the president, has won a seat for the Democrats in the Senate to become the only First Lady to win elective office in US history. " She would be sworn in the following January, the same month that Bill Clinton left office after 8 years as President. (photo credit)




On October 6

On this day in ...
... 1999, by its Resolution 54/4, the U.N. General Assembly adopted the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women. The treaty, which establishes a mechanism for monitoring compliance with the principal convention, was opened for signature 2 months later, and entered into force on December 22, 2000. It has 90 states parties; not among them is the United States, which is not a party to the principal convention, either.
... 1998 (10 years ago today), late at night, after luring him out of a bar, attackers beat and tied to a post Matthew Shepard (below right), 21, a gay student at the University of Wyoming in Laramie. He was unconscious when discovered the following evening, and died on October 12. Shepard's death provoked outrage throughout the country; President Bill Clinton declared: "[C]rimes of hate and crimes of violence cannot be tolerated in our country." In 2007, the Matthew Shepard Act, federal legislation targeting hate crimes based on a victim's perceived sexual orientation passed the Senate but failed to become law. This epilogue takes a look at Laramie 10 years later.

On August 20

On this day in ...
... 1998 (10 years ago today), President Bill Clinton announced in a televised address that the United States had struck "terrorist bases in Afghanistan and a facility in Sudan" in retaliation for the bombings of 2 U.S. embassies in Africa on August 7. Whether in fact all targets were linked to terrorism remains a point of controversy. (credit for photo of ruins of bombed pharmaceutical plant in Sudan)
... 1831, 32-year-old Nat Turner and 6 others launched a slaves' rebellion in Virginia, killing slaveowning families. Eventually they numbered "more than 40 slaves, most on horseback." Most were captured in a few days; Turner himself was located in late October and executed in mid-November. His Confessions were dictated during his imprisonment and later published in the pamphlet at right.

On July 21

On this day in ...
... 1798 (210 years ago today) , on the western bank of the Nile River in Egypt, 10 miles from Giza, French invaders led by Napoleon Bonaparte defeated local warriors in what came to be called the Battle of the Pyramids. (image credit) Though the French won the day, "[t]he yawning cultural divide, coupled with the destruction of Napoleon’s fleet at the Battle of the Nile by Admiral Horatio Nelson 10 days later, would ensure that the French presence in Egypt was not to last long."
... 1938 (70 years ago today), Janet Reno (right) was born in Miami, Florida, the eldest of 4 children born to journalists Henry Reno and Jane Wood Reno. She was among 16 women, out of a class of 500, who earned their J.D.s at Harvard in 1963. Reno returned to Florida to practice law and, eventually, to become active in state government. In 1978 she became the 1st woman chief prosecutor for Miami's Dade County, a post she held until 1993, when President Bill Clinton appointed her as the 1st woman U.S. Attorney General.

On this day

On March 25, ...
... 1988 (20 years ago today), the 1st mass protest of the decade against the Soviet-backed regime in Czechoslovakia -- a protest known as the Candle Demonstration -- was held in Bratislava, today the capital city of the independent nation-state of Slovakia.
... 1998 (10 years ago today), at the airport in Kigali, Rwanda, U.S. President Bill Clinton spoke to survivors of the massacre that killed hundreds of thousands of Rwandans over a 90-day period in 1994 during which no other country intervened. Clinton said, in part:
The international community, together with nations in Africa, must bear its share of responsibility for this tragedy, as well. We did not act quickly enough after the killing began. We should not have allowed the refugee camps to become safe haven for the killers. We did not immediately call these crimes by their rightful name: genocide. ...
We owe to those who died and to those who survived who loved them, our every effort to increase our vigilance and strengthen our stand against those who would commit such atrocities in the future -- here or elsewhere.

Trade policy & the 2008 Presidential campaign

Few presidential campaigns have been won or lost on the candidate’s trade policy position, but one thing is clear: U.S. trade policy may look very different depending on who sits in the White House. In honor of Super Tuesday, I’ll delve briefly into the candidates’ posture on trade. Sadly, I will limit my comments to the Democratic candidates for two reasons: the 1st, very simply, is time (I have to prepare for class tomorrow). 2d, as a Democrat I am personally more interested in the Democratic candidates’ positions. We Dems have long viewed trade as both a blessing and a curse—and Democratic trade policy reflects that push-me-pull-you sensibility. Fairly articulating the Democratic candidates’ position provides more of a challenge for a (modified) free trader like me.
Ever since Adam Smith (middle right) and David Ricardo (left) alerted us to free trade’s benefits, economists have been nearly uniform in their support. But the idea that trade between England and Portugal benefits both countries (Ricardo’s famous example), while true, tells us little about the inevitable economic dislocation within England and Portugal. In other words, in a mythical world in which the two countries can produce computers and bottled water but England can produce computers more cheaply and Portugal is more efficient in bottled water what should they do? It will always make sense for England to produce computers and import its bottled water from Portugal, while Portugal will do well to import its computers and focus production on water, thus creating win-win in the aggregate for both sides. But what happens to the workers and producers of bottled water in England and would-be computer makers in Portugal? Democrats have traditionally focused on the half-empty glass of the workers, while Republicans tout the half-full glass of business. That is a gross generalization to be sure; no elected official—Democrat and Republican alike—wants to deliver the news to furniture producers in North Carolina or assembly-line workers in Michigan (and now software engineers in Silicon Valley) that their job has fled abroad as a result of trade, but that it is all “for the greater good” (see here for a call to reconsider traditional free trade dogma in the face of outsourcing and here for a rebuttal). No matter their political stripe, Democrats and Republicans have adopted “protectionist” measures that shield domestic jobs and inefficient producers from international competition.
So what would the trade policy of an Obama or Clinton Presidency look like?
Barack Obama (left) advocates “fair trade,” a term that easily encompasses both good and evil. Broadly speaking, Obama pledges to “fight for a trade policy that opens up foreign markets to support good American jobs.” He favors updating the much ballyhooed but poorly-funded Transition Assistance Program for displaced workers whose jobs have been outsourced overseas. Transition assistance is meant to educate and retrain such workers, and Obama promises to create flexible education accounts and provide retraining for those in vulnerable sectors even before they lose their jobs. Obama also favors adopting sound labor and environmental policies as part of the package of rights and obligations negotiated in trade agreements. More ominously, Obama “believes that NAFTA and its potential were oversold to the American people.” He promises to work with the leaders of Canada and Mexico to fix NAFTA so that it works for American workers.
Few would quarrel with Obama’s basic position. Who wouldn’t want all of the benefits of free trade without any of the attendant challenges? But opening up to free trade inevitably brings both reward and retribution. Many of us will experience some of the significant ill-effects of free trade. I would like to see Obama adopt a more robust Transition Assistance Program that gives workers both adequate time and resources to adjust to trade competition (read: the program needs more money!). I’m also troubled that Obama has said little about the current WTO negotiations—the so-called “Development Round.” The Development Round is historic in focus; it is meant to at last address some of the inequalities poor countries have faced on the road to development through trade. Right now, the round is moribund—although there are hopeful signs of a re-birth. We need American leadership, both on substance and vision. I for one would like to know more of what a President Obama might do to bring the negotiations to a fruitful close.
Finally, I dislike the vague reference to a broken NAFTA that needs significant overhaul. In the age of an ever-expanding European Union, I cannot imagine it would be to America’s economic benefit to jettison NAFTA (although I don’t believe Obama is advocating that). Obama says leaving out labor and environmental standards from NAFTA was a mistake. In truth, NAFTA was the first agreement to ever link trade with workers rights in a major way. Yes, it is true that the North American Agreement on Labor Cooperation (NAALC) was a “side agreement” (negotiated by the Clinton Administration), and the signatories for the most part pledged to enforce their own labor standards (instead of creating a whole range of new “core” standards). But the agreement adopted basic standards on a range of issues, including a prohibition on forced labor, and protections for women and children. Ditto for environmental policy. We can talk about whether the enforcement mechanisms under NAALC (and the environmental agreement) are adequate, but it is simply wrong to suggest that labor and environmental standards were somehow overlooked in NAFTA.
Hillary Clinton (right) advocates "smart trade," a term which she has defined as championing "labor rights, the environment, and our economic standing in the world." She pledges to appoint a trade enforcement officer and double the enforcement staff at the office of the United States Trade Representative to ensure our trade partners are living up to their agreements. She also promises to review every trade agreement to ensure that it is delivering benefits to American workers. Finally, Candidate Clinton promises to expand the Trade Adjustment Assistance program so that workers negatively affected by the global economy get the help they need. Clinton's trade policy presents more of a known commodity, which can both help and hurt her. On NAFTA, for example, Senator Clinton has distanced herself from the pro-NAFTA position adopted by First Lady Clinton based on her assessment that NAFTA hurts workers (a position her own husband has said is “wrong”). Obama has characterized the change as yet one more example of a “flip-flop”, and a Washington Post editorial decries it as “opportunism,” claiming “there’s little chance that her position reflects any deeply held principle.” In truth, Hillary Clinton’s current position stands in marked contrast to President Bill Clinton’s trade policy. Bill Clinton had to fight against his parties own powerful constituencies (the trade unions for one) as well as Big Business—who did not want an agreement “bogged down” with labor and environmental standards—to successfully pass NAFTA. Hillary Clinton, despite voting in support of a number of bilateral free trade agreements in the Senate (Singapore and Chile, for example), has called for a “time out” on further trade agreements. While her position is likely to play well with rank-and-file Democrats, it comes with significant costs—economic and otherwise. The trade merry-go-round is simply not going to stop turning while we try to make up our minds.

On January 26, ...

... 1998 (10 years ago today), "With eyes narrowed and one index finger stabbing the air, President Clinton angrily denied today that he had had sexual relations with Monica S. Lewinsky, the former White House intern whose tape-recorded accounts of an affair with him now threaten his Presidency," the New York Times then reported. Bill Clinton said at the internationally reported Washington press conference at which he delivered an "emphatic denial": '''I did not have sexual relations with that woman, Miss Lewinsky.'"
The next day his wife gave a televised interview. As the Times then reported, "Hillary Rodham Clinton charged today that the Whitewater prosecutor's sex-scandal investigation of her husband was part of a 'vast right-wing conspiracy' dedicated to destroying his Presidency. ...Asked how grave the accusations were, she replied, 'If all that were proven true, I think that would be a very serious offense.' But, she said, 'that is not going to be proven true.' She said the suspicions about her husband were baseless, 'part of the unfortunate, mean-spirited give-and-take of American politics right now.'''
On his last full day in office 2 years later, President Clinton, who had survived an impeachment trial before the U.S. Senate, accepted a deal in order to settle the matter; in so doing, he admitted telling falsehoods under oath.
... 1977, the Vatican affirmed its ban on admitting women to the priesthood of the Roman Catholic Church.

On January 23, ...

... 1997, Madeleine Albright was sworn in as the United States' 64th Secretary of State, the 1st woman ever to hold that position. Albright, who'd been born Marie Jana Korbelová in 1937 in Prague, Czechoslovakia, previously had served as the U.S. Permanent Representative to the United Nations, as a member of President Bill Clinton's Cabinet, and as a member of the United States' National Security Council.
... 1912, the International Opium Convention was signed at The Hague, Netherlands. Aimed at illicit narcotics derived from poppies -- as shown in the 1859 Harper's Weekly editorial cartoon at right, opiates that were in "widespread use" in the 19th century -- this was the 1st multilateral drug control pact.

Why this IntLawGrrl's for Obama for President

(An Iowa Caucus Day item) Soon after the 2d inauguration of George W. Bush, whose Presidency already had been marked by abuse scandals at Abu Ghraib and elsewhere, by the folly of the Iraq invasion, and by the failure to incapacitate Osama bin Laden, I began to prepare for the next election cycle.
My road to 2008 began on the freeway, listening to politicians read aloud the books in which they endeavored to tell their own stories in their own words. My Life, the memoir by Bush's immediate predecessor, Bill Clinton, filled in some details about a man who in the 1990s had dominated current events. In Living History his wife, Hillary Clinton, read her precise account of those same times. The works left me appreciative yet disengaged.
Then, on a colleague's recommendation, I listened to Barack Obama read Dreams from My Father, the "story of race and inheritance" he'd written a decade earlier. The last thing I expected to discover were things in common. And yet here was someone who'd also moved about as a child, been raised at times by grandparents. Who'd also witnessed Harold Washington's milestone mayoral election while working in Chicago -- who'd worked a few years before moving on to law school, then to law teaching. Whose family ties put him in close contact with newcomers to America and with relatives overseas. (Yesterday, in the Voice of America interview here, Obama urged political rivals in Kenya, his father's homeland, to "address peacefully the controversies that divide them.") A progressive Illinoisan who preferred consensus to conflict.
His campaign's followed lines sketched in Dreams and detailed in his 2d book, The Audacity of Hope. The operative word remains "hope" -- discussed by means not of doe-eyed promises of the impossible, but of substantive policy prescriptions. There's a focus on building a movement, one that underscores the significance of a fact seldom studied despite the reams of copy written about Obama: This is someone whose sensibilities were shaped by years of organizing poor people in job-starved communities, a real world experience that all politicians could use but few have. The campaign's unabashed reaching across the aisle, moreover, comes as a relief to all exhausted by the pitched political battles of the recent past.
And then there's Obama's foreign policy.
This is a candidate who fears not to speak with favor of the United Nations and other international bodies. Who speaks of the essential need for the United States not simply to demand from its allies, but rather to earn from them, respect and assistance. Who understands "security" to mean more than military might. A candidate who persists in a plan to meet personally with world leaders of all political persuasion, to cut in on diplomatic dances of avoidance that sometimes extend distance between cultures.
Not least is Obama's denunciation of Guantánamo and all it stands for: indefinite detention for purposes of interrogation, abandonment of habeas corpus, cruelty and torture. It's unequivocal and delivered to all audiences.
Aiding Obama are scores of foreign policy experts and international lawyers. They include many noted and respected women, among them: Pulitzer Prizewinning Harvard Professor Samantha Power; Patricia Wald, former judge on the U.S. Court of Appeals for the District of Columbia Circuit and the International Criminal Tribunal for the former Yugoslavia; and Dr. Susan E. Rice, formerly assistant U.S. Secretary of State for African Affairs.
It may seem odd that someone who's spent nearly a year blogging the achievements of the world's women leaders is working for this candidate. Would I welcome as President a woman who's made her own way, who stands on her own feet, who promises to bring the best to the job? Certainly. I'll embrace that candidate, when she emerges.
Now, though, this IntLawGrrl's honored to be doing her wee bit for Barack Obama, the human who pushes people to "Change the World."
 
Bloggers Team