Tournament: Berkeley | Round: 1 | Opponent: Gulliver Prep AS | Judge: Richard Idriss
1NC
1
The 1AC has not provided sufficient basis for a productive discussion about the topic – this is why we can’t have nice things.
Two contentions: First, discussion is good
Key to advocacy skills, flexibility, creativity, and innovation, all of which link turn any solvency mechanism
Steinberg and Freeley 8 *Austin J. Freeley is a Boston based attorney who focuses on criminal, personal injury and civil rights law, AND David L. Steinberg , Lecturer of Communication Studies @ U Miami, Argumentation and Debate: Critical Thinking for Reasoned Decision Making pp45-
Debate is a means of settling differences, so there must be a difference of
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particular point of difference, which will be outlined in the following discussion.
Second, the links
B. Effective engagement with the PRAGMATIC POLICIES of the government is critical to discussion – independent internal link to the mechanism that they need to change means even if they access some education it’s irrelevant without instrumental defense of what the USFG should do; this is both a defense of the government and a reason that it is critical for solving the issue at hand.
Hoppe 99 Robert Hoppe is Professor of Policy and knowledge in the Faculty of Management and Governance at Twente University, the Netherlands. "Argumentative Turn" Science and Public Policy, volume 26, number 3, June 1999, pages 201–210 works.bepress.com
ACCORDING TO LASSWELL (1971), policy science is about the production and application of
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and to a broader audience of an ideologically disoriented and politically disenchanted citizenry.
2
The United States federal government should amend Title 22 of US Code (22 U.S.C. 6065) so that a transition government in Cuba is defined as a government that is taking appropriate steps to restitute and/or compensate United States citizens for property taken by the Cuban government, as outlined in the following addendum. The United States federal government should offer to negotiate a Bilateral Investment Treaty with Cuba that includes a Step-Down Restitution Policy.
Current language
Title 22-FOREIGN RELATIONS AND INTERCOURSE CHAPTER 69A-CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD) SUBCHAPTER II-ASSISTANCE TO FREE AND INDEPENDENT CUBA
§6065. Requirements and factors for determining transition government
(a) Requirements
For the purposes of this chapter, a transition government in Cuba is a government that-
(1) has legalized all political activity;
(2) has released all political prisoners and allowed for investigations of Cuban prisons by appropriate international human rights organizations;
(3) has dissolved the present Department of State Security in the Cuban Ministry of the Interior, including the Committees for the Defense of the Revolution and the Rapid Response Brigades; and
(4) has made public commitments to organizing free and fair elections for a new government-
(A) to be held in a timely manner within a period not to exceed 18 months after the transition government assumes power;
(B) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and
(C) to be conducted under the supervision of internationally recognized observers, such as the Organization of American States, the United Nations, and other election monitors;
(5) has ceased any interference with Radio Marti or Television Marti broadcasts;
(6) makes public commitments to and is making demonstrable progress in-
(A) establishing an independent judiciary;
(B) respecting internationally recognized human rights and basic freedoms as set forth in the Universal Declaration of Human Rights, to which Cuba is a signatory nation;
(C) allowing the establishment of independent trade unions as set forth in conventions 87 and 98 of the International Labor Organization, and allowing the establishment of independent social, economic, and political associations;
(7) does not include Fidel Castro or Raul Castro; and
(8) has given adequate assurances that it will allow the speedy and efficient distribution of assistance to the Cuban people.
(b) Additional factors
In addition to the requirements in subsection (a) of this section, in determining whether a transition government in Cuba is in power, the President shall take into account the extent to which that government-
(1) is demonstrably in transition from a communist totalitarian dictatorship to representative democracy;
(2) has made public commitments to, and is making demonstrable progress in-
(A) effectively guaranteeing the rights of free speech and freedom of the press, including granting permits to privately owned media and telecommunications companies to operate in Cuba;
(B) permitting the reinstatement of citizenship to Cuban-born persons returning to Cuba;
(C) assuring the right to private property; and
(D) taking appropriate steps to return to United States citizens (and entities which are 50 percent or more beneficially owned by United States citizens) property taken by the Cuban Government from such citizens and entities on or after January 1, 1959, or to provide equitable compensation to such citizens and entities for such property;
(3) has extradited or otherwise rendered to the United States all persons sought by the United States Department of Justice for crimes committed in the United States; and
(4) has permitted the deployment throughout Cuba of independent and unfettered international human rights monitors.
(Pub. L. 104–114, title II, §205, Mar. 12, 1996, 110 Stat. 811.)
Language post-counterplan
Title 22-FOREIGN RELATIONS AND INTERCOURSE CHAPTER 69A-CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD) SUBCHAPTER II-ASSISTANCE TO FREE AND INDEPENDENT CUBA
§6065. Requirements and factors for determining transition government
(a) Requirements
For the purposes of this chapter, a transition government in Cuba is a government that is-
(1) has legalized all political activity;
(2) has released all political prisoners and allowed for investigations of Cuban prisons by appropriate international human rights organizations;
(3) has dissolved the present Department of State Security in the Cuban Ministry of the Interior, including the Committees for the Defense of the Revolution and the Rapid Response Brigades; and
(4) has made public commitments to organizing free and fair elections for a new government-
(A) to be held in a timely manner within a period not to exceed 18 months after the transition government assumes power;
(B) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and
(C) to be conducted under the supervision of internationally recognized observers, such as the Organization of American States, the United Nations, and other election monitors;
(5) has ceased any interference with Radio Marti or Television Marti broadcasts;
(6) makes public commitments to and is making demonstrable progress in-
(A) establishing an independent judiciary;
(B) respecting internationally recognized human rights and basic freedoms as set forth in the Universal Declaration of Human Rights, to which Cuba is a signatory nation;
(C) allowing the establishment of independent trade unions as set forth in conventions 87 and 98 of the International Labor Organization, and allowing the establishment of independent social, economic, and political associations;
(7) does not include Fidel Castro or Raul Castro; and
(8) has given adequate assurances that it will allow the speedy and efficient distribution of assistance to the Cuban people.
(b) Additional factors
In addition to the requirements in subsection (a) of this section, in determining whether a transition government in Cuba is in power, the President shall take into account the extent to which that government-
(1) is demonstrably in transition from a communist totalitarian dictatorship to representative democracy;
(2) has made public commitments to, and is making demonstrable progress in-
(A) effectively guaranteeing the rights of free speech and freedom of the press, including granting permits to privately owned media and telecommunications companies to operate in Cuba;
(B) permitting the reinstatement of citizenship to Cuban-born persons returning to Cuba;
(C) assuring the right to private property; and
(D) taking appropriate steps to return to United States citizens (and entities which are 50 percent or more beneficially owned by United States citizens) property taken by the Cuban Government from such citizens and entities on or after January 1, 1959, or to provide equitable compensation to such citizens and entities for such property;
(3) has extradited or otherwise rendered to the United States all persons sought by the United States Department of Justice for crimes committed in the United States; and
(4) has permitted the deployment throughout Cuba of independent and unfettered international human rights monitors.
(Pub. L. 104–114, title II, §205, Mar. 12, 1996, 110 Stat. 811.)
Setting up a Bilateral Investment Treaty as a mechanism for compensation helps Cuba meet the only condition that is keeping the embargo in place
Mowry, Senior Counsel Xerox Corporation, ’99 (David, “Lifting the Embargo against Cuba Using Vietnam as a Model: A Policy Paper for Modernity” Brooklyn Journal of International Law, 25 Brooklyn J. Int'l L. 229, lexis)
The obstacles that prevent a President from lifting the embargo against Cuba arbitrarily would appear
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S. Government would not be liable for any losses. *262
Step-Down Restitution Policy is the best mechanism – flexibility in payment ensures appropriate and quick redress and means Cuba says yes
Espino, JD Candidate Nova Southeastern University Shepard Broad Law Center, ‘8 (Daniel- President and Chairman of the Board of Puente de Jovenes Profesionales Cubanos and President of the Hispanic Law Students Association, Spring, “Step-Down Restitution: A Proposal For An Equitable Resolution To Confiscated Cuban Property” Nova Law Review, 32 Nova L. Rev. 423, lexis)
*451 V. IMPLEMENTATION The Step-Down Restitution Policy should be
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justice for Cuba's transgressions by allowing them to receive individualistic and equitable remediation.
Failure to settle expropriated property issue before lifting the embargo spills over and affects property rights in all of Latin America*
Poblete, Managing Attorney for Poblete and Tamargo LLP, ’10 (Jason- Vice-Chair National Security Committee of the American Bar Association Section of International Law, member of the Cuban-American Bar Association, Former Senior Attorney at Global Regulatory Litigation group of Reed Smith (a top 15 global law firm), and ranked by Roll Call as one of the “50 Most Influential Staffers on Capitol Hill”, September 9, “Settling Expropriated Cuban Property Cases Will Set Tone for Region, World” http://jasonpoblete.com/2010/09/09/settling-expropriated-cuban-property-cases-will-set-tone-for-region-world/)
Private property rights is about control. Either you control or the government controls.
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private property, sooner or later there will be a price to pay.
Poorly enforced property rights in Latin America cause Amazon deforestation – seen as necessary to protect property value
Araujo et al, Professor Econ at University of Auvergne, ‘8 (Claudio Araujoa, Catherine Araujo Bonjean, Jean-Louis Combes, Pascale Combes Motel, and Eustaquio J. Reis, December 17, “Property rights and deforestation in the Brazilian Amazon” Centre d'Etudes et de Recherches sur le Développement International, http://halshs.archives-ouvertes.fr/docs/00/55/66/99/PDF/2008.20.pdf)
The main outcome of this paper is that insecure property rights in land drive deforestation
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privately owned, are often classified as unproductive and hence eligible to expropriation.
Amazon deforestation causes extinction
Brown- President, Earth Policy Institute- ‘8 Lester, Earth Policy Institute is a nonprofit, interdisciplinary research organization Plan B 3.0: ?Mobilizing to Save Civilization, p. 15-16
33 Scientists believe that if half the Amazon is cleared or weakened, this may
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taken another step that could help seal our fate as a civilization.35
3
The affirmative runs from the horror of existence – they do not confront suffering, and so mask it
Kain 7 (Philip J, Professor of philosophy at University of Santa Clara, "Nietzsche, Eternal Recurrence, and the Horror of Existence," the Journal of Nietzsche Studies, muse, AD: 7/2/09) jl
One might find all this unacceptable. After all, isn't it just obvious that
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, we cannot eliminate suffering; we can only seek to mask it.
They spend their lives trying to create a perfect world, so that they can live satisfied lives; it is in the product, and not the process that they find value. This engenders hatred for life.
Paul Saurette, PhD in political theory at John Hopkins U, in 96 "I mistrust all systematizers and avoid them': Nietzshce, Arendt and the Crisis of the Will to Order in INternational Relations Theory." Millenium Journal of International Studies. Vol. 25 no. 1 page 3-6
The Will to Order and Politics-as-Making The Philosophical Foundation of the Will to Truth/Order •. I mistrust all systematizers and avoid them. A will to a system is a lack .of ! integrity."
According to Nietzsche, the philosophical foundation of a society is the set of ideas
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, the Will to Order becomes .the fundamental philosophical principle of modernity.
The alternative is the demonic question – the ballot is an answer to the question “do you desire this innumerable times more” – do nothing in the case of the plan and vote neg to say yes
Nietzsche, ’87 (Friedrich Wilhelm, 1887, The Gay Science, “The greatest weight,” Aphorism 341)
What, if some day or night a demon were to steal after you into
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life to crave nothing more fervently than this ultimate eternal confirmation and seal?
4
TPA will pass now – but it will be a fight and negotiations are critical
Spulak and Byers 2/12/14 (Thomas and Bonnie, PArtner at King and Spalding, Law 360, "Expect Trade Promotion Authority Bill to Pass")
There are a number of trade provisions that could attract democratic votes. One is
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work this out with his fellow Democrats. We believe that he will.
Capital is key to get a deal through
Atkinson 2/6/14 (Robert, The Huffington Post, President of the Information TEchnology and Innovation Foundation")
Judging by congressional reaction to the trade elements in the State of the Union,
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both in the United States and in our partner nations around the world.
Reforming US-Cuba trade laws cause fierce political fights
NY Times 12 (“Easing of Restraints in Cuba Renews Debate on U.S. Embargo”, November 19th, 2012, http://www.nytimes.com/2012/11/20/world/americas/changes-in-cuba-create-support-for-easing-embargo.html?pagewanted=alland_r=0)
And Cuba has a long history of tossing ice on warming relations. The latest
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reforms’ while, in reality, it’s tightening its grip on its people.”
TPA is key to major trade deals
Nawaguna, 12-10 -- Reuters staff Elvina, "U.S. Congress could OK trade promotion bill in early 2014, lawmaker says," Reuters, 12-10-13, www.reuters.com/article/2013/12/10/us-usa-trade-idUSBRE9B919020131210, accessed 1-3-14
The Obama administration has said it needs Congress to approve TPA, which would allow
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deal on the table without fearing that Congress could reopen and amend them.
Shaping TPP key to competitiveness
Schneider, 12-24 – Washington Post international economics correspondent
Howard, "Through trade treaty, U.S. hopes rules that favor its companies will become the norm," Washington Post, 12-24-13, www.washingtonpost.com/business/economy/through-trade-treaty-us-hopes-rules-that-favor-its-companies-will-become-the-norm/2013/12/24/d9057c68-6a6f-11e3-a0b9-249bbb34602c_story.html, accessed 1-3-14
Through trade treaty, U.S. hopes rules that favor its companies will become the norm
When Vietnamese officials issued new Internet rules this year, the U.S.
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rest of the world up to the level of the U.S.”
Competitiveness solves- no alt causes
Hubbard ’10 (Hegemonic Stability Theory: An Empirical Analysis By: Jesse Hubbard Jesse Hubbard Program Assistant at Open Society Foundations Washington, District Of Columbia International Affairs Previous National Democratic Institute (NDI), National Defense University, Office of Congressman Jim Himes Education PPE at University of Oxford, 2010
Regression analysis of this data shows that Pearson’s r-value is -.836.
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fearsome, but it is vulnerable to even a short blast of wind.
Framing
Fear motivates people to pursue constructive means to sustain peace and prevent large-scale conflict
Lifton 01– Distinguished Professor of Psychiatry and Psychology at John Jay College and the Graduate Center of the City University of New York – 20 (Robert Jay, World Policy Journal, “Illusions of the Second Nuclear Age,” Spring, v18n1)
The trouble is that in other ways the dangers associated with nuclear weapons are greater
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enormous potential suffering, the blunting of our ethical standards as human beings.
In the absence of the sort of threatening nuclear rhetoric the United States and Russia
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immovable--rather than technological instruments of genocide that we ourselves have created.
Try or die for our framework- util is inevitable
Green 02 (Assistant Professor Department of Psychology Harvard University, Joshua, November 2002 "The Terrible, Horrible, No Good, Very Bad Truth About Morality And What To Do About It", 314)
Some people who talk of balancing rights may think there is an algorithm for deciding
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represents is either dogmatic in an esoteric sort of way or covertly consequentialist.
The ballot should prefer the team that avoids the fastest internal link to extinction—their framework is politically disempowering and makes the worst types of impacts more likely
Bostrom 2 (Nick Bostrom, PhD and Professor at Oxford University, March, 2002 Journal of Evolution and Technology, vol 9 http://www.nickbostrom.com/existential/risks.html)
Previous sections have argued that the combined probability of the existential risks is very substantial
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just might be a tomorrow, especially if we play our cards right.
Nuclear war must be prohibited absolutely
Kateb, Professor of Politics at Princeton University, ‘92 (George, “The Inner Ocean” p 111-112)
Schell's work attempts to force on us an acknowledgment that sounds far-fetched and
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as morally allowed, perhaps enjoined, to take the appropriate preserving steps.
Utilitarianism is the only moral framework for making public decisions – it would be irresponsible for policymakers to sacrifice public good for individual morals
GOODIN 1995 (Robert E. Goodin, Professor of Social Sciences and Philosopher at the Research School of Social Sciences at Australian National University, Utilitarianism as a Public Philosophy, p. 8-10)
The strength of utilitarianism, the problem to which it is a truly compelling solution
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adays, anyway) a particularly attractive posture for public officials to adopt.