Tournament: Monticello | Round: 2 | Opponent: LRCH Carrol-Tran | Judge:
Plan: The federal judiciary should strike down the Cuban embargo on the grounds that it violates customary international law because it violates Cuba’s right to development
Contention 1 is International Law
The Cuban embargo violates international law because it undermines Cuba’s right to development:
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
Judicial incorporation of customary international law will be perceived and modeled—this leads to the bolstering of international law:
Douglas Sylvester, 1994 professor of law at the Sandra Day Oand#39;Connor College of Law at Arizona State University, Spring, 1994, 42 Buffalo L. Rev. 555, Lexis
The Cuban embargo is key: resolving the tension of international law with the embargo is crucial to demonstrate to the world the US commitment to take international law seriously:
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
3 Scenarios –
First is Disease
(--) International law is key to solving disease:
David P. Fidler, 2003 (“Emerging Trends in International Law Concerning Global Infectious Disease Control,” http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2958540/, accessed 7/23/2013, rwg)
Diseases risk extinction:
The Scotsman, 9/11/1995 (“The mega death,” Lexis)
Second is Warming
(--) Warming is real and happening now—overwhelming scientific consensus
Clement 11 (Megan, editor of the Conversation, an Australian Education News Site, “Climate change is real: an open letter from the scientific community 6/14/
,” http://theconversation.edu.au/climate-change-is-real-an-open-letter-from-the-scientific-community-1808, AM) *Clement didn’t write the article—it’s written by the signatories in the bottom 2/3 of the card.
Effective international law solves warming and multiple scenarios for nuclear war:
IEER 2
Institute for Energy and Environmental Research and the Lawyers Committee on Nuclear Policy, Rule of Power or Rule of Law? An Assessment of U.S. Policies and Actions Regarding Security-Related Treaties, May, http://www.ieer.org/reports/treaties/execsumm.pdf
Warming causes human extinction
Tickell, 2008 (8-11-2008, Oliver, Climate Researcher, The Gaurdian, “On a planet 4C hotter, all we can prepare for is extinction”, http://www.guardian.co.uk/commentisfree/2008/aug/11/climatechange)
Third is the Syrian Conflict
(--) Binding ourselves to international law keeps the US out of the Syrian Conflict
Kovalik 9-3 (Dan Kovalik is a human and labor rights lawyer living in Pittsburgh. He has been a peace activist throughout his life and has been deeply involved in the movement for peace and social justice in Colombia and Central America. http://www.huffingtonpost.com/dan-kovalik/us-attack-on-syria-would-_b_3859812.html)
Syrian intervention causes chemical weapon attacks, middle east instability, Iran prolif, ethnic cleansing, and US- Russia proxy wars- all escalate to nuclear conflict
Strauss, 12 (Steve, Advanced leadership fellow Harvard University, “Ten Reasons We Should Be Cautious About Military Intervention in Syria“¨, 6-9-12, , http://www.huffingtonpost.com/steven-strauss/nine-reasons-we-should-be-cautious_b_1583732.html=
Contention 2 is Soft Power
American soft power is collapsing due to baseless and hypocritical policies like the Cuba embargo-~-- The aff solves the key internal link
Perez 2010 (David A. Perex, J.D. Yale Law Schoo, “Americaand#39;s Cuba Policy: The Way Forward: A Policy Recommendation for the U.S. State Department,” Spring, 2010, Harvard Latino Law Review, Lexis)
Soft power solves laundry list of global problems and is necessary to sustain American primacy
Lagon 2011 (Mark P. Lagon, International Relations and Security Chair at Georgetown Universityand#39;s Master of Science in Foreign Service Program and adjunct senior fellow at the Council on Foreign Relations, September/October 2011, “The Value of Values: Soft Power Under Obama,” World Affairs Journal, http://www.worldaffairsjournal.org/article/value-values-soft-power-under-obama)
Soft power is key to leadership-~-- legitimizes hard power and increases influence
Nye 2002 (Joseph S. Nve, Former Assistant Secretary of Defense and Dean of Harvard Universityand#39;s John F. Kennedy School of Government, The Paradox of American Power: Why the Worldand#39;s Only Superpower Canand#39;t Go It Alone, p. 9-10, Google Books)
Hard power is insufficient
Gallarotti 2013 (Giulio Gallarotti, Professor of Government Wesleyan University Department of Government John Andrus Center for Public Affairs, February 12, 2013, “Smart Power: what it is, why it’s important, and the conditions for its effective use,” Wesleyan University, google)
U.S. hegemony prevents global war, arms races and genocides*
Thayer 2007 Bradley A. Thayer (Associate Professor in the Dept. of Defense and Strategic Studies at Missouri State University) 2007 American Empire: A Debate, “Reply to Christopher Layne” p 108
Contention 3 is Solvency:
(--) The Supreme Court should strike down all provisions of the Cuban embargo which undermine Cuba’s right to develop:
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
The Supreme Court has the constitutional authority to strike down the Cuban embargo:
BENJAMIN MANCHAK, 2010 (staff writer, Boston College Third World Law Journal, “NOTE: COMPREHENSIVE ECONOMIC SANCTIONS, THE RIGHT TO DEVELOPMENT, AND CONSTITUTIONALLY IMPERMISSIBLE VIOLATIONS OF INTERNATIONAL LAW,” 30 B.C. Third World L.J. 417, Lexis, Accessed 2/24/2013, rwg)
Plan spills over
LUÍS ROBERTO BARROSO, 2012 (Professor of Constitutional Law, Rio de Janeiro State University, Spring, 2012, Boston College International and Comparative Law Review, 35 B.C. Intand#39;l and Comp. L. Rev. 331, L/N, “HERE, THERE, AND EVERYWHERE: HUMAN DIGNITY IN CONTEMPORARY LAW AND IN THE TRANSNATIONAL DISCOURSE,” rwg)