The 912 Project-Nebraska Message Board › Families UN Convention Rights of Persons with Disabilities (CRPD).

Families UN Convention Rights of Persons with Disabilities (CRPD). PLease call to Stop This Treaty Urgent

Darlene E.
user 14539080
Omaha, NE
Post #: 344
This treaty is quietly being pushed for ratification in the senate.
Darlene E.
user 14539080
Omaha, NE
Post #: 345
American Sovereignty and Its Enemies


The George Zimmerman saga came to an end last weekend when a jury of six Florida women found the neighborhood-watch captain not guilty in the shooting death of Trayvon Martin. But even before the 15-month legal process had begun last year, the United Nations' top human-rights official had rendered a guilty verdict—against Mr. Zimmerman and the entire U.S. judicial system.

"Justice must be done for the victim," said U.N. High Commissioner for Human Rights Navi Pillay at an April 2012 press conference. "It's not just this individual case. It calls into question the delivery of justice in all situations like this. . . . I will be awaiting an investigation and prosecution and trial and of course reparations for the victims concerned."

Ken Fallin
Americans who ran across her statement may have dismissed Ms. Pillay as another U.N. busybody pestering the world's leading democracy. But former Sen. Jon Kyl thinks there is something more pernicious at work: Such comments express the desire, and growing power, of a global progressive elite to pierce the shield of U.S. sovereignty and influence the outcomes of the country's domestic debates.

Proponents call this movement "legal transnationalism," and as Mr. Kyl writes in a recent Foreign Affairs magazine article (co-authored with Douglas Feith and John Fonte of the Hudson Institute), "the idea that a U.N. official can sit in judgment of the U.S." is one of its main innovations. Transnationalists want to rewrite the laws of war, do away with the death penalty, restrict gun rights and much more—all without having to win popular majorities or heed American constitutional limits. And these advocates are making major strides under an Obama administration that is itself a hotbed of transnational legal thinking.

"Transnationalists are a group of people who are convinced they are right about important issues," Mr. Kyl says as we sit down for a chat at the plush Washington office of the law firm Covington & Burling, where the 71-year-old Arizona Republican has served as an adviser since leaving the Senate in January. "But they are in too much of a hurry to mess with the difficulties of representative government to get their agenda adopted into law—or they know they can't win democratically. So they look for a way around representative government."

Mr. Kyl knows something about representative government. After a four-term stint in the House, he entered the Senate in 1995 and quickly emerged as a serious thinker on defense matters. In 1999, armed with his collegial, unassuming personality and substantive knowledge, he led Senate GOP opposition to the Comprehensive Test Ban Treaty. The treaty's ultimate goal, he charged at the time, was "total nuclear disarmament," an effort by U.S. adversaries and global arms-controllers to defang America's nuclear deterrent.

Assistant books editor Sohrab Ahmari on Jesse Jackson’s call for the U.N. to investigate whether the Trayvon Martin case violated international human-rights laws. Photo credit: Getty Images.

Take Cedaw. If the Senate ever ratifies this piece of "1970s feminism preserved in diplomatic amber," as one commentator described the treaty, the U.S. would become subject to oversight by a Geneva-based committee that requires signatory states to, among other things, "achieve a balance between men and women holding publicly elected positions"; "ensure that media respect women and promote respect for women"; and "modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of . . . stereotyped roles for men and women."

Would cooking TV shows hosted by female chefs survive Cedaw? How about Philip Roth novels?

Wiping out undesirable patterns of thought may be an easy proposition for illiberal regimes, but not for a constitutional republic. Says Mr. Kyl: "Once you have ceded authority to an external body to make decisions, our theory of government—accountability in officials, consent of the governed—is very difficult to uphold. So you want to give up sovereignty sparingly and only when there is a clear benefit to doing so. I'm not saying the Senate should never ratify a treaty on behalf of the people, but I'm saying it should take the responsibility very seriously."

To be clear, transnationalism isn't a conspiratorial enterprise. In the legal academy, its advocates have openly stated their aims and means. "International law now seeks to influence political outcomes within sovereign States," Anne-Marie Slaughter, then dean of Princeton's public-affairs school, wrote in an influential 2007 essay. International law, she went on, must expand to include "domestic choices previously left to the determination of national political processes" and be able to "alter domestic politics."

The preferred entry point for importing foreign norms into American law is the U.S. court system. The Yale Law School scholar Howard Koh, a transnationalist advocate, has written that "domestic courts must play a key role in coordinating U.S. domestic constitutional rules with rules of foreign and international law." Over the past two decades, activist judges have increasingly cited "evolving" international standards to overturn state laws, and Mr. Koh has suggested that foreign norms can be "downloaded" into American law in this manner.

Academic transnationalists insist that their work merely extends the customary law of nations that has governed relations between sovereign powers since Roman times. They note that the Declaration of Independence calls for "a decent respect for the opinions of mankind." And they cite Chief Justice John Marshall's 1815 holding that American courts are "bound by the law of nations which is part of the law of the land."

But customary international law is nothing like transnational law. "It's really in the last decade or two," Mr. Kyl notes, "that the subject of a treaty hasn't been an agreement between two sovereign states but rather between the people of one country and their own government."

Another innovation has been the elevation of progressive norms, like Cedaw's prohibition of gender stereotyping in the media, to the status of customary international law. Previously a widespread state practice—for example, the ancient prohibition against harming ambassadors—would take centuries to earn the status of customary international law.

"But transnational law says a rule doesn't have to be in existence very long," Mr. Kyl says. "And it doesn't have to be demonstrated by countries through their actions. You simply have to have well-meaning people talking about it."

Cedaw, it should be noted, has been ratified by China, Saudi Arabia and Egypt, among other regimes with abhorrent women's-rights records. Yet transnationalists are fond of pointing out all of the areas where America supposedly lags the global gold standard: from the death penalty to state prohibitions on gay marriage.

Read full article here:­
Darlene E.
user 14539080
Omaha, NE
Post #: 424
This treaty is being voted on Tuesday to be moved out of committee, please call your Senator and tell him to vote no Please call and tell your senators to vote no on CRPD a vote is expected on Tuesday­
Powered by mvnForum

Our Sponsors

People in this
Meetup are also in:

Sign up

Meetup members, Log in

By clicking "Sign up" or "Sign up using Facebook", you confirm that you accept our Terms of Service & Privacy Policy