Analyzing the Viability of the Proposed Treaty: Legal Perspectives and Potential Challenges

by | Apr 30, 2024 | International Relations

The Special Representative of the United Nations Secretary-General has proposed a treaty that has the United States, all European Union states, Ukraine, and Russia as prospective parties. The treaty provides for
• a year-long cease-fire covering the provinces that Russia has claimed that it has annexed, and fighting between Ukraine and Russia remains intense in those areas;
• an end to all weapons supplies and other military support from outside actors;
• all disputes over the treaty and the disputed areas to be adjudicated through the International

Court of Justice (ICJ). The United States has withdrawn its acceptance of the “optional clause,” and all the other states have attached reservations to the ICJ Statute that are the same as the French one in the Case of Certain Norwegian Loans.
• The treaty enters into force with the ratification of all prospective parties.

As Legal Advisor to the US State Department, Secretary Antony Blinken has asked you to identify all relevant developments in which (1) the proposed agreement might never happen and (2) those that would lead the agreement to fall apart after it takes effect.

Using the international legal rules on treaties (and any material covered through IIC1 on the course syllabus) focus on how various changes, events, or decisions affect the legal status of the agreement these scenarios (e.g., one side violates the treaty) might be political or legal, but only consider those with possible legal effects on the proposed agreement.

Sample solution

Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell. 

In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.


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God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.

Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.

To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.

 

References

Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.

Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.

Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.

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Analyzing the Viability of the Proposed Treaty: Legal Perspectives and Potential Challenges

As Legal Advisor to the US State Department, Secretary Antony Blinken has tasked us with identifying relevant developments that may impact the proposed treaty involving the United States, European Union states, Ukraine, and Russia. By applying international legal rules on treaties and examining potential scenarios that could affect the legal status of the agreement, we can assess both the likelihood of the treaty coming into effect and the factors that could lead to its collapse post-ratification.

Possible Scenarios Preventing the Treaty from Coming into Effect:

1. Failure to Ratify by All Prospective Parties:

If any of the prospective parties, including the United States, European Union states, Ukraine, or Russia, fail to ratify the treaty, it will not enter into force. Ratification is a crucial step in international treaty law, as it signifies a state’s formal consent to be bound by the treaty’s provisions.

2. Non-Compliance with Treaty Provisions:

If one or more parties fail to adhere to the terms of the treaty, such as continuing military support or violating the cease-fire agreement in the disputed provinces, it can lead to disputes and potential legal ramifications. Non-compliance with treaty obligations undermines the credibility and effectiveness of the agreement.

3. Withdrawal of Acceptance of Optional Clause by the United States:

The United States’ withdrawal of acceptance of the optional clause under Article 36(2) of the ICJ Statute may limit the jurisdiction of the International Court of Justice (ICJ) to adjudicate disputes arising from the treaty. This could impede the resolution of conflicts through international legal mechanisms.

Potential Scenarios Leading to the Collapse of the Treaty After Entry into Force:

1. Disputes over ICJ Reservations:

If disputes arise over the reservations attached to the ICJ Statute by all parties, particularly if they conflict with each other or impede the ICJ’s jurisdiction, it could undermine the effectiveness of using the ICJ as a dispute resolution mechanism. Inconsistent reservations may lead to legal complexities and challenges in adjudicating disputes.

2. Violations of Cease-Fire and Military Support Bans:

Persistent violations of the cease-fire agreement or resumption of weapons supplies and military support from external actors despite treaty obligations can result in a breakdown of trust among parties and erode the foundation of the treaty. Violations of key provisions undermine the integrity and sustainability of the agreement.

3. Challenges with Adjudication through ICJ:

If disputes over the treaty or disputed areas are not effectively resolved through the ICJ due to procedural hurdles, delays in proceedings, or lack of cooperation from parties, it may diminish confidence in the ICJ’s ability to arbitrate complex international disputes. Inadequate adjudication mechanisms can impede conflict resolution efforts.

Conclusion

In assessing the viability of the proposed treaty involving the United States, European Union states, Ukraine, and Russia, it is essential to consider potential developments that may impact its formation and sustainability. By focusing on legal implications such as ratification, compliance with treaty provisions, jurisdictional limitations regarding the ICJ, and challenges in dispute resolution, we can anticipate scenarios that may hinder the treaty’s effectiveness or lead to its collapse post-ratification.

As Legal Advisor to Secretary Antony Blinken, a thorough analysis of these legal scenarios and their implications is crucial for informing diplomatic strategies, addressing potential obstacles, and advocating for legal frameworks that promote international cooperation and conflict resolution. By navigating these complex legal dynamics and anticipating challenges, policymakers can work towards fostering peace, stability, and adherence to international law in resolving conflicts and upholding global security.

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