Author: The Archive (The Archive)

setting action wluch was used to legitimize the authority of thernWTO. The WTO appeals panel agreed with the United Statesrnthat the EPA regulation was made in pursuit of the legitimaterngoal of conservation, as defined under WTO rules. Yet, it stillrnrejected the regulation itself, arguing that the EPA could haverncome up with a better way of...

use, a system that allows full play to its considerable power asrnthe world’s largest economy to shape international trade to itsrnbenefit. But the Clinton administration surrendered this principlernby warmly embracing the creation of the WTO, revivingrna concept that had been moribund under the Reagan and Bushrnadministrations. It was an abrogation by the Clinton administrationrnof its...

The Hague TribunalrnBad Justice, Worse Politicsrnby Srdja TrifkovicrnAleksandr Solzhenitsyn once referred to the Cheka as “thernonly punitive organ in human history that combined inrnone set of hands investigation, arrest, interrogation, prosecution,rntrial, and execution of the verdict.” He was probably mistakenrnabout “human history,” but his anger was just. What hernchronicled was indefinite imprisonment without trial; investigationsrnand...

Iraqi cities. We know that the general strategic bombing policyrnof the Allies in 1942-45 was to terrorize urban centers. However,rnit may be years before we are told of the estimate for civilianrndeaths, in Hanoi in 1972, in Baghdad in 1991, or in thernBosnian Serb Republic in 1995; and there will be no trials of thernculprits.rnCompared...

The Albrights of this world have a different scenario inrnmind. They do not seek to delegitimize war crimes per se, butrnto enhance their power to decide what is a war crime on the basisrnof current political calculations. Applied in practice, itrnmeans that when Bosnian Muslims are shelled, driven fromrntheir homes, or murdered, they are seething...

that America remain the foremost economic power in thernworld. Thus the war in the Balkans evolved from a Yugoslavrndisaster and a European inconvenience into a major test ofrn”U.S. leadership.” This was made possible by a bogus consensusrnwhich passed for Europe’s Balkan policy. This consensus,rnamplified in the media, limited the scope for meaningful debate.rn”Europe” was thus...

right to appoint judges to the panel. Both countries have alsornbeen among the staunchest supporters of the Muslim side inrnBosnia ever since the beginning of the war, supplying it withrnweapons in violation of U.N. resolutions. The British journalistrnNora Beloff points out that such composition of The HaguernTribunal precludes it from meeting Western standards for anrnindependent...

The preamble to the 1948 U.N. Universal Declaration ofrnHuman Rights is more specific. It is applicable to “all membersrnof the human family . . . the aspiration of the common people”rnand “the peoples of the United Nations.” The significancernof a United Nations that is the representative assembly not ofrnnations but of the “human family” is...

Covenant shall extend to all parts of federal States without anyrnlimitations or exceptions.”rnIt was the clear intent of the drafters of the ICCPR and thernOptional Protocol to ensure injunctive relief against humanrnrights violations through domestic courts first and foremost,rnleaving open the option of international remedies if domesticrnlegal systems were to fail. In 1985, this intent...

Wright, the Court went the next logical step and freed the Presidentrnfrom dependency on the Senate. In U.S. v. Belmontrn(1937), the Court elevated executive agreements to the samernconstitutional Article VI status as treaties.rnThere are three avenues of influence over which U.N.-basedrnrights may be incorporated into American constitutionalrnlaw. First, the provisions may be deemed to be...

Judge Reinhardt is perhaps the most liberal judge on the federalrnbench. In a recent hont-page story in the Wall Street journal,rnJudge Alex Kozinski, a fellow Ninth Circuit judge and arnpowerful force in the federal judiciary, gave Judge Reinhardtrnthe dubious honor of being “probably the best lawyer we havernon the court…. He actually knows how to...

At its heart, the Equal Protection Clause of the 14thrnAmendment demands that states act reasonably when theyrnwant to treat one group of their citizens differently from another.rnThus, though it is fine for the state to allow only nonfelonsrnto purchase guns, the Equal Protection Clause would not allowrna state to prevent the sale of firearms to...

Understanding Poetry was dictated not byrna belief in the irrelevance of an author’srnlife but simply by considerations ofrnspace. He seems genuinely amazed thatrnhis younger colleague at Yale, HaroldrnBloom, could have based a whole criticalrnmethod on an Oedipal “anxiety of influence.”rnThe typical poet. Brooks notes,rn”is not so much concerned to slay his literaryrnfather as to commit...

thinkable a few decades ago. If shoutingrna racial epithet denoted a “hate crime,”rnhow many million such crimes occurredrnin 1930, compared to the few hundredrnprecisely recorded by today’s bureaucrats?rnThe clearest evidence of such arnracial sea-change came last year, with thernabsurd outcome of the O.J. Simpsonrncase. While local authorities were gearingrnup for a black uprising in the...

Principalities & Powersrnby Samuel FrancisrnRepublicans and RealrnFederalismrnWith all the febrile ebullience of a rerunrnof a 1950’s sitcom, the Republican Partyrnwill descend upon San Diego determinedrnto efface any evidence that PatrnBuchanan ever existed and committedrnto staging the miraculous spectacle of arnpolitical convention without any politics.rnYet most Republicans, whether or notrnthey are present at the convention, willrnfind...

so it essentially ratifies, or acknowledgesrnthe legitimacy of, the many usurpationsrnof states’ rights that the Court has imposed.rnSince the 1920’s, and especially sincernthe Warren era, the Court has relied uponrnthe fiction that the 14th Amendmentrn”incorporates” the restrictions on thernfederal government contained in the Billrnof Rights and allows the Court to strikerndown anv and all state...

CORRESPONDENCErnForeignrnCorrespondencesrnby William MillsrnA Jug of Wine,rnA New Zealand TroutrnWith Missouri frozen solid for twornFebruary weeks in a row, naturally one’srnthoughts turn to the Southern Hemisphere.rnThere were some hot spots inrnour beloved country even this winter—-rnMiz Hillary was testifying before a federalrngrand jury, the Rose Law Firm wasrnsmoking, and Mr. Starr was building arnfew fires of...

recommended Bay of Islands region severalrnhours north of Auckland, I headedrnsouth along the main Highway 1,rnthrough Hamilton and on to the largestrnlake in New Zealand and the center ofrnNorth Island, Lake Taupo. On the way Irnobserved what was to be confirmedrneverywhere I went in the country, thatrnKiwis are consummate stock raisersrnand farmers. Like their ancestors...

gets its name from the big time air currentsrnfunneled through the strait, but ofrncourse Parliament is there, too. At thernlanding approach, we hit the deepest airrnpocket I’ve ever experienced.rn1 had hoped to rent a car here, but thernBlenheim Wine Festival was going onrnand there was not a car to be had. I tookrnthe bus to...

about for a place to emigrate, get a copyrnof NZ’s Self-Assessment Guide for residency.rnAcceptance for residency is basedrnon a points system which considers educationrn(12 years of schooling equals twornpoints, for example, postgraduate degree,rn15), work experience, age, and otherrnsettlement factors. One must have atrnleast 21 points under what is termed thernGeneral Category. There is also a...

violent attacks into misdemeanors or norncrimes at all. At the other extreme, onrnJanuary 29, Newsday’s Leonard Levittrncharged that the city had failed to discloserna recent double-rape, a shootingrnhomicide, and the fatal shooting of arncar thief by a cop. Such nondisclosuresrnmesh with my own experience of arnshooting that officially never occurredrnon the A train last December...

Sentencing Project in 1995, 32 percentrnof black men ages 20-29 were eitherrnin jail, or on probation or parole—rnnot counting those convicts who hadrnfinished their sentences. In areas suchrnas Brooklyn’s East New York, Bedford-rnStuyvesant, and Brownsville, andrnQueens’ Far Rockaway, the number topsrn50 percent. However, white QueensrnCollege sociologist Andrew Hacker urgesrnblack men to perpetrate more violentrncrimes against...

VITAL SIGNSrnMEDIArnThe Media War inrnthe Balkansrnby Russell GordonrnMembers of the international pressrncorps, particularly photojournalists,rnoften define themselves as “objectivernobservers,” not participants or instrumentsrnin a conflict, just witnesses.rnBut as the events in the Balkans havernshown, this has not always been the case.rnFor five years the West has beenrnbombarded with images of brutality inrnthe Balkans, most of it...

– ^ hnonlcles H C ( I C > f ( U l l U l t frn($47.40, by single copy)rnD Payment enclosed • Bill me laterrn• I prefer to save even more. Send me 2 years ofrnChronicles for only $68.00. Canadian and Foreignrnorders add $12 per year, payable in U.S. funds only.rnPlease allow 4-6...

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The constant Serb shelling and snipingrnof Sarajevo was brutal, and inhuman.rnSo was the Muslim government’srnshelling and sniping of Serb suburbs, arnprovocation which was often overlooked.rnOn the other side of any frontline arearnaround Sarajevo, countless Serb civiliansrnhave had family members killed byrnsnipers or mortars. Along the famousrnKasindolska Street, the vast majority ofrnSerbs I spoke with had...

RELIGIONrnLiberals RediscoverrnReligion—^Againrnby Alan Pell CrawfordrnThose earnest “neoliberals” at thernWashington Monthly have againrngotten religion, which, every few years,rnseems to be their wont. The putativernconvert this time is Amy Waldman, whornwrites that the left (her term) has needlesslyrnneglected to “draw on a religiousrntradition” when trying to persuade othersrnto support its political program. Thernrest of Ms. Waldman’s argument,...

Christianity and not Christianity for thernsake of them. Christianity will indeedrnaccomplish many useful things in thisrnworld, but if it is accepted in order to accomplishrnthose useful things, it is notrnChristianity.”rnMs. Waldman, of course, does notrneven ask us to “accept” Christianity orrnany other faith—only to appear to acceptrnreligion to advance her dubious neoliberalrnnostrums. She calls on...

to remain in North America, there wasrnstill an element of separatism in theirrnthinking. Booker T. Washington, thernundisputed leader of the black communityrnat the time, declared that the racesrncould be “as separate as the hngers” in arnsystem that accorded blacks equal treatmentrnin their legal relations in the privaterneconomy.rnOther blacks and white progressivesrntried to supplant separatist tendency...

era. By ignoring the needs of both whitesrnand blacks to preserve their uniquerncultures, policymakers threaten bothrngroups. Blacks, however, will stand uprnand defend their institutions, whilernwhites sit passively by.rnOne hundred years after the muchmalignedrnPlessy decision, black nationalismrnis as strong as ever. Whites, on thernother hand, do little more than mumblernplatitudes about a nation dedicated to arnproposition...

would be demoted to “feelings aboutrnvalues” which are neither true or falsernbut relative to time, place, and culture.rnThe conclusion of all this is that justice isrnthe advantage of the stronger.rnThe formulation of this is found inrnthe objections to justice of Glaucon andrnAdeimantus in Book II of Plato’s Republic.rnBriefly stated, their argument is thatrnjustice is merely...

The Hundredth Meridianrnby Chilton Williamson, Jr.rnSpring, Like a LionrnThe cloud was no bigger than a puff ofrnwhite smoke above the western horizonrnat a point equidistant between thernHenry Mountains and the Book Cliffs, Itrnwas a nice cloud, a point of interest in anrnotherwise banal skv, soft blue palingrnaround the edges. I tamped down therncookfire I had...

he jumped him in the playground andrnFred, by a stroke of luck, managed to getrnthe advantage. He knocked the boyrnagainst a wall and began to kick him inrnthe groin and around the face. By therntime they pulled Fred off the kid was arncandidate for the hospital, and the principalrnsummoned Fred to his office. Thernprincipal was...

Why ArernCatholicsrnAfraidrnTo Be Catholic?rnThe Vatican thunders against abortion, tyrants,rnillicit sex, consumerism, dissenting theologians,rndisobedient priests and nuns, and more. Butrnwalk into your average parish. Where’s the beef?rnWe get crumbs — and platitudes. We don’t hearrnmuch, if anything, about the Church’s teachingsrnon abortion, euthanasia, homosexuality, pre-maritalrnsex, pornography, the indissolubility of marriagern— “too controversial.” Birth control andrnHell are...

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EDITORrnThomas FlemingrnMANAGING EDITORrnTheodore PappasrnSENIOR EDITOR, BOOKSrnChilton Williamson, Jr.rnEDITORIAL ASSISTANTrnMichael WashburnrnART DIRECTORrnAnna Mycek-WodeckirnCONTRIBUTING EDITORSrnHarold O./. Brown, Katherine Dalton,rnSamuel Francis, George Garrett,rnChristine Haynes, E. Christian Kopff,rnj.O. Tate, Clyde WilsonrnCORRESPONDING EDITORSrnBill Kauffman, William Mills,rn]acob Neusner, John Shelton Reed,rnMomcilo SelicrnEDITORIAL SECRETARYrnLeann DobbsrnPUBLISHERrnAllan C. CarlsonrnPUBLICATION DIRECTORrnGuy C. ReffettrnPRODUCTION SECRETARYrnAnita CandyrnCIRCULATION MANAGERrnRochelle FrankrnA publication of The Rockford Institute.rnEditorial and Advertising Offices:rn934...

And of course, in their determinationrnto prove me a “white supremacist,” bothrnChavez and Forster neglect to cite my explicitrndisavowal of white supremacy inrnthe American Renaissance article, a disavowalrnthat I quoted in my letter to thernjournal of December 20. That too is arnpart of the “rest of the story” Chavezrnwould prefer the reader not hear. Thern”reconquest”...

CULTURAL REVOLUTIONSrnHOLLAND has a dirty little secret. Inrnthe North Sea resort of Scheveningen,rnthere is a prison where you can be indefinitelyrnincarcerated without trial, orrnwhere you can be delivered on the ordersrnof an ad hoc “court” that sometimes issuesrnwarrants only after politically motivatedrnarrests have been made. The courtrnis ten miles away, in The Hague, and itrngoes...

justify the release of a real, full-bloodedrnwar criminal.rnL’affaire Djukic is more than just a reminderrnof the travesty of justice going onrnin The Hague. A dangerous precedentrnin positive international law has beenrncreated, too, and a thorough revision ofrnthe U.N. Charter has been effected. ThernHague may yet prove to be a step towardrnthe globalist dream of a...

PERSPECTIVErnVirtual Democracyrnby Thomas FlemingrnDittoheads were depressed at the end of April, when RushrnLimbaugh announced his “trial separation from the RepublicanrnParty.” As in so many divorce cases, the charge was infidelity:rnthe GOP had caved in on the minimum wage. Evenrnthough a good moral case might be made for the concept of arnliving wage, there is a...

claims against the purse of their fellow subjects. Since a full lifernincludes the possibility of achieving one’s ambitions withoutrnthe hindrances that are presented by entrenched social classes,rnthen the right to lead a full life cannot be exercised without arnminimum level of subsistence, medical attention, and education.rnReal liberty, in other words, requires socialism.rnIf negative liberties, like...

Nonetheless, what is most striking about Athens is not whatrnthe commonwealth could do (or even how it did it), but whatrnit could not do, especially if she is compared with democraticrnregimes since the French Revolution—governments that redistributedrnwealth, subverted religion, and interfered in privaternand domestic life.rnThis generalization requires some justification. Accordingrnto Thucydides’ Pericles, it was an...