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The Iran ‘deal’ is not a treaty

The following exchange between US Secretary of State John Kerry and US House Member Reid Ribble clarifies the legal status of the much-debated accord:

 

 

REP. REID RIBBLE: For 228 years, the Constitution allowed treaties to [pass] with the advice and consent of 67 U.S. Senators. Why is this not considered a treaty?

SECRETARY OF STATE JOHN KERRY: Well Congressman, I spent quite a few years trying to get a lot of treaties through the United States Senate, and it has become physically impossible.

That’s why. Because you can’t pass a treaty anymore. It has become impossible to schedule, to pass, and I sat there leading the charge on the Disabilities Treaty which fell to basically ideology and politics. So I think that is the reason why.


The legal status of the instrument is mostly revealed in its actual wording. How to differentiate between a binding (treaty) and non-binding instrument is discussed at length in EUCLID’s recent textbook entitled “Binding and Non-Binding…”

 

Zainab Bangura Profile


On 22 June 2012, United Nations Secretary-General Ban Ki-moon announced the appointment of Zainab Hawa Bangura of Sierra Leone as his Special Representative on Sexual Violence in Conflict at the level of Under-Secretary-General. Ms. Bangura replaces Margot Wallström, to whom the Secretary-General is grateful for her dedicated service and able leadership in achieving milestones within a challenging mandate.

Prior to this, Ms. Bangura was the Minister of Health and Sanitation for the Government of Sierra Leone, and brings to the position over 20 years of policy, diplomatic and practical experience in the field of governance, conflict resolution and reconciliation in Africa. She was previously the second female Minister of Foreign Affairs and International Cooperation, including Chief Adviser and Spokesperson of the President on bilateral and international issues. Ms. Bangura has been instrumental in developing national programmes on affordable health, advocating for the elimination of genital mutilation, managing the country’s Peace Building Commission and contributing to the multilateral and bilateral relations with the international community. She is experienced in meeting with interlocutors in diverse situations, including rebel groups, and familiar in dealing with State and non-State actors relevant to issues of sexual violence while fighting corruption and impunity.

Ms. Bangura has on-the-ground experience with peacekeeping operations from within the United Nations Mission in Liberia (UNMIL), where she was responsible for the management of the largest civilian component of the Mission, including promoting capacity-building of government institutions and community reconciliation. She is an experienced results-driven civil society, human and women’s rights campaigner and democracy activist, notably as Executive Director of the National Accountability Groups, Chair and Co-founder of the Movement for Progress Party of Sierra Leone, as well as Coordinator and Co-founder of the Campaign for Good Governance.

Ms. Bangura is a former fellow of the Chartered Insurance Institute of London, possessing Diplomas in Insurance Management from the City University Business School of London and Nottingham University. She received her Bachelor of Arts from the Fourah Bay College, University of Sierra Leone.

Born in 1959, Ms. Bangura is married with two children.

Sam Kutesa Profile


 

Sam Kahamba Kutesa was elected President of the United Nations General Assembly’s sixty-ninth session on 11 June 2014. At the time of his election, he was serving as Uganda’s Minister for Foreign Affairs, a post he held since 2005.

H.E. Mr. Sam Kutesa

A lawyer, parliamentarian and businessman, Mr. Kutesa brings to the position wide-ranging experience in international affairs. During his tenure as Foreign Minister, Uganda has hosted high-level meetings of key intergovernmental bodies such as the Commonwealth Heads of Government Summit in 2007, the Council of Ministers of the Organisation of Islamic Cooperation (OIC) in 2008, and the African Union (AU) Heads of State Summit in 2010. Uganda also served its two-year term on the UN Security Council as a non-permanent member, in 2009 and 2010.

At the regional and subregional levels, Mr. Kutesa has hosted top-level gatherings of organizations such as the East African Community (EAC), the Common Market for Eastern and Southern Africa (COMESA) and the International Conference on the Great Lakes Region (ICGLR). From 2011 to 2014, he chaired the ICGLR’s Regional Inter-Ministerial Committee which deals with challenges such as consolidating peace and stability in eastern Democratic Republic of the Congo (DRC), promoting transparency in the exploitation and sale of natural resources, and countering sexual and gender-based violence.

As Foreign Minister, Mr. Kutesa has played a key role in the Inter-Governmental Authority on Development (IGAD), in regional peace processes in the Sudan and South Sudan, and in stabilization efforts in Somalia. Further, during his tenure, the East African Community, to which Uganda belongs, has achieved significant milestones in strengthening regional cooperation and economic integration, establishing a Customs Union in 2005 and a Common Market in 2010, and signing, in 2013, a protocol laying the groundwork for a monetary union in the region by 2023, to increase commerce and boost regional trade.

An elected Member of Parliament for more than three decades, Mr. Kutesa was a member of Uganda’s Constituent Assembly and Chairman of that body’s Political Systems Committee, during which time he contributed to drafting a new Constitution for the country, adopted in 1995. From 2001 through 2005, he served as Minister of State for Finance, Planning and Economic Development, in charge of investment, and from 1996 to 2000, as Minister of State for Planning and Economic Development. He was his country’s Attorney General from 1985 to 1986.

In the private sector, Mr. Kutesa worked as Legal Secretary for the worldwide conglomerate Lonrho East Africa, and served in a consultative capacity on the Uganda Advisory Board of Trade, and on the National Textiles Board. He also practiced law in his country, specializing in corporate law and litigation.

Born in Uganda on 1 February 1949, Mr. Kutesa holds an Honours Degree in Law from Makerere University and is an advocate of the High Court of Uganda, having completed post-graduate studies in legal practice at the Uganda Law Development Centre. He is married with six children.


 

EUCLID publishes new book on Treaty Law

EUCLID publishes “Binding and Non-Binding Instruments in Intergovernmental Relations” guidebook for diplomats and international relations scholars

EUCLID released today the first edition of its much-anticipated practical and scholarly handbook on binding and non-binding instruments in the context of heightened interest in this issue, for instance in light of the recent Joint Comprehensive Plan of Action between the P5+1 and Iran (photo on cover). Four EUCLID faculty members have collaborated to make this project and important contribution possible.

The 190 page book is available on Amazon.com in Kindle and 6×9 print format.

– See more at: http://www.euclid.int/#sthash.Yh04Cv2O.dpuf