
What actually occurs in our minds when we use language with the intention of meaning something by it? What is the relation subsisting between thoughts, words, or sentences, and that which they refer to or mean? What relation must one fact (such as a sentence) have to another in order to be capable of being a symbol for that other? Using sentences so as to convey truth rather than falsehood?
Tuesday, 22 March 2011
PROTESTING THE LAW

Monday, 21 March 2011
CODES AND THE RULE OF LAW

t was drafted rapidly by a commission of four eminent jurists and entered into force on
21st March 1804 when Bonaparte was still First Consul of France. On the 9th November 1799 (18 Brumaire) he seized power, overthrew the government, replaced the Directory with the Consulate with himself as First Consul. He did not declare himself Emperor until December 1804.
The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified. It was the first modern legal code to be adopted with a pan-European scope and it strongly influenced the law of many of the countries formed during and after the Napoleonic Wars. The Code, with its stress on clearly written and accessible law, was a major step in replacing the previous patchwork of feudal laws.
The preliminary article of the Code established certain important provisions regarding the rule of law. Laws could be applied only if they had been duly promulgated, and only if they had been published officially (including provisions for publishing delays, given the means of communication available at the time); thus no secret laws were authorised. It prohibited ex post facto laws (i.e., laws that apply to events that occurred before them). The code also prohibited judges from refusing justice on grounds of insufficiency of the law—therefore encouraging them to interpret the law. On the other hand, it prohibited judges from passing general judgments of a legislative value.
With regard to family, the Code established the supremacy of the husband with respect to the wife and children; this was the general legal situation in Europe at the time. It did, however, allow divorce on liberal basis compared to other European countries, including divorce by mutual consent. In any event not a very feminist view of legislation, but it was what was prevalent in 1804.
What strikes me most is the prohibition of laws applying to events that occur before the law is put in place. The United Nations Security Council is charged with the maintenance of international peace and security. Its powers include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorisation of military action. The Council therefore, produces resolutions to make its decisions legal and enforceable across the world, and in particular in those member countries, signatories to the United Nations Charter. The need for a UNSC resolution is, in theory, based on global events that have already occurred. I submit then that any legal sanction put in place after these events is ex post facto. The wording and intent of each resolution is based on the desires of certain influential nations. Those influential nations can push through a resolution in order to give whatever action they propose taking, or policy they seek to put in place, the force of law.
The western powers were chomping at the bit to move against Libya. Egypt was merely observed and commented upon. Other disturbances in the area similarly observed, but the minute Libya came into play 'no fly zones' were flying around the place. The UNSC was called into action and the law was put into place. Some would say they did not act quickly enough; however, it takes a little while to muster support and push through a resolution. The more people on side at the start, the easier it is. Also, there is the matter of the Veto power of the five permanent members. Those, not necessarily in agreement have to be persuaded to abstain rather than say no, so it can take a little time to get going; but, get going it did.
I find the business of resolutions necessary but at the same time there is something uncomfortable about the manner in which they are brought about. In my view, it does not sit well with the rules of natural justice; however, I am often wrong and out of touch. In any event Napoleon Sarkozy doesn't see any problem in terms of the
Code Napoléon 207 years old today. Happy Birthday Le Code.
Sunday, 20 March 2011
WHAT PART OF CEASEFIRE DOES THE WEST NOT UNDERSTAND?
Saturday, 19 March 2011
AND SO IT BEGINS


Friday, 18 March 2011
REASON AND RESOLUTION
The Organization of the Petroleum Exporting Countries (OPEC) consisted of twelve countries, including Iran, seven Arab countries, plus Indonesia, Nigeria, Ghana and Venezuela. OPEC had been formed on 14th September 1960 to protest pressure by major oil companies (mostly owned by U.S., British, and Dutch nationals) to reduce oil prices and payments to producers. At first it had operated as an informal bargaining unit for the sale of oil by third world nations. It confined its activities to gaining a larger share of the revenues produced by Western oil companies and greater control over the levels of production. However, in the early 1970s things began to change. Here is a brief chronology of events:
23 August 1973 - In preparation for the Yom Kippur War, Saudi King Faisal and Egyptian president Anwar Sadat meet in Riyadh and secretly negotiate an accord whereby the Arabs will use the "oil weapon" as part of the upcoming military conflict.
15 September 1973 -
OPEC declares a negotiating front, consisting of the 6 Persian Gulf States, to pressure for price increases and an end to support of Israel, based on the 1971 Tehran agreement.
6 October 1973 -Egypt
and Syria attack Israel on Yom Kippur, starting the fourth Arab-Israeli War.8-10 October 1973 - OPEC negotiations with oil companies to revise the 1971 Tehran price agreement fail.
16 October 1973 -Saudi Arabia, Iran, Iraq, Abu Dhabi, Kuwait, and Qatar unilaterally raise posted prices by 17% to $3.65 per barrel and announce production cuts.
17 October 1973 -OPEC oil ministers agree to use oil as a weapon to punish the West for its support of Israel in the Arab-Israeli war. They recommend an embargo against unfriendly states and mandate a cut in exports
19 October 1973 -Saudi Arabia, Libya and other Arab states proclaim an embargo on oil exports to the United States.
23-28 October 1973 - The Arab oil embargo is extended to the Netherlands.
5 November 1973 - Arab producers announce a 25% output cut. A further 5% cut is threatened.
23 November 1973 - The Arab embargo is extended to Portugal, Rhodesia and South Africa.
27 November 1973 - U.S. President Nixon signs the Emergency Petroleum Allocation Act authorizing price, production, allocation and marketing controls.
9 December 1973 - Arab oil ministers agree to another five percent cut for non-friendly countries for January 1974.
25 December 1973 - Arab oil ministers cancel the five percent output cut for January. Saudi oil minister Yamani promises a ten percent OPEC production rise.
7-9 January 1974 - OPEC decides to freeze prices until April 1.
11 February 1974 - U.S. Secretary of State Kissinger
unveils the Project Independence plan to make U.S. energy independent.
12-14 February 1974 -
Progress in Arab-Israeli disengagement brings discussion of oil strategy among the heads of state of Algeria, Egypt, Syria and Saudi Arabia.17 March 1974 - Arab oil ministers, with the exception of Libya, announce the end of the embargo against the United States.
And we now have UNSC Resolution 1973 issued on 17th March 2011. I do not know what inferences can be drawn from this coincidence, but it gives one pause for thought. Is this really about civil unrest and democracy or is it the same old story.
We should also look at the main points of the Resolution. It is not about loading up, going in and kicking ass, as some would like to believe. David Cameron please note.
The resolution expresses the UN's "grave concern at the deteriorating situation, the escalation of violence, and the heavy civilian casualties", condemns "the gross and systematic violation of human rights, including arbitrary detentions, enforced disappearances, torture and summary executions" and says the attacks against civilians "may amount to crimes against humanity" and pose a "threat to international peace and security".
• A no-fly zone is "an important element for the protection of civilians as well as the safety of the delivery of humanitarian assistance and a decisive step for the cessation of hostilities in Libya".
• It "demands the immediate establishment of a ceasefire and a complete end to violence and all attacks against, and abuses of, civilians" and "that the Libyan authorities comply with their obligations under international law ... and take all measures to protect civilians and meet their basic needs, and to ensure the rapid and unimpeded passage of humanitarian assistance".
This is the prime objective - Establish ceasefire within Libya. It may or may not happen, but give peace a chance.
• It authorises UN member states "to take all necessary measures [notwithstanding the previous arms embargo] to protect civilians and civilian populated areas under threat of attack in the Libyan Arab Jamahiriya, including Benghazi, while excluding a foreign occupation force of any form on any part of Libyan territory''.
Again, a very important point - excluding a foreign occupation force of any form on any part of Libyan territory.
- It requests the co-operation of the Arab League member states in the previous measure.
• It decides to "establish a ban on all flights in the airspace of the Libyan Arab Jamahiriya in order to help protect civilians", exempting humanitarian flights, and authorises member states and Arab League nations "acting nationally or through regional organisations or arrangements, to take all necessary measures to enforce compliance with the ban on flights".
• It calls on member states to intercept boats and aircraft it believes may be taking arms and other items banned under the previously passed UN embargo and includes "armed mercenary personnel'' in that category – telling members states to "comply strictly with their obligations ... to prevent the provision of armed mercenary personnel to the Libyan Arab Jamahiriya''.
• Member states should ensure domestic businesses "exercise vigilance when doing business with entities incorporated" in Libya "if the states have information that provides reasonable grounds to believe that such business could contribute to violence and use of force against civilians".
• It requests that the UN secretary general creates "a group of up to eight experts" to oversee the implementation of the resolution.
I am not sure that news reporting of events is entirely accurate as to the meaning of UNSC Resolution 1973
Thursday, 17 March 2011
WHOSE IN CHARGE ?

There are 15 members of the Security Council, consisting of five veto-wielding permanent members - China, France, Russia, the UK and the US - and 10 elected non-permanent members with two-year terms. Security Council members must always be present at UN headquarters in New York so that the Security Council can meet at any time.
The 'power of veto' refers to the veto power wielded solely by the five permanent members, enabling them to prevent the adoption of any 'substantive' draft Council resolution, regardless of the level of international support for the draft. The veto does not apply to procedural votes, which is significant in that the Security Council's permanent membership can vote against a 'procedural' draft resolution, without necessarily blocking its adoption by the Council. The veto is exercised when any permanent member — the so-called ''P5" — casts a "negative" vote on a 'substantive' draft resolution. Abstention, or absence from the vote by a permanent member does not prevent a draft resolution from being adopted.
The current additional ten members, who are at present entrusted with dealing, amongst other matters, with the world crisis in North Africa and the Middle East are: Bosnia/Herzegovina, Brazil, Columbia, Gabon, Germany, India, Lebanon, Nigeria, Portugal and South Africa.
Despite the present rhetoric about no-fly zones and on the ground military activity, from the UK, France and now the US and certain opinionated pundits and back bench politicians, it is totally within the UNSC's remit to decide on and authorise peacekeeping operations, sanctionsand military action.
[Why the BBC should interview or seek opinion on these matters from the likes of David Davis MP (whose only real experience is selling sugar for Tate & Lyle - any experience under John Major was a short lived joke and as Chairman of Public Accounts he clearly failed, given the expenses scandal) is beyond me. For him to suggest that implementing a no-fly zone is a doddle and that there is no need to wait for UN resolutions is unbelievable(The World at One BBC 4 17/3/2011).]
So who are the people, the representatives that discuss and pronounce on these issues:
Ivan Barbalic - Bosnian and Herzegovinian diplomat serving as Permanent Representative to the UN. Born 1975 in Sarajevo, is 36 years old. He is the nephew of his country's Deputy Minister of Foreign Affairs. Married. Graduated from the University of Bridgeport, Connecticut and interdisciplinary postgraduate study on Human Right in Sarajevo. He has been active in the Non Governmental sector. Was also a song writer. He was President of the UNSC in January 2011.
Maria Luiza Ribeiro Viotti (born on March 27, 1954 in Belo Horizonte, Brazil) 57 year next week, is the Permanent Represnetative of Brazil. Viotti was the President of the UNSC for the month of Feb 2011. She is married to Eduardo Baumgratz Viotti and has a son. Viotti has a bachelor’s degree in economics from the University of Brasilia, which she received in 1979. She has a post-graduate degree in the same subject, which she completed in 1981, from the same university. She attended the Rio Branco Institute, the Brazilian diplomatic academy.
Néstor Osorio Londoño is the 27th Permanent Representative of Columbia. An administrative lawyer, he has also served as 1st Permanent Representative of Colombia to theWorld Trade Organisation in Geneva from 1995 to 1999, and as 4th Executive Director of the International Coffee Organisation from 2002 to 2010, where he had represented Colombia since 1978 when he was named Alternate Delegate and later becoming head of mission and Permanent Representative until 1994. After leaving WTO, he worked for the Colombian Government as High Advisor for Coffee Policy from September 2000 until his election as Executive Director of the ICO.
Franck Emmanuel Issoze-Ngondet (born 2 April 1961) 50 this year, is a Gabonese diplomat and political figure. He was Gabon's Permanent Representative to the UN from August 2008 to January 2009. Afterwards he served in the government of Gabon as Minister of Energy, Hydraulic Resources, and New Energies from January 2009 to June 2009 and then briefly as Minister of Relations with Parliament and the Constitutional Institutions in mid-2009. He was again appointed as Permanent Representative to the UN in November 2009. In March 2010, Issoze-Ngondet was the President of the UNSC. He is married with five children.[2] He wrote a French language novel, An Ascetic in theCourt (Un Ascète dans la cour), which was published in 2007. A career diplomat, he speaks English in addition to French.
Peter Wittig (11/8/1954 ) age 57, is a German diplomat and, since 2009 the Ambassador of the Federal Republic of Germany to the UN. After schooling, he completed a degree in history, political science and law at Rheinische Friedrich-Wilhelms University in Bonn, the Albert-Ludwigs University, Freiburg, University of Canterbury and University of Oxford. After graduation and completion of doctoral 1979-1982 he was Assistant Professor at the Albert-Ludwigs-Universität Freiburg and author of articles on the subjects of intellectual history and foreign policy. In 1982 he entered the diplomatic. After various training posts he was appointed to his embassy in Lebanon and then in Cyprus. During this period he was also commissioner of the Federal Government for the Cyprus Conflict. In 2002 he was ambassador in Nicosia then and first Ambassador and Deputy Head of the United Nations and Global Issues. He then in 2006 was head of GF (Global Issues, United Nations, Human Rights and Humanitarian Aid) of the Foreign Office. In December 2009 he was appointed to its Permanent Representative at the United Nations in New York City
Hardeep Singh Puri is an Indian diplomat currently representing India to the UN. He is a 1974 batchIndian Foreign Service officer. Prior to that, he had done his graduation and post-graduation from Delhi University and worked as a Lecturer at St.Stephen's College, Delhi. He has held important diplomatic posts in Brazil, Japan, Sri Lanka and United Kingdom. Between 1988 and 1991, he was appointed the Coordinator of UNDP/UNCTAD Multilateral Trade Negotiations Project to help Developing Countries in the Uruguay Round of Multilateral Trade Negotiations. Currently Permanent Representative to the UN from 2009, a post he has held before. 2008-2009 Secretary (Economic Relations), Ministry of External Affairs, Government of India, New Delhi . 2006-2008 Ambassador of India to Brazil . 2002-05 Permanent Representative of India to the United Nations and other International Organisations in Geneva . 1999-2002 Ambassador/Deputy High Commissioner of India tothe United Kingdom . 1997-1999 Joint Secretary (Europe West), Ministry of External Affairs, Government of India, New Delhi . 1994-97 Joint Secretary to the Government of India, Ministry of Defence, New Delhi
Nawaf Salam (Arabic: نواف سلام, born December 15, 1953) age 58, is a Lebanese diplomat, academic, and jurist. He is currently serving as Lebanon's Ambassador and Permanent Representative to the UN in New York. Son of Abdallah Salam and Reckat Beyhum, Nawaf was born into a prominent family from Beirut, Lebanon. His grandfather, Selim Salam, the leader of the “Beirut Reformist Movement,” was elected deputy of Beirut to the Ottoman parliament in 1912. His uncle, Saeb Salam, fought for Lebanon’s independence from the French Mandate of Lebanon and subsequently served four times as Prime Minister of Lebanon between 1952 and 1973. He is married to the journalist Sahar Baassiri and has two sons, Abdallah and Marwan. Salam received a doctorate in Political Science from the Institut d'Etudes Politique de Paris (1992), an L.L.M. from Harvard Law School (1991), and a doctorate in History fromSorbonne University, Paris(1979).Joy Uche Angela Ogwu (born August 23, 1946) age 65, is a former Foreign Minister of Nigeria. She was the second woman to hold the post in the historyof Nigeria. Prior to her ministerial career, Dr. Joy Ogwu, who is from Delta State, served as Director–General of the Nigerian Institute of International Affairs (NIIA). Ogwu has advised the UN on disarmament issues and has published books promoting more African ties to Latin America. She is the former Chair of the Board of Trustees of the United Nations Institute for Disarmament Research UNIDIR). She was appointed Foreign Minister on August 30, 2006. Joy Ogwu is currently the Nigerian Ambassador to the UN. Her appointment was announced in April 2008.Joy Ogwu was the President of the UNSC in July 2010. She is currently the President of the Executive Board of the UN Women Entity for Gender Equality and the Empowerment of Women. Ogwu obtained her BA and MA in Political Science from Rutgers University, United States. She later received her Ph.D. from the University of Lagos in Nigeria. While obtaining her Ph.D. in 1977, she joined the Institute of International Affairs at the University of Lagos.
José Filipe Mendes Moraes Cabral has been appointed Portugal's Permanent Representative to the United Nations on 30 October 2008 and has taken up his new position on 1 December 2008. Prior to his appointment to New York he was Ambassador to Spain (2004-2008). From 2001 to 2004 he was the Chief of Staff of the President of the Republic Jorge Sampaio with whom he has previously worked, as Diplomatic Adviser, from 1996 to 1999. From 1999 to 2001 he was Ambassador to Israel. Between 1994 and 1996 he headed the Office of the Director-General for Political Affairs in the Ministry of Foreign Affairs in Lisbon and was the Portuguese Representative in the Working Group for former Yugoslavia at the EU. Between 1982 and 1991 he held diplomatic assignments in Ottawa, Rabat, Riyadh (as Chargé d’Affairs en pied) and Brussels (Permanent Mission to the EU). José Filipe Moraes Cabral joined the Portuguese diplomatic service on 1979. Before he had assignments at the Presidency of the Republic (in the Office for Cooperation and in the Civil House during the tenure of President António Ramalho Eanes) and at the Office of the Secretary of State for External Cooperation. José Filipe Moraes Cabral graduated in Political and Diplomatic Science at the University of Brussels. Ambassador Moraes Cabral was born on 6 December 1950, in Lisbon. He is married to Lydia Reinhold and they have three grown-up children
Baso Sangqu, age 43, Permanent Representative of South Africa to the United Nations since 17th March 2009. At the time of his appointment, Mr. Sangqu was Deputy Permanent Representative from 2007, having previously been South Africa’s Ambassador to the African Union in Addis Ababa, Ethiopia, between November 2002 and 2006.While working as Acting Chief Director for Economic Development, Multilateral Development and Cooperation in the Department of Foreign Affairs between October 2001 and 2002, Mr. Sangqu also served as Head of the Substance Unit for the ( Johannesburg) World Summit on Sustainable Development from February 2001 to 2002.From July to October 2001, he was Acting Chief Director for Marine, Environment, Science and Technology, Multilateral Development and Cooperation. He was appointed Director for Social and Economic Programmes, African Multilateral Development and Cooperation upon joining the Department of Foreign Affairs in October 2000.His previous Government service included appointments as a Policy Analyst and Research Consultant, in the Economic and Development Section of the Office of the President, from March to July 2000, and Chief Education Specialist in the National Department of Education from January 1996 to May 1998.Mr. Sangqu holds a Master’s degree in development economics from Vanderbilt University in Nashville, Tennessee, and a Bachelor’s degree in commerce (economics and commercial law) from the University of Transkei. Born on 21 April 1968, in Idutywa, Eastern Cape Province, he is married and has three children.
These are the people who confer with the foreign ministers of the big five. No exactly a shabby bunch. All high achievers with an average age of about 52, so they are all firmly educated in the last half of the 20th Century. They would have mainly been to University between 1975 and 1985. They are not children of the 1960's, although they would have seen it unfold as children watching whatever television they could. It is their time to deal with protest. Let us hope they do it well. More should be heard from them. Why are not the BBC seeking them out, rather than ridiculous interviews with the likes of David Davis.
I was also today reminded by a friend that on the 17th March 1948, William Gibson was born in Conway South Carolina.
William Ford Gibson (born March 17, 1948) is an American-Canadian writer who has been called the "noir prophet" of the cyberpunk subgenre of science fiction. Gibson coined the term "cyberspace" in his short story "Burning Chrome" and later popularized the concept in his debut novel, Neuromancer (1984). In envisaging cyberspace, Gibson created an iconography for the information age before the ubiquity of the Internet in the 1990s. He is also credited with predicting the rise of reality television and with establishing the conceptual foundations for the rapid growth of virtual environments such as video games and the World Wide Web. Happy Birthday William!!







