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This entry was edited (1 week ago)
in reply to Ned Yeung

#WarInUkraine #FediLaw #Legal #USpol #GeoPol
#BudapestMemorandum

#SecurityAssurances are not #SecurityGuarantees, I assure you 😉

(1/n)

#ChuckHobbs used to be a trial lawyer, not an expert in international law.

I wish it were different, but the legal dimension regarding the #BudapestMemorandum is the subject of scholarly disagreement. 👉It is NOT unquestionably legally binding. 👈I wish it were different:

"...it is not entirely clear whether the instrument is...

in reply to HistoPol (#HP) 🏴 🇺🇸 🏴

#WarInUkraine #FediLaw #Legal
#BudapestMemorandum

#SecurityAssurances are not #SecurityGuarantees, I assure you 😉

(2/n)

...devoid entirely of legal provisions. It refers to assurances, but 👉unlike guarantees, it does not impose a legal obligation of military assistance on its parties👈.[2]

[51]According to #StephenMacFarlane, a 👉professor of international relations, "It gives signatories justification if they take action, but it does not force anyone to act in Ukraine."[50]👈

In...

in reply to HistoPol (#HP) 🏴 🇺🇸 🏴

#WarInUkraine #FediLaw #Legal
#USpol #GeoPol
#BudapestMemorandum

#SecurityAssurances are not #SecurityGuarantees, I assure you 😉

(3/n)

...the #US, 👉neither the #GeorgeHWBush administration nor the #Clinton administration was prepared to give a military commitment to #Ukraine👈, and they did not believe the #US Senate would ratify an international treaty and so the memorandum was adopted in more limited terms.[51]

The memorandum...

in reply to HistoPol (#HP) 🏴 🇺🇸 🏴

#WarInUkraine #FediLaw #Legal
#USpol #GeoPol
#BudapestMemorandum

#SecurityAssurances are not #SecurityGuarantees, I assure you 😉

(4/n)

...has a requirement of consultation among the parties "in the event a situation arises that raises a question concerning the ... commitments" set out in the memorandum.[52]

Whether or not the memorandum sets out legal obligations, the difficulties that #Ukraine has encountered since early 2014 may cast doubt on the credibility of...

in reply to HistoPol (#HP) 🏴 🇺🇸 🏴

#WarInUkraine #FediLaw #Legal
#USpol #GeoPol
#BudapestMemorandum

#SecurityAssurances are not #SecurityGuarantees, I assure you 😉

(5/n)

...future security assurances that are offered in exchange for nonproliferation commitments.[53]

Regardless, 👉the United States publicly maintains that "the Memorandum is not legally binding", calling it a "political commitment".[23]👈..." 1)

So,...

in reply to HistoPol (#HP) 🏴 🇺🇸 🏴

@HistoPol It doesn't matter: in what Trump is doing, he is not even mentioning the 1994 Budapest Memorandum (he is probably not even aware). He is just a narcissistic, "would-be" autocrat who only appreciates pure bully power. I am optimistic, he will run against the wall of reality (I am just waiting for the inflation the skyrock). Hopefully there is still something to save by that time.
in reply to Zjeff

@Zjeff
#USpol

(1/n)

I agree pretty much with your analysis, but that it does NOT matter. It does.

tRump might not be aware of the #BudapestMemorandum, but some his advisors will be.
JD Vance didn't only complete undergraduate studies in political sciences. The #Veep is also a lawyer and former editor of the #Yale Law Journal. As any lawyer will tell you, legal studies will transform the way you think. You might interpret things differently, but preparing a discourse, etc., you cannot @ned

in reply to Zjeff

#USpol

(1/n)

I agree pretty much with your analysis, but that it does NOT matter. It does.

#tRump might not be aware of the #BudapestMemorandum, but some his advisors will be.
JD Vance didn't only complete undergraduate studies in political sciences. The #Veep is also a lawyer and former editor of the #Yale Law Journal. As any lawyer will tell you, legal studies will transform the way you think. You might interpret things differently, but preparing a discourse, etc., you cannot @ned

This entry was edited (1 week ago)
in reply to HistoPol (#HP) 🏴 🇺🇸 🏴

#USpol #BudapestMemorandum

(2/n)

...ignore evidence that might become relevant.

What might be even more important, however, is that the #MAGAT'ts are presently having the upper hand in all 3 branches of the federal government.
As #history has taught us time and again: political currents never run smoothly unidirectionality. The pendulum will swing back, eventually.

Presently the reincarnation of WWI's isolationist #AmericaFirst party dominates all three branches. However,...

@ned @Zjeff

This entry was edited (1 week ago)
in reply to HistoPol (#HP) 🏴 🇺🇸 🏴

#USpol #BudapestMemorandum

(3/n)

...there still are the, often gerontrocrats, in #Congress and #SCOTUS that are #Transatlanticists. They still believe in all the international institutions like #NATO, the #UN, etc. that led the #USA to become the single remaining superpower after #WWII.

Their day will come.

Alas, they will, IMO, rely on the sound legalities of the Budapest Memorandum. Then, it will matter once again.

//

@ned @Zjeff

This entry was edited (1 week ago)