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Brownstone Institute

The WHO and Phony International Law

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From the Brownstone Institute

BY Bruce PardyBRUCE PARDY 

A new pandemic treaty is in the works. Countries are negotiating its terms, along with amendments to international health regulations. If ready in time, the World Health Assembly will approve them in May. The deal may give the WHO power to declare global health emergencies. Countries will promise to follow WHO directives. Lockdowns, vaccine mandates, travel restrictions, and more will be in the works. Critics say that the agreements will override national sovereignty because their provisions will be binding. But international law is the art of the Big Pretend.

You drive down Main Street. Cars are parked everywhere. The signs say “No Parking” but they also say, “The City does not enforce parking restrictions.” In effect there’s no rule against parking. Laws are commands imposed with the force of the state. Rules without sanctions are mere suggestions. Some people may honor the request, but others won’t. Those who disagree with the rule can safely ignore it. In domestic law, “enforceable” and “binding” are synonyms.

But not in international law, where promises are called “binding” even if they are unenforceable. In the international sphere, countries are the highest authority. Nothing stands above them with the power to enforce their promises. No such courts exist. The International Court of Justice depends on the consent of the countries involved. No international police enforce its orders. The UN is a sprawling bureaucracy, but in the end, it is merely a place for countries to gather. The WHO is a branch of the UN whose mandate countries negotiate amongst themselves.

In the proposed pandemic treaty, parties are to settle disputes through negotiation. They may agree to be subject to the International Court of Justice or to arbitration. But they cannot be required to.

Yet international law jurists insist that unenforceable treaty promises can be binding. “The binding character of a norm does not depend on whether there is any court or tribunal with jurisdiction to apply it,” Daniel Bodansky, a professor of international law at Arizona State University, wrote in a 2016 analysis of the Paris climate agreement. “Enforcement is not a necessary condition for an instrument or norm to be legally binding.” Without this Big Pretend, international law would collapse like a house of cards on a windy beach.

All countries are sovereign. They are free to retaliate against each other for perceived wrongs, including breaches of treaty promises. They can seek to have other countries censured or expelled from the international regime. They can impose trade sanctions. They can expel ambassadors. But retaliation is not “enforcement.” Moreover, international relations are a delicate business. Aggrieved countries are more likely to express their disappointment in carefully crafted diplomatic language than to burn bridges.

The threat from WHO proposals come not from outside but from within. We live in a managerial age, run by a technocratic elite. Over time, they have acquired for themselves the discretion to direct society for the common good, as they declare it to be.

As journalist David Samuels puts it, “Americans now find themselves living in an oligarchy administered day-to-day by institutional bureaucracies that move in lock-step with each other, enforcing a set of ideologically-driven top-down imperatives that seemingly change from week-to-week and cover nearly every subject under the sun.” These bureaucracies regulate, license, expropriate, subsidize, track, censor, prescribe, plan, incentivize, and inspect. Pandemics and public health are the most recent justifications for yet more control.

Domestic governments, not international bodies, will impose WHO recommendations on their citizens. They will pass laws and policies that incorporate those directives. Even an exasperated WHO Director-General Tedros Adhanom Ghebreyesus said so in a briefing this week. “There are those who claim that the pandemic agreement and [amended regulations] will cede sovereignty…and give the WHO Secretariat the power to impose lockdowns or vaccine mandates on countries…These claims are completely false…the agreement is negotiated by countries for countries and will be implemented in countries in accordance with your own national laws.”

Ghebreyesus is correct. Local and national authorities will not give up their powers. To what extent international commitments will be “binding” on a country depends not on international law but on that country’s own domestic laws and courts. Article VI of the US Constitution, for example, provides that the Constitution, federal laws, and treaties together “shall be the supreme Law of the Land.” That does not mean that treaties supersede the Constitution or federal laws. Domestic legislation and policy will be required for the proposed pandemic treaty and WHO directives to be enforced on American soil. Such legislation is an exercise of sovereignty, not a repudiation of it.

The proposals are not benign. Domestic authorities seek cover for their own autocratic measures. Their promises will be called “binding” even though they are not. Local officials will justify restrictions by citing international obligations. Binding WHO recommendations leave them no choice, they will say. The WHO will coordinate their imperatives as the face of global public health.

The WHO is not taking over. Instead, it will be the handmaiden for a coordinated global biomedical state. Managers hate straight lines. Diffuse, discretionary powers avoid accountability and the rule of law. The global health regime will be a tangled web. It is meant to be.

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  • Bruce Pardy

    Bruce Pardy is executive director of Rights Probe and professor of law at Queen’s University.

Brownstone Institute

The Media Refuses to Accept Covid Reality

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From the Brownstone Institute

By IAN MILLER

By late 2020, the media and public health establishment had two obsessions. One of their obsessions involved forcing the public to wear masks, even though the mountains of data and several studies had already confirmed that they don’t stop the transmission of respiratory viruses. The second obsession was forcing everyone to take Covid vaccines, regardless of their actual efficacy, risk of side effects, age or underlying health, or the vaccines’ rapidly waning efficacy.

Neither of those obsessions has abated, though even the most extreme, hardened Covid extremists have acknowledged that the vaccines were flawed, mandates were a mistake, and side effects should be acknowledged.

The media, unwilling to give up on the increased power, influence, and moral judgment it gained during the pandemic, has refused to accept that it effectively ended years ago.

So it’s no surprise that media outlets have noticed that, as we’ve seen every single summer since 2020, cases have increased, predominantly across the Western and Southern United States. Thankfully though, Los Angeles media, of course it had to be Los Angeles, has determined the culprit.

The Media Refuses to Accept Covid Reality

Turns out it’s not seasonality causing the increase, it’s outdated Covid vaccines and a lack of public masking, of course!

NBC Los Angeles “reported” that Covid cases in California and Los Angeles have “doubled” in the last month. This sounds horrifying and scary, doesn’t it? Yet it again, as is so often the case with Covid coverage, is misleading.

Let’s take a look at the current daily average of new cases in Los Angeles County:

Cases are so low they’re functionally indistinguishable from zero.

You can see why the media is scared, given how dramatic this surge appears to be compared to those in the previous four years. And thanks to NBC’s crack reporting and expert analysis, we know why this terrifying increase is happening. Spoiler alert: it’s all your fault that you haven’t controlled an uncontrollable respiratory virus with individual behavior that has no impact whatsoever on the spread of the coronavirus.

“People aren’t necessarily wearing masks; they’re not required to in certain places,” nurse practitioner Alice Benjamin, referenced as an expert by NBA LA said. “We’re traveling, we’re getting out for the summer. We also do have some reduced immunity. The vaccines will wane over time.”

Nowhere in the story is it mentioned that the massive jump in Covid cases in late 2021 and early 2022 happened immediately after LA County Public Health issued a press release celebrating the county for achieving 95+ percent masking rates at indoor businesses. No one seems willing or able to ask this nurse practitioner why she believes wearing masks would reduce this “surge,” if it failed so spectacularly in previous surges.

Endless Misinformation from ‘Experts’

She wasn’t done with the misinformation though. Benjamin warned that not enough Angelenos are getting the “updated” vaccine, which explains the summer increase.

“If you got it in October and later, that’s generally the updated vaccine,” Benjamin said. “If you got it prior to October, double check because if you did get the bivalent which has not been phased out, we recommend you do get an updated vaccine.”

And according to her, everyone should get it. Because the CDC said so.

“Per CDC recommendations, anyone 6 months or older should have at least one of the updated Covid vaccines,” Benjamin said.

Though, of course, no one on the crack NBC Los Angeles team thought to ask Benjamin why the “updated” October vaccine would help against the now common FLiRT variant when it emerged six months after the “updated” vaccine was released. Especially when the “study” process for booster doses is effectively nonexistent anyway. Pfizer and Moderna churn out a “targeted” dose that is supposed to protect against a variant that’s no longer circulating, never has to show any real-world benefit, and the regulatory agencies sign off on it, while the CDC recommends everyone get it.

Rinse, repeat.

Nor did anyone ask her what possible rationale there could be for forcing six-month-old babies to get vaccinated with a booster that has no studied efficacy against the currently circulating variant.

Her comments and the media reaction exemplify the problems with Covid discourse that started in 2020 and will apparently continue forever. A complete and purposeful ignorance of the facts, the data, and the evidence base. A willingness to advocate for the same sort of restrictions and interventions that have already failed. Ignorance of the booster process and endless appeals to public health authorities. Even though those authorities have made countless mistakes and refused to update their findings after being proven wrong.

The obvious question is: How does this type of absurdist discourse ever end? The answer, as we continue to see, is it doesn’t.

Republished from the author’s Substack

Author

Ian Miller is the author of “Unmasked: The Global Failure of COVID Mask Mandates.” His work has been featured on national television broadcasts, national and international news publications and referenced in multiple best selling books covering the pandemic. He writes a Substack newsletter, also titled “Unmasked.”

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Brownstone Institute

Censorship and the Corruption of Advertising

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From the Brownstone Institute

The most powerful companies in the world have united against free speech, and they’ve deployed your tax dollars to fund their mission.

Last week, the House Judiciary Committee released a report on the little-known Global Alliance for Responsible Media (GARM) and its pernicious promotion of censorship. GARM is a branch of the World Federation of Advertisers (WFA), a global association representing over 150 of the world’s biggest brands, including Adidas, British Petroleum, Nike, Mastercard, McDonald’s, Walmart, and Visa.

The WFA represents 90% of global advertising spending, accounting for almost $1 trillion per year. But instead of helping its clients reach the broadest market share possible, the WFA has appointed itself a supranational force for censorship.

Rob Rakowitz and the Mission to Supplant the First Amendment

Rob Rakowitz, the leader of the WFA, holds a particular disdain for free speech. He has derided the First Amendment and the “extreme global interpretation of the US Constitution,” which he dismissed as “literal law from 230 years ago (made by white men exclusively).”

Rakowitz led GARM’s effort to boycott advertising on Twitter in response to Elon Musk’s acquisition of the company. GARM bragged that it was “taking on Elon Musk” and driving the company’s advertising income “80% below revenue forecasts.”

Rakowitz also championed the unsuccessful effort to have Spotify deplatform Joe Rogan after he expressed skepticism for young, healthy men taking the Covid vaccine. Rakowitz attempted to intimidate Spotify executives by demanding to hold a meeting with them and a team that he said represented “P&G [Proctor and Gamble], Unilever, Mars,” and five advertising conglomerates. When a Spotify employee said he would meet with Rakowitz but not his censorsial consortium, Rakowitz forwarded the message to his partner, writing “this man needs a smack” for denying his demands.

The WFA extended its efforts to direct manipulation of the news market. Through a partnership with the taxpayer-funded Global Disinformation Index, GARM launched “exclusion lists,” which created de facto boycotts from advertising on “risky” sites, which it described as those that showed the “greatest level of disinformation risk.” These lists included the New York Post, RealClearPolitics, the Daily Wire, TheBlaze, Reason Magazine, and The Federalist. Left-wing outlets, such as the Huffington Post and Buzzfeed News, were placed on the list of “Least risky sites,” which facilitated increased advertising revenue.

GARM, the WFA, and Rakowitz is the latest scandal demonstrating the destruction of our liberties at the hands of consolidated power. Like the Trusted News Initiative or the Biden White House’s censorship efforts, the aim is to remove all sources of dissent to pave the way for the further corporatization of the oligarchy that increasingly replaces our republic.

The WFA’s Attack on Democracy

Just as Rakowitz could not hide his contempt for the First Amendment, WFA CEO Stephan Loerke demanded that his conglomerate overtake the democratic process.

In preparation for the Cannes Lions Festival (a gathering of billionaires and multinational corporations in the South of France every June), Loerke released a statement demanding companies “stay the course on DEI and sustainability.” According to Loerke, these policies must include responses to “climate change” and the promotion of “net zero” policies,” which have already wreaked havoc on Europeans’ quality of life.

Loerke wrote: “If we step back, who will push for progress on these vital areas?” Though he suggests the answer must be nobody, traditionally self-governing countries would charter their own courses in those “vital areas.” And in that paradigm, the corporation would be subordinate to the state.

But instead, the WFA has inverted that system. Through its clients, the trillion-dollar behemoth extracts money from governments and then deploys those funds to demand that we accept their reshaping of our culture. The parasite becomes the arbiter of “progress,” eroding the society responsible for its very existence.

As the WFA sought to punish any groups that criticized the Covid response, its client Abbott Laboratories received billions of dollars in federal funding to promote Covid tests in the US Army. As Loerke demands “net zero” policies that will unravel the Western way of life, WFA patrons like DellGEIBM, and Microsoft receive billions in revenue  from the US Security State.

The organization is fundamentally detached from traditional advertising, which aims to connect businesses with consumers to sell products or services; instead, it is a force for geopolitical and cultural manipulation.

Perhaps no WFA client better represents this phenomenon than AB InBev, the parent company to Bud Light, which destroyed billions of dollars in market value last year after selecting Dylan Mulvaney as the icon for its advertising campaign.

On its surface, the selection of Mulvaney as a spokesman appeared to be the result of an executive class detached from their clientele. But Rakowitz and the WFA reveal a deeper truth; they don’t misunderstand the public, they loathe them.

The organization is a force designed to punish them for their unfavorable, unapproved belief systems. It is an attack on the freedoms written into our Constitution as “literal law from 230 years ago,” as Rakowitz scoffed. The mission is to eviscerate “the right to receive information and ideas,” as our Supreme Court recognized in Stanley v. Georgia, and to make our republic subservient to its corporate oligarchy.

The stakes here are very high. The economic revolution of the 15th century and following was about a dramatic shift in decision-making, away from elites and toward the common people. With that came a wider distribution of property and rising wealth over many centuries, culminating in the late 19th century. Along with that came a shift in the focus of marketing, away from elites and toward everyone else.

The consolidation of advertising and its control by states strikes at the very heart of what free economies are supposed to be about. And yet, states that desire maximum control over the public mind must go there. They must gain full hegemony and that includes advertising. It should be stopped before it is too late to restore freedom over corporatism.

Author

Brownstone Institute is a nonprofit organization conceived of in May 2021 in support of a society that minimizes the role of violence in public life.

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