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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.

Author

  • Bruce Pardy

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

Brownstone Institute

Book Burning Goes Digital

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From the Brownstone Institute

BY Brownstone InstituteBROWNSTONE INSTITUTE

In March 2021, the Biden White House initiated a brazenly unconstitutional censorship campaign to prevent Americans from buying politically unfavorable books from Amazon.

The effort, spearheaded by White House censors including Andy Slavitt and Rob Flaherty, began on March 2, 2021, when Slavitt emailed Amazon demanding to speak to an executive about the site’s “high levels of propaganda and misinformation and disinformation.”

Their subsequent discussions remain unknown, but recently released emails from the House Judiciary Committee reveal that the censors achieved their intended result. Within a week, Amazon adopted a shadow ban policy.

Company officials wrote in internal emails, “The impetus for this request is criticism from the Biden administration about sensitive books we’re giving prominent placement to, and should be handled urgently.” They further clarified that the policy was “due to criticism from the Biden people,” presumably meaning Slavitt and Flaherty.

At the time, “vaccine misinformation” was parlance for inconvenient truths. Five months after the Amazon censorship crusade, Twitter banned Alex Berenson at the Government’s behest for noting that the shots do not prevent infection or transmission. Senator Elizabeth Warren (D-MA) favorably cited his Twitter ban in a September 2021 letter to Amazon  calling for increased censorship of books.

A similar process occurred at Facebook. Mark Zuckerberg wrote in internal emails that the platform decided to ban claims related to the lab-leak theory in February 2021 after “tense conversations with the new Administration.” Facebook executive Nick Clegg similarly wrote that the censorship was due to “pressure from the [Biden] administration and others to do more.” Another internal Facebook email from August 2021 wrote that the company had implemented new “misinformation” policies “stemming from the continued criticism of our approach from the [Biden] administration.”

Not only does the Biden regime’s call for de facto book bans lead to the suppression of true information regarding lockdowns, vaccine injuries, and the lab-leak theory; it was also a clear violation of the First Amendment.

The Supreme Court weighed in on a nearly identical case over sixty years ago.

In 1956, the Rhode Island legislature created a “Rhode Island Commission to Encourage Morality in Youth.” Like “public health” or “inclusivity,” the innocuous language was a Trojan Horse for censorship.

The Commission sent notices to bookshops and book dealers that potentially violated Rhode Island’s obscenity laws. The book dealers challenged the constitutionality of the Commission, and the case made its way to the Supreme Court in Bantam Books v. Sullivan.

The New York Times’ description of the case from 1962 could be transposed to a modern article on the Amazon Files, but The Gray Lady has deemed the news unfit to print and has ignored the revelations entirely.

The challengers argued that the Commission acted “as a censor” while the Government “contended that its purpose was only to educate people,” the Times explained. The Government, desperate to maintain its benevolent facade, insisted its “hope [was] that the dealer would ‘cooperate’ by not selling the branded books and magazines.”

But the Government’s call for “cooperation” was a thinly veiled threat. The Commission did not just notify the booksellers; they also sent copies of the notices to the local police, who “always called dealers within 10 days of the notice to see whether the offending items had been withdrawn,” according to the book dealers.

“This procedure produced the desired effect of frightening off sale of the books deemed objectionable,” a book dealer told The Times. They complied, “not wanting to tangle with the law.”

The Supreme Court ruled 8-1 that the Committee’s reports violated the Constitutional rights of the book dealers. Justice William O. Douglas wrote in a concurring opinion: “This is censorship in the raw; and in my view the censor and First Amendment rights are incompatible.”

Here, we again see censorship in the raw; bureaucratic thugs, using the power of the US federal government, call for the suppression of information that they find politically inconvenient. They hide behind the innocuous language of “public health” and “public-private partnerships,” but the Leviathan’s “requests” carry an implicit threat.

As we wrote in “The Censors’ Henchmen,” the censorship demands from White House lackeys Rob Flaherty and Andy Slavitt are like mobsters’ interrogations. Just months after the Amazon demands, Flaherty wrote to Facebook, “We are gravely concerned that your service is one of the top drivers of vaccine hesitancy – period.” Then came the demands: “We want to know that you’re trying, we want to know how we can help, and we want to know that you’re not playing a shell game…This would all be a lot easier if you would just be straight with us.”

In other words, we can do this the easy way or the hard way. Nice company you have here – it would be a shame if something happened to it.

When companies refused to comply, Biden’s henchmen responded with scorn. Facebook ignored one censorship request, and Flaherty exploded: “Are you guys fucking serious? I want an answer on what happened here and I want it today.”

Failure to comply would threaten Amazon’s substantial government contracting operations. In April 2022, Amazon received a $10 billion contract from the NSA. Later that year, the US Navy granted Amazon a $724 million cloud computing contract, and the Pentagon awarded Amazon an additional $9 billion in contracts. Amazon also has ongoing contracts with the CIA that could be worth “tens of billions” of dollars.

“Cooperation” is a prerequisite for these lucrative agreements. Sixty years ago, the Court recognized the threat that Government demands for “cooperation” posed to liberty in Bantam Books. Ten years later, the Court held in Norwood v. Harrison that it is “axiomatic that a state may not induce, encourage or promote private persons to accomplish what it is constitutionally forbidden to accomplish.”

Since then, skyrocketing government spending and public-private partnerships have further blurred the line between state and private persons at the cost of our liberties.

The recent Amazon revelations add to the censors’ parade of horribles that have been uncovered in recent years. The Supreme Court will rule on the crux of the battle between free speech and Biden’s cosa nostra next month in Murthy v. Missouri.

Meanwhile, the revelations keep pouring in, adding to what we know but still concealing the fullness of what might actually have been happening. Adding to the difficulty is that the revelations themselves are not being widely reported, raising serious questions concerning just how much in the way of independent media remains following this brutal crackdown on free speech that took place with no legislation and no public oversight.

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  • Brownstone Institute

    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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Brownstone Institute

“The Numbers Favour Our Side”

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From the Brownstone Institute

BY Bill RiceBILL RICE 

For me, it’s not difficult to see what the world’s real rulers are trying to achieve. They’re trying to obtain more power and control for themselves. In fact, they’ve largely already achieved this goal. The terrifying thought is they are far from done.

We know they are not finished because their most conspicuous initiative at the moment is their quest to slay the petulances of “misinformation” and “disinformation.”

The correct definition of misinformation/disinformation is any speech that challenges what authority figures say is the truth.

The world’s real rulers don’t want their pronouncements challenged, as this would pose a grave risk to their continued rule and their ability to implement myriad programs that will effectively defeat, once and for all, human freedom.

As long as persuasive dissent doesn’t go viral, the Powers that Be know they will achieve their objectives, which are authoritarian world government much closer to the communist utopia envisioned by thinkers and tyrants like MarxMao, and Lenin.

But real communism is not the real goal either, as communism was supposed to make every person equal. The modern form of communism, not unlike all previous forms of communism, ensures the world’s elite organizations will remain ultra-powerful while the proletariat will beg for crumbs.

Who are the World’s Elite Organizations?

They are every important organization – those with great influence (and police-state powers) – including all governmental agencies and departments as well as international government organizations like the UN, WHO, and European Union.

They are also all the major “crony” corporations that benefit from close ties to government and non-governmental organizations.

Plus, foundations like the Bill & Melinda Gates Foundation, the Wellcome Trust, and the Rockefeller Foundation, which have more money than many nations and certainly more ideological commitment to deploy their resources to implement their agendas.

A simple method to define the establishment organizations would be to simply identify the world’s key authorized narratives and then ask yourself what organizations zealously support these initiatives (aka “The Current Thing”).

In the last four years, any organization that vociferously supported all the Covid protocols would be examples of “captured” organizations that enthusiastically supported the Current Thing.

But these same organizations also support all the other ascendant political movements, such as the fight against (allegedly) man-made Climate Change, numerous wars or “interventions” to advance “democracy,” central bank digital currency, and ever more mRNA “vaccines.”

Furthermore, it’s obvious these same organizations support initiatives designed to discredit long-accepted cultural norms in favor of more “progressive” thinking that normalizes gender reversal, race grievances, LGBT+ initiatives, or any reform that advances “diversity, inclusion, or equity.”

The promotion of policies that make mass illegal immigration much easier to achieve has also become a crucial program of our planet’s establishment rulers.


I believe the above summary provides an accurate assessment of the state of the world today.

I also note that it’s an undeniable truth that every program of these establishment organizations has made the world a darker place, with future developments planned by our leaders guaranteed to decrease the qualify of life for children or young adults who may live another 50 to 80 years.

For example, at the moment, unelected delegates who serve on the World Health Organization continue to deliberate in secret as they finalize a new health treaty and make changes to “international regulations” that will affect virtually every citizen on the planet in decades to come.

The salient point about the WHO is that this agency was provably and disastrously wrong on every policy and piece of guidance it issued involving the response to Covid-19.

Another way to identify the members of the Establishment ruling class is to simply identify those who were spectacularly wrong on every key issue of our times. These are the people and organizations who are seeking even more power and control.

Who Will Prevail in the End?

The good news is our side – those who still believe in human liberty – vastly outnumbers the group that is clearly aligned against us.

Above I listed many of the world’s captured organizations. These organizations are staffed by probably a couple hundred thousand key leaders who are committed to supporting the nefarious and freedom -eradicating components  of “The Current Thing.”

As I’ll show below, the numbers who identify with “our side” surely exceed tens of millions of citizens.

The bad news is the the enemies of freedom – the worshippers of Big Brother – control all of the institutions and organizations in the world that actually matter.

Whoever sought to capture all of these organizations – from the CDC, the military, the Federal Reserve, the WEF, and the mainstream press – didn’t embark on these projects just to entertain themselves. They did this for a reason. This reason? They wanted to use these organizations to advance/achieve their goals.

To be more specific, they must have known that if they captured all of these organizations it would be almost impossible for any private citizens to stop their plans.

Our Side Actually has a Major Numeric Advantage

Still, the committed generals and staff officers who are seeking even more global control of the masses are…greatly outnumbered by people who are repulsed by their programs.

I’m currently working on a business idea that might supplement the dissident class of independent writers or “citizen journalists” found in the alternative media and on Substack.

In working on this project, I’m very interested in gauging the size of the market for content that resonates with the world’s population that still values freedom. This would be the group of citizens who is skeptical of the authorized narratives and values (genuine) “watchdog” journalism.

My estimate is there must be tens of millions of people who think like I do, people who would like to stop all the goals of the WEF, Davos, and WHO crowd.

The Tucker Carlson Metric

Perhaps the simplest way to estimate the size of this market is to examine the audience of one of the world’s best-known “contrarian journalists,” Tucker Carlson.

Before Carlson was fired by Fox News, his nightly news show routinely drew four million viewers per night, which made it the top-rated news program in North America. Over the course of a month, the show might have attracted 10 million viewers.

As we all know, Carlson was fired for producing content that was extremely popular with millions of adults. But Carlson didn’t disappear or stop producing “taboo” commentary and news segments, he simply moved to Twitter (now X) and kept doing the exact same thing.

Carlson’s interview with Vladimir Putin garnered more than 150 million views and his various streaming podcasts routinely double or triple the number of people he was reaching on Fox News.

Since Tucker covers many of the same “taboo” subjects I do, one can conservatively estimate that at least 10 million of Carlson’s regular viewers strongly oppose everything the world’s so-called leaders want to make a reality. And that’s just Carlson’s audience.

Substack has more than 35 million subscribers, probably 20 percent of whom are searching for content they know they won’t find in, say, the New York Times or CBS News. That would be a “market” of 7 million freedom-supporting citizens.

Tucker was recently the guest on Joe Rogan’s podcast show. Rogan probably has an audience just as large and loyal as Carlson. Indeed, in their wide-ranging and fascinating conversation, Rogan made the point that shows like his and Tucker’s should now be considered “mainstream”…because they reach far more viewers than, say, the newscasts of the big TV networks (which actually aren’t so big anymore).

As far as I can tell, all the “alternative media” outlets are growing rapidly while all the traditional news outlets are Dead Men Walking.

Again, this is an extremely encouraging sign for anyone who believes that skeptical and independent speech is important to help ensure a world where real freedom might continue to exist.

But I Haven’t Mentioned the Biggest Group of Citizens

While “our side” greatly outnumbers the figure of key employees occupying all the captured organizations, the real population group that matters is the immense group that is sitting out this existential battle for freedom.

The citizens who will probably determine the outcome of this battle are the people who have not discovered the Substack contrarians or who never watch Joe Rogan…or who think Tucker Carlson is a dangerous extremist who should have been fired by Fox (and should now be fired by Elon Musk and X). This group numbers in the billions. 

(This would be the group that doesn’t want to think anymore about the Covid response or think about the possibility that scary-looking, worm-like clots might be in their veins and arteries right now.)

This group just wants to get through each day with adequate supplies of bread…and if they’re given a few mildly entertaining circuses to distract them from the challenges of their daily lives, that’s enough.

For this segment of the population, any big debate on “freedom” is either boring, not germane to their lives, or they love and appreciate Big Brother and are convinced he is protecting them.


What this means to you and me is that the denouement of this historic battle will be determined by a relatively small percentage of the world’s population.

On one side, we have the 200,000 or so leaders of thousands of important captured organizations. On the other side, we have 10 to 20 million citizens who’ve found each other in the alternative media. In the middle, we have a couple billion people who are oblivious to what’s really at stake.

Whatever way this massive middle group swings in the future, so goes the world.

One suspects the world’s real rulers know that their track record and planned agendas won’t stand up to close scrutiny. They know that their arguments are not as persuasive and could easily be debunked if our side’s arguments were to “go viral.”

To help keep this middle group indifferent or on their side, the Deep State concocted the concepts of disinformation and misinformation to smear or throttle the influence of those on our side.

The ever-growing Censorship Industrial Complex has performed its most important job with (disgusting) distinction. For now at least, the depressing truth is the masses don’t seem to care much about the issues that some of us think are tectonic.

This means recruiting the legions of people we need to recruit will be a strangely tough sale.

Our charge of persuading more of our neighbors to join our side has been made far more difficult by the false narrative that all of the important disinformation is coming from citizens like us, when, in fact, we don’t control any of the important information.

If and when the masses realize who’s been producing the real disinformation, freedom might pull an upset victory.

Republished from the author’s Substack

Author

  • Bill Rice

    Bill Rice, Jr. is a freelance journalist in Troy, Alabama.

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