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3/16隨筆

(2022-03-16 13:25:14) 下一個

在中文語境中,沒有哪個字/詞能像”嗖“這樣,如此精準形象地描繪出時光的匆匆。二十聲嗖,時光從2000年一躍至2020年。又兩聲嗖,又躥至2022年。千禧年的鍾聲仿佛還在耳邊回響,卻奈何二十年少華已逝。不屬於自己的總沒有感覺,輪到自己了才知是痛。

一恍就到了2022年3月,距2020年3月,世衛宣布全球新冠大流行,已經兩周年。今天,美國走至後疫情時期,中國卻不得不直麵病毒,好在如今的敵人已沒有當初那般凶殘。這樣想來,雖然中國走出疫情的時間比美國晚,但考慮到美國經曆的慘烈,中國一路艱辛,卻也算值得。

在我的印象中,三月代表著春天的開始。今天知道,這是因為北半球在3/20這天統一進入春天。而先前卻是從諸如“早春三月”“三月桃花開”“煙花三月下揚州”此類三月與春天的詩詞短語。

在新英格蘭地區生活幾年後,我已對這一地區的氣候有了一定的了解。經驗告訴我:氣象多變的康州,到了四月還會下雪,康州真正的春天要到四月十日後。

三月以來,小鎮的氣溫與一二月之寒脫韁開來,但表現出跌宕起伏的特點,溫度在30-60F間轉換。過去連續三天,白天最高氣溫都保持在60上下, 天氣晴好,鳥兒歡鳴。盼春已久的我,趁著昨日的好天氣,蹦蹦跳跳著,去外麵找春天。

我看到了,水仙花綠尖芽;楓樹的胭紅芽蕾;連翹的青黃色花蕾;溪邊的翠綠色苔蘚;還有盛開的白色雪滴花。

As one of the most common ducks in North America, everyone should be familar with the male mallard with green head.  Occassionally people can see mallards with blue or purple heads, like this one. Also in my impression, I have never seen a single mallard, they were seen either in groups or in couples. 

2/28日學校取消強製口罩令後,兒子還戴了兩天口罩。至今摘口罩差一天就兩周了,他沒事,我也沒事。問了他同學情況,他說沒見少人。

晚上吃飯問兒子上了什麽課?答說曆史。講了什麽?答說韓戰。因為他在國內小學聽語文老師講過抗美援朝,問他現在聽了是否感到糊塗。答說“不糊塗,是朋友" 。"嗯,用朋友理論來理解就變簡單了。"

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今天聽到一則廣播新聞,於是在網上找到了這篇文章

Yale law professor represents Ukraine at World Court

Last week, a team of international lawyers including former Dean of Yale Law School Harold Hongju Koh represented Ukraine at the International Court of Justice, or ICJ, in the Hague.

上周(3/7),包括一名耶魯法學教授在內的一個國際律師團隊,代表烏克蘭出現在世界法庭的聽證會上。俄羅斯方因為先前律師悉數辭職,未有律師出席,僅送一紙文書。

該律師是奧巴馬時期的美國法律顧問。在接受采訪時,他說:俄羅斯侵犯的不隻是烏克蘭,而是戰後的國際秩序。如果讓俄羅斯不承擔任何後果地走開,那將是對國際秩序的踐踏。

雖然普京不把聯合國和國際法放在眼裏,但聯合國還要繼續走完法律流程。感覺留給普京的時間不多了。

Koh is a Sterling Professor of international law at Yale Law School and has also served as Legal Adviser for the United States Department of State under Barack Obama. In an interview with the News, Koh refuted Vladimir Putin’s claim —  that he had sent troops to Ukraine on a special military operation to prevent genocide from being committed by Neo Nazis.

Koh explained that there are two types of lies being made by the Russians: factual lies and legal lies. The factual lie, he said, is that Ukraine was committing genocide in the Donetsk and Luhansk regions. The legal lie is that the Russians were obligated to prevent this genocide, and that Russia had the legal right to invade Ukraine as a preemptive measure.

“The whole world knows that that’s a lie,” Koh said.

Lea Brilmayer, Howard M. Holtzmann professor of international law at Yale Law School, explained that the International Court of Justice — which was set up by the United Nations in 1945 — requires consent to jurisdiction by both states involved in a case in order to resolve disputes.

 

Koh noted that the Russian claims gave the International Court of Justice jurisdiction. If Russia had not created the dispute, Koh argued, there would not be a case for the court to pursue.

 

“[The International Court of Justice is] very valuable in that it helps to clarify international law,” Brilmayer said.

 

Both Russia and Ukraine have ratified the 1948 Genocide Convention, which allows parties to bring disputes against each other involving interpretation, application or fulfillment of the genocide treaty to the World Court.

 

Russia did not appear at the court hearing, and sent a letter to the court saying it “ha[d] decided not to participate in the oral proceedings due to open on 7 March 2022.”

 

“If [Russia] thought they actually had a lawful basis to do this, they would appear and defend,” Koh said.

 

While Koh and the rest of Ukraine’s legal team are waiting for a court order to get the United Nations’ peacekeeping forces involved, they requested and received provisional measure orders very quickly. Koh added that the ICJ judges understood the urgency of the situation.

 

A March 7 press release outlined the measures requested by Ukraine.

 

“The Russian Federation shall immediately suspend the military operations commenced on 24 February 2022 that have as their stated purpose and objective the prevention and punishment of a claimed genocide in the Luhansk and Donetsk oblasts of Ukraine,” the press release stated. “The Russian Federation shall immediately ensure that any military or irregular armed units which may be directed or supported by it, as well as any organizations and persons which may be subject to its control, direction or influence, take no steps in furtherance of the military operations which have as their stated purpose and objective preventing or punishing Ukraine for committing genocide.”

Ukraine also requested that Russia refrain from any actions that may “aggravate or extend the dispute.”

Koh continued that, while Putin’s short game is centered around force, the world’s long game is law. Over the past two weeks, he said, the case has developed into much more than a dispute between Russia and Ukraine — rather, it has become a fight between Russia and “the post-World War II international legal order.”

“It’s a really genuine question,” Koh said. “If a permanent 5 member of the UN can just engage in a war of aggression and atrocity against an innocent neighbor and get away with it, then … why do we have a UN charter? Why do we have an International Court of Justice?”

To understand the necessity of the law, Koh recalled a previous visit he had made to Kyiv in March 2020, where he was invited to judge an international law moot court competition due to his previous role in arguing for Ukraine at the ICJ for a separate case.

When Koh arrived, a young law student took him on a tour around the city, and he recalled that she expressed great pride in Kyiv. Just two years later, he saw her on CNN in full military gear working at a military hospital, where she testified that she was surrounded by dead bodies and asked viewers what happened to the laws she once studied.

“Our lawsuit was designed to be part of the answer [to her question],” Koh said. “It’s here … your friends are here, we’re fighting for you with law.”

Both Koh and Brilmayer reflected on Yale’s role in international law, both in the past and in the future. Koh said that students come to Yale to “level the playing field” and use their knowledge to create a more just, equal and fair world — not to accept the status quo and “let bullies push other people around.”

“Yale should be very proud to have [Koh] there [at the ICJ],” Brilmayer said. “This is obviously a very important matter. It’s a real sign of his esteem in [the] profession.”

Koh has taught at Yale Law School since 1985.

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魏薇 回複 悄悄話 回複 'laopika' 的評論 : 好壞自己最清楚:)您用打乒乓球作比,我很有體會。
laopika 回複 悄悄話 我前幾天剛寫了篇關於沙龍的博文,不知你是否去看過,我自己感覺也有進步。karen說我發現你比剛參加沙龍時多了份自信心,因為她們的英語水平都比我高出好多,所以,好比我打乒乓球,與高手一起練進步就快:)
顧維鈞乃中華民國外交部長,著名外交家,在中國近代史上有重要地位。
魏薇 回複 悄悄話 回複 'laopika' 的評論 : 皮卡老師好!是,你們那春天是真來了,我們這隻有一點苗頭。說的就是,不出席聽證,為自己辯護,就是自知理虧。您的語言能力超群,兩年就可以聽說讀了,是勤奮+天賦結出的碩果。:)今天想到一個人--顧維鈞。一查才知道,他參與了1945年《聯合國憲章》的起草,後來他還擔任過海牙國際法庭的法官,副院長。
laopika 回複 悄悄話 小荷才露尖尖角,春天來了,萬物開始複蘇了。
"If [Russia] thought they actually had a lawful basis to do this, they would appear and defend,"
but they did not
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