Abstract (Turkish) AB ile Üye Devletleri arasındaki yetki paylaşımı sorunu, Avrupa bütünleşmesinin özellikle son yirmi yılında ağırlaşan bir sorun olmuştur. Ulus devlet egemenliğinin her iki görünümünde de -hem iç egemenlik ve hem de dış egemenlik- meydana gelen değişiklikler çok daha eskiye dayandığı için, AB üyesi devletler, egemenlik kavramındaki bu değişikliklerin hukuk düzenlerindeki yansımalarının etkisini, AB bütünleşme sürecinde kısmen olumlu kısmen de olumsuz yönde hissetmişlerdir. Öte yandan klasik uluslararası örgütler ya da devletlerin bir araya gelerek oluşturdukları bölgesel işbirliğini içeren yapılardan çok açık bir şekilde ayrıldığı için AB, kendisinin ve Üye Devletlerin hukuklarının bütünleşmesinden oluşan yeni hukuk düzeninde, yasama, yürütme veya yargı yetkisini kullanma açısından, klasik anlamından oldukça uzaklaşan modern ulus devlet egemenliği kavramına ya da ulus devlet egemenliğinden yararlanan bir hukuk öğretisinin ortaya koyduğu bir normlar düzenine dayanması oldukça zor olan bir varlık şeklinde karşımıza çıkmaktadır. AB hukuk düzeni, egemenlik kavramına dayanarak yetki kullanan bir düzenden çok, egemenlik kavramı ile birlikte AD'nin doktrinleştirdiği ve başlıca unsurları uluslarüstülük, üstünlük, doğrudan etki, münhasır yetki ve subsidiarity ilkesi gibi kavram ve ilkeleri içeren anayasallaştırılmış yeni bir devletlerarası hukuk düzeni olarak karşımıza çıkar.Bu yeni hukuk düzeninin otonom yapısı ve Üye Devletlerdeki geçerliliği, bütünleşmenin derinleşmesi ve ulus devletin faaliyet gösterdiği hemen her alana yayılmaya başlaması ile, özellikle Üye Devlet yüksek mahkemeleri ve anayasa mahkemeleri tarafından sorgulanmaya başlanmıştır. Egemenliğin veya kullanımının devri ve AB kurumlarının buna dayanan yetkileri ve yetkilerin sınırları, AD ve yüksek mahkemelerce farklı anlaşılmaya başlanmış ve bu durum hukuki kesinliğe ve özellikle de bireylerin AB hukuk düzenindeki pozisyonlarına zarar verir hale gelmiştir. Yetki çatışmaları ve bu çatışmaların önlenmesinde nihai otoritenin hangi kurumlar olduğu konusunda ortaya çıkan belirsizlik, çözümü çok zor bir sorunlar yumağını ortaya çıkarmıştır. AB hukuk düzeninde bu sorunların çözümü anlamında detaylı normatif düzenlemeler yapılmış, ancak normatif düzenlemeler yetersiz kaldığı için, bir tarafta AD diğer tarafta da Üye Devlet mahkemeleri, hukuki muhakemenin tüm imkanlarını kullanmak ve kararlar arasında etkileşim yaratmak suretiyle yetki düzeni üzerinde içtihat yoluyla etkili olmuşlardır. Ancak bu yargısal aktivitenin (judicial activism), yetki çatışmalarının çözümüne yaptığı olumlu katkı, 'yetki konusunda karar vermeye kim yetkilidir' (Kompetenz-Kompetenz) sorunsalı yüzünden sınırlı kalmıştır; hatta söz konusu içtihat katkısının çözümün bir parçası olmasından daha fazla, sorunun bir parçası olduğu görülmüştür. AB bütünleşmesinin derinleşmesi devam ettiği sürece yetki sorunları da nitelik değiştirerek çoğalacak, dahası, derinleşmenin siyasi doğası, bu sorunların çözümünde hukukun bir araç olarak kullanılmasını zorlaştıracaktır. Hukuk mühendisliği yaparak yetki denklemlerini çözmeye çabalayan doktriner yaklaşım, her seferinde, AB'nin siyaset mühendisliği ile hareket eden aktörlerinin, denklemin değişkenlerini yeni alan ve ortamları içerecek şekilde değiştirmesi nedeni ile yeni çözümler üretmek zorunda kalacaktır. Bu tezde, çalışmanın yapıldığı zaman ve ortam mümkün olduğunca sabitlenerek, yetki konusunda detaylı bir analiz yapılmaya ve bir sonuca ulaşılmaya çalışılmıştır. Abstract The sharing of competence between the EU and Member States is one of the crucial issues of the EU legal order that it has ever dealt with. Developments of the concept of sovereignty throughout times in which European modern state occurred have shaped the legal order of the Member States and, at the same time, of the EU, starting from outlet.The EU is not merely an international organization, like classical ones that States get together with the aim simply directed to international cooperation. The EU has a new legal order integrated with Member States legal order. On the one hand, the EU legal order, by virtue of establishing Treaties, has own legal capacity and its own personality. Moreover, by a clear reading of some Treaty articles, it can be understood that the EU was created by founders with a limitation of sovereignty or a transfer of powers stemming from the states to EU. On the other hand, beside this limitation of sovereignty or transfer of powers that may be found its base in public international law, the EU makes a different claim for its sovereignty and competence by way of original doctrines and principles created ECJ, which are direct effect, supremacy, supranationality.With the deepening and diffusing of integration to all areas in which Member States act, the autonomy and validity of this new legal order have been gradually contravened by the Member States' courts, in especially Supreme and Constitutional Courts. The ECJ and Member States' courts have had different approaches to the EU competences stemming from limitation of sovereignty or transfer of sovereignty and their limits. The issue of conflict of competence and, more importantly, the issue of who will make a decision in a case of conflict created a crucial uncertainty which affected competence order between the EU and Member States and citizen's rights.The competence issues will increase qualifiedly as the EU integration will not end and will go more deeply. Moreover, it will be extremely difficult to use the theory of law as a problem solver because of political nature of deepening process of integration. The approach that tries to solve the competence issues by law engineering will has to re-produce new solutions in each time, as political players, which they are also political engineer, will change the factors of the issue.In this thesis, as possible as by holding time and factors constant, we try to make a detailed analysis of the issue of competence and to reach a sound and clear result.
Статья посвящена проблеме закрепления основ формирования правовой системы в Испании после провозглашения Республики в 1931 г. Конституция 1931 г., принятая Учредительными кортесами, оформила национальный (внутригосударственный) характер правовой системы. Автор статьи отмечает, что для обозначения действующей правовой системы Испании учредитель использовал несколько терминов, не отождествляемых с понятием «испанское законодательство». Новеллой для испанского конституционализма стало положение о включении «всеобщих норм международного права» в правовую систему страны, в данном случае был заимствован пример Конституции Германской империи 1919 г. Конституанта не включила эти нормы в систему испанского законодательства. Элементами последней являлись: Конституция Республики, статуты автономных регионов, законы государства и законы регионов, указанные акты Президента и правительства. В систему законодательства также входили заключенные Испанией международные договоры, занимавшие в ней определенное место: учредитель закрепил их верховенство по отношению к законам. Второй важнейшей особенностью правовой системы, отмечаемой в статье, являлось ее соответствие характерным чертам государственного устройства республиканской Испании, охарактеризованной современниками как «государство региональной автономии» (Д. Ломбарди). Принятый Статут становился согласно Конституции «основным законом» автономного региона, закрепляющим его политико-административную организацию, признаваемым и охраняемым как «составная часть» правовой системы испанского государства. В статье отмечается, что в республиканской Испании предполагалось два вида основных, базовых законов, закрепляющих организацию публичной власти: Конституция для всей Испании и статуты для региональных автономий, при этом последние должны были соответствовать Конституции и органическим законам. Республиканское начало формирования правовой системы определяло, с одной стороны, непосредственное участие народа Испании в законотворческом процессе посредством народной законодательной инициативы и возможности принятия законов на референдуме, а также принятие Статута региона его избирательным корпусом. С другой стороны, оно характеризовалось участием в законотворчестве представительных органов: кортесов, президента, правительства. Тщательно разработанная, отвечающая международно-правовым реалиям внутригосударственным потребностям страны, Конституция 1931 г. оказала немалое влияние на последующую конституционную эволюцию Испании, получила широкую известность во многих странах мира. ; The article deals with the problem of establishment of legal system in Spain after the proclamation of the Republic in 1931. The Constitution adopted by the Constituent Assembly enshrines the national (domestic) character of the legal system. The author of the article notes various terms used in the Constitution to refer to the actual legal system of Spain: derecho positivo (positive law), ordenamiento jurídico (law and order) and ordenacíon jurídica (law and order), which were not identified with the term «Spanish law» (legislación española). It was new for the Spanish constitutionalism to include general rules of international law into the national legal system; in this case the example of the Constitution of the German Empire in 1919 was adapted. The Constituent Assembly did not include these rules in the system of Spanish legislation. The Constitution of the Republic, statutes of the autonomous regions, laws of the state and the laws of the regions, the acts of the President and the acts of the government mentioned in the text, were considered to be elements of system of Spanish legislation. International treaties concluded by Spain were also among them. Because of the influence of the constitutional experience of Soviet Russia it was declared a renunciation of secret treaties. The procedure for their conclusion had the following stages: preparation and signing of an international treaty by the President of the Republic, the approval by the Cortes, ratification by the President and the registration in the League of Nations. International treaties concluded in accordance with the Constitution, occupied a particular place in the hierarchy of the system of legislation: the Constituent Assembly provided for their supremacy over the laws, adopted in accordance with the Fundamental Law (Constitution). The second important feature of Spanish legal system, noticed in the article, is its correspondence with the territory organization of the republican Spain. It was defined by contemporaries as «the state of regional autonomy» (J. Lombardi). The decision to establish the autonomous region was to make out by the Statute, adopted on the initiative of the municipal Councils by a referendum (for a positive decision was required not less than two-thirds of the votes in the region). However, in order to give a legal effect to the Statute it was necessary to be adopted as a law of the state by the Cortes (parliament). Statute, adopted according to the Constitution, was considered to be the «basic law» (ley básica) of the Autonomous Region, fixing its political-administrative organization, was recognized and protected as «an integral part» of the legal system of the Spain. It is pointed out in the article that there were two types of basic laws in the republican Spain that prescribed the organization of public authorities: the Constitution for the whole of Spain and statutes for autonomous regions. The latter must be correspondent with the Constitution and organic laws. Division of powers in the field of legislation and application of laws was made by using subjects of regulation as criterion. However, this activity could be carried out only in accordance with its Statute, which also had to provide for the legislative process. The author gives examples of the implementation of these provisions in Catalonia after the adoption of its Statute. Despite the marked tendency towards centralization the distribution of legislative powers between the state and its administrative units was an important innovation, which attracted the attention of contemporaries. Republican basis of the legal system is identified with the direct participation of the people in the law-making process by the people''s legislative initiative and the possibility to adopt laws by referendum, as well as to adopt Statutes of the regions by their electors. People`s participation was carried out also by representative bodies: the Cortes, president, government.
Esta tesis producto del trabajo de investigación se planteo sobre las bases de un derecho administrativo interno creado para resolver los problemas suscitados al interior del Estado en consonancia con los postulados constitucionales, teniendo en cuenta el artículo 4° en que se establece la supremacía de la Constitución y los artículo 9°, 93, 94 y 224 al 227 que ordenan el desarrollo del derecho de integración en el marco de los países Latinoamericanos y del Caribe, por lo que surge la imperiosa necesidad de armonizar el derecho de la integración con el ordenamiento jurídico nacional y en especial con el derecho administrativo quien deberá recepcionar el mencionado ordenamiento supraestatal, alterando las tradicionales concepciones de las fuentes de este derecho interno. Por lo tanto, desde la perspectiva del derecho administrativo comprendido como un derecho legislado que regula las relaciones entre el Estado y los particulares en el que prevalece el "principio de legalidad" de los actos administrativos, se puede intuir que constituye un problema jurídico los impactos derivados de los tratados de integración, donde nos preguntamos sí las categorías de fuentes actuales del derecho administrativo son las adecuadas para abordar la recepción de estas disposiciones Por lo que al explorara las incidencias en el derecho administrativo con ocasión de la recepción del derecho de integración con particular énfasis en la Comunidad Andina, identificamos que uno de los rasgos más distintivos del ordenamiento jurídico andino, como el de otros esquemas de integración, proviene del discutido concepto de supranacionalidad. Dentro de la teoría jurídica contemporánea la comprensión de este término trae una novísima concepción que al mismo tiempo es respetuosa de la soberanía interna de los Estados miembros, la cual permite el surgimiento del nuevo ente común donde es posible la distribución de competencias en la reglamentación de ciertos ámbitos entre autoridades multilaterales y nacionales, conservando su propia autonomía. Este concepto ha permitido que en el ordenamiento comunitario andino, a semejanza de lo que acontece en el derecho interno de los Estados, exista un sistema de control de las normas jurídicas garantizado por una jurisdicción contenciosa-administrativa ejercida a través del Tribunal de Justicia de la Comunidad Andina. Lo que en definitiva incide en el derecho administrativo interno al encontramos frente a ordenamientos independientes, como lo son los del derecho de integración, en los que se producen, aplican y ejecutan normas según las reglas de juego adoptadas para ese efecto por los Estados miembros, que dependerán del marco del proceso de integración y su armonización con las normas internas. Es por ello, que en el resultado final de esta tesis se constata la aparición de nuevas fuentes de legalidad, donde ya no sólo se contemplará la ley y la jurisprudencia, ésta última posicionada con el devenir del tiempo debido a su pertinencia, como lo podemos contrastar con la expedición del Nuevo Código de Procedimiento Contencioso Administrativo (L. 1437/11) que aún no ha entrado en vigencia, en donde se resalta la importancia del Precedente Judicial a partir de las sentencias de unificación del Consejo de Estado. Pero más allá, de este nuevo reconocimiento legislativo, el sistema de fuentes establecido se verá alterado en su jerarquía con el derecho que nace con ocasión de los tratados de integración, lo que aún no se refleja en este nuevo Código, el cual no prevé la aplicación de las nuevas fuentes de legalidad. ; This thesis research work product will pose on the basis of an internal administrative law created to address the issues raised within the state in line with constitutional principles, taking into account article 4 which states the supremacy of the Constitution and Article 9, 93, 94 and 224 to 227 orders for the development of international integration within the Latin American and Caribbean countries, so there is the urgent need to harmonize the law with the legal integration national and especially administrative law who must recepcionar the order mentioned supra, altering the traditional conceptions of the sources of this law. Therefore, from the perspective of administrative law understood as a statutory law governing relations between the state and individuals in which prevails the "principle of legality" of administrative acts, one can sense which constitutes a legal problem impacts derived from integration agreements, where we ask each other categories of existing sources of administrative law are adequate to address the reception of these provisions So to explore the impact on administrative law at the time of receiving the right to integration with particular emphasis on the Andean Community, we identified that one of the most distinctive features of the Andean legal system, as other integration schemes coming discussed the concept of supranationalism. In contemporary legal theory to understand this term brings a brand new concept that is both respectful of the internal sovereignty of the Member States, which allows the emergence of new common entity where it is possible the division of powers in the regulation of certain areas between multilateral and national authorities, while retaining its own autonomy. This concept has allowed the Andean Community law, similar to what happens in the domestic law of States, there is a control system of legal norms guaranteed by a contentious-administrative jurisdiction exercised by the Court of Justice Andean Community. Which ultimately affects domestic administrative law to separate jurisdictions are facing, as are the law of integration, which are produced, implemented and enforced rules under rules adopted for that purpose by the Member States that depend on the context of the integration and harmonization with internal norms. Therefore, in the end result of this thesis confirms the emergence of new sources of law, where consideration will not only law and jurisprudence, the latter positioned with the passing of time because of its relevance, as we can contrast with the issue of the New Code of Administrative Procedure (L.1437/11) that has not yet entered into force, where it highlights the importance of Judicial Precedent from Case unification of the State Council. But beyond this new legislative recognition, the system font set is altered in its hierarchy with the right opportunity that comes with integration treaties, which still is not reflected in this new Code, which does not provide application of new sources of law.
학위논문(석사)--서울대학교 대학원 :사범대학 체육교육과,글로벌스포츠매니지먼트전공,2019. 8. 이충근. ; 건강, 빈곤, 좋은 인간관계 등 삶의 다양한 부문에서 발전을 이루기 위한 스포츠의 잠재력은 학문적, 사회적 주제가 되었다. 유엔과 노벨상 수상자인 Bishop Desmond Mpilo Tutu와 Nelson Mandela와 같은 세계적인 사람들은 스포츠의 힘을 강조할 것을 주장했다. 국제적 위기를 직면하여 스포츠는 빈곤해소, 교육, 건강, 갈등, 그리고 전쟁에 대한 효과적인 도구로 확인되었다. 가나에서 대부분의 공동체의 평화를 해친 갈등의 근원은 토지분쟁, 정치적 우월주의, 계승, 종교적 폭력 등 다양한 부족 및 인종 간 갈등이다. Alavanyo와 Nkonya의 갈등은 가나에 존재하는 가장 큰 갈등 중 하나로, 한 세기 전 토지 분쟁으로 인해 시작되었다. 스포츠는 가나의 여러 가지 근본적인 차이를 통합하기 위한 헌법적 의무를 가진 사나 사회의 필수 요소이다. 많은 근본적 갈등이 나타났을 때 스포츠는 가나인들의 사회에서 거대한 통합을 촉진하는 주요한 도구이다. 다양한 갈등 집단의 화해도 역시 스포츠 개발과 평화 발의를 통하는 스포츠의 핵심 요소이다. 이 연구는 풀뿌리 활동과 스포츠 이벤트에 대한 독창적인 접근 방식을 취한다. Alavanyo와 Nkonya 사람들은 그들 스스로 이러한 이벤트를 조직화한다. 이 연구는 전문적인 지원을 통해 더 큰 영향의 가능성을 확인하는 것을 목적으로 한다. 사회적 사건의 의미를 해석하는 방법은 이 연구에서 분석의 기초가 되었다. 이 연구는 Alavanyo와 Nkonya 공동체 내에서 개인 수준부터 공동체 간 수준까지 이르는 기초적인 스포츠 활동의 존재를 입증한다. 더욱이, 스포츠는 Alavanyo와 Nkonya의 한 세기를 걸친 갈등의 해결 과정에서 보조도구로서 의미 있게 기여할 기회를 가진다. 이들에게는 축구와 배구, 그리고 놀이에 대한 흥미와 같은 공통적인 스포츠가 존재한다. 뿐만 아니라, 주민들은 다양한 성공 가능성을 가진 스포츠를 통해 그들 스스로 플랫폼을 만들고자 시도해왔다. 한 때, 스포츠가 지역의 긴장을 완화했다는 사실은 시간이 지남에 따라 양 측의 교류과 혼합을 허용함으로써 스포츠의 전문가들과 함께 조직화 되면 희망이 될 것이다. 갈등의 지속 기간은 Alavanyo와 Nkonya 지역의 변화와 발전에 대한 갈망과 일치한다. 이 연구는 긴장이나 전쟁과 같은 불쾌한 기억 뿐인 사람들의 이주에 대처하기 위해서는 이 지역이 필요한 변화를 빠르게 추적하고 대처할 것을 제안한다. Alavanyo와 Nkonya 보다 더 복잡한 상황에 있는 남아프리카 공화국처럼 관련 당국이 지역의 차이를 해소하기 위한 공동의 노력에 집중하는 것이 성공 가능성이 가장 높다. 두 지역이 총 화해를 위해서는 화해를 향한 단계에 관한 유사 시스템을 개발하거나 Auerbach의 화해의 계층구조를 고려해야 한다. 따라서 가나의 정부와 스포츠 당국이 스포츠의 많은 혜택을 실현하고 갈등 해결에 대한 전략을 채택하는 기회를 활용하기 위해 진지하게 고려할 것을 제안한다. 우리는 SDP 조직이 아프리카 지역의 가나 및 다른 국가의 개발활동을 위해 스포츠를 활용하고 성장하도록 지원할 것을 당부한다. ; The potential in the power of sport for achieving development at various sectors of life—spanning health, to poverty, to good human relations—has become a topic of both academic and social discourse. Both the United Nations and world-renowned individuals like the Noble Prize winner Bishop Desmond Mpilo Tutu and Nelson Mandela have made elaborate claims emphasizing the power of sports. Confronting Global crises, sport identified as an effective tool for poverty reduction, education, health, conflicts, and war. In Ghana, one devastating root of conflicts that has marred tranquility in most communities is tribal/ethnic conflicts precipitated by land disputes, political supremacy, succession, religious violence, among various others. The Alavanyo and Nkonya conflict is one of the longest still existing conflicts in Ghana. It started due to a land boundary dispute about a century ago. Sports is an integral part of Ghana's society with a constitutional mandate of integrating the many fundamental differences in the country. Marked with many underlying conflicts, sports is a major tool to foster greater inclusion in the Ghanaian society. Reconciliation among various conflicting groups is also at the heart of sports through the Sports for Development and Peace initiative. This research took a unique approach of accessing grass root activities and sports events. The people of Alavanyo and Nkonya among themselves organized these events. The purpose is to ascertain the possibilities of greater impact through deploying professional assistance. How one interprets the meaning of a social occurrence formed the rudiments of analysis used in this research. The research proves that fundamental sporting activities exist within the Alavanyo and Nkonya communities even at the individual level, to the inter-community level. Indeed sports has chances of making meaningful contributions to the Alavanyo and Nkonya's century long conflict resolution process as an auxiliary tool. There is an existence of common sports such as Football and Volleyball, and an interest to play together. In addition, residents have tried various attempts to create for themselves platforms through sports with various degrees of success. The fact that sports has once lightened tensions in the region—to allow trade and shuttling between the two sides in times past, create hopes of its impact—if more organized, with the involvement of sports for peace experts. The longevity of the conflict matches the hunger of some people in the Alavanyo and Nkonya region for change and development. This suggests the readiness of the region for innovative initiatives to help fast track the needed change to counter the migration of people, and the association of the region with nothing but the unpleasant memories of tension and war. As occurred in post-apartheid South Africa, which has a more complicated situation compared to that of Alavanyo and Nkonya, expectations are that when relevant authorities are involved with a concerted effort to resolve the differences in the land—achieving success is most probable. All that is required is to engage all affected parties taking into consideration Auerbach's hierarchy of reconciliation or developing a similar system to guide steps towards total reconciliation in the region. It is therefore encouraged that the government and sports authorities in Ghana should take it more seriously—realizing the many benefits of sports, and exploit its chances in strategies drawn for conflict resolution in the country. We implore SDP organizations to look favorably on supporting the planting and growth of sports for development activities in Ghana and other countries in the African sub region. ; Abstract iii List of Tables x List of Figures x Chapter 1. Introduction 1 1.1 Background 1 1.2. Careful Use of Sport 4 1.3. Impact of Sports in Africa 6 1.4. Alavanyo and Nkonya Conflict in Ghana 7 1.5. Statement of Problem 14 1.6. Significance of the Study 15 1.7 Research Questions 16 Chapter 2. Literature Review 18 2.1. Theoretical Review 18 2.1.1. Peace 18 2.1.2. Peace-building 20 2.1.3. Reconciliation 24 2.2. Youth Development through Sport 28 2.2.1. Youth 28 2.2.2. Sport 30 2.2.3. Youth and sports for development 31 2.3. Previous Research on Sport for Development and Peace 32 2.3.1. Implication of previous research 40 Chapter 3. Methodology 42 3.1. Research Method – Qualitative 42 3.2. Study Population and Sample 42 3.2.1. Sampling: 43 3.3 Measures 44 3.4. Strategy of Inquiry 45 3.4.1. Focused group interviews: 45 3.5. Data Analysis (Interpretivism) 47 3.6. Ethical Cosiderations 48 Chapter 4. Results 49 4.1. Participants/Respondents 49 4.2. Results and Interpretation 51 4.2.1 Early introduction 52 4.2.2. Values based 54 4.2.3. Commonality 56 4.2.4 Belongingness 57 4.2.5. Timing 58 4.2.6. Existing Interest 62 4.2.7. Prioritization/Availability 64 4.2.8. Challenges 65 4.2.9. The potential (future) of sports 67 Chapter 5. Discussion and conclusion 70 5.1. Discussion 70 5.2. Limitations of this research 73 5.3. Recommendations for Further Study 75 5.4. Recommendations for Relevant Authorities 75 5.4. Conclusion 77 BIBLIOGRAPHY 80 Appendix A 85 Appendix B 86 국 문 초 록 88 ; Master
Introduction: After the Second World War, the political and economical block that today we call European Union started when six countries sought to ensure the peace among them. Belgium, France, Germany, Italy, Luxemburg and the Netherlands put their heavy industries under a common management, with the Coal and Steel Treaty, so no one could build weapons or develop its war industry without the others knowing it. This experience led to the Treaty of Rome in 1957 and 50 years later the ideas of people, goods and service freedoms continue spreading around, and the European Union has become one of the best examples of economical, political and cultural integration, and a reference around the world to encourage other regions to group. Therefore, among others, the Latin America Free Trade Association (LAFTA) appeared in 1960, the Association of Southeast Asian Nations (ASEAN), in 1967; the North American Free Trade Area (NAFTA), in 1991; and the Common Market for Eastern and Southern Africa (COMESA) in 1993. In the case of South America , in spite of their good intentions, the huge asymmetries between LAFTA members caused the apparition of sub-regional blocs: the Andeans Community (CAN) founded in 1969, and now grouping Bolivia, Colombia, Ecuador, and Peru; and the Southern Common Market (MERCOSUR) founded in 1991, between Argentina, Brazil, Paraguay and Uruguay. Nowadays, after more than 40 years of integration processes, there are still strong problems inside both sub-regional blocs. CAN Member States have several diplomatic discussions regarding their political models; and Peru, Ecuador and Colombia have or are negotiating independent Free Trade Agreements with external blocs, including USA and the EU. In the other side, MERCOSUR's main players -Argentina and Brazil- have commercial disputes at the World Trade Organization, surrounding their own sub-regional bodies . Nevertheless, these two sub-regional associations were the basis for the South American Community of Nations (CSN on Spanish) in 2004, and from that point, the present attempt to unify South-America: the South American Union of Nations (UNASUR, 2008), with the participation of Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Surinam, Uruguay and Venezuela. The integration levels in political and economical affairs in this latter group are expected to change the way international relations will be conduit in the future of South-America. This new regional bloc has an extension of 17 658 Km² and 383 million inhabitants (2007) . With a general GDP of $2348 953 (2007) and a GDP per capita of $6126 (2007), it is one of the regions with more perspectives of development, but it is also one of the regions with the highest degrees of economic asymmetry. While in 2007 Chile, Venezuela and Brazil had a GDP per capita (2007) of $9865, $8601 and $6819, there were other countries like Paraguay and Bolivia, with a GDP per capita (2007) of $1669 and $1342. These asymmetries have leaded to strong disagreements between South American countries during previous integration process. An example that just pooling economies is not the whole solution for development is the case of Paraguay, in the middle of MERCOSUR and with barely a quarter of the MERCOSUR's GDP $6642 (2007). 'Integration' will not always mean international governmental organizations where Member States have decided to transfer competitions and empowerment of supranational institutions; in this Master Thesis, the South American integration processes will be defined as '(...)the creation and maintenance of intense and diverse patrons of interaction between previously autonomous units.' Furthermore, 'Integration' in the context of the South American reality included two concepts: 'Regionalism' and 'Regionalization'. The first is related to the wave of thinking, the interaction projects and the political initiatives (the processes) and the second, to the institutions or the agreements that represent the integration (the result). This Master Thesis tries to be oriented to describe the processes more than the institutions or the agreements; nevertheless, it is not possible to present the first without the second and vice versa. What kind of integration can be expected in South America? What kind of goals, challenges and success can South-American Nations find in their way to a social, political and economical integration? Whereas the EU is -since its very beginning- a supranational initiative, South American regional and sub-regional blocs are characterised for being mostly, the result of intergovernmental agreements. Will this difference be determinant in the integration processes? In this thesis of Master in European Studies, the South American integration -processes and institutions- will be review under the framework of six dimensions that give the EU its character of integrated regional bloc and are advocated to deep the South America Integration. Three of them related to structural bodies: executive, judicial and legislative; and the other three related to the policies that defines a Union: Monetary Policy, Foreign and Security Policy; and, Social and Development Policy. In order to do not miss the main emphasis, the description and analysis of the executive supranational body will be deeper than the corresponding to judicial and legislative bodies and the three common policies. In addition, two cases of the South American Integration will be modeled, to present the best possible scenarios to foster the integration. By the comparison of the structures and policies, and by the scenario modeling; this Master Thesis attempts to demonstrate that the lack of supranational authority and law enforcement power will play a determinant role in the success or failure in the South American integration process. The analysis in this thesis can be divided in two sections, the descriptive part and the analysis of Case Study. The information for the descriptive part is mostly from published books, research papers, journals and case studies, the information for the Case Study comes mostly from News and Newspaper articles. The technique used in the analysis of the Case Studies is the Theory Game: a shared-decision model with two players that have different priorities for the same decision. The methodology for that is described more widely in section 4.1 Fundamentals of Game Theory. This Master Thesis presents the South American integration as a whole, and the UNASUR as the present meeting point of the Andean Community and MERCOSUR. Therefore, wherever South American Integration is mentioned, it is not limited to UNASUR, CAN or MERCOSUR analysis, because they coexist and overlap each other at the same time. Instead, time framework and integration approaches are considerations that need to be undeniably included. To write about the integration processes in South America is to review almost 40 years of history and political agreements and disagreements of twelve countries and the influence that they received from external factors, like Central-, North America and Europe. Nowadays, the remaining sub-regional blocs face the opportunity to pool agreements in a new attempt, together with the risk of breaking-off of the Treaties, by the influence of external agreements of Member States with third parties around the world. For reasons of space, and to focus in the present regional integration process, those external agreements, like the NAFTA or the negotiations between the CAN and the EU, and their influence in the South American regional integration process are not going to be covered in this Master Thesis. That does not mean that their influence is negligible, rather than that, in some cases, like the Free Trade Agreements between the USA and Colombia, or Peru, it means the risk of the end of the CAN as a sub-regional economic bloc. In addition, a commercial developments analysis of the South American integration process requires a separate review of each commercial category and each bilateral agreement and therefore, a deeper description of those topics is not included. Other issues that are not going to be covered in this Master Thesis are those integration processes or commercial agreements that are not part or do not lead to the South American Union of Nations, like the 'Bolivarian Alternative for Our Americas' (on Spanish ALBA) or the 'Commercial Agreement of the Peoples' (on Spanish TCP). Their own dynamic and priorities are quite interesting; nevertheless going deeper in these issues could mean to reduce attention in the main topics of this Master Thesis. This Master Thesis uses study cases to describe two facets of the South American Integration process under the Two-Person Model of the Game Theory. The model used in this Master Thesis is characterised for the intersection of two players with mutual influence and different priorities. Game Theory is a useful analysis tool with many applications in mathematics, economics and political fields; nevertheless, as a model, it is a simplification of the reality and therefore, some details like the simplicity of its initial assumptions, the deep of the analysis, outsider players and feedback, are limited, further details of these limitations are presented in section 4.2. The analysis of a play of a Game, under the Game Theory can also be made by a mathematical approach. That mathematical approach is not going to be considered in this Master Thesis in order to keep the focus in the integration process.Inhaltsverzeichnis:Table of Content: Dedicatory and Acknowledgementsii Abstractiii List of Contentsiv List of Tablesv List of Figuresvi List of Acronymsvii I.INTRODUCTION1 1.1Introduction2 1.2Methodology4 1.3Remarks4 II.SOUTH AMERICAN INTEGRATION FRAMEWORK DEVELOPMENT6 2.1Political Framework Development towards the South-American Union of Nations7 III.SOUTH AMERICAN INTEGRATION UNDER THE EU FRAMEWORK26 3.1'New Regionalism' and the functional approach of South American integration.27 3.2South American- and EU- Integration Structures and Policies34 3.2.1A Supranational Executive Body37 3.2.2Supranational judicial functions41 3.2.3Supranational legislative functions43 3.2.4Common Currency and Supranational Monetary Institution46 3.2.5A Common Foreign and Security Policy47 3.2.6A Common Social and Development Policy48 IV.GAME THEORY AND SOUTH AMERICAN INTEGRATION CASE STUDIES50 4.1Game Theory51 4.1.1Fundamentals of Game Theory51 4.1.2Limitations of Game Theory54 4.2Case Studies55 4.2.1Case Study 1: Political Integration, the creation of the South American Energy Council (2007)55 4.2.2Case 2: Economical Integration, the Ecuadorian safeguards settlement (2009)62 V.CONCLUSIONS AND FINAL COMMENTS67 REFERENCES71 APPENDIXES Appendix A: South American figures78 Appendix B: Game Theory Glossary82 Appendix C: Combined priorities84 DISCLAIM89Textprobe:Text Sample: Chapter 3.2.1, A Supranational Executive Body: Regarding the legal order, Supranationalism means that sovereign states agree to abide by norms which are adopted at a higher level of organization. In the case of the European Union, Supranationalism is not referred to the transfer of sovereignty; it is only the transfer of the power to exercise that sovereignty. Together with that, the supremacy of the Community law and the principle of direct effect present that the legal system of the Community has a federal nature. Thence, a Supranational Institution has competences to exercise powers that belong to sovereign States. In addition, the exercise of this power should be in line with the principles of proportionality, i.e. No action shall go beyond that it is necessary; and subsidiarity, i.e. In competences that Supranational Institution shares with Member States, it does intervene only if the objective of the action cannot be achieved by the Member State. The interaction between national governments and EU Institutions, together with the freedom to act according to those competences, is the basis for the adoption of the EU rules. Beyond the legal order, Supranationalism may be employed in decision-making, monitoring and enforcement. Supranationalism can also be divided in decisional (pooling sovereignty) and normative (delegation of power). Decisional Supranationalism is referred to those decisions taken by voting procedures other than unanimity, and when governments decided to act either jointly or not at all. Normative Supranationalism refers to the delegation of power to autonomous institutions that are created by the Member States. Therefore, a Supranational Executive Body will be an Institution with the right to adopt normative decisions directly based on the Treaties, with the autonomy to execute those decisions, and without the need of approval by the Member States. Supranational actors contribute to the integration by different means and reasons. Moravscik presented that pooling or delegation in the EU, are means to assure that other governments will accept agreed legislation or enforcement in issue-areas, where joint gains are high and distributional conflicts are moderate, and where there is uncertainty about future decisions. Other contribution of supranational bodies to integration process is that they might reduce the transaction costs by institutionalizing the integrative dynamic and negotiating procedure; and, it may assist national governments in issues area in which there are reasonably clear added benefits working according to the rules, but with predictable temptations to chat in response to short-term pressures. In addition, supranational institutions bring mutual confidence; smaller countries, which want their interests taken in account, especially in multinational scenarios where there is not veto power, can relay in the impartiality of supranational actors, instead of intergovernmental decision-making procedures, where the most powerful Member States shape the process. Probably the best example of the contribution of a Supranational Executive Body to Regional Integration is in Competition Policy: The Commission received decision powers in the sphere of state aid, based on the EEC Treaty provisions, due to the necessity of an impartial and independent body to apply agreed rules to face national pressures. One of the earliest Community Regulations fixed the modalities by which the Commission would exercise that power directly to ensure that undertakings respected antitrust rules. A supranational executive body can also shape the process and foster the integration. An example is the development of the European Monetary Union (EMU). Monetary union was neither the uncontested solution to economic problems, nor an easily obtainable response to German reunification. Nevertheless, Commission officials successfully disseminated the notion that EMU altogether provided a coherent solution to the problems created by financial globalization and the end of the Cold War; furthermore, they were leading actors in the sudden proliferation of governmental initiatives in France, Italy and German in favour of the EMU. By doing that, they fostered solid political momentum behind an originally lukewarm and unfocused demand for monetary integration. There are several reasons and examples of the benefits of a Supranational Executive Body; nevertheless, South American Nations still working with Intergovernmental Structures. During the negotiations for the UNASUR Constitutive Treaty, its former General Secretary, Rodrigo Borja, presented a proposal for the authority and competences of UNASUR. In that document, member states, '(...) in exchange of the economical, political and geopolitical advantages that a common order can offer; agreed in the limitation of some of their sovereign faculties and will form the Union with common decision and executive multinational bodies'. The proposal was not accepted and finally, was part of the reasons of Borja's resignation. While in the case of the EU, the presence of a Supranational Executive Body is one of the strongest driving forces of the integration process, in the South American context, there is not yet a political will to pool sovereignty. Solón, pro-tempore General Secretary of UNASUR from 2006 to 2008, affirms 'Nobody doubts that in the future it will be necessary to move to supranational authorities (...) but today they want an agreement where everybody shall count with the other to have a meeting point'. Behind that attitude, the reasons that can be drawn are the political will of member states, driven by governments or national monopolies, which do not want to lose control over the process and the stagnation of the over-institutionalism in the past (Central America Common Market and the CAN). The stagnation of over-institutionalism drives member states to appeal to external bodies in the dispute settlement, continuing the weakening of the idea of a supranational body; the political will of member states, or its absence, could be explained for the existence of strong national political elites, allowed for the late trade liberalizations of national monopolies. Rajagopal refers to studies of how MERCOSUR member states have been primarily driven by domestic political considerations when they have furthered the integration process. This it could lead to conclude that they are not likely to develop the kind of supranational governance institutions present in the European Union; as policy elites in MERCOSUR, member states desire to maintain a great deal of domestic policy autonomy. In addition of its intergovernmental character, the faculties of the UNASUR Secretariat as Executive body are restricted by its small budget of 3 million US$/year, much more limited than the 5,4 million US$/year of the CAN General Secretariat ; and by the denial of the proposal of pooling the executive bodies of CAN and MERCOSUR. Another issue to consider is that the feasibility for South American countries to pool sovereignty or to delegate power varies from one Member State to another, according to their own constitutive and legal framework. In some cases, Constitutional texts are quite clear in stimulating regional integration and stressing the prevalence of regional law, like the Venezuelan Constitution that allows to 'confer on supranational organisations (...) the exercise of the powers necessary to carry out these integration processes (...)'(Art. 153, Venezuelan Constitution 1999). The Colombian external relations 'are based on national sovereignty (...) and on recognition of the principles of international law accepted by Colombia' and 'The State shall promote economic, social and political integration with other nations(…)', (Art. 19 and Art. 227, Colombian Constitution 1991). There are, however, other Member States whit Constitutions that needs amendment to pool sovereignty; like the Bolivian Constitutions which states 'The public authorities may not delegate the powers conferred on them by this Constitution, or confer on the executive branch powers other than those expressly conferred on them by it' (Art. 30, Bolivian Constitution). Therefore, the creation of a supranational executive body could not be totally accepted until the totality of the national Constitutions were in line with it. In addition to the considerations presented above, Chapter IV presents two Case Study based on the Game Theory to demonstrate the strong influence of an executive body with supranational competences in the integration process. Nevertheless, it is likely to expect that present integration structures will remain tied to intergovernmental political intentions, and the integration process will loose the benefits of a Supranational Executive Body.
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R.R. mm 46 THE MERCURY. A PHANTASY. CHARI.ES WELSEY WEISER, '01. ; 5 WO spirits floating through the air Leave their mark of passing there. The spirit of the scentless spring, And summer's scented spirit bring Their breath of life and breath of love, And wave ethereal wings above The weary brow. With soothing hand They stir to life the waiting land. The azure sky, the sun and flowers, The bursting bud of woodland bowers, The tender grass, the songsters' strain Compose for life love's sweet refrain Of fellowship. (lI 'Tis evening and the twilight gray Creeps o'er the half-forgotten way, As passing on in pensive mood, Through the ancient hemlock wood, I see beneath the massive trees, Fanned by the evening breeze, A stalwart man reposing lay Beside the lonely grassy way. Tall and brawny, noble., fair, With beaming eyes and wavy hair, He forms a picture good to see— Nature's perfect mastery Commanding all. He speaks—the tones in clarion notes Upward through the branches float. He smiles—and wins with glances bright, Fellowship's most welcome light. "Nature," says he, "perfect, strong, Note and strive for ; and prolong Your days ; and usefulness, and peace, And love, from life shall ne'er cease." I fain would speak, but wake to see 'Tis only a bright phantasy Wrought by Spring-tide on the mind, That seeks in life and love to find The perfect whole. I V* . THE MERCURY 47 "RABBI BEN EZRA." ABDEL R. WENTZ, '04. [Graeff Prize Essay.] ROBERT Browning's Rabbi Ben Ezra is a transcript from the natural experience of a human soul. The struggle between lower and higher ideals has already been fought on the battleground within the soul. The conflict between faith and doubt is over. Faith stands victorious. We have here por-trayed a picture not of action but of a soul in intellectual fer-mentation, the concomitant of action. The poet speaks from emotional imagination in expressing the wish of his soul to be in touch with the infinite. And the passion here described is one that is universal to mankind and one that is deepest and most widely felt in loving human nature. Other poets have attained the same depth of thought, a number have expressed somewhat the same ideas as are here set forth, but probably no poem stands in exactly the same relations as Rabbi Ben Ezra. We propose, therefore, to inquire briefly concerning the Rabbi and his part in the poem, to examine in a general way Brown-ing's philosophy of life as unfolded in the body of his religious poetry, to analyze the thought of this poem and see how the philosophy of life is here set forth, to ascertain what relation the poem sustains to the teachings of Christianity, and to make some observations concerning its rhetorical composition. Abraham ben Meir ben Ezra is the full name of the Rabbi to whom Browning assigns this monologue, but he is more commonly known as Ibn Ezra. Born in Toledo, Spain, about 1088, he started to travel early in life and visited all parts of western and southern Europe and northern Africa. His last days were spent in Rome and here he died in 1167. He was an earnest student of astronomy and won much fame not only as an astronomer but also as an astrologer and physician. In him the Platonic philosophy had an able advocate. Wherever he went he became distinguished for his great learning and his varied accomplishments, but his chief renown seems to have I im 48 THE MERCURY. been as grammarian, biblical commentator, and poet. But great as was the scholarship of the Rabbi, his piety was even greater. From all his writings and from the account of his life we gather that he was a man of extraordinary spiritual rectitude under the complete guidance of the word of God. Such was the man to whom Browning here attributes the philosophy of life. So thoroughly is Ibn Ezra adapted to the expression of such a philosophy and so well do the sentiments here expressed ac-cord with the writings of the Rabbi that the question has been raised whether Browning meant Rabbi Ben Ezra to serve as a statement of his own philosophy or that of Ibn Ezra. There are, indeed, a number of Jewish elements contained in the poem ; as, for instance, the abiding trust in a central righteous-ness. But Browning was specially fond of weaving such ele-ments into the woof of his thought; in fact, in his own nature, both spiritual and intellectual, he was not entirely free from cer-tain Jewish characteristics. Moreover, a great many of his il-lustrations and traditions are taken from among the Jews and no other English poet, with the single exception of Shakespeare, commands for the Jew the same admiration and compassion that Browning does. It seems only reasonable therefore that the poet in presenting his own views concerning life should draw some of his less important ideas from the writings of the Rabbi and thus weave into the poem sufficient coloring to ac-count for the idiosyncrasies of the individual whom he has chosen to give expression to those views. But the strongest proof that Rabbi Ben Ezra expresses Browning's own theory of life, lies in the fact that it is prac-tically a recapitulation of the very sentiments expressed in many of his other poems, as witness Sordello, Abt Vogeler, Saul, The Pope, A Death in the Desert, Reverie, and quite a number of others, all of which develop the same life-philosophy as Rabbi Ben Ezra does. Just as Cicero made use of the venerable Cato as his lay figure in setting forth his views on "Old Age," so Browning has used different personages to develop his philoso-phy, in each case adapting some of the incidentals to the indi- » ■ > THE MERCURY. 49 * * vidual personage. In Jochanan Hakkadosh we have another instance where Browning uses a Jew as his mouthpiece to give utterance to his theory of life. And in the poem under con-sideration he has placed this theory in the mouth of the Rabbi for no other purpose than merely to furnish it with a back-ground; for Browning himself explained of Sordello: "My stress lay on the incidents in the development of a soul; little else is worth study." Being assured then that Rabbi Ben Ezra is merely a restate-ment of Browning's theory of life, it may be well before pro-ceeding to the thought analysis of the poem to try to gain some idea concerning his philosophy of life as developed in the rest of his religious poetry. This philosophy begins in his very first publication, Pauline, where its crude outlines are to be seen; it is more carefully developed and at much greater length in his next production, Paracelsus, and then re-appears from time to time among his productions, and receives its final utterance in his very last poem, Reverie. It is a noteworthy fact that Browning formed this view of lite in his youth, and that no-thing in his life experiences gave him occasion to change it, so that traces and reiterations of it are to be seen in poems cover-ing a period of sixty years of his life. The whole trend of his philosophy might be summarized in the statement that the aspiration towards divine Power and Love is the most exalted ideal for the human soul. The intensity of the universal passion of human love reaching out towards some object which shall satisfy aspiration gives him the conception of God as infinite Love and of the future life as one in which Love incarnate shall have a place. This earthly life is merely a period of probation; man here is in constant pre-paration for another life. Past influences constitute the cri-terion by which to judge of the future, and our development here is determinative of our hereafter, either for growth or de-cay. But in this life we are surrounded by innumerable lim-itations and conditions. All our attainments are bounded by the finite. The divinity at the root of man's nature is too great for the sphere which contains him, arid yet it is this very di-vinity which gives rise to aspiration. Aspiration in turn causes ' ill i. 111 , ,., ,.j,i;iMl8M ■ 50 THE MERCURY. discontent, difficulties, and failures, and these point to infinite success and goodness. Thus we are made to realize the limi-tations and imperfections of our finite existence and to strive ever onward and upward to infinite freedom and perfection. It is precisely this imperfect nature in man which gives him the susceptibility to infinite growth and development; and this is "Man's distinctive mark alone," that which raises him higher in the scale than the brute and places him "a little lower than the angels." Only by our temporal failures are we led to see the possibility of eternal success. Internal dissatisfaction with our attainments on earth induces aspiration towards the divine. Man is "a living personality linked to the principle of restless-ness;" he must recognize his limitations and work within them, never losing sight of the infinite beyond nor ever ceasing to as-pire toward that perfection of freedom. To become content with even the highest attainable per-fection in this earthly life would mean to renounce all noble de-sires and to deny the inner light. This present state must not be regarded as an end in itself and submission to the conditions which it imposes would only result in fatal loss. To fail to recognize our imperfect nature would be to deny the possibility of spiritual growth. No, we must never be satisfied with this earth and its meagre successes; we must never rest content with this stage of imperfection. We must recognize the possi-bility of higher results than any attainable on earth and must aspire to something beyond the limits of time and space. "A man's reach should exceed his grasp, Or what's a heaven for?" It is this very quality—this constant discontent with earthly attainments, this endless aspiration for something higher—that makes life a struggle and the earth a bivouac of strife. Man must be actuated by a constant and conscious impetuosity to-wards the divine, drawing new impulses out of each failure, ever realizing with Tennyson, that, "Men may rise on stepping-stones From their dead selves to higher things." THE MERCURY. Si Each failure should give rise to greater effort and higher aspira-tion. According to Abt Vogeler, the musician accepts the pro-longed pause as an earnest of sweet music, and the discords as an evidence of more highly-prized harmony to follow. The limitations of this life are only suggestions of the infinitude of the life beyond. These. temporal barriers shall become the doors opening to the eternal life of infinite beauty, happiness, knowledge and love. The little mountain rill, as it flows down, has many rough places to cross, many obstacles to encounter, many rocks and precipices to pass, but continually receiving new life from other streams it grows deeper and stronger until at last it becomes a great, deep river, and, undisturbed now by the huge boulders beneath its surface, it flows calmly on to join the peaceful, powerful ocean. So the soul, weak at first and prone to despair, must work within its limitations and by an endless succession of aspirations and failures, each failure stimu-lating stronger endeavor, make its way to God and to the real-ization of perfect Power and Love. Having thus gotten a view of the philosophy of life as Brown-ing held it, we will be better able to follow in analysis the thought of Rabbi Ben Ezra, where this philosophy is stated with greater conciseness, perhaps, than anywhere else in Brown-ing. But -first it must be said, by way of explanation, that Rabbi Ben Ezra is not argumentative in its character; it is merely the statement of facts of positive knowledge. Its view is intuitive and it states conclusions without employing courses of reasoning. We shall not expect, therefore, that the thought of the different stanzas will in every instance be arranged in strict logical sequence. Mellowed with years, the venerable Rabbi gives to the young man the cheerful assurance, " The best is yet to be," and in the quietude of life's evening hour proposes a retrospect of the day and a prospect to the tomorrow. Bidding us to trust in God te reveal His whole plan, he first considers youth. This is a period of hesitation and ambition, of "hopes and fears." All of youth's brief years are passed in doubt and indecision. But for this the Rabbi has no remonstrances, for this very doubt is S2 THE MERCURY. the actuating influence—the "troubling spark"—which distin-guishes us from the brute creation; brutes have their end of living in self-satisfaction, and in the gratification of sense are free from care and doubt. But man's greatest glory and that which attests his affinity with the great Provider lies in his noble desires and lofty aspirations which can never be satisfied on earth; this is the disturbing spark that proves his spiritual nature. We should therefore endure with good cheer the lim-itations that are here placed upon us, and, despite life's difficul-ties and discomforts, ever strive and learn and dare. For the seeming failures of this earthly life simply prove our suscepti-bility to the achievement of eternal success. Our aspiration to the unattainable raises us higher in the scale than the unpro-gressive brute, and he, who hopes to succeed in his flesh and to that end subordinates soul to body, can scarcely deserve the noble name of man. And yet the body is not without its use; all past experi-ences in the flesh serve to teach valuable lessons in this train-ing- school for eternity, and the heart of the Rabbi beats in sin-cere gratitude for the opportunity of living as a man, a part in the one great plan of perfect Power and Love. He trusts him-self implicitly to the will of his Creator and hopes thus to gain the victory over low ideals and ignoble desires. For the soul is prone to yield to its rosy garment of flesh in the desire for rewards commeasurable with bodily endowments and physical attainments. But we should not measure ourselves by the ground gained in spite of flesh; we should realize that while flesh and soul are both subject to limitations here on earth, yet neither is to be despised as all is for the best. Youth must have its struggles and disappointments but old age reaps rich fruit in consequence. For here if is that the complete man is produced and that the tendency to God be-gins. The Rabbi, ripe with age, awaits the fight with death, the only struggle now before him. "Fearless and unperplexed" he contemplates the battle with perfect serenity of soul, for his experiences have taught him what weapons and what armor to employ. Now that his youth is ended he is in a position to L4fc THE MERCURY. 53 pass sentence on that period of life. The fires of'youth have culled out the gold from the dross and the life-struggle can now at length be estimated at its true value. In youth all was un-certainty ; with age comes knowledge absolute. Each sunset brings its certain moment which suddenly calling the glory from the gray announces the death of the day and invites esti-mation of its worth. So the period of old age, tinted with glory and free from the strife of youth, affords the opportunity to prove the past, pronounce judgment on its errors and pro-prieties, and thereby "sustained and soothed" to face the future. And more than this is not possible for man ; his highest duty is to practice tomorrow the lessons of today, to follow intently "the great Artificer of all that moves" and thus catch hints of real handicraft, of true workmanship. Youth is the proper time for growth and aspiration, the proper time to "strive to-ward making," and though the efforts to make be uncouth and seeming failures, nevertheless they are eminently successful in that they secure for old age exemption from strife and the blessed privilege of knowledge. Death can then be awaited without fear. Here the mind is not harassed by arguments of "Doctor and Saint"'as in youth, but the knowledge of the Right and Good and Infinite is as absolute as the knowledge of the possession of one's own hand. Age vindicates youth by defining and separating "great minds from small" and by determining whether the principles of Right were properly ap-plied in youth. Thctruth is revealed and peace of soul secured. But who shall act as judge to pass the sentence? It is no easy task, for men of very similar traits and qualities hold widely different views. Who shall decide? The answer: each man must be his own arbiter; he alone understands the circum-stances of his own life struggle. For life is not to be judged by its deeds and attainments, else others could pass the sentence. "Men appraise the outward product," but this vulgar mass, so easily recognized and valued by the low world, is not the proper standard to use in making up the main account. True, our "work" is pleasing in the eyes of our fellow-men and quickly plumbed and tested by the world's coarse thumb and finger, but 54 THE MERCURY. the true reckoning of man's worth takes into account all our undeveloped instincts tor good, all our unfulfilled purposes. These no one can know but ourselves and these God weighs and considers. He finds value in our thoughts which we were not able to express in a mere act and His records contain even our fleeting fancies :— "All I could never be, All, men ignored in me, This, I was worth to God. whose wheel the pitcher shaped." These lines contain the one great lesson of the poem, the very-theme of its thought, namely, the manifestation of God's love in his dealings with man. Our doubts He overrules for faith; our failures He overrules for success. Our aspirations to the impossible become the essentials of our spiritual growth. It is on the wings of God's love that the spirit of man mounts from earth to heaven. This thought pervades the entire poem. The thought that man is the pitcher shaped by the wheel of God leads to the expanding of that beautiful metaphor of the potter and the clay, and this occupies the concluding verses of the poem. We are invited to examine the metaphor and learn why time passes away so rapidly while our souls lie passive. Hugest folly is the proposition that nothing endures and that the past has no bearing on the present or the future. All that has ever really existed, lasts forever. The wheel indeed may vary as it turns, but potter and clay endure. So life fleets and earth changes, but God and Soul remain forever. We are not mere shadowy existences destined to pass into nothingness; we are eternal realities. But the changing motion of the wheel is needful to give the clay its proper form and make it useful; no less are the buffetings and evanescent influences of this life's dance intended by the all-wise Creator to give our souls their proper bent and temper and fit them for their highest useful-ness. What matters it, so far as the usefulness of the cup is concerned, if the potter in the course of his work ceases to adorn it with the beautiful figures wrought around its base and fashions stern, grim scull-things about the rim? And what I THE MERCURY. 55 matters it if our Maker diminish our pleasures and make this temporal life less attractive? Not in the decorations however beautiful is to be found the proper use of a cup; no more is the highest usefulness of the soul to be found in the pleasures and ornaments of life. Heaven's consummate cup has no need therefore of earth's wheel; his only need is the Potter, to amend the lurking flaws and use His work. The Rabbi declares that never once in the whole dizzy course of his lite with all its im-perfections and failures—never once did he lose sight of his end as a vessel to slake his Maker's thirst. Just as in the opening stanza he expressed his firm assurance of a better life to come, aud his abiding confidence in God's goodness, "Our times are in His hand," so after maintaining this sentiment through the entire poem, he reiterates it once more in his eloquent closing prayer: "So, take and use Thy work : Amend what flaws may lurk, What strain o' the stuff, what warpings past the aim ! My times be in Thy hand! Perfect the cup as planned ! Let age approve of youth, and death complete the same[" These noble sentiments, though expressed by a Jewish Rabbi, are entirely in accord with the teachings of Christianity. An eminent writer on ethics has pronounced Rabbi Ben Ezra to be "one of the completest descriptions of the ethical life in English literature." But it is even more than that; it is a statement of pure theism and a description of sublime religious faith. It abounds in Christian sentiment and contains numer-ous allusions to Scripture of both the Old and New Testament. If Rabbi Ben Ezra were a part ot the Bible, every sentence in the entire poem would long since have been quoted in substan-tiation of some Christian teaching. One of the salient teach-ings of the poem is that of absolute submission to the Divine will. This, one of the great teachings of our New Testament, is forcibly set forth in the poem. Moreover, Christ's mission on earth was to reveal the Father not only as Power but more specifically as Love. In the light of this fact, the sentiment 56 THE MERCURY. which the Rabbi expresses becomes quite striking, especially when he says, "I, who saw power, see now Love perfect too." L^fc, The Christian religion is preeminently a religion of love, and Rabbi Ben Ezra has its very basis on God's love for man. Then, too, Christianity is essentially a romantic religion. Literature furnishes numerous instances of Christian romance. And what can be more romantic than this idea of a future life with earthly hopes and aspirations realized and Love perfected, as developed in the poem ? This hope of future existence gives to the Chris-tian religion the very source of its life. And in Holy-Cross Day we have another instance where Browning represents this same Ben Ezra as a direct advocate of Christ and Christianity. When Rabbi Ben Ezra was first published (1864), the world stood in great need of just such a message of hope and faith as the poem conveys. That was a time when skepticism and des-pondency were rapidly growing. Matthew Arnold was busy promulgating his own unbelief. Fitzgerald had just published his'beautiful translation of Omar Khayyam, and this message o doubt was being very widely read. Epicureanism and sensualism were spreading. To all these Rabbi Ben Ezra was a check. It inculcated cheerfulness and hope, destroying doubt and set-ting up faith preeminent. Some readers of Browning find in him nothing more than what is purely humanitarian and ethical, while others narrow their vision to the romantic and Christian. In reality, Brown-ing includes both. His message is twofold : he treats both the Here and the Hereafter. An so Rabbi Ben Ezta combines the humanitarian and the ethical, on the one hand, with the roman-tic and Christian on the other, and sets forth a lofty type of Christian faith as held by a man of God. In rhetorical composition Rabbi Ben Ezra is typical of Brown-ing's religious poetry. Browning is noted for his great com-prehensiveness of meaning. Few writers have used single words with such great effect. In fact, so great is his conscise- THE MERCURY. 57 ness that he is often charged with being obscure, and the num-ber of his readers is comparatively small because not many peo-ple will take the trouble to disengage the poet's real thought irom the close-plaited web of his expression. Rabbi Ben Ezra is no exception to the rule. True, it is one of the most widely known of Browning's poems and has been considered one of the easiest, but its apparent simplicity disappears before any serious effort to drain it of its meaning. The poet thinks at lightning speed and records his thoughts as they occur to him, and nothing short of an alert mind and an open spirit will suf-fice to draw from the poem its full meaning. It is recondite almost to the extreme, in places even bordering on the verge of solecism. And yet it is only natural that such" sublime, weighty thought should receive striking expression. Every sentence is pregnant with vigorous meaning. And while the poem shows in its structure no regard whatever for symmetry or proportion and no view to clearness, beauty, or nobleness of form, yet it presents the greatest consistency of teaching from first to last. This poem will be read as long as the human race endures, because it has to do with a passion that is common to all man-kind. It deals with man's growth to the infinite in a spirit of the most healthful optimism, and inspires men everywhere to high and noble thinking. Browning himself gives an estimate of the loftiness of the theme when he says in a letter to a friend: "It is a great thing—the greatest—that a human being should have passed the probation of life, and sum up its experi-ence in a witness to the power and love of God." What Long-fellow contributes to literature in his "Psalm of Life," what Ten-nyson contributes in his "In Memoriam"-—this and more Brown-ing epitomizes in his Rabbi Ben Ezra. And the late Professor Everett of Harvard pronounces it "one of the most exalted of the poems of Browning * * * * one of the most exalted in the whole range of literature." 5« THE MERCURY. RUSSIAN AGGRESSION. [Second Prize in the Inter-Collegiate Oratorical Contest] W. W. BARKXEY, '04. PASSING events in the Far East draw the eyes of the world once more toward those parts which have engaged more or less constant attention for many years. The Asiatic question with its many difficulties and complications presents the unsolved international problem of the twentieth century. How shall the equilibrium of the East and the- integrity of China be maintained? How shall the commercial powers of the world preserve the equality of trading privileges along China's inviting coast? How shall the threatening advance of Russia upon Asia be checked? Shall Anglo-Saxon civiliza-tion or the civilization of the Muscovite stamp itself upon east-ern peoples ? The last two inquiries are primary and essential, it will be admitted, in dealing with the first two. Statesmen prophets have prophesied, but struggle is no longer a thing of the future. The foretold contest is on. and it is critical. Potent energies are now at work in the Orient. Asia is evidently un-dergoing transition. Pressing circumstances must soon force a solution of the grave problem of the East and provide answers to our questions. While grim-visaged war is raging between the little island empire of the Pacific and that gigantic nation of the north, it will not be untimely to follow the course of that ceaseless, un-tiring advance which has brought Russia all the way across the Eurasian continent from St. Petersburg to Vladivostok and Port Arthur. The declaration of open hostilities between these two con-flicting nations was no surprise, but rather was expected. War was inevitable in the face of Russian aggression and dogged-ness. The current strife is only one of a series of events which have been shaping themselves for years, yes for centuries, in the history of Russia. It is the natural, logical outcome of a policy of greed and grasp which has been at the bottom of THE MERCURY. 59 every national move which Russia has made since the days of her first note-worthy monarch, "Ivan the Terrible." The real cause of the war waging today can be clearly traced to this governing policy. Insatiate Russia is not satisfied with her tight grip on Manchuria which she now practically owns and controls, but looks with a covetous eye on the independent but small empire of Korea over which Japanese influence should justly extend. In fact it was reported, previous to the outbreak with Japan, that she already had obtained large interests in the important timber regions of the Yalu Valley, and that her rep-resentative stood over the weak and pliable Emperor at Seoul with almost dictatorial power. Such is her impudence and boldness. Will Russia recede from the prominent position she has taken in northeastern China ? Never, voluntarily ! She may make clever pretensions and employ shrewd diplomatic schemes, as is her custom, but she will never withdraw from an acquisi-tion which has been the object of her ambition for three cen-turies and more, until Japan or some other power drives her back into the north from whence she came. And then she will not remain there; onward, advance, conquer and expand have been the watchwords of this aggressor of nations since the close of the Middle Ages when the terrible autocrat of the six-teenth century assumed the ambitious title of Czar and began to push the lines of his government out in all directions. When Ivan came to the throne Russia was "a semi-savage, semi-Asiatic power, so hemmed in by barbarian lands and hos-tile races as to be almost entirely cut off from intercourse with the civilized world." Since then her growth in territory and power has been marvelous and amazing. From the compara-tively small and insignificant state in Central Europe, she has gradually extended her boundaries until now she dominates about one-half of the land area of Eurasia. The Tartars were attacked and driven beyond the Ural river, and thus the entire Volga and Caspian regions were acquired. An advance was started toward the Ural mountains and the Euxine. Under the powerful and energetic despot, Petet the Qreat, the Black and Baltic sea regions were both gained; Siberia was explored and 6o THE MERCURY. conquered from the Ural mountains to Kamtschatka, and afterwards colonized; far-reaching reforms were brought about, and Russia was lifted to a place among the first-class powers of Europe. Today her dominion extends from the borders of Per-sia, Afghanistan, and India on the south to Sweden and the Arctic ocean on the north ; and from the Chinese Empire and the Pacific on the east to Germany and Austria-Hungary on the west. What giant strides she has taken in territorial devel-opment ! What a magnificent stretch of country she has been able to consolidate into one sovereign State! No other nation in the history of the world has been able to secure such abso-lute control over so large an empire and that in the compara-tively short period of four centuries. Russia's advance is steady and never ceases. Her policy is well-outlined and the goal of her ambition is clearly defined., Her real governing purpose may be deduced from her actions. Russia needs some warm water harbors on the Pacific. She proposes first to secure, if possible, these advantageous outlets without which she can never develop her almost limitless na-tural resources. Secondly, Russia evidently aims to become the arbiter and controller of the East; and, therefore, she en-deavors to stamp her order of civilization on Asia, and obtain for herself the preponderance of power in the Far East. Back of these exalted aims and ambitions is a thorough conviction among her people that the day of Russian supremacy is near at hand. "Her students everywhere claim that the world had bee?i under the Romance type of civilization and that gave way in time to the Anglo- Teutonic type under which the world is now developing and this is about to give way to Slavonic civilization to which the future belongs." Surely, if written history and current actions count for anything in judging a nation, no other than these stupenduous designs and hopes, we have briefly stated, are the basis of her aggressive spirit. Surely no other than these form the main-spring of Russia's late historical movements. Russia's political,-.commercial and industrial interests demand a more extensive seacoast, and more and better harbors. Tur-r_* r THE MERCURY. 61 key and the Powers control the Bosphorus and deny her ingress to Mediterranean waters. The Baltic is ice-bound part of the year and that seriously hinders navigation there. Port Arthur and Vladivostok also present serious obstacles to successful commerce. Where shall Russia turn, if not southward along China's coast and toward the Persian gulf, in which directions the high wave of her influence and sovereignty has been roll-ing, now slowly, now rapidly, but ever rolling for almost four hundred years ? What does the construction of her great trans-Siberian railroad mean, which now stretches across an en-tire continent, if not easier access to the Pacific ? What does a similar trunk line mean, which is now being planned to extend from the Baltic to the Arabian sea, if not a freer outlet to the world's waters ? What does her sly seizure of Manchuria, her pretended foothold on Korea, signify ? What does a war with Japan signify, if not a fixed determination to extend her power along the Chinese seaboard and gain possession of China's warm water harbors? Russia aspires to be a great sea power, but as yet she is comparatively weak along that line, as was evinced too plainly by her recent defeats at the hands of Japanese sea-warriors. In order to be prepared in time of war she must have a stronger navy, and safer inlets to harbor it. That she may develop her boundless natural resources properly, both in Europe and Siberia, and thereby increase her wealth, she must be given an opportunity to open up her industries and enlarge her trade. To hold and maintain her place among the nations, she must establish herself on the sea. Russia's prophet states-men are shrewd and wide-awake to these facts. They look far ahead, see in Russia the nation of the future, and may be ex-pected to plan their every action in accordance with their in-tense ambition to make her glorious and paramount. There is no more room for doubt. The spread of Slavonic domination in Asia is truly alarming. No observer who has followed the course of current affairs in the East will have failed to notice that glacier-like movement of Russian power over Chinese territory. England sees it; Japan resents it. It is too evident, notwithstanding her cunning diplomacy, her insincere 62 THE MERCURY. promises and agreements, and her round-about manoeuvers at times, that Russia means to retain every foot of ground she possesses and that she will never cease to advance until she has conquered and absorbed and assimilated the whole of the Chi-nese Empire, Persia, and Afghanistan; stands triumphant on the summits of the lofty Himalyas, and looks with a threaten-ing eye down upon the rich and splendid empire of India, un-less, perchance, the Anglo-Saxon shall not delay longer, but come forth to contest such wholesale occupation of Asia. Some years ago, when it was proposed to retreat from the mouth of the Amur river, Emperor Nicholas said, "Where Russia's flag is carried once, there it shall remain forever." That shows the spirit of the nation. Russia is active; Russia is greedy; Rus-sia is strong and persistent. Give her the chance she seeks to relieve her latent energies and develop her dormant resources, and she will become the most influential, the wealthiest of world powers. Give her the opportunity she covets and she will scatter broadcast over the Orient her despotic principles of autocracy with its brutality, ignorance, and oppression; force her Greek Catholicism with its error and intolerance upon the unfortunate subjects of her conquest, and carry with her a spirit of exclusiveness and selfishness deadly to the advance of pure Christian civilization everywhere ig the world. Give her the right of way and she will attain the strategic points she desires and crush out of existence the Anglo-Saxon order of civiliza-tion, which means constitutional government, the Protestant religion, liberty, equality, and education characteristic of all Anglo Saxon peoples. Stand aside, and Holy Russia will rule the world. But will the rest of the world stand aside, passive and indif ferent, and let the great Czar forward his schemes of encroach-ment and aggrandizement unhindered? Japan says No! Japan acts promptly and firmly, and all hail! to the bravp little nation who with courage stout and strong goes out to battle with this giant aggressor of the north. We admit her claims be-cause we know they are just; we glory in her victories because we know she is right; deservedly do we give her our sympathies THE MERCURY. 63 because she has put herself in line with twentieth century progress and civilization and with dignity faces an avaricious foe still moved by the customs and principles of the sixteenth century. But can she stand against such might in the ultimate contest ? Can Japan alone hold Russia in check and stop the perilous ad-vance ? It is not to be expected. If not, what will England do, England who has check-mated Russia so often in Europe, and who now has such vast commercial interests on the coast and in the heart of China, and stands guardian over such a mighty empire as India, will she allow China to be Russianized and India to be menaced ? It would seem that the final struggle must be between Russia and England. Two great orders of modern civilization have met and are ready to clash, yes they have clashed, for Japan's prototype is England, and her civil-ization is Anglo-Saxon. On the one hand, Russia, who be-lieves thoroughly that the future lies with the Slav. On the other hand, the English-speaking nations, who contend that the future rests with the Anglo-Saxon. Both stand ready to fight, if need be, for the world's supremacy. One is a supremacy of personal absolutism and oppression; the other, a supremacy of democracy with its liberty and justice. Which shall it be? Should the struggle come now, Russia would likely be crushed ;• later, after she has had time to grow and strengthen to her full proportions, who shall prophesy the end and declare which shall rule the world, Anglo-Saxon or Slav ? THE PASSION FOR SCHOLARSHIP. PROF. OSCAR G. KXINGER. THE mental attitude of a man towards his vocation is all important. Tell me this and I will tell you the degree of success which he has won or will win. Where there is a lively interest there will be also the enthusiasm and tireless energy so necessary to the perfect performance of a task. A lackadaisical spirit defeats any enterprize. The captains of in- 64 THE MERCURY. dustry have always been men with a genius for hard work. The same is true of those who have won eminence in any of the learned professions. They have mounted high because they have been in love with their vocation. To the student who aims at some notable achievement in the domain of knowledge, an absorbing passion for scholarship is the first essential. By such a passion, I mean an insatiable desire to know the truth of things at first hand. Others may be satisfied to take their information on faith. He must get at the heart of reality ; he must know things in themselves and in their relations; and to attain this he must be willing to sacrifice everything— "To scorn delights and live laborious days." Unless this passion dominate him there will be lacking the fire and enthusiasm which are necessary to prolonged effort. To think is the most difficult task a man can ever set himself. It means absorption, critical acumen, a nice balancing of facts and unerring inference; in a word, it means the analysis of a fact or truth to its ultimates and a synthesis of these ultimates into a positive thought. The process prolonged wears out the brain and exhausts the nerves. To keep it up until the end demands a will which is animated by a passion for knowledge as burning as the desire to live. Then and then only can the mind come to its full stature and utter truth which men must hear whether they will or not. This longing to know is often inborn, but may be acquired in some degree by even the dullest. The main trouble with the latter sort of student is that his mind has never been a-wakened. About his intellect a dense haze has gathered and he cannot see his way nor does he know precisely where he is. A dull ambition stirs in his heart but he cannot discover its meaning. Intelligent study is to him unknown. He tries to go through his tasks but what he gets means little to him. Often it happens that young men of naturally capable minds almost finish their course before they acquire the mental aware-ness which is the first condition of successful study. When THE MERCURY. 65 they do wake up their progress is phenomenal. Perhaps therefore, the highest function of the teacher is to awaken mind and by his helpfulness keep it awake. ' No higher reward can come to him than the consciousness that he has set one intel-lect on fire with the passion to know. Before this is possible, however, a serious obstacle must be removed. It is a motion wellnigh unusual among students and grows out of a mistaken conception of education. The student finds the college equipped with a faculty of men more or less learned who are to be his teachers in the various subjects which the curriculum offers. He expects them to set him tasks for each day's performance. In the recitations they question him on the lessons and make the necessary explanations or pffer additional information. Consequently the idea is general and perhaps inevitable that the professors educate the pupil. How-ever natural, this notion is pernicious and works incalculable harm. In the sense that the teacher acts as guide and makes easier the road to intellectual development, it is true that he is an educator ; in any other sense it is misleading. The men-tal development zvhich any man gets is always the lesult of his own specific effort. A teacher helps, stimulates, guides, "but achieves nothing without the earnest response of the pupil.' This erroneous view is largely responsible for a wrong use of the textbook. The student imagines that doing his task-work in memoriter fashion is genuine study. Nothing could be farther from the truth. Even a parrot is capable of such exercise of memory and the world has no use for human "Pollys!" A memory stored with knowledge is a great boon, but will not go far in promoting a' man's interests. Some of the greatest failures have been walking encyclopedias of facts and theories. A bookworm always has a hard time to find enough to eat. The world demands men who can think and plan and execute,—practical men who can use their knowledge to meet and solve the intricate problems of business and poli-tics. "What new truth have you to offer?" is the question asked of every graduate and on his answer depends his sta-tion. A well written article which reproduces only the •ii% 66 THE MERCURY. thoughts of other men finds its way into the editor's waste bas-ket or into the pages of the cheapest magazine. The pulpit ■which is no longer a teaching platform will face empty pews. The "dead-line" in any profession is drawn where invention dies; years have nothing to do with it. The man who keeps pace with progress and is able to interpret to others the heart of the movement will never want a hearing. Such a man is never the product of a mere textbook. For a text in any sub ject is the resume of one man's interpretation of a body of facts. Its value depends wholly on the authority of its author. At best it is only an outline. Any student, therefore, who ac-cepts the teaching without examining the facts and bringing the theory to the test of facts, is doing two things—-depriving himself of the pleasure which comes with reasoned conviction, and missing the power which such additional research confers. Either is a great mistake. The worship of the textbook induces another grievous habit which when acquired blights original work in a literary way. When a theme has been adopted as the subject of an essay the student at once searches through the library for material which when found constitutes the subject matter of his essay. Of testing, of meditation, there is little or 'none. What he says is not what the subject means to him but to another. He is like a phonograph endowed with the power of changing the form of expression without altering the thought. It were well if the saying of Isocrates were written in letters of light above every alcove: "What has been said by one is not of equal value to him who repeats it; but he seems to be the most skillful who finds in a subject topics which have escaped the notice of others." Here is the truth in a nut-shell. Let a young man determine at the outset that he will not repeat what has once been uttered except as a quotation, but will give to the world his own thought tested and tried by an appeal to things, and what he has to say on any subject will command the attention of men. Servile devotion to the textbook; re-producing the thought of others; failure to experience the truth that is presented; these are the fatal rocks on which THE MERCURY. 67 many a promising career has been wrecked. There is, too, an ethical aspect of the case which must not be overlooked. No one has the moral right to ask another to spend time in read-ing or hearing what to him is old. Truth which concerns man is so illimitable in every direction and our knowledge of it so infinitesimal that he who repeats what is common to all is guilty of a grave wrong to his reader or hearer. This passion to know fully and at first hand, if it could be-come the dominant element in the college atmosphere, would transform college life. It would quickly bring men face to face with the mystery of things and take away the indolence, the trifling, the present tendency to follow the line of least resis-tance. The four years of effort would produce scholars whom the world would welcome and of whom the college could be proud. The spirit of the scholar can be acquired and cultivated and its possession means success, as its absence means failure, in all that is highest in life. COURTESY TO STRANGERS. H. S. DORNBERGKR, '06. A stranger,'no matter where he goes, is bound to receive a certain amount of courtesy. I will attempt to show in this essay that this amount of courtesy is increasing rather than decreasing. During all ages and especially the feudal age, every stranger was sure of receiving food and shelter if he stopped at any house or castle. This was due chiefly to the fact that hotels were not very common until our own age, nor did every village or hamlet have its hotel or inn as is now the case. Then as there were no newspapers until quite recently, a stranger was also received for the news he might bring. It might also be added that the number of travelers at that time cannot be com-pared with the number of the present time. At present this hospitality to strangers is not nearly so evi- '• J Uii. 68 THE MERCURY. dent as it was in former times. The chief cause of this is our modern hotel system. Everywhere one goes he will find some kind of a hotel, no matter what be the size of the place. It may also be stated here that travelers, in most cases, would much rather pay their hotel bills than trouble some one else with entertaining them during their sojourn in the locality. Even among friends one sees this. Very often a friend will come to your vicinity and, rather than bother you, will go to a hotel. Now let us consider whether a stranger would be welcomed did he ask for our hospitality. The ordinary beggar will serve as a good example of this. It is very difficult, indeed, for one to find a home where a beggar will not receive a good meal if he goes and asks for it. Who is so cold hearted that he would refuse anyone shelter from the'cold in winter or the rain in summer? Who would not offer his bed to a sick or wounded person at his door and strive to comfort the unfortu-nate being? In some countries a stranger was always regarded as an enemy unless he could prove himself a friend. In some in-stances it even went so far as to cause the person's death, could he not do this. As we come to more modern times this feel-ing of hostility toward strangers gradually diminished until it has passed entirely out of existence, except among semi-civi-lized peoples. Another example of the growth of courtesy toward strangers is the downfall of absolute monarchism and the rise of more democratic forms of government. This last example may be regarded as not exactly on the subject by some but as it con-sists of the regard of man for man, in my opinion it is after all nothing but courtesy. A still better example is the increase of the value of human life. At the dawn of history the life of a man was held less sacred than a mere dog's life is today. This brings up still another point. In former ages, capital punishment was the mode of exacting justice. Since that time the inflicting of capital punishment has been gradually modi- THE MERCURY. 69 fied from unspeakable tortures to the entire abandonment of this form of justice except in some few cases. The modern rules of etiquette require us to be courteous to strangers. We exert ourselves in every way to please them and try our best to make them feel at home. We even go so far as to deny ourselves comforts for their pleasure. We do not allow them to spend their money. We introduce them to our friends who try to outdo us in their courtesy toward these strangers. Take for example the visit of a noted person to a city or town. Arrangements for his reception are begun al-most as soon as the the news of his intended visit becomes known. Banquets and receptions are given in his honor. He is met at the railroad station by a committee and escorted to his stopping-place. He is cheered by the crowds that gather merely to get a glimpse of him. I believe that courtesy toward strangers is increasing rather than decreasing for we of the present day are just as hospitable toward strangers as were our brethern of former times; and I believe therefore that as the world becomes more civilized, mankind will become more courteous. da I In an up-to-datest tailor-made gown,U-pi-de-i-da The boys arc wild, and prex is, too, You never saw such a hulla-ba-loo. CHORUS. — U-pi-dee-i-dee-i-da 1 etc. Her voice is clear as a soaring lark's, And her wit Is like those trolley-car sparks I When 'cross a muddy street she flits. The boys all have conniption fits I The turn of her head turns all ours, too. There's always a strife to sit in her pew; 'Tis enough to make a parson drunk, To hear her sing old co-ca-che-lunk! The above, and three other NEW verses to U-PI-DEIi, '.'. and NEW WORDS, catchy, up-to-date, to manv fp others of the popular OLD FAMILIAR TUNES; be- ■■ ' JfflHf sides OLD FAVORITES ; and also many NEW SONGS. J*W uull S0NGS OF ALL THE COLLEGES. JjWJ Copyright, Pricei $rjo, postpaid. fa mm if IJLU HINDS & NOBLE, Publishers, New York City. ^ ft ft Schoolbooks of all publishers at one store. ff1' ■> Rupp Building, YORK, PENN'A. Watch for his Representative when he visits the College PATRONIZE OUR ADVERTISERS. Geo. E. Sparkler, PIANOS, ORGANS, MUSICAL MERCHANDISE MusiC Rooms, - York St. Telephone 181 GETTYSBURG C. B. KITZMILLE,R. DEALER IN HATS, CAPS, BOOTS AND DOUGLAS SHOE.S. McKnight Building, Baltimore St. Gettysburg, Pa. k M. AMrEMAN, Manufacturer's Agent and Jobber of Hardware, Oils, paints and (jueensware Gettysburg, Pa. THE ONLY JOBBING HOUSE IN ADAMS COUNTY W.F.Odori, ^DEALER IN^k- SPECIAL RATES TO CLUBS. mm* York Street, Gettysburg:, Pa. 1
The Situation In The Middle East Letter Dated 1 February 2018 From The Secretary-General Addressed To The President Of The Security Council (S/2018/84) ; United Nations S/PV.8174 Security Council Seventy-third year 8174th meeting Monday, 5 February 2018, 10 a.m. New York Provisional President: Mr. Alotaibi. . (Kuwait) Members: Bolivia (Plurinational State of). . Mr. Llorentty Solíz China. . Mr. Wu Haitao Côte d'Ivoire. . Mr. Tanoh-Boutchoue Equatorial Guinea. . Mr. Ndong Mba Ethiopia. . Mr. Alemu France. . Mr. Delattre Kazakhstan. . Mr. Umarov Netherlands. . Mr. Van Oosterom Peru. . Mr. Meza-Cuadra Poland. . Ms. Wronecka Russian Federation. . Mr. Nebenzia Sweden . Mr. Skoog United Kingdom of Great Britain and Northern Ireland . Mr. Allen United States of America. . Mrs. Haley Agenda The situation in the Middle East Letter dated 1 February 2018 from the Secretary-General addressed to the President of the Security Council (S/2018/84) This record contains the text of speeches delivered in English and of the translation of speeches delivered in other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated in a copy of the record and sent under the signature of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room U-0506 (verbatimrecords@un.org). Corrected records will be reissued electronically on the Official Document System of the United Nations (http://documents.un.org). 18-03099 (E) *1803099* S/PV.8174 The situation in the Middle East 05/02/2018 2/17 18-03099 The meeting was called to order at 10.05 a.m. Expression of thanks to the outgoing President The President (spoke in Arabic): As this is the first public meeting of the Security Council for the month of February, I should like to take this opportunity to pay tribute, on behalf of the Council, to His Excellency Ambassador Kairat Umarov, Permanent Representative of Kazakhstan, for his service as President of the Council for the month of January. I am sure I speak for all members of the Council in expressing deep appreciation to Ambassador Umarov and his team for the great diplomatic skill with which they conducted the Council's business last month. Adoption of the agenda The agenda was adopted. The situation in the Middle East Letter dated 1 February 2018 from the Secretary-General addressed to the President of the Security Council (S/2018/84) The President (spoke in Arabic): In accordance with rule 37 of the Council's provisional rules of procedure, I invite the representative of the Syrian Arab Republic to participate in this meeting. In accordance with rule 39 of the Council's provisional rules of procedure, I invite Ms. Izumi Nakamitsu, High Representative for Disarmament Affairs, to participate in this meeting. The Security Council will now begin its consideration of the item on its agenda. I wish to draw the attention of Council members to document S/2018/84, which contains the text of a letter dated 1 February 2018 from the Secretary-General addressed to the President of the Security Council. I now give the floor to Ms. Nakamitsu. Ms. Nakamitsu: I would like to thank you, Mr. President, for this opportunity to brief the Security Council once again on the implementation of resolution 2118 (2013), on the elimination of the Syrian Arab Republic's chemical-weapons programme. I remain in regular contact with the Director- General of the Organization for the Prohibition of Chemical Weapons (OPCW) to discuss matters related to this issue; I spoke to him last week. In addition, I met with the Chargé d'affaires of the Permanent Mission of the Syrian Arab Republic to the United Nations this past Friday. At the time of my previous briefing, planning was under way with regard to the destruction of the remaining two stationary above-ground facilities of the 27 declared by the Syrian Arab Republic. I am informed that the OPCW, working with the United Nations Office for Project Services, is currently at the stage of finalizing a contract with a private company to carry out the destruction, which I understand could be completed within two months. There have been some developments on the issues related to Syria's initial declaration and subsequent amendments. The translation and analysis of documents that were provided to the OPCW by the Government of the Syrian Arab Republic in November have been completed. The OPCW has indicated that this information provided clarifications on some issues. However, the OPCW is continuing to follow up with the Government of Syria on the remaining gaps, inconsistencies and discrepancies. The Director- General will submit a report in that regard to the next session of the OPCW Executive Council, which will take place in March. Further to its routine inspections in Syria, samples taken by the OPCW team during its second inspection at the Syrian Scientific Studies and Research Centre are currently being analysed by two OPCW-designated laboratories. The Executive Council will be informed of the results of the inspection via a separate note from the Director-General to the next session of the Executive Council. The OPCW Fact-finding Mission continues to look into all allegations of the use of chemical weapons in Syria, the majority of which involve the use of toxic chemicals, such a chlorine, in areas not under the control of the Government. The Fact-finding Mission expects to submit a report on the allegations very soon. In addition, another Fact-finding Mission team has been looking into allegations of the use of chemical weapons brought to the attention of the OPCW by the Government of Syria. At the time of our previous briefing, a Fact-finding Mission team was in Damascus, at the invitation of the Government, to look into several of those allegations. I am informed that a report in that regard is also pending. 05/02/2018 The situation in the Middle East S/PV.8174 18-03099 3/17 There is still work to do before resolution 2118 (2013) can be considered to have been fully implemented, and for the international community to have shared confidence that the chemical-weapons programme of the Syrian Arab Republic has been fully eliminated. Moreover, allegations of the use of chemical weapons in Syria have continued, including just this past weekend in the town of Saraqeb. That makes abundantly clear our continuing and collective responsibility to ensure that those responsible are held to account. New reports by the Fact-finding Mission are pending. Should they conclude that there has been the use, or likely use, of chemical weapons in any of those alleged incidents, our obligation to enact a meaningful response will be further intensified. It is my hope, and the hope of the Secretary-General, that such a response will favour unity, not impunity. As always, the Office for Disarmament Affairs stands ready to provide whatever support and assistance it can. The President (spoke in Arabic): I thank Ms. Nakamitsu for her briefing. I shall now give the floor to those Council members who wish to make statements. Mrs. Haley (United States of America): The news out of Syria this morning is following a troubling pattern. There are reports of yet another chemical-weapon attack on Sunday. Victims of what appears to be chlorine gas are pouring into hospitals. Few things have horrified my country and the world as much as the Al-Assad regime's use of chemical weapons against its people. The Security Council has been outspoken on ending Syria's use of chemical weapons, and yet they continue. Under the Chemical Weapons Convention and resolution 2118 (2013), the Al-Assad regime's obligations are clear: it must immediately stop using all chemical weapons. It must address the gaps and inconsistencies in its Chemical Weapons Convention declaration. And it must destroy all of its remaining chemical weapons under the supervision of the Organization for the Prohibition of Chemical Weapons (OPCW). These are worthy goals. These are urgent goals. Yet we spent much of last year in the Council watching one country protect the Al-Assad regime's use of chemical weapons by refusing to hold them responsible. What do the American people see? What do people of all countries see? They see a Council that cannot agree to take action, even after the OPCW-United Nations Joint Investigative Mechanism, created by the Council, found that the Al-Assad regime used chemical weapons. Now we have reports that the Al-Assad regime has used chlorine gas against its people multiple times in recent weeks, including just yesterday. There is obvious evidence from dozens of victims, and therefore we proposed a draft press statement by the Security Council condemning these attacks. So far, Russia has delayed the adoption of the draft statement — a simple condemnation of Syrian children being suffocated by chlorine gas. I hope Russia takes the appropriate step to adopt the draft text, thus showing that the Council is unified in condemning chemical-weapon attacks. Accountability is a fundamental principle, but it is just the first step. Our goal must be to end the use of these evil, unjustifiable weapons. When actions have consequences — when perpetrators are identified and punished — we come closer to reaching our goal. But if we cannot even take the first step of establishing accountability for the use of chemical weapons, we have to seriously ask ourselves why we are here. The requirements for establishing accountability for the use of chemical weapons have not changed since the Council voted unanimously to create the Joint Investigative Mechanism, in 2015. They have not changed since Russia acted alone to kill the Mechanism last year. Such a mechanism must be independent and impartial. It must be free of politics. It must be controlled by experts, not politicians or diplomats. And it must be definitive. The latest Russian draft resolution does not meet any of those criteria. Russia's draft resolution completely ignores the findings of the Joint Investigative Mechanism, which was an investigation that Russia supported until the investigators found the Al-Assad regime to be responsible. That should already be enough to make us sceptical. However, there are other deep problems. For their new investigation, Russia wants to be able to cherry-pick the investigators. It wants to insert unnecessary and arbitrary investigative standards. And it wants the Security Council to be able to review all the findings of this investigation and decide what makes it into the final report. That is not an impartial mechanism; it is a way to whitewash the findings of the last investigation that Russia desperately wants to bury. No one should believe that the draft resolution is a good basis for discussion, when it is designed to undermine our core principles on chemical weapons. We cannot S/PV.8174 The situation in the Middle East 05/02/2018 4/17 18-03099 hope to end the use of chemical weapons if those who use them escape the consequences of their actions. Therefore, while we regret the need for its creation, we applaud the efforts of France to launch the International Partnership against Impunity for the Use of Chemical Weapons. That is yet another way to hold accountable the Al-Assad regime and any group that uses chemical weapons. The United States has also announced that we will contribute to the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011. The United States strongly supports the Mechanism as a valuable tool to hold the Al-Assad regime accountable for its atrocities, including its repeated and ongoing use of chemical weapons. It is a true tragedy that Russia has sent us back to square one in the effort to end the use of chemical weapons in Syria. But we will not cease in our efforts to know the truth of the Al-Assad regime — and ensure that the truth is known and acted on by the international community. That is why we hosted all 15 members of the Council at the United States Holocaust Museum last week. The exhibit was called "Syria: Please Don't Forget Us". All of us saw undeniable evidence of the Al-Assad regime's atrocities and human rights violations. We cannot, and should not, forget the Syrian people. The United States will not forget them. While the Council has not yet been able to act to provide real accountability for the use of chemical weapons in Syria, the United States will not give up on the responsibility to do so. That is the sincere wish of the American people, and I know that it is shared by many on the Council. We are not motivated by score-settling, payback or power politics. We are motivated by the urgent need to end the unique and horrible suffering that chemical weapons have inflicted on innocent men, women and children in Syria. The Syrian people are counting on us. Mr. Allen (United Kingdom): I would like to thank High Representative Nakamitsu for her briefing. We are holding this meeting in the open Chamber today after reports of a series of chemical attacks in eastern Ghouta within the past month, as the Al-Assad regime continues its merciless bombing and killing of civilians. Over the weekend, there were further allegations of the use of chemical weapons in Idlib, as well as air strikes by pro-regime forces that reportedly hit three hospitals, leaving doctors scrambling to remove premature babies from their incubators in order to move them. I cannot say that they were moving them to safety, because the reality is that for the citizens of Idlib and eastern Ghouta, nowhere is safe. We are appalled by this violence and the reports of deliberate targeting of civilians and civilian infrastructure, and we call on all parties to the conflict to uphold international humanitarian law and protect civilians. The Organization for the Prohibition of Chemical Weapons (OPCW) is already investigating reports of the use of chemical weapons in recent weeks, but establishing who is responsible for that use will be much more difficult, because Russia has vetoed the continuation of the independent, expert OPCW-United Nations Joint Investigative Mechanism (JIM) three times, in order to protect the Al-Assad regime. We would welcome any serious attempt to re-establish a properly independent investigative and attribution mechanism for continuing the JIM's meticulous work. Sadly, we do not yet see that in the Russian proposal. Any successor investigation must be empowered to investigate all use of chemical weapons, whoever the perpetrator may be. Yet the Russian proposal focuses only on non-State actors. We have repeatedly condemned Da'esh for its use of chemical weapons, which the JIM clearly reported. But given Al-Assad's track record of chemical-weapon use and its failure to comply with the Chemical Weapons Convention, it is imperative to ensure that any new mechanism also investigates the use of chemical weapons by the Syrian regime. A second objection is the proposal that experts would merely gather evidence, leaving the Council to decide what it meant. No other United Nations expert panel that I know of is specifically prohibited from reaching conclusions and reporting to the Council on its findings on what has happened. We are not specialists on chemical weapons around this table. We rely on independent, United Nations-selected expert panels. The entire purpose of the JIM was that an independent panel would reach conclusions on the basis of the evidence, taking the issue out of the hands of us, the Member States and Council members, because we have been unable to agree. Russia's proposal looks as if it is designed to avoid the political embarrassment of having to use its veto power to defend the indefensible when independent bodies report on what has truly happened. The underlying intent seems to be to ensure that there are no clear conclusions in future reports. 05/02/2018 The situation in the Middle East S/PV.8174 18-03099 5/17 Thirdly, we object to the proposal's demands that the standard of proof should be beyond reasonable doubt. That standard has not been used in any other comparable past or current United Nations investigation. It is used in relation to criminal prosecutions in courts of law, which have significantly greater investigative powers and independence than those envisaged in Russia's text. Finally, the proposal insists on site visits, despite the explicit provision in the Chemical Weapons Convention for other ways to gather relevant evidence, recognizing the difficulty of safe and timely visits. There is no scientific basis for this proposal. It is simply an attempt to hamstring future investigations and discredit the JIM. Of course, Russia made much of the lack of a site visit to Khan Shaykhun, despite the fact that the Al-Assad regime handed over to the United Nations samples from the site that contained chemical signatures unique to regime sarin, obviating the need for such a visit. It is for those reasons that the current text is unacceptable. The JIM set a high standard of impartiality and expertise. We expect that standard from any future mechanism. The Syrian regime, of course, claims not to have used chemical weapons. Yet over the years two separate reports from the JIM, under separate leadership panels, drawing on a broad range of respected independent international experts, concluded that the regime had used chlorine at least three times — in Talmenes in April 2014 and in Sarmin and Qmenas in March 2015 — and had used sarin to attack Khan Shaykhun in April 2017. We should also remember the infamous attack in eastern Ghouta in August 2013, when a separate United Nations investigation found that sarin was used to kill hundreds and injure thousands. That attack brought near-universal international condemnation, and following our concerted international pressure, Syria joined the Chemical Weapons Convention. Syria promised, as it was legally obliged to do, to destroy and abandon its chemical-weapon programme. Yet it has been unable to satisfy inspectors that it has done so. We have to ask ourselves why that is. In 2013 Russia promised to act as a guarantor for the Al-Assad regime's compliance with the Chemical Weapons Convention. Yet month after month we all sit here and hear that Al-Assad has not done so. Why does Russia not compel the Syrian regime to comply with its obligations and make it impossible for it to use chemical weapons? Tragically, for the people of Syria, the regime continues to use chemical weapons with impunity. If it is confirmed that Al-Assad has again used chemical weapons on his own people, it would not only be another entry in the catalogue of his war crimes, it would also be another attack on us all, Members of the United Nations who have worked for decades — in the words of the Chemical Weapons Convention, for the sake of all mankind — to completely exclude the possibility of the use of chemical weapons. Throughout history, our peoples have said "never again" — among others, starting with the First World War battlefields, in Ethiopia, in Manchuria and in Saddam Hussein's attacks on Iran and on Iraqi Kurds. Let us, the members of the Council, stand up for the peoples of the United Nations, determined that such abhorrent chemical weapons should never be used. Let us stand up for the people of Syria and give them a real investigation into those responsible for the use of chemical weapons — an investigation that pursues justice for the horrific crimes committed against them. Let us signal our determination to pursue accountability by all means available, even if one member of the Security Council is currently preventing us from taking action here. Mr. Delattre (France) (spoke in French): I would first like to congratulate Kuwait through you, Mr. President, on the start of its presidency of the Security Council. You can rely on France's support in the month to come. I would also like to thank Izumi Nakamitsu for her usual very informative briefing. This is the second time we have met in less than two weeks after reports of four new cases of the use of chlorine against Syria's civilian population, some of them in Idlib province, which is a de-escalation zone. We are examining the information that is available and waiting for the conclusions of the investigative mechanism, but the reality is that resorting to toxic substances as weapons has never ended in Syria. I would like to remind the Council that the Syrian regime has already been identified as the perpetrator in four such cases, one of which involved the use of sarin, in violation of international humanitarian law and the obligations that Syria assumed when it acceded to the Chemical Weapons Convention. The challenges go beyond the Syrian issue. A century after the end of the First World War, in which mustard gas was used on a massive scale against civilians, what we are seeing is shocking. These weapons, which we had thought were a thing of the past, are once again being used methodically and systematically by the Syrian regime against its own people. Furthermore, there is a real threat of such S/PV.8174 The situation in the Middle East 05/02/2018 6/17 18-03099 weapons falling into the hands of terrorists. The threat is all the greater given the fact that the dismantling of the Syrian chemical-weapon programme remains at a deadlock. The cooperation of the Syrian regime with the Organization for the Prohibition of Chemical Weapons (OPCW) has for months taken place in a piecemeal manner, and suspicions remain about the status of Syrian stockpiles. I would recall that OPCW expert teams have repeatedly found at Syrian sites indicators of undeclared substances, without any convincing explanation being provided by the country. Given that chemical weapons continue to be used, it seems that Syria has lied and maintained clandestine capacities. The situation is aggravating regional instability, undermining the non-proliferation regime and weakening the international security architecture, as well as jeopardizing the security of each of our States. It represents a violation of the law and flouts the most fundamental principles of humanity. The international community cannot downplay the situation and allow the perpetrators of these heinous crimes to remain unpunished. It is the responsibility of the Security Council to prevent this; it is our shared responsibility. The criminals who chose to design and use these barbaric weapons must be punished. At stake is the future of our collective security system; no one can be allowed to undermine its foundations without facing consequences. The hindrances and obstructions facing the international community's initiatives within existing bodies contribute to promoting impunity, and this we cannot accept. For that reason, France launched in Paris an open, pragmatic partnership that brings together States that reject impunity for individuals involved in chemical-weapon attacks or in the development of chemical-weapon programmes. It brings together all the States concerned about the threat of erosion of the non-proliferation regime and of strategic stability. It was designed to support all international bodies and investigative mechanisms in their efforts. This universal partnership applies to all instances of the use of such weapons throughout the world by all perpetrators, be they State or non-State actors. The partnership is open, and States that embrace these principles are invited to join. Like everyone else here, we hope that a mechanism for the identification of those responsible will be recreated as soon as possible. However, any sincere and credible effort to that end must align with the basic standards of independence, impartiality and professionalism that underpinned the Joint Investigative Mechanism, as the very reason for the establishment of such a regime is to determine the truth. Within the Council, France will be very vigilant with respect to the principles listed and will not accept a lesser mechanism. Impunity in Syria is not an option. The perpetrators of all of the crimes committed in Syria will be held accountable, sooner or later. The International, Impartial and Independent Mechanism for Syria, which we support, is a part of that process. That is the only way to ensure lasting peace in Syria, and this can come about only in the framework of an inclusive political solution in Geneva, in line with resolution 2254 (2015), which more than ever before represents our shared compass. The repeated use of chemical weapons in Syria has been proved. We cannot turn a blind eye to this, for no one can now say that they did not know. Denial or hypocrisy, or a combination of of the two, cannot be presented as a strategy. The persistent use of chemical weapons in Syria represents a violation of the universal conscience as well as the most fundamental principles of international law. It also poses a potentially lethal threat to the sustainability of the international non-proliferation regime, which is the most comprehensive and successful of all of the international non-proliferation regimes. To allow it to be undermined without any response would be to accept the erosion of the entire international regime for the non-proliferation of weapons of mass destruction that we have built together, stone by stone, over the course of decades and which constitutes the very backbone of the international security architecture as well as one of the paramount gains of multilateralism. On behalf of France, I call on all members of the Security Council to shift their attitudes and adjust their focus. The heavy responsibility that we all bear requires that we join together and take action. Mr. Llorenty Solíz (Plurinational State of Bolivia) (spoke in Spanish): My delegation wishes to congratulate you once again, Sir, as well as the Permanent Mission of Kuwait, on your assumption of the presidency of the Security Council for the month of February. We are also grateful for the briefing provided by the Under-Secretary-General and High Representative for Disarmament Affairs, Ms. Izumi Nakamitsu. We also 05/02/2018 The situation in the Middle East S/PV.8174 18-03099 7/17 wish to acknowledge the letter sent by the Secretary- General (S/2018/84) concerning the periodic report of the Organization for the Prohibition of Chemical Weapons (OPCW). Bolivia believes that there can be no justification for the use of chemical weapons, regardless of circumstances and by whomsoever committed, as such use is a serious violation of international law and poses a grave threat to international peace and security. We therefore categorically condemn the use of chemical weapons or substances as weapons, as we deem this an unjustifiable and criminal act, wherever, whenever and by whomsoever committed. In that context, we express our grave concern about the ongoing reports of the use of chemical weapons in the Syrian Arab Republic, especially in eastern Ghouta. If that is confirmed, the Council should remain united in order to ensure that the perpetrators are held accountable and brought to justice, so that there is no impunity for their actions. We commend the coordination between the OPCW and the United Nations Office for Project Services in all of the arrangements aimed at making possible the destruction of the two remaining facilities as well as the preparedness of the Syrian Government to achieve this end. We call on the Government of the Syrian Arab Republic to cooperate with the OPCW on this initiative, as well as during the second inspection of the Syrian Scientific Studies and Research Centre. We encourage the Fact-finding Mission to continue its investigation so that, in accordance with its mandate, it can investigate, in the most objective, methodical and technical manner, reports of the use of chemicals weapons on Syrian territory. In that regard, we highlight the latest visit to the city of Damascus during January, and we will await the results thereof. We call on all parties involved to cooperate fully as well as to provide viable and reliable information, so that an effective investigation of all of the ongoing cases can be conducted as soon as possible. Concerned about the reports of the use of chemical weapons, we deem it essential to establish as soon as possible an independent, impartial and representative mechanism to carry out a full, reliable and conclusive investigation of the cases referred by the Fact-finding Mission that will make it possible to identify those responsible for such acts. Nevertheless, if we want to create a new, transparent accountability mechanism, we have the major challenge and the responsibility of not instrumentalizing the Security Council for political ends. In that vein, we view the Russian proposal as a new and positive opportunity to reach this goal. We therefore call on the members of the Council to commit themselves to a process of purposeful negotiation, and we echo the words of the Secretary-General in his letter transmitting the current report, calling on the Security Council to demonstrate unity on this issue, which is so vital for the international community. Finally, we reiterate that the only option for resolving the conflict in Syria and prevent more people from becoming victims is through an inclusive political transition led by and benefiting the Syrian people that respects their sovereignty, independence and territorial integrity. Mr. Umarov (Kazakhstan): Since this is the first public meeting of the Security Council for the month of February, I would like to congratulate the delegation of Kuwait on the commencement of its presidency and wish it great success in implementing its ambitious programme of work. I am grateful to High Representative Nakamitsu for her informative briefing. Our position on this issue remains unchanged. We strongly condemn any use of chemical weapons and advocate that such threats must be eliminated in the future. We firmly believe that there must be accountability for perpetrators of such crimes. Today I would like to concentrate on three major points. First, we support the work of the Organization for the Prohibition of Chemical Weapons (OPCW), as reflected in its fifty-second report (S/2018/84, annex). The speedy destruction, probably in two months, of the remaining chemical-weapon production facilities and resolving all outstanding issues relating to the declaration of the Syrian Arab Republic are of the utmost importance. That would help to dispel all existing doubts on many principal issues and to comprehend the real situation in the country. It is commendable that, during the inspection of Barzah and Jamrayah, all samples were sealed, packaged and shipped to OPCW's laboratory and were received there in the presence of the representatives of the Syrian Arab Republic, observing all established rules. We look forward to the follow-up to the OPCW's work, and we will also await the results S/PV.8174 The situation in the Middle East 05/02/2018 8/17 18-03099 of a thorough analysis of the documents submitted by Syria by the Declaration Assessment Team. Secondly, the continuing reports on the alleged use of chemical weapons in Syria are extremely alarming. But the most alarming fact is that the Council has not yet restored its investigative potential to properly respond to such cases. I recall the words of the Secretary-General, who pointed to the serious gap that had arisen at the end of the OPCW-United Nations Joint Investigative Mechanism, which leaves one with the feeling that impunity will continue without any strict monitoring. Thirdly, and lastly, considering the current developments, it is also most critical that a new mechanism be established as soon as possible. We here in the Council are not experts on chemical weapons — neither to judge or blame anyone — but must act on the basis of credible evidence provided to us by an independent, impartial and representative investigative body we can all trust. In that regard, we support the ongoing consultations on creating a new investigative instrument, in order to prevent any further use of chemical weapons and to bring perpetrators to justice. We are ready to participate actively and contribute to the earliest revival and ultimate realization of our investigative potential. Mr. Meza-Cuadra (Peru) (spoke in Spanish): We join others in congratulating your delegation, Sir, on having assumed the presidency of the Security Council for the month of February. We support you in discharging your tasks, which we are sure you will do in full. We welcome the holding of this meeting and thank Ms. Izumi Nakamitsu for her valuable briefing on this topic. Peru condemns the use of chemical weapons by any actor, in any place and under any circumstance. Their use against the civilian population in Syria is a war crime and a flagrant violation of international law, international humanitarian law and the non-proliferation regimes. In that regard, Peru believes it is essential for the international community, and in particular the Security Council, to remain resolute and united in its support for the non-proliferation regime and in ensuring that those responsible for these atrocious crimes — which are also threats to international peace and security — be held accountable. We must continue to demand that the Syrian Government fulfil its commitment to cooperate with the Organization for the Prohibition of Chemical Weapons (OPCW) in the elimination of all of its chemical weapons. We take note of some recent progress, such as the imminent destruction of the last two declared chemical-weapon production facilities, as verified preliminarily by the OPCW last November, and the allocation of new financial resources to that end. Nevertheless, we are concerned that key points of the Syrian Government's declaration have yet to be verified, more than four years after its accession to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction. We hope that the 19 recently translated documents that were provided to the OPCW will help rectify errors and omissions and clear up discrepancies. We reaffirm our commitment and support to the OPCW, whose Executive Council Peru is honoured to be a member of. In the face of new reports of chemical-weapon attacks in eastern Ghouta and Idlib, Peru expresses its solidarity with the victims and reiterates the urgent need to identify and bring to justice the perpetrators of such atrocities. Like a majority of Council members, we believe that accountability is essential to safeguarding the international non-proliferation regimes. Preventing this threat requires a credible deterrent. With that goal in mind, we believe it is urgent to establish an attributive mechanism with the highest standards of professionalism, objectivity, transparency and, primarily, independence in order to fill the gap left by the OPCW-United Nations Joint Investigative Mechanism. My delegation will continue to work constructively to create a new mechanism that addresses the legitimate concerns of all Council members and of the international community. Mr. Skoog (Sweden): I also want to congratulate you, Mr. President, on assuming the presidency of the Security Council for the month of February. I also thank Ms. Izumi Nakamitsu for her briefing today. In recent weeks there have been new, alarming reports of alleged chemical-weapon attacks in Syria. The most recent allegation was this weekend in Idlib. These reported attacks must be immediately investigated by the Organization for the Prohibition of Chemical Weapons (OPCW) Fact-finding Mission, to which we offer our full and unreserved support. We reiterate our strongest condemnation of the use of chemical weapons. It is a serious violation 05/02/2018 The situation in the Middle East S/PV.8174 18-03099 9/17 of international law and it constitutes a threat to international peace and security. Their use in armed conflict amounts to a war crime. Perpetrators of such crimes must be held accountable. We cannot accept impunity. That is why Sweden joined the International Partnership against Impunity for the Use of Chemical Weapons, initiated by France. As a member of the Security Council and of the OPCW Executive Council, we support all international efforts to combat the use and proliferation of chemical weapons by State and non-State actors alike anywhere in the world. We count on this initiative to complement and support our collective work in multilateral forums, as well as the existing multilateral mechanisms to achieve unity around those important goals. That also includes the Human Rights Council's Commission of Inquiry and the International, Impartial and Independent Mechanism, both of which have important mandates in collecting information. I again thank High Representative Nakamitsu for her briefing today. She reminded us that work remains on the implementation of resolution 2118 (2013). The outstanding issues relating to Syria's initial declaration must be resolved without further delay. We again call upon the Syrian authorities to fully cooperate with the OPCW in that regard. As the Secretary-General has stated, the continuing allegations highlight yet again our shared obligation to identify and hold to account those responsible for the use chemical weapons on Syria. We need to heed his call, come together and act. That is why Sweden has engaged in the negotiations on establishing a new independent and impartial attributive mechanism. The Council has a responsibility to protect the international disarmament and non-proliferation regimes and for ensuring accountability. Negotiations need to be in good faith, but with the objective of establishing a truly independent, impartial and effective mechanism for accountability. Ms. Wronecka (Poland) (spoke in Arabic): I would like to take this opportunity to wish the delegation of Kuwait every success in implementing the programme of work for this month. (spoke in English) Let me thank High Representative Izumi Nakamitsu for her informative briefing. We appreciate the ongoing work of the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons (OPCW) and the Fact-finding Mission. We welcome the cooperation between the secretariat and the United Nations Office for Project Services, which facilitated the destruction of the two remaining chemical-weapon production facilities. We look forward to the results of the analysis by the Declaration Assessment Team of a set of documents and declarations submitted by Syria. Chemical weapons continue to pose a threat to the people of Syria. Repeated allegations of the use of chemical weapons in Syria, including the recent ones, serve to underline the fact that there is still a challenge to international peace and security, as well as to the credibility of the Chemical Weapons Convention regime. In that context, there is a genuine need for a clear message that impunity for perpetrators is not an option. We have clearly stated in various forums that the use of chemical weapons by anyone — State and non-State actors alike — anywhere and under any circumstances must be rigorously condemned and those responsible for such acts must be held accountable. We agree that the Security Council needs to take steps in order to establish a credible, professional and independent investigative mechanism. We have therefore engaged in the discussions to find the best solution for the future mechanism. I would like to focus on three points. First, Poland has supported the work of the OPCW-United Nations Joint Investigative Mechanism (JIM) and continues to support the establishment of an independent and credible investigative mechanism aimed at holding accountable the perpetrators of the use of chemical weapons in Syria. However, a future mechanism will not operate in a void. The instrument must build on the Joint Investigative Mechanism. Not only should it build on the significant achievements of the JIM, but its mandate must not deviate from resolution 2235 (2015). Secondly, the mandate of the mechanism should be balanced. There is a need to identify not only the individuals, entities and groups but also the Governments responsible for any use of chemicals as weapons. Thirdly, one of the most important elements of the mandate must be to ensure that the mechanism is independent in its proceedings and conclusions and S/PV.8174 The situation in the Middle East 05/02/2018 10/17 18-03099 free from the pressure of political verification of its conclusions by the Council. Mr. Ndong Mba (Equatorial Guinea) (spoke in Spanish): Allow me once again to congratulate you, Mr. President, and the State of Kuwait on your assumption of the presidency of the Security Council for the month of February. I wish you every success and assure you of our full support. Allow me also to express my congratulations and appreciation to Ms. Izumi Nakamitsu, Under-Secretary-General and High Representative for Disarmament Affairs, and her team for the presentation of the comprehensive and detailed briefing on the current political and humanitarian situation with regard to chemical weapons in Syria. The political — and in particular the humanitarian — crisis in Syria is reaching alarming proportions. The Republic of Equatorial Guinea expresses its solidarity with the families of the countless victims, as well as with the thousands of displaced people trapped by the hostilities and the more than 13 million people who currently need humanitarian assistance as a result of the continuing conflict. I would like to take this opportunity to condemn the loss of numerous civilian lives in this conflict, and I call on all parties to comply with international law on the protection of civilians and to distinguish between military and civilian objectives and refrain from firing rocket launchers into populated areas, as is being reported in eastern Ghouta. Equatorial Guinea can only express its satisfaction at the destruction of almost all the chemical-weapon production facilities declared by the Syrian Arab Republic thanks to the technical assistance of the Organization for the Prohibition of Chemical Weapons (OPCW). However, while we welcome the cooperation between the Government of the Syrian Arab Republic and the OPCW, it is necessary to be vigilant and to continue to condemn in the strongest terms any possible use, development, acquisition or manufacture of chemical weapons in the country or transfers of such weapons to other States or non-State actors. In that regard, we vigorously condemn the recent use of toxic chemical weapons by whomsoever. The perpetrators of such horrendous acts must be brought to justice and sentenced appropriately. For seven years already, Syria has been a war scenario that crystallizes internal, regional and, even, international divisions. The primary responsibility for the maintenance of international peace and security bestowed upon the Security Council by the Charter of the United Nations should lead the 15 member countries of this principal organ of the United Nations to overcome their differences regarding the situation in Syria and to renounce their political and strategic interests in favour of the legitimate aspirations of the Syrian people to achieve well-being and prosperity. In that regard, it is appropriate that, as Russia has already proposed, another mechanism be established to replace the OPCW-United Nations Joint Investigative Mechanism so that it can carry out the necessary investigations on the use of chemical weapons in Syria and thereby arrive at a result that garners consensus among the members of the Council in order to again unify our criteria for an objective examination of the situation. Mr. Nebenzia (Russian Federation) (spoke in Russian): At the outset, I would like to congratulate you, Mr. President, at the beginning of your presidency of the Security Council for the month of February. I wish you every success. We also thank Ms. Nakamitsu for her briefing. We trust that, with the assistance of the United Nations Office for Project Services and the Organization for the Prohibition of Chemical Weapons (OPCW), the two remaining above-ground Syrian chemical-weapon facilities will be promptly destroyed. The Syrian side has repeatedly demonstrated its interest in that. The pending issues related to the initial declarations should be dealt with as part of the dialogue between the OPCW and the Syrian Government. We welcome such cooperation, by which Syria, as a conscientious party to the Chemical Weapons Convention, provides the necessary assistance, complies with its obligations and facilitates access to the relevant documents. Many people have raised false issues that should now be closed and put aside. Syria's chemical-weapon capacity was destroyed under the oversight of the OPCW. However, it seems that there are some who wish to contrive to fan the flames on the issue. The Syrians have provided exhaustive explanations. However, issues are being raised and questions are being asked in a endless cycle. The Syrian side consistently reports to the international community, including the Security Council, about the detection of toxic chemical substances in areas liberated from the terrorists. There 05/02/2018 The situation in the Middle East S/PV.8174 18-03099 11/17 are reports from Syria about possible provocations that may be used by representatives of foreign intelligence services. All such reports must be investigated immediately by the experts of the OPCW. However, we note that, in general, tremendous efforts are necessary for The Hague to duly respond to the important message. There are numerous pretexts being put forward not to travel there and decisions are being delayed. In the light of last year's story of Khan Shaykhun and the Shayrat air base, such conduct suggests deliberate sabotage. However, the statements today have left us with the impression that it is not Syria that some delegations are interested in. The United States and the United Kingdom have used today's meeting to slander Russia, and it is quite clear why that is happening. Someone cannot tolerate the success of the Syrian National Dialogue Congress in Sochi and the prospects it offers for injecting new momentum into the political process in Syria. That requires launching a major campaign of slander against Russia in order to try, not for the first time, to cast doubt on Russia's role in the Syrian political settlement. As always, the statements of these representatives contain a grain of truth mixed with mountains of lies. Russia has never contested the use of sarin in Khan Shaykhun. But who it was used by is still a mystery, because the absurd conclusions of the OPCW-United Nations Joint Investigative Mechanism (JIM) have not convinced us. In the past few days there has been general uproar about alleged incidents involving the use of chlorine in some Damascus suburbs. There has already been talk of the use of sarin. Where? When? By whom? The outlines of this propaganda campaign are not new. The terrorists, through the social associations that are closely linked to them, foremost among them the notorious White Helmets, spread rumours via social networks. These are instantly picked up by the Western press, and then we get representatives speechifying in the Security Council, making unproved accusations about the so-called Syrian regime and spreading slander about Russia. I have said it before and I will say it again: has anyone thought to ask the basic question as to why the Syrian Government needs to use chemical weapons? What do we suppose that could do for it? The first thing we should do, and various speakers today, particularly the representative of Sweden, have discussed this, is to send an OPCW fact-finding mission to those areas to investigate. Where is the presumption of innocence? The speakers are blaming the so-called regime for everything in advance, before any investigation. What do they want an independent investigative mechanism for? Surely at least they know that an investigation has to precede any conclusions. But apparently they do not need one. In my opinion, it should be completely clear to everyone that that the capitals that these representatives represent in the Council have absolutely no interest in any investigation. They do not need facts or precise evidence. They need to see a political order carried out. On 23 January, Russia announced the launch in the Security Council of expert efforts to draft a resolution establishing a new investigative entity for incidents involving the use of chemical weapons to replace the defunct OPCW-United Nations Joint Investigative Mechanism, which was killed by the United States and its allies when they blocked the draft resolution (S/2017/968) that we proposed, together with China and Bolivia, designed to ensure that the Mechanism could be genuinely independent and professional. Not only do they not recall that episode, they have made strenuous attempts to convince the Security Council and the world community of the opposite. It has become clear that some of our partners are not prepared to consider this possibility. They want a second JIM that would continue to rubber-stamp the scientifically and technically ridiculous anti-Damascus conclusions on the basis of disinformation generously supplied by militant groups. They have long had a persistent allergy to the pressing need to pay close attention to the activities of terrorist groups, both in Syria and beyond its borders, in the context of manipulating toxic substances. In the realization that we will not allow the now entirely discredited JIM to be revived, Syria's opponents are now attempting to take alternative routes, cobbling together narrow groups of like-minded people. However, they are forgetting that in doing that they are undermining the authority of international bodies, particularly the United Nations and the OPCW, and destroying the international architecture on the non-proliferation of weapons of mass destruction. Any initiatives in the context of the use of chemical weapons that circumvent the OPCW would be illegitimate. We certainly hope that the leadership of the United Nations Secretariat and the OPCW Technical Secretariat will make a firm show of will and distance themselves from such dubious projects. S/PV.8174 The situation in the Middle East 05/02/2018 12/17 18-03099 We are ready to accept a press statement on the Syrian chemical issue, but not the one proposed by its sponsors, because in its current form its purpose is quite clearly to blame the Government of Syria for what is so far the unproved use of chemical weapons. Somehow the draft statement does not say anything about the Government of the Syrian Arab Republic, but the reference to Article 7 of the Charter of the United Nations leaves no doubt as to its essence. We cannot accept any still unconfirmed references to the use of chemical weapons without a credible investigation, nor can we accept any threats to a sovereign State for unproved actions. For some reason, eastern Ghouta has been dragged into the statement. I would like to remind the Council that last week we were prepared to accept an agreed-on draft presidential statement on the humanitarian situation in Syria. But our partners preferred to reject it. We are ready to accept a press statement, but not as it is proposed by our colleagues. We have proposed amendments to it that we are ready to circulate and agree on in that form. Mr. Tanoh-Boutchoue (Côte d'Ivoire) (spoke in French): I would like to congratulate Kuwait through you, Mr. President, on its accession to the presidency of the Security Council for the month of February, to wish it every success and assure it of Côte d'Ivoire's cooperation. I would also like to thank Ms. Izumi Nakamitsu, High Representative for Disarmament Affairs, for her excellent briefing. My delegation commends the work of the Organization for the Prohibition of Chemical Weapons through its Fact-finding Mission with regard to the dismantling of Syria's chemical-weapon stocks. We encourage the Syrian Government to comply with decisions regarding the destruction of its chemical arsenal. My delegation is seriously concerned about the reports in the past week once again alleging the possible use of chemical weapons in the conflict in Syria, particularly in eastern Ghouta, where 21 cases of suffocation have been reported. They represent a significant reversal in our efforts to combat impunity with regard to the use of chemical weapons in Syria. The suffering inflicted on the Syrian people is intolerable and must be ended. In that regard, my country calls for continued efforts to implement resolution 2118 (2013), which provides for the complete dismantling of the Syrian chemical-weapons arsenal. These new allegations of the use of chemical weapons once again call into question the Council's responsibility, particularly in terms of putting an end to these acts as soon as possible and of clearly identifying the perpetrators of such criminal acts. In its latest statement on the issue of chemical weapons in Syria (see S/PV.8164), my delegation warned against the Council's failure to act, which could be interpreted by those involved in the use of such weapons in Syria as a weakness of this organ and licence to act with impunity. Clearly, those who commit these despicable acts will continue to do so as long as the Council remains divided about the need to set up a consensus-based framework capable of identifying perpetrators and bringing them to justice. My delegation therefore encourages all ongoing initiatives that support the establishment of an accountability mechanism acceptable to all. In conclusion, Côte d'Ivoire reiterates its strong condemnation of the use of chemical weapons in Syria and calls upon the relevant United Nations mechanisms to shed light on the new allegations of the use of such weapons. My delegation eagerly awaits the conclusions of the report that will be submitted after the second round of inspections conducted at the Scientific Studies and Research Centre in Syria. Mr. Wu Haitao (China) (spoke in Chinese): China congratulates Kuwait on assuming the presidency of the Security Council for the current month. We also commend Kazakhstan for its accomplishments during its presidency last month. I wish to thank the High Representative Nakamitsu for her briefing. China welcomes the progress achieved in the verification and destruction of the two remaining chemical-weapon facilities within Syria's borders. We support the Organization for the Prohibition of Chemical Weapons (OPCW) in continuing its coordination and cooperation with the Syrian Government so as to properly settle all the questions revolving around the initial declarations of chemical weapons by Syria through the OPCW platform. China expresses its deepest sympathy to the Syrian people for their suffering as the result of chemical weapons. No use of chemical weapons will be tolerated. Lately, there have been some media reports of suspected use of chlorine and other poisonous chemicals as weapons within Syria's borders, over which China wishes to register its deepest concern. It is hoped that 05/02/2018 The situation in the Middle East S/PV.8174 18-03099 13/17 the parties will carry out verification of the related incidents as soon as possible. When it comes to the question of chemical weapons, China's position is as clear cut as it is consistent. We stand firmly against the use of chemical weapons by any country, organization or individual for whatever purpose and under any circumstances. China supports conducting comprehensive, objective and impartial investigations into any alleged use of chemical weapons within Syrian borders so as to come up with results that withstand the test of time, square with the facts and help bring the perpetrators to justice. Establishing a new chemical-weapon investigative mechanism is critical to getting to the bottom of the chemical-weapon incidents as well as warding off any future recurrences in Syria. All Council parties should work together to that end. China supports the efforts on the part of Russia to promote the establishment of a new investigative mechanism into the use of chemical weapons in Syria. We hope that the members of the Council will continue to engage in constructive consultations so as to achieve consensus at an early date. The chemical-weapon issue in Syria is closely related to a political settlement to the Syrian situation. Major achievements have been made at the Syrian National Dialogue Congress, held recently in Sochi, which played a positive role in advancing the Syrian political process, while lending impetus to relaunching the Geneva talks. It is China's hope that relevant parties will support the Security Council and the OPCW in continuing to act as the main channel for tackling the Syrian chemical-weapon issue, adopt a constructive attitude, seek proper solutions through consultation, maintain the unity of the Council and work with the United Nations and with the relevant parties in advancing the political process in Syria. Mr. Van Oosterom (Netherlands): As this is the first time that I take the floor under the Kuwaiti presidency of the Security Council, I would like to congratulate and honour Kuwait's assumption of the presidency by trying to offer my thanks in Arabic: (spoke in Arabic) Thank you, Mr. President. (spoke in English) I would also like to thank Ms. Nakamitsu for her comprehensive and clear briefing. I will address three issues today: first, reports of the renewed use of chemical weapons in Syria; secondly, the need for accountability; and, thirdly, the Organization for the Prohibition of Chemical Weapons (OPCW) report at hand (S/2018/84, annex). With respect to the renewed use of chemical weapons in the past weeks, the Kingdom of the Netherlands is shocked at the recent reports of chemical attacks in Syria, including this weekend and last night. We are outraged. In Douma, in eastern Ghouta, and last night in Saraqeb, in Idlib, innocent civilians, including children, have become victims once again of horrible chemical-weapon attacks. Such attacks deserve the strongest condemnation of the Security Council as violations of international law. Furthermore, recent OPCW laboratory tests show that samples of the chemical attack on Ghouta in August 2013 correspond to the chemical-weapons arsenal declared by the Syrian regime in 2014 and the Khan Shaykun attack in 2017. This confirms once again that the Al-Assad regime uses chemical weapons against its own population. We pay tribute to the work of the White Helmets, who have saved more a 100,000 civilians from the rubble of the Syrian war. The use of chemical weapons should never go unpunished. Impunity erodes the important prohibition against the use of chemical weapons. It is inconceivable that impunity now reigns, which brings me to my second point, namely, the need for accountability. As others have said, we had a well-functioning and professional mechanism to ensure accountability for the use of chemical weapons in Syria, the Joint Investigative Mechanism (JIM). The JIM repeatedly determined the use of chemical weapons by the Syrian regime and by Da'esh. It had a strong mandate to investigate and identify perpetrators independently from the politics of the Security Council. And it did so accordingly, but the renewal of its mandate fell victim to the repeated use of the veto. However, that does not mean that we now need to settle for less. The Kingdom of the Netherlands is prepared to work together on any proposal that strengthens accountability and the international rule of law. But let me emphasize that a weak accountability mechanism is not an option. For us, the fundamental characteristics of any accountability mechanism are the principles of impartiality, independence, comprehensiveness and effectiveness. S/PV.8174 The situation in the Middle East 05/02/2018 14/17 18-03099 In order to uphold those principles, a mechanism should at least meet the following requirements. First, it should operate independently from the Security Council, including when it comes to the attribution of guilt. It should be impartial. The separation of powers is necessary to prevent undue politicization. Secondly, the mechanism should be effective; it should independently decide how it will conduct its investigations, including when it comes to analysing facts and assessing the quality of evidence. Lastly, it should be comprehensive and investigate and identify perpetrators among all parties to the armed conflict — both State and non-State actors. The draft resolution that is currently being discussed has not yet met those important principles. That brings me to my third point, namely, the fifty-second OPCW report (S/2018/84, annex), which the High Representative presented very clearly in her briefing. The report points out that, unfortunately, too little progress has been made by the Syrian authorities in addressing the outstanding questions that the OPCW posed about the declaration of the Syrian authorities. It is essential that the Syrian authorities cooperate seriously with the OPCW. The Kingdom of the Netherlands supports the continuation of the work of OPCW Fact-finding Mission. We call on all States to ensure that the Fact-finding Mission can continue its work independently. In conclusion, we stand ready to adopt the draft press statement, as circulated before. We are convinced that the Security Council cannot allow the continued use of chemical weapons to go unpunished. Impunity is a curse; accountability is a must. The Council has to act. As long as the Council is blocked from achieving accountability by the use of the veto, we will also continue our efforts outside the Council. We therefore strongly support other accountability initiatives for Syria, such as the International, Impartial and Independent Mechanism for the Syrian Arab Republic and the Human Rights Council's Independent International Commission of Inquiry on the Syrian Arab Republic. We also support the International Partnership against Impunity for the Use of Chemical Weapons, which was just highlighted by our French colleague. However, let me repeat what I have said in the Chamber before, the Council should refer the situation in Syria, especially the mass atrocities committed in the conflict, to the International Criminal Court in The Hague. Mr. Alemu (Ethiopia): We are very pleased to see you, Mr. President, assuming responsibility for the presidency. I wish to thank High Representative Izumi Nakamitsu for her briefing, which, as always, we found to be balanced, and therefore useful. We are in need of that kind of approach. Frankly speaking, we need that very desperately. During times such as this, when we seem to be so deeply divided, the role of United Nations officials like her becomes all the more critical. We thank her. We remain deeply concerned by the continued reports on the use of chemical weapons in Syria. We strongly condemn the use of chemical weapons by any actor, State and non-State alike, in Syria or anywhere else. As we have stated repeatedly, the use of chemical weapons is totally unjustifiable under any circumstances. It constitutes a threat to international peace and security and undermines the international non-proliferation architecture. We cannot agree more with what the Secretary-General stated in the concluding paragraph of his letter of 1 February: "The fact of these continuing allegations again highlights the shared obligation to identify and hold to account those responsible for the use of chemical weapons." That is why the unity of the Council is absolutely important. Without it, the Council's ability to respond to grave threats to international peace and security, such as the use of chemicals as weapons, will be seriously hampered. In that regard, what High Representative Nakamitsu said a while ago is most relevant: "unity, not impunity". Let me say that we regret that the Council was not able to renew the mandate of the Organization for the Prohibition of Chemical Weapons-United Nations Joint Investigative Mechanism. If we are not able to address this institutional gap by drawing lessons from last year and forge the necessary unity and compromise, we will be sending the wrong message and encouraging impunity. The fact that chemical-weapon attacks have continued as recently as yesterday worries us very much. That is why it is so critical that we seek an independent way of establishing accountability. We appreciate the initiative taken by the Russian Federation to propose a draft resolution on the establishment of a new mechanism, which has been the basis for discussion in recent days. This is a conversation that we welcome. As we continue to discuss this very important matter, our consultations should be constructive and forward-looking. Of course, 05/02/2018 The situation in the Middle East S/PV.8174 18-03099 15/17 we are not naive; we have no illusions about how matters are becoming more and more complicated by the day. However, we still hope that the Council will restore its unity to reach common ground and create an independent, impartial and professional mechanism that will be able to identify those responsible for the use of chemical weapons in Syria, based on robust evidence. We welcome that the Organization for the Prohibition of Chemical Weapons (OPCW) has continued to assist the Syrian Government in destroying the remaining stationary above-ground facilities. As the High Representative stated, we hope the facilities will be totally eliminated in the coming month. We have just heard a very encouraging statement from the High Representative. We note that the OPCW has translated and finalized its analysis of the 19 documents submitted by the Syrian Government. While we look forward to the final report, we encourage continued cooperation and meaningful communication between the Syrian Government and the OPCW that leads to tangible results to address the outstanding issues. We also note that its Fact-finding Mission has continued its investigation related to allegations of the use of chemical weapons in Syria. We look forward to its reports. Let me conclude by again reiterating, at the risk of sounding naive, how the unity of the Council is vital to ensuring accountability and deterring and stopping the use of chemical weapons in Syria and elsewhere. We only hope that the challenge we face in this area is not a reflection of the growing lack of trust that characterizes international relations today, making joint action in most critical areas more complicated than it should be. The President (spoke in Arabic): I shall now make a statement in my capacity as the representative of Kuwait. At the outset, I would like to thank the High Representative for Disarmament Affairs, Ms. Izumi Nakamitsu, for the briefing she gave at the beginning of this meeting. We had hoped that the Security Council's unanimous adoption of resolution 2118 (2013), in September 2013 following the first incident involving the use of chemical weapons in Syria, would have resolved this matter, since the Council had demonstrated unity and determination in confronting that crime with a view to ensuring that it not be repeated and that its perpetrators be held accountable. Consequently, we regret the substantial regression in addressing the chemical-weapon issue in Syria, which is a result of the divisions among Council members after the Council was unable to extend the mandate of the Organization for the Prohibition of Chemical Weapons-United Nations Joint Investigative Mechanism in Syria, which we feel carried out its tasks in a very professional, impartial and independent manner. We express our deep concern about the allegations of the continued use of chemical weapons in Syria, most recently during the attack in Douma, in eastern Ghouta, last week and during the attack that took place in Saraqeb, in Idlib, yesterday. This is the third such attack during the past few weeks, which means that the perpetrators of those crimes will go unpunished and that there is no guarantee that they, or anyone else, who commits such crimes in the future will be held accountable, after we lost the Joint Investigative Mechanism. The position of the State of Kuwait is a principled and steadfast one that strongly condemns any use of chemical weapons, wherever, whenever and by whomsoever, as this is considered a grave violation of international law. We reiterate the need to hold accountable those responsible for such use, be they individuals, entities, non-State groups or Governments. In that context, we condemn the use of heavy and destructive weapons as well as the targeting civilians and residential areas killing dozens of innocent victims. These weapons target health facilities and civilian locations in eastern Ghouta, Idlib and other areas. We therefore support the International, Impartial and Independent Mechanism for Syria in its quest to gather evidence and investigate the crimes committed against civilians in order to hold the perpetrators accountable. The State of Kuwait will support any alternative or mechanism that enjoys the consensus of all members of the Security Council and ensures the independence, neutrality and professionalism of any new future mechanism. In that regard, we reaffirm that the primary responsibility of any mechanism must be to determine the identity of those using chemical weapons in Syria, provided that the Security Council would then play its role and hold the perpetrators accountable, in implementation of the principle of ending impunity and of resolution 2118 (2013), which undoubtedly stipulates the imperative need for, and importance of, holding accountable those responsible for the use of chemical S/PV.8174 The situation in the Middle East 05/02/2018 16/17 18-03099 weapons in Syria. We also look forward to receiving the report that will soon be submitted by the Fact-finding Mission, as mentioned by Ms. Nakamitsu in her earlier briefing on the most recent incidents, as well as her reports on the use of chlorine gas in Saraqib. In conclusion, we reiterate our full readiness to take part in any efforts that are aimed at reaching consensus among Security Council members and at holding accountable the perpetrators of such internationally prohibited crimes. We assert that a political solution in Syria is the only way to arrive at a comprehensive settlement of the crisis, in accordance with the relevant Security Council resolutions, especially resolution 2254 (2015) and the 2012 Geneva communiqué (S/2012/522, annex). I now resume my functions as President of the Council. The representative of the United Kingdom has asked for the floor to make a further statement. Mr. Allen (United Kingdom): I disagree with a lot of what my Russian colleague said, but I will not stretch my colleagues' patience. But I do feel compelled briefly to respond to several of the points that he made. The first point is to say that this is not political for us. Preventing the use of these abhorrent weapons should transcend political disagreements. We do not oppose Russia's important role in Syria at all. We noted the outcomes of Sochi, and we look forward to the proposal for a constitutional committee returning to the next round of Geneva talks, with the full participation of Russia and the Syrian authorities, as was laid out in resolution 2254 (2015). The second point I would simply make is that the notion that it was anyone other than Russia that ended the Joint Investigative Mechanism is absurd. The voting records of the Council are clear and are available to all. Russia vetoed three different proposals for the extension of the Mechanism, the last of which simply extended it for a short period and requested the Secretary-General to make recommendations, but even that was unacceptable. Finally, on a note of agreement, I just want, like my Dutch colleague, to praise the incredible work of the White Helmets, who risk their own lives on a daily basis to save thousands of Syrians civilians. The President (spoke in Arabic): I now give the floor to the representative of the Syrian Arab Republic. Mr. Mounzer (Syrian Arab Republic) (spoke in Arabic): My country condemns and rejects in the strongest possible terms any use of chemical weapons or of any other weapon of mass destruction, as this constitutes a crime against humanity and an unethical and unjustifiable act, under any circumstances. The real target of such weapons is the Syrian people, who remain the primary victims of the crimes committed by armed terrorist groups, which have not hesitated to use chemical weapons against them. I reaffirm before the Security Council that my country has sought, and continues to seek, to identify the real perpetrators responsible for the use of chemical weapons in my country, Syria. Based on those steadfast principles, my Government joined the Chemical Weapons Convention and has honoured all of its commitments thereunder. My country achieved an unprecedented and definitive feat in the history of the Organization by ending the Syrian chemical-weapons programme in record time. That was corroborated in the report of the Organization for the Prohibition of Chemical Weapons-United Nations Joint Investigative Mechanism to the Council in June 2014. My country is the party most desirous of uncovering the truth. We have always supported, and will continue to support, in principle any initiative by the Council whose aim is to establish the truth, identify those who are really trading in the blood of the Syrian people and using toxic chemical substances against Syrian civilians, including armed terrorist groups, as well as levelling false accusations against the Syrian Government. In that regard, on behalf of the Government of my country, I once again reiterate our condemnation of all American and Western allegations accusing us of committing chemical-weapon attacks in our country. I reaffirm that those accusations are groundless and cheap lies. International public opinion and the majority of United Nations Members now know that this is but standard procedure for the United States and its allies in the Council each and every time they learn that the armed terrorist groups that they finance, arm and support on the ground in Syria are at an impasse and losing ground to the advancing Syrian army and its allies. The latter are today waging a war, on behalf of the entire world, against terrorism, which, unfortunately, is being supported by certain Governments that have no interest 05/02/2018 The situation in the Middle East S/PV.8174 18-03099 17/17 in ensuring international peace and security and are solely seeking to advance their own political agendas. My Government reaffirms once again that the United States, the United Kingdom and France are fully responsible for the paralysis of international investigative mechanisms concerning the use of toxic chemical substances, as the Governments of those States are seeking to shield the armed terrorist groups that they support. We recall before all present here that it is Syria that originally called for an investigation into instances of the use of toxic gas by armed terrorist groups. False accusations against my Government of using toxic chemical substances are attempts to cover up its efforts to reveal to the world that certain armed terrorist groups and their sponsors have continued to perpetrate crimes against innocent civilians through the use, more than once, of toxic substances. The Syrian Government has provided the Organization for the Prohibition of Chemical Weapons (OPCW) and the OPCW-United Nations Joint Investigative Mechanism (JIM) with evidence that proves that such groups possess banned toxic substances. We have repeatedly called for the carrying out of investigations to corroborate such evidence. However, our calls have been ignored. All of my colleagues here recall that the United States and its allies destroyed the JIM. Through their practices here in the Council, they put an end to the Mechanism. They brought pressure to bear on its Chair and its members by pressuring them to refuse to visit Khan Shaykhun. Rather than conduct a field visit to collect real evidence, they merely sought to level accusations and offered up evidence trumped up by Western countries to undermine Syria, to support terrorist groups and to cover up their responsibility for this incident. That occurred after the United States and its partners rejected the call by the Russian Federation to stop the politicization of the work of the JIM and to rectify its methodology by refraining from using false evidence and, instead, limiting itself to scientific and legally sound and reasonable proof. My country continues to honour all of its commitments — the ones we assumed when we joined the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction. We shall persevere in our fight against terrorism — a war that we will wage despite any political or media blackmail or any exploitation of the blood of innocent civilians in Syria. The Permanent Mission of the Syrian Arab Republic will today circulate a letter of the National Committee for the Implementation of the Chemical Weapons Convention, in response to the United States allegations vis-à-vis the work of the JIM and the Fact-finding Mission of the OPCW. The letter proves with scientific and legal evidence that the accusations against my country are false and that Syria has never used such chemicals, and will we ever use them, because we do not possess them. Let us recall that those who level such false accusations against Syria are the Governments of the same States with a dark history of using such internationally prohibited weapons against millions of innocent people — in Viet Nam, Cambodia, Algeria and the list goes on. Finally, on behalf of my Government, I would like to extend our gratitude to the Russian Federation and to friendly countries in the Council, countries that seek to establish truth based on their awareness about the pernicious aims behind the false accusations. They have demonstrated their commitment to the supremacy of the principles of international law and the Charter of the United Nations, as well as their conviction that such abnormal practices undermine the credibility of international actions and institutions and jeopardize international peace and security. The meeting rose at 11.45 a.m.
