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3/16随笔

(2022-03-16 13:25:14) 下一个

在中文语境中,没有哪个字/词能像”嗖“这样,如此精准形象地描绘出时光的匆匆。二十声嗖,时光从2000年一跃至2020年。又两声嗖,又蹿至2022年。千禧年的钟声仿佛还在耳边回响,却奈何二十年少华已逝。不属于自己的总没有感觉,轮到自己了才知是痛。

一恍就到了2022年3月,距2020年3月,世卫宣布全球新冠大流行,已经两周年。今天,美国走至后疫情时期,中国却不得不直面病毒,好在如今的敌人已没有当初那般凶残。这样想来,虽然中国走出疫情的时间比美国晚,但考虑到美国经历的惨烈,中国一路艰辛,却也算值得。

在我的印象中,三月代表着春天的开始。今天知道,这是因为北半球在3/20这天统一进入春天。而先前却是从诸如“早春三月”“三月桃花开”“烟花三月下扬州”此类三月与春天的诗词短语。

在新英格兰地区生活几年后,我已对这一地区的气候有了一定的了解。经验告诉我:气象多变的康州,到了四月还会下雪,康州真正的春天要到四月十日后。

三月以来,小镇的气温与一二月之寒脱缰开来,但表现出跌宕起伏的特点,温度在30-60F间转换。过去连续三天,白天最高气温都保持在60上下, 天气晴好,鸟儿欢鸣。盼春已久的我,趁着昨日的好天气,蹦蹦跳跳着,去外面找春天。

我看到了,水仙花绿尖芽;枫树的胭红芽蕾;连翘的青黄色花蕾;溪边的翠绿色苔藓;还有盛开的白色雪滴花。

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

2/28日学校取消强制口罩令后,儿子还戴了两天口罩。至今摘口罩差一天就两周了,他没事,我也没事。问了他同学情况,他说没见少人。

晚上吃饭问儿子上了什么课?答说历史。讲了什么?答说韩战。因为他在国内小学听语文老师讲过抗美援朝,问他现在听了是否感到糊涂。答说“不糊涂,是朋友" 。"嗯,用朋友理论来理解就变简单了。"

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今天听到一则广播新闻,于是在网上找到了这篇文章

Yale law professor represents Ukraine at World Court

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

上周(3/7),包括一名耶鲁法学教授在内的一个国际律师团队,代表乌克兰出现在世界法庭的听证会上。俄罗斯方因为先前律师悉数辞职,未有律师出席,仅送一纸文书。

该律师是奥巴马时期的美国法律顾问。在接受采访时,他说:俄罗斯侵犯的不只是乌克兰,而是战后的国际秩序。如果让俄罗斯不承担任何后果地走开,那将是对国际秩序的践踏。

虽然普京不把联合国和国际法放在眼里,但联合国还要继续走完法律流程。感觉留给普京的时间不多了。

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

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

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

Koh has taught at Yale Law School since 1985.

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魏薇 回复 悄悄话 回复 'laopika' 的评论 : 好坏自己最清楚:)您用打乒乓球作比,我很有体会。
laopika 回复 悄悄话 我前几天刚写了篇关于沙龙的博文,不知你是否去看过,我自己感觉也有进步。karen说我发现你比刚参加沙龙时多了份自信心,因为她们的英语水平都比我高出好多,所以,好比我打乒乓球,与高手一起练进步就快:)
顾维钧乃中华民国外交部长,著名外交家,在中国近代史上有重要地位。
魏薇 回复 悄悄话 回复 'laopika' 的评论 : 皮卡老师好!是,你们那春天是真来了,我们这只有一点苗头。说的就是,不出席听证,为自己辩护,就是自知理亏。您的语言能力超群,两年就可以听说读了,是勤奋+天赋结出的硕果。:)今天想到一个人--顾维钧。一查才知道,他参与了1945年《联合国宪章》的起草,后来他还担任过海牙国际法庭的法官,副院长。
laopika 回复 悄悄话 小荷才露尖尖角,春天来了,万物开始复苏了。
"If [Russia] thought they actually had a lawful basis to do this, they would appear and defend,"
but they did not
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