Commentaries on International Law and Diplomacy

By Prof. Dr. Emmanuel Omoh Esiemokhai

The epic work, Commentaries on International Law and Diplomacy is a well researched book which contains commentaries on world affairs. The book takes a multi-disciplinary approach to examing events of topical in contemporary international society.

The topics contained in the book cover American Diplomacy, Soviet/Russian Diplomacy, China, European politics, African affairs and other issues of interest to diplomats, students of law and diplomacy, Ministries of Foreign Affairs, International Organizations and anyone with an intellectual habit of mind. It will interest a universal audience. The commentaries are presented in readable style with witty remarks that makes the book a must read material.

• Language: English
• Publisher: AuthorHouse UK
• Release date: Nov 21, 2013
• ISBN: 9781491881644

Prof. Dr. Emmanuel Omoh Esiemokhai

Professor Dr. Emmanuel Omoh Esiemokhai was born on 24th November 1941 at Fugar, Edo State, Nigeria. His is a published author of many books on Law and Diplomacy. He is a graduate of the Universities of Kiev (1968) LL.M, Cologne (1971) Ph.D (Germany) and the Hague Academy of International Law (1968). He taught Law and Diplomacy at the Obafemi Awolowo University, Ife, Nigeria 1979 – 2006), University of Michigan (1992-1992) USA, Shandong University of Science & Technology, Qingdao China (2006 – 2008). He is the Academic Chancellor of BOSAS INTERNATIONAL LAW BUREAU, Abuja, Nigeria. He was the Head of Department of International Law, Obafemi Awolowo University and also the Vice Dean, Faculty of Law, Obafemi Awolowo University, Ife, Nigeria. He is a noted contributor of learned articles to many news media, world – wide. He was the International Legal Adviser to the Nigerian Institute of International Affairs. He is the Coordinator of the Seminar Series, “The Future of Africa and the New International Economic Order,” which is based in Bradford, England. Professor Dr. Emmanuel Om oh Esiemokhai is happily married to Barrister Mrs Elizabeth Esiemokhai, the Company Secretary/Legal Adviser of Nigeria Reinsurance Corporation, Abuja, Nigeria and blessed with children.

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CONTENTS

ACKNOWLEDGEMENTS

PREFACE

REFLECTIONS ON GENERATIONS WITHOUT A FUTURE AND THEIR SLIDE INTO CULTURAL ILLITERACY

SINO-AMERICAN DIPLOMATIC RAPPROCHEMENT

THE POWER OF SOCIAL MEDIA OVER MAN-MADE GODS: MEDIAOCRACY VS. DEMOCRACY IN TURKEY

THE PROPOSED GENEVA DIPLOMATIC CONFERENCE ON SYRIA: OBVIOUS IMPEDIMENTS

RADICALISM AND RADICALIZATION:

THE REMOTE AND IMMEDIATE CAUSES

DISOBEDIENT NATIONS AND

THE WRATH OF GOD

ANTI-CHRIST STRATEGIES

FOR WORLD ANNIHILATION

TRAGEDY AT THE BOSTON

MARATHON 2013

RACISM IN FOOTBALL: SEPP BLATTER MUST QUIT. BLATTER MUST GO

UN AND AGREEMENTS

FOR ARMS CONTROL

INTERNATIONAL SEMINAR ON THE FUTURE OF AFRICA & THE NEW WORLD ECONOMIC ORDER

FURTHER DISCUSSIONS ON THE

FUTURE OF AFRICA (2)

FURTHER DISCUSSIONS ON THE

FUTURE OF AFRICA (3)

FURTHER DISCUSSIONS ON THE

FUTURE OF AFRICA (4)

THE POWERFUL DAUGHTERS OF THE FIRST EVE AND THE OCCASIONAL

FALL OF MEN

HUGO CHAVEZ: A TRIBUTE

SENATOR JOHN KERRY AND

AMERICAN DIPLOMACY OF

RATIONAL JUDGMENT

THE ERA OF DISCLOSURES:

NOTHING IS HIDDEN UNDER THE SUN

ENCOUNTER WITH A TUAREG REVOLUTIONARY AND THE AFEMAI UNIVERSITY STORY

CNN’S POST-ELECTIONS

LAMENTATIONS

THOUGHTS ON AMERICAN REPUBLICANISM

OTHER AMERICAN POLITICAL PARTIES: DEMOCRACY AND

CONSTITUTIONALISM IN THE U.S.

REVOLUTIONS DO OVERTAKE REVOLUTIONS:

LIBYA ONE YEAR AFTER

UNITED NATIONS:

THE FAILURE OF MAN-MADE GODS

THE ERA OF NEGATIVISM

NOW THAT OBAMA HAS SPOKEN…

SINO-JAPANESE TERRITORIAL DISPUTE

BEFORE OBAMA SPEAKS

THE ASSANGE AFFAIR 2

LESSONS FROM THE 2012 LONDON OLYMPICS AND THE ASSANGE AFFAIR

THE WORLD COULD COME TO AN END

REVOLUTION AND HUMAN RIGHTS

CAUGHT IN A WEB OF CIRCUMSTANCE

SUPERSTARS AND THE

PRESSURES OF FAME

THE WRITER AS A THINKER:

CHARLES DICKENS LIVES

200 YEARS ON

HOW CHINESE LEADERS EMERGE: LESSONS FOR NIGERIA

INTERNATIONAL LAW AND DIPLOMACY IN THE SYRIAN CRISIS

RESETTING RUSSO/JAPANESE DIPLOMATIC RELATIONS

CHINA/TAIWAN CROSS STRAIT DIPLOMACY IN THE YEAR

OF THE DRAGON

THE COUP IN EGYPT:

THE END OF THE NOTION OF DEMOCRACY IN THE ARAB WORLD?

2012: CRIES FROM AN ICY WILDERNESS

MY APPLICATION FOR THE POST OF SECRETARY-GENERAL OF THE UNITED NATIONS ORGANISATION:

MY GREATEST STORY

THE STRONG MERITS OF INTERNATIONAL LAW IN THE CONDUCT OF INTERNATIONAL RELATIONS:

A NOTE TO THE SECURITY COUNCIL MEMBERS (2)

THE ROLE OF MILITARY INTELLIGENCE AND DIPLOMACY IN THE ERA OF WORLD TERRORISM:

A NOTE TO THE UN SECURITY

COUNCIL MEMBERS

HATE IS NO EXCUSE:

A CURSORY REVIEW OF

THE TRAYVON MARTIN CASE

THERE IS A BO XILAI IN EVERY POLITICIAN: THE NEW LEFT

MOVEMENT IN CHINA

THE GREAT DEBATE ON SYRIA:

THE MERIT IN OBAMA’S DIPLOMATIC OPTION AND MATTERS ARISING (4)

THE GREAT SYRIAN DEBATE: ROUNDABOUT DIPLOMACY

IN GENEVA (5)

THE INTERNATIONAL LEGAL ISSUES IN THE SCOTTISH QUEST FOR INDEPENDENCE FROM

THE UNITED KINGDOM

TO THE GENERAL ASSEMBLY

OF THE UNITED NATIONS ORGANIZATION, NEW YORK, USA.

(A DIPLOMATIC NOTE)

THE GREAT DEBATE OVER SYRIA:

THE IMPACT OF LESSONS FROM THE IRAQI WAR MISJUDGMENT

THE GREAT DEBATE OVER SYRIA:

THE LOGIC OF THE MATTER AND THE ILLOGICALITY IN THE MATTER (2)

ACKNOWLEDGEMENTS

I acknowledge with deep gratitude all my teachers, especially the Headmaster of Christ the king School, Aba, Mr T. Uwakwe, my Principal at Holy Family College, Abak, Rev. Vincent Brady, the Principal of Fourah Bay College, Sierra Leone, Dr. Davidson Nichol, Professor Marcos Jones, Professor IvanovichLukashuk and Professor Nedbilo of the University Of Kiev, Professor Dr. IgnazSeidlHohenveldern and, Professor Karl Carstens of the University of Cologne and Professor Chris Okeke, Dean of the Golden Gate University, California, USA.

I thank my Wife, Barrister Mrs Elizabeth Ngozi Esiemokhai, who typed all the manuscripts for the book, my children Igwemo, Francis and grandchildren Oghene and Emmanuel Jnr. I extend my acknowledgement to my mother, MrsAminetu Emaruegbe Esiemokhai and my Father, Daniel Esiemokhai and all the members of Adachi Kingdom.

I salute my able and hard-working younger brother, Dr. Tony Ossie Esiemokhai, Director of Academics, Premier University of Sao Tome, Enate and the children I thank God Almighty, Jehovah Adonai till time indefinite for making my Life a symphony of incandescent light. Because He always fought for me. I keep my peace.

Prof. Dr. Emmanuel OmohEsiemokhai

Academic Chancellor,

BOSAS INTERNATIONAL LAW BUREAU,

Abuja Nigeria

PREFACE

T he seismic Diplomatic commentaries recorded in this book are a belated challenge to euro-American intellectual arrogance.

From the dark days of slavery, colonialism, imperialism to present day, Euro-American scholars, pundit writers, commentators of public affairs and iterant journalists have claimed omnipotence in all things on planet earth.

Even though this seems true in many ways, the fact that other scholars have not countered some of the propagations of Euro-American scholars, this author believes that most things are relative and every secular truth is temporary, a healthy dialogue should be encouraged amongst scholars.

The commentaries have been described as seismic because they tell the brutal truth evinced in hard-hitting dialogue where strongly held views are most ebulliently expressed.

Emmanuel Omoh Esiemokhai

Abuja, Nigeria

REFLECTIONS ON GENERATIONS WITHOUT A FUTURE AND THEIR SLIDE INTO CULTURAL ILLITERACY

T he British Prime Minister, David Cameron correctly described the London riots last year as simply motivated by mindless criminality pure and simple. This year, he assured the World of a successful Olympics and Great Britain delivered.

A generation has grown up in Europe in which a feral underclass is sliding into hate-based, racist-driven cultural illiteracy. As victims of cultural degeneracy, hooked on the hip-up mind-set, the young people of Europe are on down-ward slide. Instead of striving to make it in societies where opportunities beckon on the industrious, European youths now freely engage in mindless violence, riots, acts of vandalism and racist outbursts.

This is not surprising. In European societies today, religion is anathema. Where God is absent, evil reigns. It is too late in the history of Europe to think of a religious revival.

The dope culture and the bottle have been well-entrenched. The youth seems past the Rubicon of retrieval. They rely on the computer to add two plus two.

They are incapable of grappling with any complex phenomena. Some are unable to read literary texts but promote e-mail jargon inexorably.

This cultural degeneracy extends to India where tribal violence kills people. Ukraine has become a wild state, where bizarre events happen. The Soviet instilled humanism seems to have evaporated. Is the promotion of same-sex marriage evolution or degradation? This will remain an unanswered question for decades to come.

Youth behavior has become appalling and these leaders of tomorrow are a generation without a future.

Anyone who has followed the events in Iraq, Libya and Syria will wonder what happened to the United Nations Organization, its Charter, Conventions, Declaration and norms of jus cogens

To bring back Mr. Kofi Annan to do Ban ki Moon’s job, attest to the intellectual degeneracy of the UN in the 21st Century.

I advocate for a BOOK OLYMPICS to encourage the writers of the world to compete in putting out literary texts to raise the level of literacy in the world in which power politics, mediocre leaders, propagandist journalists and commentators who, having failed to solve the economic problems of the human race, promote wars, rebellion and mindless violence.

The Russian and the Chinese seem to have been saying NIET on Syria, using the gory experience of Iraq, Libya, Grenada, Vietnam etc. to refuse a repeat performance on Syria. It would appear that the Syrian situation was misread from the beginning.

As I sit in the ornate library of the University of Bradford, England, I throw my mind back on the myriad of disturbing events in Nigeria, where a generation without a future is caught in the web of circumstance, tucked between the devil and the deep blue sea.

The future for some nations is dead without any hope of resurrection.

The liberal politics that permitted hopes of a transformation is still stalled. There is a soaring youth employment problem. As unrest grows out of hopelessness, the tension mounts.

The solution lies in some imaginative bold strokes that the authorities may be incapable of carrying out. A formidable group has held Nigeria to ransom for decades. The phenomenon of generations without a future is frightful, intractable and deep-rooted.

In our modern world society, there are many who have little hope about the future and those who have no future. The number of the latter is rising rapidly, signifying the end times. Those who used to have, now have nothing.

When the sunset of discontent amongst a vocal sector of the Nigerian society became manifest, we suggested that the Government should organize a National Sovereign Conference for dissenting opinion to be heard in public.

Things are now so bad since the Government has not been able to fish out the dissidents or make it a thing of the past. The red, hot iron of violence is continuing making Nigeria fall within the categorization of those nations in suspended animation, whose future must be re-shaped. This is also true of, Mali, Kenya, Libya, Egypt, and Sudan, where discord is endemic.

In some African states, there has been a decline in the quality of life. This will lead to a number of youths taking to bad ways as a result of lack of good education and social enlightenment. They will be enlisted among those who have no future.

As a result of this dismal state of affairs on our Continent, there will be an International Seminar on Africa and the New World Economic Order which will take place between on 21st September 2012 in Bradford, England, to discuss both suggestions and solutions. The seminar will be attended by those Africans, with an intellectual habit of mind; government officials, scholars and entrepreneurs.

Prominent African politicians, scholars and concerned Africans will attend. This will be an opportunity to adopt an intellectual stance in discussing modern Africa.

SINO-AMERICAN DIPLOMATIC RAPPROCHEMENT

T here were scholars and policy bureaucrats who, for decades, benefited from anti-communist hysteria and in the process, hindered the positive development of Sino-American relations.

In February this year, I published an article in nigeriansinamerica.com, in which I suggested that Senator John Kerry may wish to embark on American diplomacy of rational judgment.

His shuttle diplomacy to China, Israel, Palestine and other states is what I was suggesting. It is yielding diplomatic dividends. A diplomacy that promotes war as an instrument of national policy, only plays into the hands of war-mongers and they are many.

The People’s Republic of China and the United States of America;

Conscious of their major power status in the World;

Aware that any advertent or inadvertent misunderstanding would lead to serious consequences;

Desirous to create peaceful bilateral political, economic and cultural relations;

They have vowed to practice tolerance and live in peace with one another as good neighbours, to unite their strength to maintain international peace and to ensure by the acceptance of the principles and the institution of methods, that armed force shall not be used and to employ international machinery for the promotion of economic and social advancement of their people

From the Truman Doctrine to the Obama Pacific diplomatic encirclement theory, a lot of intellectual energy has been expended in issues that have hindered unique, positive and constructive overall development between the US and Communist China.

The tremendous transformation of China, within the last twenty years, has made it imperative for all states to have to co-operate with Communist China.

Those of us, who watched the Reagan attitude to socialist states, would wish that he lived to see how prosperous Communist China has become, using socialist orthodoxy as a state philosophy with market systems as instruments of modernization.

Time was. But times have changed! So Karl Marx, Engels, Lenin and Mao were correct in their scientific analysis about future dominance of socialist ideology.

I propose that socio-capitalism, as an economic philosophy is tested as a regulator of societal governance. A small town in Spain is making some progress in this direction.

For China to have been accepted as a major power is very interesting. Its economic and technological advancement can no longer be submerged in propaganda.

The core problems both the US and China must confront are domestic economic growth. China’s GDP grew by 7.7%, last year. Washington will loosen high tech export to China.

Washington may wish to disregard hard talk by politicians, who want to appear tough with other states. There are always disastrous consequences.

Economic and environmental issues were also discussed broadly. Obama raised the vexed issue of cyber intrusion and the violation of intellectual property rights in China.

The two Presidents wanted the de-nuclearisation of North Korea. The North Koreans are unwilling to do so because they believe that it would be unsafe.

The US runs a huge trade deficit with China, which stands at 315bn Dollars or 204 British Pounds. Also, the Chinese currency continues to wax strong, contending that it has a place in the world’s currency basket.

China will also cooperate with California State. Cyber security and military to military relations will be strengthened.

No conflict, no confrontation but the promotion of peace will be a dominant policy, both Presidents agreed.

The containment strategy China fears might be behind the declared US interest in the Pacific area received assurances that no harm is intended. Both major powers must adhere strictly to the rules of international law, as a legal guide to monitor their international relations and diplomatic practice.

Issues concerning disputes in the South China Sea and maritime disputes can be solved with recourse to the United Nations international legal systems, instead of using bullying tactics and wasteful war-games.

The Chinese President also visited Latin American and the Caribbean states where concerns were expressed about agriculture and food security.

Infrastructural development, technological assistance would be provided to these states.

Reagan would not believe that the US owes the communists!

Events of the last three years in many capitalist states, which have been in financial crisis, leads an unbiased mind to conclude that all the negative propaganda against socialist the way of development, were misplaced.

The impact of socialism on Chinese societal development, is recommending itself to other states to go the Chinese way.

Beneficiaries of the capitalist order will not entertain the thought. However, the choice now is between continued economic crisis and protestations by the populace, as we have seen in the last two years in the European Union., or a progressive revamping of the social system.

African leaders should read the curriculum vitae of Barack Obama and Xi Jing ping to understand the impact of good education on statecraft.

The greatest advantage of a Sino-American Rapprochement is that there would relative peace of mind in both states.

As a result of the elimination of thermo-nuclear fears and state dislocations resulting from this rapprochement, there would be enormous financial resources to boost the standard of living of both peoples.

There would be harmony among ordinary people, who would then intensify the movement of the people.

People are sick and tired of sharing the prejudices of leaders and ruling class idiosyncrasies. Why should what flowed from the puny brains of Adolf Hitler, Mussolini, Pol