ac- asteroid mining (debris multilat) nc - moon mining cp funding cp mining da case ar - multilat nr - moon mining case
Harvard Westlake
3
Opponent: ISINEW EE | Judge: McLoughlin, Samantha
ac - asteroid mining (debris multilat) nc - t-outer space space col da pto ca ar - all nr - t ar - t case
Harvard Westlake
5
Opponent: Immaculate Heart BC | Judge: Gong, Andrew
ac- asteroid mining (debris miscalc) nc - t-appropriation us pic water shortage da traffic cp case ar - all nr - water shortage da case ar - water shortage da case
Jack Howe Long Beach
4
Opponent: Marlborough ED | Judge: Towner, Asher
ac - trade secrets nc - t fiat through wto neolib k innovation da 1ar - all nr - innovation 2ar - all
ac - covid nc - wto cp cap case ar - all nr - cap case ar- all
St Marks
6
Opponent: Harvard-Westlake AT | Judge: Long, Annabelle
ac - covid nc - pharma da cap case ar - all nr - cap ar - cap case
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Cites
Entry
Date
Contact Info
Tournament: Contact info | Round: 1 | Opponent: na | Judge: na hi! pronouns - he/him/his email - 24arjunm@students.harker.org
messenger - arjun moogimane
phone number (pls only use if I'm not responding) - 650-823-7620
9/18/21
JF Asteroid Mining Aff
Tournament: Harvard Westlake | Round: 2 | Opponent: Harvard Westlake LD | Judge: Gwak, Moon Sung Private entities are increasing mining now – US is key Robert Garcia 18, currently an LLM Candidate in Cornell Law School's Law, Entrepreneurship and Technology program at Cornell Tech in NYC., “Regulating International Space Mining, an Enormous Industry,” Pacific Council on International Policy, 10-23-2018, https://www.pacificcouncil.org/newsroom/regulating-international-space-mining-enormous-industry In 2015, the United States passed the U.S. Commercial Space Launch Competitiveness Act AND . As the technologies advance, we are inexorably headed toward space mining becoming a reality. Whether it will lead to increased resources, providing a net benefit for all people on earth, or serve to increase economic inequality by disproportionately favoring the spacefaring nations remains to be seen.
It causes dangerous space mining and deregulation globally – multilateralism solves. Edd Gent 20, freelance science and technology writer, “Space Mining Should Be a Global Project—But It's Not Starting Off That Way,” Singularity Hub, 10-12-2020, https://singularityhub.com/2020/10/12/the-us-is-trying-to-hijack-space-mining-and-there-could-be-disastrous-consequences/ Exploiting the resources of outer space might be key to the future expansion of the human species. But researchers argue that the US is trying to skew the game in its favor, with potentially disastrous consequences AND For better or worse, it seems that US dominance in space exploration means it’s in the driver’s seat when it comes to setting the rules. As they say, to the victor go the spoils. Dangerous mining greatly increases the risk of space debris. Sarah Scoles 15, “Dust from asteroid mining spells danger for satellites,” New Scientist, 5-27-2015, https://www.newscientist.com/article/mg22630235-100-dust-from-asteroid-mining-spells-danger-for-satellites/ NASA chose the second option for its Asteroid Redirect Mission, which aims to pluck a boulder from an asteroid’s surface and relocate it to a stable orbit around the moon. AND A few basic precautions will prevent harm due to stray asteroid material.” Clustering makes the risk of collisions uniquely high and the risk is understated Dr. Darren McKnight 17, Ph.D., Technical Director for Integrity Applications, Previously Senior Vice President and Director of Science and Technology Strategy at Science Applications International Corporation, “Proposed Series of Orbital Debris Remediation Activities,” 3rd International Conference and Exhibition on Satellite and Space Missions, 5/13/2017, https://iaaweb.org/iaa/Scientific20Activity/debrisminutes03166.pdf graphics omitted In the future, this population will be added to primarily from collisions between large objects in orbit as the number of LNT produced is proportional to the mass involved in a collision (or explosion). AND . I am currently executing a subset of this proposed activity in an ad hoc fashion in conjunction with JSpOC. I have been monitoring the interaction dynamics between the SL-16 population in the 820- 865km altitude region for the last nine months. Debris cascades cause global nuke war Les Johnson 13, Deputy Manager for NASA's Advanced Concepts Office at the Marshall Space Flight Center, Co-Investigator for the JAXA T-Rex Space Tether Experiment and PI of NASA's ProSEDS Experiment, Master's Degree in Physics from Vanderbilt University, Popular Science Writer, and NASA Technologist, Frequent Contributor to the Journal of the British Interplanetary Sodety and Member of the American Institute of Aeronautics and Astronautics, National Space Society, the World Future Society, and MENSA, Sky Alert!: When Satellites Fail, p. 9-12 language modified Whatever the initial cause, the result may be the same. A satellite destroyed in orbit will break apart into thousands of pieces, each traveling at over 8 km/sec AND ). It allows soldiers to navigate in the dark or in adverse weather or sandstorms. Without GPS, our military advantage over potential adversaries would be dramatically reduced or eliminated. Satellites are key to environmental monitoring – debris collapses it and causes climate extinciton Ben Biggs 18, PhD Researcher in Computer Vision and Deep Learning at the University of Cambridge, “How Satellites Can Protect Planet Earth From Disaster”, HowItWorks Daily, 12/22/2018, https://www.howitworksdaily.com/how-satellites-can-protect-planet-earth-from-disaster/ It might not look it, but our planet is a fragile place. A delicate balance of pressure, temperature and gases keeps us alive, as our atmosphere lets in enough heat for us to thrive – but not too much that we get too toasty. For many years our planet has looked after itself with ease. Now, with humans on the scene, things are changing more than ever, from climate change to mass deforestation. If our planet is going to survive long into the future it’s going to need our help AND While the US later infamously reneged from this agreement, it was proof that with enough level-headed minds, minds that can see the data from missions showing how the planet is changing, we can take action. Humans continue to have a major effect on the planet, for better or worse, and monitoring that change is vital to our planet’s survival. Independently, unregulated mining causes space war Fengna Xu 20, Law School, Xi’an Jiaotong University, “The approach to sustainable space mining: issues, challenges, and solutions,” Fengna Xu 2020 IOP Conf. Ser.: Mater. Sci. Eng. 738 012014 3.1. Conflicts between multiple States Space resources, as res communis 3, can be appropriated to some extent on the basis of freedom of exploration and use of the outer space AND States may also protect them by placing weapons of mass destruction in outer space if necessary 4. As a result, priority rights should not be absolute but subjected to some arrangements. 7 That goes nuclear – the domain is fragile and offense dominant, so even small incidents escalate Laura Grego 18, Senior Scientist in the Global Security Program at the Union of Concerned Scientists, Postdoctoral Researcher at the Harvard-Smithsonian Center for Astrophysics, PhD in Experimental Physics at the California Institute of Technology, Space and Crisis Stability, Union of Concerned Scientists, 3-19-18, https://www.law.upenn.edu/live/files/7804-grego-space-and-crisis-stabilitypdf Why space is a particular problem for crisis stability For a number of reasons, space poses AND Exacerbating this is the asymmetry in space investments; not all actors will assign the same value to a given target or same escalatory nature to different weapons. Multilateralism---1AC
Private appropriation by US entities risks unraveling multilateral space governance. Mike Wall 20, Senior Space Writer, “US policy could thwart sustainable space development, researchers say,” Space, 10-8-2020, https://www.space.com/us-space-policy-mining-artemis-accords The United States' space policy threatens the safe and sustainable development of the final frontier, two researchers argue. AND For example, the International Space Station has had to maneuver itself away from potential impacts three times so far in 2020 alone. Pursuing mining multilaterally to the benefit of all is key to solve future space governance and cooperation on other issues. Jack M. Beard 17, Assistant Professor of Law at the University of Nebraska College of Law, Space, Cyber and Telecommunications Law Program, LLM from Georgetown University, JD from the University of Michigan School of Law, and Former Associate Deputy General Counsel (International Affairs) at the Department of Defense, Former Lieutenant Colonel in the Judge Advocate General's Corps in the U.S. Army Reserve, “Soft Law's Failure on the Horizon: The International Code of Conduct for Outer Space Activities”, University of Pennsylvania Journal of International Law, Spring 2017, 38 U. Pa. J. Int'l L. 335, Lexis Russia and China thus continue to lie beyond the reach of the Code, defeating efforts by proponents to make the Code a widely subscribed and broadly accepted instrument and greatly diminishing its purported "norm-setting" capabilities. AND Attempts to later successfully persuade non-participating states to accede to the Code will be challenging, if not impossible, and could risk further weakening rather than improving the Code. 242
Cooperative space governance solves existential threats Dr. Joseph N. Pelton 17, PhD in International Relations from Georgetown University, Director Emeritus of the Space and Advanced Communications Research Institute at George Washington University, The New Gold Rush: The Riches of Space Beckon!, p. 1-9 Are We Humans Doomed to Extinction? What will we do when Earth’s resources are used up by humanity? The world is now hugely over populated, with billions AND e is poor and insecure. In short, global space security and strategic space defense, mediated by global space agreements, are part of this new pathway to the future. It also says terrorism which alone goes nuclear Elizabeth Borgwardt 16, History Professor at Washington University and Author of The Nuremberg Idea, forthcoming from Knopf, 9/11: What Would Trump Do?, Politico, March 2016, https://www.politico.com/magazine/story/2016/03/donald-trump-2016-terrorist-attack-foreign-policy-213784 Donald Trump’s March 21 interview with the Washington Post editorial board should make every potential voter’s blood run cold. AND Bruce Cumings, the leading U.S. historian of Korea, has commented on the MacArthur incident in an analysis from back in 2004. Cumings noted that “MacArthur sounds like a warmongering lunatic” for advocating the use of nuclear weapons, but also explained that, astonishing as it might seem, the general actually had some support for his outlandish proposal. Resource shortages also cause war Frosty Woolridge 9, Former Officer at the US Army Medical Service Corps, “America Galloping Toward Its Greatest Crisis in the 21st Century”, The Examiner, 5-22, http://www.examiner.com/examiner/x-3515-Denver-Political-Issues-Examiner~y2009m5d22-America-galloping-toward-its-greatest-crisis-in-the-21st-century “It is clear that most politicians and most citizens do not recognize that returning to “more of the same” is a recipe for promoting the first collapse of a global civilization AND The consequences of more resource wars, many likely triggered over water supplies stressed by climate disruption, are likely to include increased unrest in poor nations, a proliferation of weapons of mass destruction, widening inequity within and between nations, and in the worst (and not unlikely) case, a nuclear war ending civilization. Space governance forges a framework to deal with multiple existential threats---U.S. lead is key Dr. Nancy Gallagher 13. Ph.D., Associate Director for Research at the Center for International and Security Studies and Senior Research Scholar at the University of Maryland’s School of Public Policy. 02/11/2013. “International Cooperation and Space Governance Strategy.” Space Strategy in the 21st Century: Theory and Policy, Routledge. The United States’ space community has long understood the importance of having an inspirational vision to mobilize and sustain the high levels of public support and private investment needed for major space accomplishments. AND . Thus, there are both practical and symbolic reasons to choose space cooperation as a leading opportunity to provide mutual reassurance and to build effective global governance institutions.
Extinction’s inevitable without multilateral space governance Duncan Blake 17 and Steven Freeland. Blake, PhD Candidate, Law and Military Uses of Outer Space, University of Adelaide; Steven Freeland, Dean, School of Law and Professor of International Law, Western Sydney University. 7-17-2017. "As the World Embraces Space, the 50-Year-Old Outer Space Treaty Needs Adaptation." Space. https://www.space.com/37500-outer-space-treaty-needs-adaptation.html It is future generations who have the strongest claim to preserve and even improve the benefits from the peaceful exploration and use of outer space over the coming decades. They have at least a moral – and, arguably, legal – mandate to insist that states seriously consider supplementing the
But how do you regulate "space weapons" without undermining "the great prospects opening up before mankind as a result of man's entry into outer space" (the opening words of the OST)?
Plan: Space faring nations should establish a multilateral Space Resource Fund that restricts private asteroid mining. Creating a legal regime so everyone benefits from mining creates sustainable mining while avoiding conflict. Morgan Saletta 16, PhD, History and Philosophy of Science, The University of Melbourne, “All of humanity should share in the space mining boom,” Conversation, 4-17-2016, https://theconversation.com/all-of-humanity-should-share-in-the-space-mining-boom-57740 One solitary asteroid might be worth trillions of dollars in platinum and other metals. Exploiting these resources could lead to a global boom in wealth, which could raise living standards worldwide and potentially benefit all of humanity. There are already companies, such as Planetary Resources, hoping to make mining in space a reality. Peter Diamondis, co-founder of Planetary Resources and founder of the XPrize Grand Challenges, believes that the benefits to humanity give us a moral imperative to explore and utilise space. He has also declared “there are twenty-trillion-dollar checks up there, waiting to be cashed!” AND By paying rent for the right to exploit resources in space and royalties on production, the same way oil companies pay to exploit oil in the Gulf of Mexico, they’ll be engaging in business as usual. They will have bought the right to make a potentially enormous profit and prove they really are responsible global citizens. And they’d get a citizen’s dividend cheque too.
1/15/22
JF Asteroid Mining Aff V2
Tournament: Harvard Westlake | Round: 5 | Opponent: Immaculate Heart BC | Judge: Gong, Andrew Private entities are increasing mining now – US is key Robert Garcia 18, currently an LLM Candidate in Cornell Law School's Law, Entrepreneurship and Technology program at Cornell Tech in NYC., “Regulating International Space Mining, an Enormous Industry,” Pacific Council on International Policy, 10-23-2018, https://www.pacificcouncil.org/newsroom/regulating-international-space-mining-enormous-industry In 2015, the United States passed the U.S. Commercial Space Launch Competitiveness Act AND . As the technologies advance, we are inexorably headed toward space mining becoming a reality. Whether it will lead to increased resources, providing a net benefit for all people on earth, or serve to increase economic inequality by disproportionately favoring the spacefaring nations remains to be seen.
It causes dangerous space mining and deregulation globally – multilateralism solves. Edd Gent 20, freelance science and technology writer, “Space Mining Should Be a Global Project—But It's Not Starting Off That Way,” Singularity Hub, 10-12-2020, https://singularityhub.com/2020/10/12/the-us-is-trying-to-hijack-space-mining-and-there-could-be-disastrous-consequences/ Exploiting the resources of outer space might be key to the future expansion of the human species. But researchers argue that the US is trying to skew the game in its favor, with potentially disastrous consequences AND For better or worse, it seems that US dominance in space exploration means it’s in the driver’s seat when it comes to setting the rules. As they say, to the victor go the spoils. Dangerous mining greatly increases the risk of space debris. Sarah Scoles 15, “Dust from asteroid mining spells danger for satellites,” New Scientist, 5-27-2015, https://www.newscientist.com/article/mg22630235-100-dust-from-asteroid-mining-spells-danger-for-satellites/ NASA chose the second option for its Asteroid Redirect Mission, which aims to pluck a boulder from an asteroid’s surface and relocate it to a stable orbit around the moon. AND A few basic precautions will prevent harm due to stray asteroid material.” Clustering makes the risk of collisions uniquely high and the risk is understated Dr. Darren McKnight 17, Ph.D., Technical Director for Integrity Applications, Previously Senior Vice President and Director of Science and Technology Strategy at Science Applications International Corporation, “Proposed Series of Orbital Debris Remediation Activities,” 3rd International Conference and Exhibition on Satellite and Space Missions, 5/13/2017, https://iaaweb.org/iaa/Scientific20Activity/debrisminutes03166.pdf graphics omitted In the future, this population will be added to primarily from collisions between large objects in orbit as the number of LNT produced is proportional to the mass involved in a collision (or explosion). AND . I am currently executing a subset of this proposed activity in an ad hoc fashion in conjunction with JSpOC. I have been monitoring the interaction dynamics between the SL-16 population in the 820- 865km altitude region for the last nine months. Debris cascades cause global nuke war Les Johnson 13, Deputy Manager for NASA's Advanced Concepts Office at the Marshall Space Flight Center, Co-Investigator for the JAXA T-Rex Space Tether Experiment and PI of NASA's ProSEDS Experiment, Master's Degree in Physics from Vanderbilt University, Popular Science Writer, and NASA Technologist, Frequent Contributor to the Journal of the British Interplanetary Sodety and Member of the American Institute of Aeronautics and Astronautics, National Space Society, the World Future Society, and MENSA, Sky Alert!: When Satellites Fail, p. 9-12 language modified Whatever the initial cause, the result may be the same. A satellite destroyed in orbit will break apart into thousands of pieces, each traveling at over 8 km/sec AND ). It allows soldiers to navigate in the dark or in adverse weather or sandstorms. Without GPS, our military advantage over potential adversaries would be dramatically reduced or eliminated. Satellites are key to environmental monitoring – debris collapses it and causes climate extinciton Ben Biggs 18, PhD Researcher in Computer Vision and Deep Learning at the University of Cambridge, “How Satellites Can Protect Planet Earth From Disaster”, HowItWorks Daily, 12/22/2018, https://www.howitworksdaily.com/how-satellites-can-protect-planet-earth-from-disaster/ It might not look it, but our planet is a fragile place. A delicate balance of pressure, temperature and gases keeps us alive, as our atmosphere lets in enough heat for us to thrive – but not too much that we get too toasty. For many years our planet has looked after itself with ease. Now, with humans on the scene, things are changing more than ever, from climate change to mass deforestation. If our planet is going to survive long into the future it’s going to need our help AND While the US later infamously reneged from this agreement, it was proof that with enough level-headed minds, minds that can see the data from missions showing how the planet is changing, we can take action. Humans continue to have a major effect on the planet, for better or worse, and monitoring that change is vital to our planet’s survival. Independently, unregulated mining causes space war Fengna Xu 20, Law School, Xi’an Jiaotong University, “The approach to sustainable space mining: issues, challenges, and solutions,” Fengna Xu 2020 IOP Conf. Ser.: Mater. Sci. Eng. 738 012014 3.1. Conflicts between multiple States Space resources, as res communis 3, can be appropriated to some extent on the basis of freedom of exploration and use of the outer space AND States may also protect them by placing weapons of mass destruction in outer space if necessary 4. As a result, priority rights should not be absolute but subjected to some arrangements. 7 That goes nuclear – the domain is fragile and offense dominant, so even small incidents escalate Laura Grego 18, Senior Scientist in the Global Security Program at the Union of Concerned Scientists, Postdoctoral Researcher at the Harvard-Smithsonian Center for Astrophysics, PhD in Experimental Physics at the California Institute of Technology, Space and Crisis Stability, Union of Concerned Scientists, 3-19-18, https://www.law.upenn.edu/live/files/7804-grego-space-and-crisis-stabilitypdf Why space is a particular problem for crisis stability For a number of reasons, space poses AND Exacerbating this is the asymmetry in space investments; not all actors will assign the same value to a given target or same escalatory nature to different weapons. Multilateralism---1AC
Private appropriation by US entities risks unraveling multilateral space governance. Mike Wall 20, Senior Space Writer, “US policy could thwart sustainable space development, researchers say,” Space, 10-8-2020, https://www.space.com/us-space-policy-mining-artemis-accords The United States' space policy threatens the safe and sustainable development of the final frontier, two researchers argue. AND For example, the International Space Station has had to maneuver itself away from potential impacts three times so far in 2020 alone. Pursuing mining multilaterally to the benefit of all is key to solve future space governance and cooperation on other issues. Jack M. Beard 17, Assistant Professor of Law at the University of Nebraska College of Law, Space, Cyber and Telecommunications Law Program, LLM from Georgetown University, JD from the University of Michigan School of Law, and Former Associate Deputy General Counsel (International Affairs) at the Department of Defense, Former Lieutenant Colonel in the Judge Advocate General's Corps in the U.S. Army Reserve, “Soft Law's Failure on the Horizon: The International Code of Conduct for Outer Space Activities”, University of Pennsylvania Journal of International Law, Spring 2017, 38 U. Pa. J. Int'l L. 335, Lexis Russia and China thus continue to lie beyond the reach of the Code, defeating efforts by proponents to make the Code a widely subscribed and broadly accepted instrument and greatly diminishing its purported "norm-setting" capabilities. AND Attempts to later successfully persuade non-participating states to accede to the Code will be challenging, if not impossible, and could risk further weakening rather than improving the Code. 242
Cooperative space governance solves existential threats Dr. Joseph N. Pelton 17, PhD in International Relations from Georgetown University, Director Emeritus of the Space and Advanced Communications Research Institute at George Washington University, The New Gold Rush: The Riches of Space Beckon!, p. 1-9 Are We Humans Doomed to Extinction? What will we do when Earth’s resources are used up by humanity? The world is now hugely over populated, with billions AND e is poor and insecure. In short, global space security and strategic space defense, mediated by global space agreements, are part of this new pathway to the future. It also says terrorism which alone goes nuclear Elizabeth Borgwardt 16, History Professor at Washington University and Author of The Nuremberg Idea, forthcoming from Knopf, 9/11: What Would Trump Do?, Politico, March 2016, https://www.politico.com/magazine/story/2016/03/donald-trump-2016-terrorist-attack-foreign-policy-213784 Donald Trump’s March 21 interview with the Washington Post editorial board should make every potential voter’s blood run cold. AND Bruce Cumings, the leading U.S. historian of Korea, has commented on the MacArthur incident in an analysis from back in 2004. Cumings noted that “MacArthur sounds like a warmongering lunatic” for advocating the use of nuclear weapons, but also explained that, astonishing as it might seem, the general actually had some support for his outlandish proposal. Resource shortages also cause war Frosty Woolridge 9, Former Officer at the US Army Medical Service Corps, “America Galloping Toward Its Greatest Crisis in the 21st Century”, The Examiner, 5-22, http://www.examiner.com/examiner/x-3515-Denver-Political-Issues-Examiner~y2009m5d22-America-galloping-toward-its-greatest-crisis-in-the-21st-century “It is clear that most politicians and most citizens do not recognize that returning to “more of the same” is a recipe for promoting the first collapse of a global civilization AND The consequences of more resource wars, many likely triggered over water supplies stressed by climate disruption, are likely to include increased unrest in poor nations, a proliferation of weapons of mass destruction, widening inequity within and between nations, and in the worst (and not unlikely) case, a nuclear war ending civilization. Space governance forges a framework to deal with multiple existential threats---U.S. lead is key Dr. Nancy Gallagher 13. Ph.D., Associate Director for Research at the Center for International and Security Studies and Senior Research Scholar at the University of Maryland’s School of Public Policy. 02/11/2013. “International Cooperation and Space Governance Strategy.” Space Strategy in the 21st Century: Theory and Policy, Routledge. The United States’ space community has long understood the importance of having an inspirational vision to mobilize and sustain the high levels of public support and private investment needed for major space accomplishments. AND . Thus, there are both practical and symbolic reasons to choose space cooperation as a leading opportunity to provide mutual reassurance and to build effective global governance institutions.
Extinction’s inevitable without multilateral space governance Duncan Blake 17 and Steven Freeland. Blake, PhD Candidate, Law and Military Uses of Outer Space, University of Adelaide; Steven Freeland, Dean, School of Law and Professor of International Law, Western Sydney University. 7-17-2017. "As the World Embraces Space, the 50-Year-Old Outer Space Treaty Needs Adaptation." Space. https://www.space.com/37500-outer-space-treaty-needs-adaptation.html It is future generations who have the strongest claim to preserve and even improve the benefits from the peaceful exploration and use of outer space over the coming decades. They have at least a moral – and, arguably, legal – mandate to insist that states seriously consider supplementing the
But how do you regulate "space weapons" without undermining "the great prospects opening up before mankind as a result of man's entry into outer space" (the opening words of the OST)?
Plan: Space faring states should establish a multilateral Space Resource Fund that restricts private asteroid mining. Creating a legal regime so everyone benefits from mining creates sustainable mining while avoiding conflict. Morgan Saletta 16, PhD, History and Philosophy of Science, The University of Melbourne, “All of humanity should share in the space mining boom,” Conversation, 4-17-2016, https://theconversation.com/all-of-humanity-should-share-in-the-space-mining-boom-57740 One solitary asteroid might be worth trillions of dollars in platinum and other metals. Exploiting these resources could lead to a global boom in wealth, which could raise living standards worldwide and potentially benefit all of humanity. There are already companies, such as Planetary Resources, hoping to make mining in space a reality. Peter Diamondis, co-founder of Planetary Resources and founder of the XPrize Grand Challenges, believes that the benefits to humanity give us a moral imperative to explore and utilise space. He has also declared “there are twenty-trillion-dollar checks up there, waiting to be cashed!” AND By paying rent for the right to exploit resources in space and royalties on production, the same way oil companies pay to exploit oil in the Gulf of Mexico, they’ll be engaging in business as usual. They will have bought the right to make a potentially enormous profit and prove they really are responsible global citizens. And they’d get a citizen’s dividend cheque too.
1/16/22
JF Asteroid Mining Aff V3
Tournament: Golden Desert UNLV | Round: 1 | Opponent: King CP | Judge: Alvarez, Diana Private entities are increasing mining now – US is key Robert Garcia 18, currently an LLM Candidate in Cornell Law School's Law, Entrepreneurship and Technology program at Cornell Tech in NYC., “Regulating International Space Mining, an Enormous Industry,” Pacific Council on International Policy, 10-23-2018, https://www.pacificcouncil.org/newsroom/regulating-international-space-mining-enormous-industry In 2015, the United States passed the U.S. Commercial Space Launch Competitiveness Act AND . As the technologies advance, we are inexorably headed toward space mining becoming a reality. Whether it will lead to increased resources, providing a net benefit for all people on earth, or serve to increase economic inequality by disproportionately favoring the spacefaring nations remains to be seen.
It causes dangerous space mining and deregulation globally – multilateralism solves. Edd Gent 20, freelance science and technology writer, “Space Mining Should Be a Global Project—But It's Not Starting Off That Way,” Singularity Hub, 10-12-2020, https://singularityhub.com/2020/10/12/the-us-is-trying-to-hijack-space-mining-and-there-could-be-disastrous-consequences/ Exploiting the resources of outer space might be key to the future expansion of the human species. But researchers argue that the US is trying to skew the game in its favor, with potentially disastrous consequences AND For better or worse, it seems that US dominance in space exploration means it’s in the driver’s seat when it comes to setting the rules. As they say, to the victor go the spoils. Dangerous mining greatly increases the risk of space debris. Sarah Scoles 15, “Dust from asteroid mining spells danger for satellites,” New Scientist, 5-27-2015, https://www.newscientist.com/article/mg22630235-100-dust-from-asteroid-mining-spells-danger-for-satellites/ NASA chose the second option for its Asteroid Redirect Mission, which aims to pluck a boulder from an asteroid’s surface and relocate it to a stable orbit around the moon. AND A few basic precautions will prevent harm due to stray asteroid material.” Clustering makes the risk of collisions uniquely high and the risk is understated Dr. Darren McKnight 17, Ph.D., Technical Director for Integrity Applications, Previously Senior Vice President and Director of Science and Technology Strategy at Science Applications International Corporation, “Proposed Series of Orbital Debris Remediation Activities,” 3rd International Conference and Exhibition on Satellite and Space Missions, 5/13/2017, https://iaaweb.org/iaa/Scientific20Activity/debrisminutes03166.pdf graphics omitted In the future, this population will be added to primarily from collisions between large objects in orbit as the number of LNT produced is proportional to the mass involved in a collision (or explosion). AND . I am currently executing a subset of this proposed activity in an ad hoc fashion in conjunction with JSpOC. I have been monitoring the interaction dynamics between the SL-16 population in the 820- 865km altitude region for the last nine months. Debris cascades cause global nuke war Les Johnson 13, Deputy Manager for NASA's Advanced Concepts Office at the Marshall Space Flight Center, Co-Investigator for the JAXA T-Rex Space Tether Experiment and PI of NASA's ProSEDS Experiment, Master's Degree in Physics from Vanderbilt University, Popular Science Writer, and NASA Technologist, Frequent Contributor to the Journal of the British Interplanetary Sodety and Member of the American Institute of Aeronautics and Astronautics, National Space Society, the World Future Society, and MENSA, Sky Alert!: When Satellites Fail, p. 9-12 language modified Whatever the initial cause, the result may be the same. A satellite destroyed in orbit will break apart into thousands of pieces, each traveling at over 8 km/sec AND ). It allows soldiers to navigate in the dark or in adverse weather or sandstorms. Without GPS, our military advantage over potential adversaries would be dramatically reduced or eliminated. Satellites are key to environmental monitoring – debris collapses it and causes climate extinciton Ben Biggs 18, PhD Researcher in Computer Vision and Deep Learning at the University of Cambridge, “How Satellites Can Protect Planet Earth From Disaster”, HowItWorks Daily, 12/22/2018, https://www.howitworksdaily.com/how-satellites-can-protect-planet-earth-from-disaster/ It might not look it, but our planet is a fragile place. A delicate balance of pressure, temperature and gases keeps us alive, as our atmosphere lets in enough heat for us to thrive – but not too much that we get too toasty. For many years our planet has looked after itself with ease. Now, with humans on the scene, things are changing more than ever, from climate change to mass deforestation. If our planet is going to survive long into the future it’s going to need our help AND While the US later infamously reneged from this agreement, it was proof that with enough level-headed minds, minds that can see the data from missions showing how the planet is changing, we can take action. Humans continue to have a major effect on the planet, for better or worse, and monitoring that change is vital to our planet’s survival. Independently, unregulated mining causes space war Fengna Xu 20, Law School, Xi’an Jiaotong University, “The approach to sustainable space mining: issues, challenges, and solutions,” Fengna Xu 2020 IOP Conf. Ser.: Mater. Sci. Eng. 738 012014 3.1. Conflicts between multiple States Space resources, as res communis 3, can be appropriated to some extent on the basis of freedom of exploration and use of the outer space AND States may also protect them by placing weapons of mass destruction in outer space if necessary 4. As a result, priority rights should not be absolute but subjected to some arrangements. 7 That goes nuclear – the domain is fragile and offense dominant, so even small incidents escalate Laura Grego 18, Senior Scientist in the Global Security Program at the Union of Concerned Scientists, Postdoctoral Researcher at the Harvard-Smithsonian Center for Astrophysics, PhD in Experimental Physics at the California Institute of Technology, Space and Crisis Stability, Union of Concerned Scientists, 3-19-18, https://www.law.upenn.edu/live/files/7804-grego-space-and-crisis-stabilitypdf Why space is a particular problem for crisis stability For a number of reasons, space poses AND Exacerbating this is the asymmetry in space investments; not all actors will assign the same value to a given target or same escalatory nature to different weapons. Multilateralism---1AC
Private appropriation by US entities risks unraveling multilateral space governance. Mike Wall 20, Senior Space Writer, “US policy could thwart sustainable space development, researchers say,” Space, 10-8-2020, https://www.space.com/us-space-policy-mining-artemis-accords The United States' space policy threatens the safe and sustainable development of the final frontier, two researchers argue. AND For example, the International Space Station has had to maneuver itself away from potential impacts three times so far in 2020 alone. Pursuing mining multilaterally to the benefit of all is key to solve future space governance and cooperation on other issues. Jack M. Beard 17, Assistant Professor of Law at the University of Nebraska College of Law, Space, Cyber and Telecommunications Law Program, LLM from Georgetown University, JD from the University of Michigan School of Law, and Former Associate Deputy General Counsel (International Affairs) at the Department of Defense, Former Lieutenant Colonel in the Judge Advocate General's Corps in the U.S. Army Reserve, “Soft Law's Failure on the Horizon: The International Code of Conduct for Outer Space Activities”, University of Pennsylvania Journal of International Law, Spring 2017, 38 U. Pa. J. Int'l L. 335, Lexis Russia and China thus continue to lie beyond the reach of the Code, defeating efforts by proponents to make the Code a widely subscribed and broadly accepted instrument and greatly diminishing its purported "norm-setting" capabilities. AND Attempts to later successfully persuade non-participating states to accede to the Code will be challenging, if not impossible, and could risk further weakening rather than improving the Code. 242
Cooperative space governance solves existential threats Dr. Joseph N. Pelton 17, PhD in International Relations from Georgetown University, Director Emeritus of the Space and Advanced Communications Research Institute at George Washington University, The New Gold Rush: The Riches of Space Beckon!, p. 1-9 Are We Humans Doomed to Extinction? What will we do when Earth’s resources are used up by humanity? The world is now hugely over populated, with billions AND e is poor and insecure. In short, global space security and strategic space defense, mediated by global space agreements, are part of this new pathway to the future. It also says terrorism which alone goes nuclear Elizabeth Borgwardt 16, History Professor at Washington University and Author of The Nuremberg Idea, forthcoming from Knopf, 9/11: What Would Trump Do?, Politico, March 2016, https://www.politico.com/magazine/story/2016/03/donald-trump-2016-terrorist-attack-foreign-policy-213784 Donald Trump’s March 21 interview with the Washington Post editorial board should make every potential voter’s blood run cold. AND Bruce Cumings, the leading U.S. historian of Korea, has commented on the MacArthur incident in an analysis from back in 2004. Cumings noted that “MacArthur sounds like a warmongering lunatic” for advocating the use of nuclear weapons, but also explained that, astonishing as it might seem, the general actually had some support for his outlandish proposal. Resource shortages also cause war Frosty Woolridge 9, Former Officer at the US Army Medical Service Corps, “America Galloping Toward Its Greatest Crisis in the 21st Century”, The Examiner, 5-22, http://www.examiner.com/examiner/x-3515-Denver-Political-Issues-Examiner~y2009m5d22-America-galloping-toward-its-greatest-crisis-in-the-21st-century “It is clear that most politicians and most citizens do not recognize that returning to “more of the same” is a recipe for promoting the first collapse of a global civilization AND The consequences of more resource wars, many likely triggered over water supplies stressed by climate disruption, are likely to include increased unrest in poor nations, a proliferation of weapons of mass destruction, widening inequity within and between nations, and in the worst (and not unlikely) case, a nuclear war ending civilization. Space governance forges a framework to deal with multiple existential threats---U.S. lead is key Dr. Nancy Gallagher 13. Ph.D., Associate Director for Research at the Center for International and Security Studies and Senior Research Scholar at the University of Maryland’s School of Public Policy. 02/11/2013. “International Cooperation and Space Governance Strategy.” Space Strategy in the 21st Century: Theory and Policy, Routledge. The United States’ space community has long understood the importance of having an inspirational vision to mobilize and sustain the high levels of public support and private investment needed for major space accomplishments. AND . Thus, there are both practical and symbolic reasons to choose space cooperation as a leading opportunity to provide mutual reassurance and to build effective global governance institutions.
Extinction’s inevitable without multilateral space governance Duncan Blake 17 and Steven Freeland. Blake, PhD Candidate, Law and Military Uses of Outer Space, University of Adelaide; Steven Freeland, Dean, School of Law and Professor of International Law, Western Sydney University. 7-17-2017. "As the World Embraces Space, the 50-Year-Old Outer Space Treaty Needs Adaptation." Space. https://www.space.com/37500-outer-space-treaty-needs-adaptation.html It is future generations who have the strongest claim to preserve and even improve the benefits from the peaceful exploration and use of outer space over the coming decades. They have at least a moral – and, arguably, legal – mandate to insist that states seriously consider supplementing the
But how do you regulate "space weapons" without undermining "the great prospects opening up before mankind as a result of man's entry into outer space" (the opening words of the OST)?
Plan: Space faring states should establish a multilateral agreement that restricts asteroid mining done by private entities Creating a legal regime so everyone benefits from mining creates sustainable mining while avoiding conflict. Morgan Saletta 16, PhD, History and Philosophy of Science, The University of Melbourne, “All of humanity should share in the space mining boom,” Conversation, 4-17-2016, https://theconversation.com/all-of-humanity-should-share-in-the-space-mining-boom-57740 One solitary asteroid might be worth trillions of dollars in platinum and other metals. Exploiting these resources could lead to a global boom in wealth, which could raise living standards worldwide and potentially benefit all of humanity. There are already companies, such as Planetary Resources, hoping to make mining in space a reality. Peter Diamondis, co-founder of Planetary Resources and founder of the XPrize Grand Challenges, believes that the benefits to humanity give us a moral imperative to explore and utilise space. He has also declared “there are twenty-trillion-dollar checks up there, waiting to be cashed!” AND By paying rent for the right to exploit resources in space and royalties on production, the same way oil companies pay to exploit oil in the Gulf of Mexico, they’ll be engaging in business as usual. They will have bought the right to make a potentially enormous profit and prove they really are responsible global citizens. And they’d get a citizen’s dividend cheque too.
2/5/22
SeptOct Covid Aff
Tournament: St Marks | Round: 1 | Opponent: Bishops SR | Judge: Baez, Kristiana
Plan: The member nations of the World Trade Organization ought to reduce intellectual property protections for emergency use listing medicines during public health emergencies of international concern.
The intellectual property system is fundamentally mismatched with emergency pandemic conditions – creating a broad precedent that weakens restrictions lays the groundwork for future pandemics that are inevitable. Ensuring we are ready for next time is vital
Lindsey 21 ~Brink Lindsey has written on a wide range of topics including trade policy, globalization, American social and cultural history, and the nature of human capital. His current research focuses on economic growth and the policy barriers that impede it. "Why intellectual property and pandemics don't mix." https://www.brookings.edu/blog/up-front/2021/06/03/why-intellectual-property-and-pandemics-dont-mix/~~ Although focusing on these immediate constraints is vital, we cannot confine our attention to AND employ other, more direct means to incentivize the development of new drugs.
There is a proposal now to expand access for COVID vaccines – but tons of WTO member states will vote against it because of pressure from the pharmaceutical industry
Loftus and Hopkins 21 ~Peter Loftus writes about the pharmaceutical industry and healthcare from Dow Jones' Philadelphia bureau. His coverage areas include large drug makers such as Merck and Eli Lilly, and the latest developments in drug research. He occasionally writes about non-pharmaceutical news from the Philadelphia region. Jared S. Hopkins is a New York-based reporter for The Wall Street Journal covering the pharmaceutical industry, including companies such as Pfizer Inc. and Merck and Co. He previously was a health-care reporter at Bloomberg News and an investigative reporter at the Chicago Tribune."Covid-19 Vaccine Makers Press Countries to Oppose Patent Waiver." https://www.wsj.com/articles/covid-19-vaccine-makers-press-countries-to-oppose-patent-waiver-11622021402~~ Developing countries lacking access to the cutting-edge treatments—or unable to afford AND send doses, through an international initiative called Covax, to developing nations.
COVID highlights just how vulnerable we are to both natural pandemics and man-made biological weapons – the deciding factor in effective response is ensuring people can be vaccinated as fast as possible
Lyon 21 ~Regan F Lyon, 7-1-2021, "COVID-19 Response Has Uncovered and Increased Our Vulnerability to Biological Warfare," OUP Academic, https://academic.oup.com/milmed/article/186/7-8/193/6135020~~ The 2018 National Biodefense Strategy (NBS) articulated a collaborative plan to prevent, AND defense strategies, and offer areas for improvement to restore our bioterror security.
Reducing IP restrictions on medicine is essential for expanding access – especially in developing countries, where lack of capital and domestic industry makes the same people who are most vulnerable to diseases the least likely to have access to expensive brand-name drugs
Baird 13 ~Sean, Boston College of Law. Magic and Hope: Relaxing Trips-Plus Provisions to Promote Access to Affordable Pharmaceuticals. Boston College Journal of Law and Social Justice, 33(1), 107-145, 2013, http://lawdigitalcommons.bc.edu/jlsj/vol33/iss1/4, accessed 7-31-21~ TRIPS-Plus provisions in U.S. FTAs impede access to pharmaceuticals for AND relaxing data exclu- sivity and compulsory licensing provisions for various drugs.207
Expansion enables domestic manufacturing and innovation that decentralizes pharma supply chains
HRW 6/3 — (Human Rights Watch, "Seven Reasons the EU is Wrong to Oppose the TRIPS Waiver", 6-3-2021, Available Online at https://www.hrw.org/news/2021/06/03/seven-reasons-eu-wrong-oppose-trips-waiver, accessed 10-5-2021, HKR-AR) The European Commission claims that intellectual property (IP) is not a barrier to AND guaranteed market even before their vaccines were proven to be safe and effective.
Building domestic productive capacity is key to future pandemic resilience after COVID
UNCTAD 20 ~The United Nations Conference on Trade and Development was established in 1964 as an intergovernmental organization intended to promote the interests of developing states in world trade. UNCTAD is the part of the United Nations Secretariat dealing with trade, investment, and development issues. "COVID-19 heightens need for pharmaceutical production in poor countries." https://unctad.org/news/covid-19-heightens-need-pharmaceutical-production-poor-countries~~ With more than 100 projects to develop a COVID-19 vaccine underway around the AND . Makhoana said. "We cannot continue to rely on external sources."
Drug access solves AMR and 15 million deaths a year
AMI 21 ~Access to Medicine Index. The 2021 Index analyses how 20 of the world's largest pharmaceutical companies are addressing access to medicine in 106 low- and middle-income countries for 82 diseases, conditions and pathogens. Find out more about the scope of the Index research. "Why access matters." https://accesstomedicinefoundation.org/access-to-medicine-index/about-the-index/why-access-matters~~#~~ Achieving universal healthcare is critical to help populations access health services they need without financial AND develop, support and implement innovative practices to reach more people in need.
Distributed manufacturing capacity is key – donations are insufficient for COVID and future pandemics because of capacity, speed, and supply
Maxmen 9/15/21 ~Amy Maxmen is an American science writer and journalist who is a senior reporter at Nature. She covers evolution, medicine, science policy and scientists. She was awarded the Victor Kohn Prize for Excellence in Medical Science Reporting for her coverage of the COVID-19 pandemic. "The fight to manufacture COVID vaccines in lower-income countries." https://www.nature.com/articles/d41586-021-02383-z~~ Vaccines against COVID-19 are not reaching many people in the global south, AND says, "We can't fix vaccine inequalities until vaccine manufacturing is distributed."
Resistance causes extinction—-microbiome collapse and superbugs.
Garrett 16. (Laurie Garrett is a Pulitzer prize-winning science journalist and writer of two bestselling books. She was awarded the Pulitzer Prize for Explanatory Journalism in 1996 for a series of works published in Newsday, chronicling the Ebola virus outbreak in Zaire. Antibiotic-Resistant Bacteria and the World's Peril. September 19, 2016. https://blogs.scientificamerican.com/guest-blog/antibiotic-resistant-bacteria-and-the-world-s-peril/) Welcome to the Anthropocene, the era in which one species—human beings— AND alarm that we consider the killing potential manmade antibiotics have for Earth's microbiome.
New diseases cause extinction – uniquely probable due to environmental changes.
Mooney 21 — (Tom Mooney, Senior Communications and Advocacy Manager for the Coalition for Epidemic Preparedness Innovations, "Preparing for the next "Disease X"", CEPI, 2-1-21, Available Online at https://cepi.net/news_cepi/preparing-for-the-next-disease-x/, accessed 9-10-21, HKR-AM) Disease X represents the knowledge that a serious international pandemic could be caused by a AND , we could credibly aim to eliminate the risk of epidemics and pandemics.
Lastly, disease structurally makes war more likely—populism, and decline in education, democracy, and inter-dependence.
Rohner 20 (Dominic Rohner is a professor of Political and Institutional Economics at HEC Lausanne, University of Lausanne and a research fellow in the Development Economics Programme at the Centre for Economic Policy Research (CEPR). August 24, 2020, accessed on 7-31-2021, Peace Economics, Peace Science and Public Policy, "COVID-19 and Conflict: Major Risks and Policy Responses", https://www.degruyter.com/document/doi/10.1515/peps-2020-0043/html) The COVID-19 pandemic entails a medium- and long-run risk of AND , and hence weaken the business ramparts against renewed domestic or international wars.
10/16/21
Trade Secrets Aff
Tournament: Long Beach Jack Howe | Round: 2 | Opponent: Yerba Buena KN | Judge: Lemuel, Joel
1AC
1AC
1
Advantage 1 is Whistleblowing
European trade secrets protections for medicine chill whistleblowing – that undermines public health and drug efficacy
HAI et al 14 — (Health Action International and a coalition of other NGOs, HAI works to expand health access in Europe, "EU trade secrets directive threat to health, environment, free speech and worker mobility", 12-17-14, Available Online at https://corporateeurope.org/sites/default/files/attachments/statement_-_eu_trade_secrets_directive_needs_amendments.pdf, accessed 9-8-21, HKR-AM) AMSTERDAM—We strongly oppose the hasty push by the European Commission and Council for AND disseminate information should be the rule, and trade secret protection the exception.
Current law places the burden of proof on whistleblowers, which reinforces legal uncertainty – empirics prove a lack of accountability for corporations.
Moody 16 — (Glyn Moody, Contributing Policy Editor at Ars Technica. He has been writing about the Internet, free software, copyright, patents and digital rights for over 20 years., "New EU trade secrets law could jail whistleblowers, block drug trial data access", Ars Technica, 4-14-16, Available Online at https://arstechnica.com/tech-policy/2016/04/new-eu-trade-secrets-law-whistleblowers-journalists-drug-trials/, accessed 8-27-21, HKR-AM) However, the Pirate Party MEP, Julia Reda, believes the new rules will AND trial, "citing French laws that protect the release of trade secrets."
This burden structure makes intimidation lawsuits inevitable, further deterring whistleblowing.
CEO 17 — (Corporate Europe Observatory, non-profit research and campaign group whose declared aim is to "expose any effects of corporate lobbying on EU policy making"., "Adapting the EU Directive on Trade Secrets 'Protection' into National Law", February 2017, Available Online at https://corporateeurope.org/sites/default/files/attachments/trade_secrets_protection_directive_-_a_transposition_briefing.pdf, accessed 9-9-21, HKR-AM) Indeed, whistleblowers denounce wrongdoing, either by using internal reporting mechanisms set up by AND in countries where legal protection for media sources is weak or even absent.
Effective protections for European medical whistleblowers are crucial to strengthening public health and prevent pandemics – COVID was the test run
Dreyfus and Galizzi 20 — (Suelette Dreyfus, PhD, Researcher at the University of Melbourne, and Bruno Galizzi, part of the Blueprint for Free Speech Spain, "Protect whistleblowers, protect everyone's health", 5-19-20, Blueprint for Free Speech, Available Online at https://www.blueprintforfreespeech.net/en/news/protect-whistleblowers-protect-everyones-health, accessed 9-8-21, HKR-AM) The worldwide spread of coronavirus has highlighted the importance of whistleblowers like never before. AND operation of the institutions, in defense of our fundamental and human rights.
New diseases cause extinction – uniquely probable due to environmental changes.
Mooney 21 — (Tom Mooney, Senior Communications and Advocacy Manager for the Coalition for Epidemic Preparedness Innovations, "Preparing for the next "Disease X"", CEPI, 2-1-21, Available Online at https://cepi.net/news_cepi/preparing-for-the-next-disease-x/, accessed 9-10-21, HKR-AM) Disease X represents the knowledge that a serious international pandemic could be caused by a AND , we could credibly aim to eliminate the risk of epidemics and pandemics.
2
Advantage 2 is Uniformity
European consistency in trade secret whistleblowing laws is key – current legal vagueness create uncertainty for whistleblowers and businesses
Junge 16 — (Fabian Junge, Law @ Maastricht University, "THE NECESSITY OF EUROPEAN HARMONIZATION IN THE AREA OF TRADE SECRETS", MAASTRICHT EUROPEAN PRIVATE LAW INSTITUTE WORKING PAPER No. 2016/04, Available Online at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2839693, accessed 8-27-21, HKR-AM) Art. 5 (b) in conjunction with Recital 20 Trade Secrets Directive embodies AND of national laws and to the aims targeted by the Trade Secrets Directive.
The status quo's minimum harmonization approach is unsustainable – only the plan's universal and maximal mandate solves
Junge 16 — (Fabian Junge, Law @ Maastricht University, "THE NECESSITY OF EUROPEAN HARMONIZATION IN THE AREA OF TRADE SECRETS", MAASTRICHT EUROPEAN PRIVATE LAW INSTITUTE WORKING PAPER No. 2016/04, Available Online at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2839693, accessed 9-8-21, HKR-AM) Notwithstanding the fact that harmonization can be beneficial even when only achieving a minimum common AND the Trade Secrets Directive even more, but might have been politically unenforceable.
Independently, whistleblowing protections are key to preserving market dynamics and increasing investment.
Abazi 16 — (Vigjilenca Abazi, Assistant Professor @ Maastricht University, "Trade Secrets and Whistleblower Protection in the European Union", European Papers, Vol. 1, 2016, No 3, European Forum, Insight of 3 September 2016, pp. 1061-1072, Available Online at https://www.europeanpapers.eu/en/europeanforum/trade-secrets-and-whistleblower-protection-in-the-eu, accessed 9-9-21, HKR-AM) Whistleblowing is a compound and complex instrument bringing together elements of accountability, freedom of AND the Commission would propose a legislative act on whistleblower protection in the EU.
European economic decline causes multiple scenarios for global war
Wright 12 ~Thomas Wright, fellow with the Managing Global Order at the Brookings Institution. What if Europe Fails? 2012. http://csis.org/files/publication/twq12SummerWright.pdf~~ Yet, verbal warnings from nervous leaders and economists aside, there has been remarkably AND crisis that could have been avoided had better decisions been taken earlier on.
Solvency
Plan Text: The member states of the European Union ought to reduce trade secret protections for medicines by requiring that plaintiffs prove that the acquisition, use, and disclosure of the trade secret did not pertain to revealing misconduct, wrongdoing, or illegal activity, or to protecting the general public interest.
The plan shifts the burden of proof from whistleblowers to companies.
Abazi 16 — (Vigjilenca Abazi, Assistant Professor @ Maastricht University, "Trade Secrets and Whistleblower Protection in the European Union", European Papers, Vol. 1, 2016, No 3, European Forum, Insight of 3 September 2016, pp. 1061-1072, Available Online at https://www.europeanpapers.eu/en/europeanforum/trade-secrets-and-whistleblower-protection-in-the-eu, accessed 9-9-21, HKR-AM) The most disconcerting aspect of Art. 5, let. b), is that AND legal context of (the missing) whistleblower protection in EU Member States.
That expands the whistleblowing exception to trade secret protections by restricting employer discretion, which reduces the extent of trade secret protections.
Vandekerckhove 21 — (Wim Vandekerckhove, Professor of Business Ethics @ University of Greenwich and co-Director of the Centre for Research in Employment and Work, Phd in Applied Ethics from Ghent University, "Is It Freedom? The Coming About of the EU Directive on Whistleblower Protection", Journal of Business Ethics (2021), Available Online at https://link.springer.com/article/10.1007/s10551-021-04771-x, accessed 9-10-21, HKR-AM) It is clear—albeit not explicit—that Art 5 (b) relates AND context of (the missing) whistleblower protection in EU Member States.'
Framework
the standard is maximizing expected wellbeing
1 – Extinction o/ws under any framework, even under moral uncertainty – infinite future generations
Pummer 15 — (Theron Pummer, Junior Research Fellow in Philosophy at St. Anne's College, University of Oxford, "Moral Agreement on Saving the World", Practical Ethics University of Oxford, 5-18-2015, Available Online at http://blog.practicalethics.ox.ac.uk/2015/05/moral-agreement-on-saving-the-world/, accessed 7-2-2018, HKR-AM) we do not endorse ableist language= There appears to be lot of disagreement in moral philosophy. Whether these many apparent AND be acting very wrongly." (From chapter 36 of On What Matters)
2 – Actor specificity:
~A~ Governments must aggregate since every policy benefits some and harms others, which also means side constraints freeze action. ~B~ States lack wills or intentions since policies are collective actions. ~C~ No act- omission distinction— governments must vote on bills, so inaction is an explicit act taken, and governments are responsible for the public sphere so they must aggregate. Actor-specificity comes first since different agents have different ethical standings.
3 - only it can explain degrees of wrongness- it is worse to kill thousands than to lie to a friend- either ethical theories cannot explain comparative badness, or it collapses