1ac - large sats v9 1nc - case 1ar - case 2nr - case 2ar - case
California Invitational Berkeley Debate
1
Opponent: Harker AV | Judge: Gerard Grigsby
1ac - large sats v8 1nc - t appropriation asia weather cp case 1ar - all condo 2nr - t 2ar - t
California Invitational Berkeley Debate
4
Opponent: Archbishop Mitty AP | Judge: Vishan Chaudhary
1ac - large sats v9 w ozone 1nc - t appropriation authoritarianism da starlink cp case 1ar - all pics bad 2nr - cp da case 2ar - pics bad case cp da
California Invitational Berkeley Debate
5
Opponent: Able2Shine MC | Judge: Nethmin Liyanage
1ac - large sats w collisions and ozone 1nc - setcol k case 1ar - all 2nr - case 2ar - case
California Round Robin
1
Opponent: Ayala AM | Judge: Sam Larson, Joshua StPeter
1ac - large sats v8 no grids and ozone 1nc - adv cp xi da india da comsmobiopolitics k case 1ar - all condo 2nr - k 2ar - case k
California Round Robin
3
Opponent: Southlake Carroll EP | Judge: Wesley Loofbourrow, Candis Tate
1ac - the senate 1nc - science k t must be real t cant spec appropriation adv cp case 1ar - all 2nr - k case 2ar - case k
California Round Robin
7
Opponent: Saratoga AG | Judge: Wesley Loofbourrow, Gordon Krauss
1ac - large sats v8 no grids no ozone sino india 1nc - t cant spec appropriation cyber da xi da starship da pca cp case 1ar - all condo no alt agent non resolutional fiat 2nr - pca cp case 2ar - case cp
Golden Desert Debate Tournament at UNLV
1
Opponent: Peninsula JX | Judge: Chris Castillo
1ac - large sats v9 osource 1nc - innovation da case 1ar - case da 2nr - da case 2ar - case da
Golden Desert Debate Tournament at UNLV
4
Opponent: West Des Moines Valley JL | Judge: Michelle Blanchard
1ac - lay whole res 1nc - lay tragedy of the commons nc 1ar - all 2nr - all 2ar - all
Golden Desert Debate Tournament at UNLV
6
Opponent: King AT | Judge: Jonathan Meza
1ac - large sats v8 1nc - extra t kant nc apoc reps k case 1ar - all 2nr - nc case 2ar - case nc
Golden Desert Debate Tournament at UNLV
Octas
Opponent: Harker RT | Judge: Andrew Halverson, Chris Castillo, Madeleine Conrad-Mogin
1ac - large sats v8 1nc - t appropriation adv cp space col da case 1ar - all rvi condo bad 2nr - space col da adv cp 2ar - case cp da
Greenhill Fall Classic
2
Opponent: Westwood ST | Judge: Nick Fleming
1ac - euphoric trips v7 1nc - must fiat immediate action t medicine infrastructure ptx da case 1ar - all 2nr - must fiat immediate action case 2ar - case must fiat immediate action
Greenhill Fall Classic
3
Opponent: Harrison AA | Judge: Varad Agarwala
1ac - euphoric trips v7 1nc - t reduce t medicine environmentalism da infra ptx da case 1ar - all 2nr - environment da case 2ar - infra ptx da enviroment da
Greenhill Fall Classic
6
Opponent: Lexington BF | Judge: Sam Anderson
1ac - euphoric trips v8 1nc - must spec enforcement t t medicine t reduce infrastructure ptx da wto legitimacy da case 1ar - all 2nr - must spec enforcement 2ar - must spec enforcement
Greenhill Fall Classic
Doubles
Opponent: Lexington AK | Judge: Gordon Krauss, Serena Lu, Ishan Rereddy
1ac - jordan 1nc - new affs bad t medicine cant spec states kant case 1ar - new affs bad t medicine cant spec states kant 2nr - t medicine kant 2ar - kant t medicine
1ac - large constellations v14 1nc - must defend a government action t appropriation asia disaster pic buddhism k case 1ar - all pics bad condo bad 2nr - asia disaster pic case 2ar - case pic
Loyola Invitational
2
Opponent: Dulles TY | Judge: Pheonix Pittman
1ac - euphoric trips v2 1nc - truth testing kant cant spec medicine reduce isn't future case 1ar - all 2nr - kant case 2ar - case kant
Loyola Invitational
1
Opponent: LNU PD | Judge: Nathan Russell
1ac - euphoric trips v1 1nc - democratic plurilateral agreement pic 1ar - all 2nr - pic case 1ar - case pic
1ac - euphoric trips v3 1nc - t medicine cap k opioids adv cp consult who 1ar - all condo 2nr - t 2ar - t
Loyola Invitational
Octas
Opponent: Orange Lutheran AZ | Judge: Nathan Russell, David Dosch, Lena Mizrahi
1ac - euphoric trips v4 1nc - t cant spec medicines t reduce t medicine us pic infrastructure da us bank adv cp monism nc cap k case 1ar - all condo 2nr - infrastructure da adv cp case 2ar - condo all
Loyola Invitational
Octas
Opponent: Orange Lutheran AZ | Judge: Nathan Russell, David Dosch, Lena Mizrahi
1ac - euphoric trips v4 1nc - t cant spec medicines t reduce t medicine us pic infrastructure da us bank adv cp monism nc cap k case 1ar - all condo 2nr - infrastructure da adv cp case 2ar - condo all
Loyola Invitational
Quarters
Opponent: San Mateo YR | Judge: Tom, Neville Pittman, Phoenix Dosch, David
1ac - euphoric trips v5 1nc - t reduce t medicine t vagueness innovation da infrastructure da case 1ar - all 2nr - infrastructure da case 2ar - case da
Loyola Invitational
Semis
Opponent: Diamond Bar NC | Judge: David Dosch, Danielle Dosch, Gordon Krauss
1ac - euphoric trips v6 1nc - t reduce t medicines infrastructure case 1ar - all 2nr - t reduce 2ar - t
Mid America Cup
1
Opponent: Scarsdale DH | Judge: Aryan Jasani
1ac - biopiracy v3 1nc - weheliye k case 1ar - case k 2nr - k case 2ar - case k
Mid America Cup
5
Opponent: Sidwell SW | Judge: Chris Castillo
1ac - jordan 1nc - informatics k case 1ar - all condo 2nr - k case 2ar - condo
Mid America Cup
4
Opponent: Strake Jesuit VC | Judge: Breigh Plat
1ac - biopiracy v4 1nc - t cant spec medicine kant nc case 1ar - t kant must read cp must read condo must spec advocacy afc 2nr - t 2ar - t
1ac - biopiracy v2 1nc - t cant spec medicine science diplomats discussion cp innovation da case 1ar - all condo private actor fiat bad fiating compliance bad 2nr - cp case 2ar - case cp
1ac - biopiracy v2 1nc - enforcement spec innovation da framing case 1ar - all indp voter on t 2nr - innovation da case 2ar - case da
Mid America Cup RR
1
Opponent: Murphy Independent AW | Judge: Jayanne Forrest, Eric He
1ac - jordan 1nc - t medicine t must defend all wto states reps k case 1ar - all condo 2nr - reps k case 2ar - case k
Nano Nagle Classic
2
Opponent: Harker MK | Judge: Amy Nyberg
1ac - jordan v2 1nc - cap k case 1ar - all 2nr - k case 2ar - case k
Nano Nagle Classic
6
Opponent: Saratoga AG | Judge: Vishan Chaudhary
1ac - jordan 1nc - t ip t cant spec member nations cap k innovation adv cp case 1ar - all condo 2nr - t cant spec member nations 2ar - t
Nano Nagle Classic
3
Opponent: Marlborough AK | Judge: Emmiee Malyugina
1ac - jordan 1nc - innovation t plural adv cp case 1ar - all condo alt agent bad 2nr - cp innovation case 2ar - case cp da
Nano Nagle RR
4
Opponent: Sage MP | Judge: David Dosch
1ac - jordan v3 1nc - anti realism nc case 1ar - case nc 2nr - nc 2ar - nc
Nano Nagle RR
Semis
Opponent: Harker AR | Judge: David Dosch, Felicity Park, Margaret Strong
1ac - jordan v3 1nc - t plural t ip case 1ar - all 2nr - case 2ar - case
Nano Nagle RR
1
Opponent: Immaculate Heart BC | Judge: Nick Fleming
1ac - jordan v3 1nc - t wto t cant spec ip cap k case 1ar - all condo 2nr - t wto 2ar - t
National Debate Coaches Association National Championships
2
Opponent: Harker PG | Judge: Gerard Grigsby
1ar - large sats v15 1nc - extraeffects t t cant spec appropriation t outer space military communication da 6g da case 1ar - all 2nr - t cant spec appropriation 2ar - t cant spec appropriation
National Debate Coaches Association National Championships
4
Opponent: Strake Jesuit NW | Judge: Gordon Krauss
1ac - large sats w collisions 1nc - t body ptx kant case 1ar - all 2nr - t body ptx 2ar - t
National Debate Coaches Association National Championships
5
Opponent: Strake Jesuit JS | Judge: Ari Davidson
1ac - megaconstellations w collisions and ozone 1nc - psycho k t must be a policy asia weather pic case 1ar - all 2nr - k 2ar - case k
National Debate Coaches Association National Championships
1ac - large sats v15 1nc - orbital fees cp must spec number of sats t outer space cyberattacks da sbsp pic case 1ar - all condo 2nr - sbsp pic case 2ar - case pic
Palm Classic
2
Opponent: Immaculate Heart MF | Judge: Ben Erdmann
1ac - large sats (ozone astronomy collisions) 1nc - taiwan da democracy da case 1ar - all 2nr - democracy da case 2ar - case da
Palm Classic
4
Opponent: Harker AA | Judge: Lena Mizrahi
1ac - large sats v12 1nc - t appropriation internet da space col da case 1ar - all 2nr - t 2ar - t
Palm Classic
6
Opponent: Harker RM | Judge: Felicity Park
1ac - large sats v12 1nc - t appropriation t cant spec appropriation adv cp internet da case 1ar - all condo utopian fiat 2nr - cp da 2ar - case cp da
Palm Classic
Doubles
Opponent: BASIS Independent Silicon Valley Independent SK | Judge: Annabelle Long, Spencer Paul, Jonathan Meza
1ac - large sats v9 no grids 1nc - precision ag t appropration adv cp case 1ar - all condo 2nr - rvi on condo cp case 2ar - case cp
Palm Classic
Octas
Opponent: Honor VD | Judge: Jonathan Meza, Courtney Coffman, Dhruv Ahuja
1ac - large sats v9 no grid 1nc - setcol k must say the aff at the flip case 1ar - all 2nr - k case 2ar - case k
Peninsula Invitational
1
Opponent: Proof DR | Judge: Ben Cortez
1ac - large sats v3 1nc - precision ag da military tech da cyber security da adv cp case 1ar - all condo 2nr - cp cyber security da 1ar - case cp da
Peninsula Invitational
3
Opponent: Harvard-Westlake JK | Judge: Yoyo Lei
1ac - large sats v3 1nc - heg da asats adv cp ozone adv cp casae 1ar - all 2nr - caseda 2ar - caseda
Peninsula Invitational
6
Opponent: Catonsville AT | Judge: Lawrence Zhou
1ac - large sats v5 1nc - asats cp appropriation cp burdens nc case 1ar - all condo 2nr - asats cp 2ar - case cp
Peninsula Invitational
Semis
Opponent: Southlake Carroll PK | Judge: Madeleine Conrad-Mogin, Truman Le, Gordon Krauss
1ac - large sats v6 wo astronomy w ozone 1nc - adv cp t appropriaton precision ag da case 1ar - all utopian fiat bad unified sa condo bad alt non reoslutional agent fiat 2nr - cp da 2ar - case cp da
Peninsula Invitational
Octas
Opponent: Orange Lutheran AZ | Judge: Nathan Russell, Madeleine Conrad-Mogin, Annabelle Long
1ac - large sats v7 1nc - t outer space t appropriation disclose new advs must defend a policy action consult nato cp broadband da xi da case 1ar - all condo bad pics bad 2nr - xi da case 2ar - broadband da case xi da
Peninsula Invitational
Doubles
Opponent: Stockdale RP | Judge: Ben Cortez, Gordon Krauss, Saketh Kotapati
1ac - large sats v6 1nc - t outer space t cant spec appropriation us adv cp precision ag da case 1ar - all condo 2nr - rvi on condo case 2ar - case
Tournament of Champions
2
Opponent: Harker MK | Judge: Victor Chen
1ac - megaconstellations (ozone debris astronomy) 1nc - 6g da adv cp asia disaster pic case 1ar - all condo bad pics bad 2nr - adv cp 6g da case 2ar - pics bad case cp da
Tournament of Champions
3
Opponent: Scripps Ranch AS | Judge: Animesh Joshi
1ac - large satellites with collisions 1nc - deleuze nc simulacra k util k t must defend general principle t must spec private entities case 1ar - all must not violate own interps dispo bad 2nr - util k nc 2ar - case k nc
Tournament of Champions
5
Opponent: Monta Vista KR | Judge: Indu Pandey
1ac - constellations w astronomy collision ozone 1nc - t appropriation starship da security k cyber da case 1ar - all condo 2nr - k 2ar - case k
debateLA Challenge
1
Opponent: Westwood PM | Judge: Alexandra Mork, Claudia Ribera
1ac - large sats 1nc - trophicality aspec new affs security k env process cp case 1ar - all condo 2nr - aspec new affs case 2ar - condo aspec new affs
debateLA Challenge
4
Opponent: Ayala AM | Judge: Chris Theis, Rodrigo Paramo
1ac - large sats v2 1nc - adv cp warming da blast shielding dust bomb cp case 1ar - all condo 2nr - case 2ar - condo
1ac - large sats v3 1nc - t appropriation pla da taiwan da hotlines cp 1ar - all condo 2nr - pla case 2ar - case pla
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Cites
Entry
Date
0 - Contact Info
Tournament: x | Round: 1 | Opponent: x | Judge: x Hi! I'm Aly (they/them or she/her) -- email me (alyssa@vbm.com) or message me on Facebook (friend request first) for disclosure or if you have any questions about what I will read or have read.
4/26/22
0 - Navigation
Tournament: x | Round: 1 | Opponent: x | Judge: x 0 - Top Level 1 - Theory Generics 2 - K Generics 3 - Misc Generics ie Util FW SO - September/October ND - November/December JF - January/February
4/26/22
1- Must Disclose Open Source
Tournament: Golden Desert Debate Tournament at UNLV | Round: 1 | Opponent: Peninsula JX | Judge: Chris Castillo
Underview
Interpretation: Debaters must disclose all constructive positions on open source with highlighting on the 2021-22 NDCA LD wiki after the round in which they read them and before the next round they debate.
Violation – they don’t and didn’t send when I asked
1~ Debate resource inequities—you’ll say people will steal cards, but that’s good—it’s the only way to truly level the playing field for students such as novices in under-privileged programs who can’t bypass paywalled articles.
2~ Evidence ethics – open source is the only way to verify pre-round that cards aren’t miscut or highlighted or bracketed unethically. That’s a voter – maintaining ethical ev practices is key to being good academics and we should be able to verify you didn’t cheat
3~ Depth of clash – it allows debaters to have nuanced researched objections to their opponents evidence before the round at a much faster rate, which leads to higher quality ev comparison – outweighs cause thinking on your feet is NUQ but the best quality responses come from full access to a case.
DTD on AC theory – no arg, ci bc enough time, no RVIs – spend 7 min and moot 5:30 of ac offense
I affirm: The appropriation of outer space by private entities via Large Satellite Constellations in Lower Earth Orbit is unjust.
Takaya et al 18 "The Principle of Non-Appropriation and the Exclusive Uses of LEO by Large Satellite Constellations" Yuri Takaya-Umehara ~Visiting researcher at the University of Tokyo since April 2017. She was affiliated to the Kobe University to provide a course on space law to ut-graduate students (2011-2017). She chairs a working group on the formulation of global norms in space law organized by the Keio University since 2018. She obtained her Ph.D. degree at the IDEST of Paris XI University in France, LL.M. at the Leiden University in the Netherlands.~ Quentin Verspieren ~Ph.D. in public policy @ The University of Tokyo, Assistant Professor of Space Policy @UTokyo, General Manager, Global Strategy @ArkEdge Space Inc., Associate Research Fellow @ESPI~ Goutham Karthikeyan ~The University of Tokyo and Institute of Space and Astronautical Science, Japan Aerospace Exploration Agency (ISAS-JAXA)~ 2018 https://www.researchgate.net/publication/328094878'The'Principle'of'Non-Appropriation'and'the'Exclusive'Use'of'LEO'by'Large'Satellite'Constellations SM LSC = large satellite constellations Outlines "L"SC thresholds By investigating
AND
and in translating such definition into a clear regulation or code of conduct.
Privatization is driving uncontrolled satellite internet constellations that profit at the expense of cooperation and sustainability – perpetuates internet inequality.
Song and Bloom 20 "Big Tech is leading the new space race. Here's why that's a problem" Steve Song is a Fellow with the Mozilla Foundation where he works to promote policy and regulation that will increase equitable and affordable access to communication in rural and underserved regions of the world. Peter Bloom is a community digital defense activist and the founder and General Coordinator of Rhizomatica, an international non-profit that helps communities build their own communications infrastructure. He is a former Shuttleworth Foundation fellow and was named an Innovator under 35 by MIT Technology Review and appeared on Foreign Policy's 100 Leading Global Thinkers list in 2015. November 14, 2020 https://www.salon.com/2020/11/14/big-tech-is-leading-the-new-space-race-heres-why-thats-a-problem/ SM Big Tech is leading the new space race. Here's why that's a problem
AND
affordable access, but also the process through which people gain that access.
Adv – 1
Satellite internet constellations accelerate collision risks – more close encounters and less transparency means bad decisions are inevitable.
Pultarova 21 "SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, August 18, 2021 https://www.space.com/spacex-starlink-satellite-collision-alerts-on-the-rise SM SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says
AND
be and what it is going to do in the next few days."
LEO collisions due to constellations take out ISR and other military assets – debris cascades into different altitudes and triggers Kessler Syndrome.
Wong 19 "Congested Outer Space: Increased Deployment of Small Satellite Constellations Could Hamper Military Space Operations" 2019 Arthur Wong ~Strategic Development of Forces Division, SHAPE. Prior to working at SHAPE he has worked at NATO HQ, within the Defence Investment Division on interoperability for NATO’s multinational battlegroups.~ https://www.japcc.org/congested-outer-space/ SM Since the production of a large number of small satellites in a factory environment will
AND
it is expected to stay in orbit for the next 150 years.21
Collisions with early warning satellites causes miscalc and goes nuclear – magnified by the Kessler effect
Blatt 20 ~Talia, joint concentration in Social Studies and Integrative Biology at Harvard, specialization in East Asian geopolitics and security issues~ "Anti-Satellite Weapons and the Emerging Space Arms Race," Harvard International Review, May 26, 2020, https://hir.harvard.edu/anti-satellite-weapons-and-the-emerging-space-arms-race/ TG Despite their deterrent functions, ASATs are more likely to provoke or exacerbate conflicts than
AND
and its allies do not want China to successfully close off the region.
Independently causes cyberwar and satellite hacking which escalates.
areas like cybersecurity that are secondary to actually getting these satellites in space.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Adv – 2
Desire to protect profitable LEO constellations leads states to militarize outer space—specifically with ASATs.
Bernat 19 "The Inevitability of Militarization of Outer Space" Pawel Bernat ~Assistant Professor, Polish Air Force University~ Safety and Defense 5(1) (2019) 49–54 https://philarchive.org/archive/BERTIO-52 SM Currently, the dominant interpretations of this article argue that the placement of conventional weapons
AND
, will gain have access to them (Bernat, Posluszna, 2018).
China, Russia, and the US are developing dual use co-orbital ASATs that can stalk and attack other satellites using rendezvous and proximity operations – they make miscalculation highly likely
Chow ’17 - independent policy analyst with over 25 years as a senior physical scientist specializing in space and national security. He holds a PhD in physics from Case Western Reserve University and an MBA with distinction and PhD in finance from the University of Michigan. Brian G Chow, "Stalkers in Space: Defeating the Threat," Strategic Studies Quarterly 11, no. 2 (Summer 2017): 82-116, https://www.airuniversity.af.edu/Portals/10/SSQ/documents/Volume-11'Issue-2/Chow.pdf. Abstract Since 2008, China has been developing a new co-orbital antisatellite
AND
measures for US response are essentially the same for both China and Russia.
Space is offense dominant
====Grego ’18 – senior scientist in the Global Security Program at the Union of Concerned Scientists, PhD in experimental physics at the California Institute of Technology. Laura Grego, "Space and Crisis Stability," Union of Concerned Scientists, March 19, 2018, https://www.law.upenn.edu/live/files/7804-grego-space-and-crisis-stabilitypdf==== Why crisis stability? For the foreseeable future, military tensions between the United States, China, and Russia are likely to remain high, as are those between China and India. Even absent intentional confrontation, regional problems, such as those in the Baltics and East and South Asia, have the potential to draw these actors into conflict. Thus, it is imperative to pay attention to any pathways that could lead an actor considering crossing the nuclear threshold, or approaching it very closely. The United States and Russia continue to retain large nuclear arsenals on high alert1 .
AND
less than early stages of an all-out assault on US interests.
Unknown legal thresholds for escalation make inadvertent escalation highly likely
MacDonald ’18 – senior director of the Nonproliferation and Arms Control Project with the Center for Conflict Analysis and Prevention, Adjunct Lecturer at Johns Hopkins School of Advanced International Studies. Bruce MacDonald, "Chapter 2. Space and Escalation" in Outer Space; Earthly Escalation? Chinese Perspectives on Space Operations and Escalation, A Strategic Multilayer Assessment (SMA) Periodic Publication, August 2018, https://nsiteam.com/social/wp-content/uploads/2018/08/SMA-White-Paper'Chinese-Persepectives-on-Space'-Aug-2018.pdf Another dimension of the problem is the issue of the scale of the attack,
AND
potentially hostile acts—or in fact be used to commit hostile acts.
FW – Normal
Pleasure and pain are intrinsically valuable.
Moen 16 ~Ole Martin Moen, Research Fellow in Philosophy at University of Oslo "An Argument for Hedonism" Journal of Value Inquiry (Springer), 50 (2) 2016: 267–281~ SJDI, brackets in original Let us start by observing, empirically, that a widely shared judgment about intrinsic
AND
places where we reach the end of the line in matters of value.
Thus, the standard is consistency with hedonic act utilitarianism.
Prefer additionally:
1~ Actor specificity –
A~ Aggregation – every policy benefits some and harms others, which also means side constraints freeze action.
B~ No intent-foresight distinction – If we foresee a consequence, then it becomes part of our deliberation which makes it intrinsic to our action since we intend it to happen.
2~ No act-omission distinction –
A~ Psychology – choosing to omit is an act itself – governments decide not to act which means being presented with the aff creates a choice between two actions, neither of which is an omission.
I affirm: The appropriation of outer space by private entities via Large Satellite Constellations in Lower Earth Orbit is unjust.
Takaya et al 18 "The Principle of Non-Appropriation and the Exclusive Uses of LEO by Large Satellite Constellations" Yuri Takaya-Umehara ~Visiting researcher at the University of Tokyo since April 2017. She was affiliated to the Kobe University to provide a course on space law to post-graduate students (2011-2017). She chairs a working group on the formulation of global norms in space law organized by the Keio University since 2018. She obtained her Ph.D. degree at the IDEST of Paris XI University in France, LL.M. at the Leiden University in the Netherlands.~ Quentin Verspieren ~Ph.D. in public policy @ The University of Tokyo, Assistant Professor of Space Policy @UTokyo, General Manager, Global Strategy @ArkEdge Space Inc., Associate Research Fellow @ESPI~ Goutham Karthikeyan ~The University of Tokyo and Institute of Space and Astronautical Science, Japan Aerospace Exploration Agency (ISAS-JAXA)~ 2018 https://www.researchgate.net/publication/328094878'The'Principle'of'Non-Appropriation'and'the'Exclusive'Use'of'LEO'by'Large'Satellite'Constellations SM LSC = large satellite constellations Outlines "L"SC thresholds By investigating
AND
and in translating such definition into a clear regulation or code of conduct.
Privatization is driving uncontrolled satellite internet constellations that profit at the expense of cooperation and sustainability – perpetuates internet inequality.
Song and Bloom 20 "Big Tech is leading the new space race. Here's why that's a problem" Steve Song is a Fellow with the Mozilla Foundation where he works to promote policy and regulation that will increase equitable and affordable access to communication in rural and underserved regions of the world. Peter Bloom is a community digital defense activist and the founder and General Coordinator of Rhizomatica, an international non-profit that helps communities build their own communications infrastructure. He is a former Shuttleworth Foundation fellow and was named an Innovator under 35 by MIT Technology Review and appeared on Foreign Policy's 100 Leading Global Thinkers list in 2015. November 14, 2020 https://www.salon.com/2020/11/14/big-tech-is-leading-the-new-space-race-heres-why-thats-a-problem/ SM Big Tech is leading the new space race. Here's why that's a problem
AND
affordable access, but also the process through which people gain that access.
Adv – Collisions
Satellite internet constellations accelerate collision risks – more close encounters and less transparency means bad decisions are inevitable.
Pultarova 21 "SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, August 18, 2021 https://www.space.com/spacex-starlink-satellite-collision-alerts-on-the-rise SM SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says
AND
be and what it is going to do in the next few days."
LEO collisions due to constellations take out ISR and other military assets – debris cascades into different altitudes and triggers Kessler Syndrome.
Wong 19 "Congested Outer Space: Increased Deployment of Small Satellite Constellations Could Hamper Military Space Operations" 2019 Arthur Wong ~Strategic Development of Forces Division, SHAPE. Prior to working at SHAPE he has worked at NATO HQ, within the Defence Investment Division on interoperability for NATO’s multinational battlegroups.~ https://www.japcc.org/congested-outer-space/ SM Since the production of a large number of small satellites in a factory environment will
AND
it is expected to stay in orbit for the next 150 years.21
Collisions with early warning satellites causes miscalc and goes nuclear – magnified by the Kessler effect
Blatt 20 ~Talia, joint concentration in Social Studies and Integrative Biology at Harvard, specialization in East Asian geopolitics and security issues~ "Anti-Satellite Weapons and the Emerging Space Arms Race," Harvard International Review, May 26, 2020, https://hir.harvard.edu/anti-satellite-weapons-and-the-emerging-space-arms-race/ TG Despite their deterrent functions, ASATs are more likely to provoke or exacerbate conflicts than
AND
and its allies do not want China to successfully close off the region.
Independently causes cyberwar and satellite hacking which escalates.
areas like cybersecurity that are secondary to actually getting these satellites in space.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Adv – Ozone
Mega-constellations destroy the ozone layer.
Pultarova 21 "Air pollution from reentering megaconstellation satellites could cause ozone hole 2.0" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, June 7, 2021 https://www.space.com/starlink-satellite-reentry-ozone-depletion-atmosphere SM Aaron Boley — an associate professor of astronomy and astrophysics at the University of British
AND
poised to make the same type of mistake by our use of space."
Ozone hole recovering now but depletion causes extinction.
to limit the amount of ozone-depleting substances belched out by mankind.
FW
This connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.
these circuits contribute to diverse pathologies, including obesity and addiction or RDS.
The standard is consistency with hedonic act utilitarianism
Prefer additionally:
1~ Actor specificity –
A~ Aggregation – every policy benefits some and harms others, which also means side constraints freeze action.
B~ No intent-foresight distinction – If we foresee a consequence, then it becomes part of our deliberation which makes it intrinsic to our action since we intend it to happen.
===Method===
Psychoanalysis pathologizes oppression. There is no single symbolic order. Engaging in politics can create fissures in libidinal investment.
Nancy FRASER 13. Louise Loeb Professor of Political and Social Science and Professor of Philosophy, The New School. Fortunes of Feminism. Verso Books. 140-9. Modified for ableist language. Let me begin by posing two questions: What might a theory of discourse contribute
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as Other, but never anything that could count as a social agent.
Evaluate the plan before discourse-
—focusing on their theory and requiring the Aff to defend every assumption collapses global progress
David A. Lake 14. University of California, San Diego, USA. "Theory is dead, long live theory: The end of the Great Debates and the rise of eclecticism in International Relations." European Journal of International Relations 19(3) 567–587 More important, as Kuhn (1970) first argued, progress is only possible
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but theory — in the plural — lives. Long may they reign.
Scenario planning is pedagogically valuable—-analyzing how policies might be otherwise and imagining the consequences is vital to critical reflexivity—-deconstructs cognitive biases and flawed ontological assumptions, and empowers creativity and flexibility in thinking and advocacy.
Barma et al. 16. Naazneen Barma, Ph.D. Political Science, UC-Berkeley, Assistant Professor of National Security Affairs, Naval Postgraduate School; Brent Durbin, Ph.D. Political Science, UC-Berkeley, Professor of Government, Smith College; Eric Lorber, J.D. UPenn, Ph.D. Political Science, Duke, Gibson, Dunn and Crutcher; Rachel Whitlark, Ph.D. Political Science, GWU, Post-Doctoral Research Fellow, Project on Managing the Atom and International Security Program within the Belfer Center for Science and International Affairs at Harvard; "‘Imagine a World in Which’: Using Scenarios in Political Science," International Studies Perspectives, 17(2), p.1-19, http://www.naazneenbarma.com/uploads/2/9/6/9/29695681/using'scenarios'in'political'science'isp'2015.pdf Over the past decade, the "cult of irrelevance" in political science scholarship
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analysts from anticipating and understanding the pivotal junctures that arise in international affairs.
1/30/22
JF - AC - Large Satellites v10
Tournament: Barkley Forum for High Schools | Round: 5 | Opponent: Lynbrook SK | Judge: Rachel Ding
1AC
Plan
Plan: Private entities ought not appropriate outer space via Large Satellite Constellations in Lower Earth Orbit
Takaya et al 18 "The Principle of Non-Appropriation and the Exclusive Uses of LEO by Large Satellite Constellations" Yuri Takaya-Umehara ~Visiting researcher at the University of Tokyo since April 2017. She was affiliated to the Kobe University to provide a course on space law to post-graduate students (2011-2017). She chairs a working group on the formulation of global norms in space law organized by the Keio University since 2018. She obtained her Ph.D. degree at the IDEST of Paris XI University in France, LL.M. at the Leiden University in the Netherlands.~ Quentin Verspieren ~Ph.D. in public policy @ The University of Tokyo, Assistant Professor of Space Policy @UTokyo, General Manager, Global Strategy @ArkEdge Space Inc., Associate Research Fellow @ESPI~ Goutham Karthikeyan ~The University of Tokyo and Institute of Space and Astronautical Science, Japan Aerospace Exploration Agency (ISAS-JAXA)~ 2018 https://www.researchgate.net/publication/328094878'The'Principle'of'Non-Appropriation'and'the'Exclusive'Use'of'LEO'by'Large'Satellite'Constellations SM LSC = large satellite constellations Outlines "L"SC thresholds By investigating
AND
and in translating such definition into a clear regulation or code of conduct.
Privatization is driving uncontrolled satellite internet constellations that profit at the expense of cooperation and sustainability – perpetuates internet inequality.
Song and Bloom 20 "Big Tech is leading the new space race. Here's why that's a problem" Steve Song is a Fellow with the Mozilla Foundation where he works to promote policy and regulation that will increase equitable and affordable access to communication in rural and underserved regions of the world. Peter Bloom is a community digital defense activist and the founder and General Coordinator of Rhizomatica, an international non-profit that helps communities build their own communications infrastructure. He is a former Shuttleworth Foundation fellow and was named an Innovator under 35 by MIT Technology Review and appeared on Foreign Policy's 100 Leading Global Thinkers list in 2015. November 14, 2020 https://www.salon.com/2020/11/14/big-tech-is-leading-the-new-space-race-heres-why-thats-a-problem/ SM Big Tech is leading the new space race. Here's why that's a problem
AND
affordable access, but also the process through which people gain that access.
Starlink sucks – capacity limits, line of sight, cost.
Bode 21 "Starlink Reviews Show The Limitations Of Musk's Broadband Play" May 28, 2021, Karl Bode ~Freelance writer, editor, and analyst with over two decades of experience writing about consumer protection, net neutrality, telecom, online advertising, media consolidation, monopoly power, and the streaming video space. My work has appeared at The Verge, Techdirt, Ars Technica, DSLReports, Medium's OneZero, and Vice's Motherboard.~ https://www.techdirt.com/articles/20210518/09565246820/starlink-reviews-show-limitations-musks-broadband-play.shtml SM So we've already noted several times that while Elon Musk's Starlink internet broadband service will
AND
impact business interests (shipping, nautical) far more than residential broadband.
Starlink trades off with more effective fiber optic internet – cost is the biggest barrier, not physical capability.
deploy…~Satellite internet~ doesn’t scale as favorably as wired broadband does.
Adv – Collisions
Satellite internet constellations accelerate collision risks – more close encounters and less transparency means bad decisions are inevitable.
Pultarova 21 "SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, August 18, 2021 https://www.space.com/spacex-starlink-satellite-collision-alerts-on-the-rise SM SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says
AND
be and what it is going to do in the next few days."
LEO collisions due to constellations take out ISR and other military assets – debris cascades into different altitudes and triggers Kessler Syndrome.
Wong 19 "Congested Outer Space: Increased Deployment of Small Satellite Constellations Could Hamper Military Space Operations" 2019 Arthur Wong ~Strategic Development of Forces Division, SHAPE. Prior to working at SHAPE he has worked at NATO HQ, within the Defence Investment Division on interoperability for NATO’s multinational battlegroups.~ https://www.japcc.org/congested-outer-space/ SM Since the production of a large number of small satellites in a factory environment will
AND
it is expected to stay in orbit for the next 150 years.21
Collisions with early warning satellites causes miscalc and goes nuclear – magnified by the Kessler effect
Blatt 20 ~Talia, joint concentration in Social Studies and Integrative Biology at Harvard, specialization in East Asian geopolitics and security issues~ "Anti-Satellite Weapons and the Emerging Space Arms Race," Harvard International Review, May 26, 2020, https://hir.harvard.edu/anti-satellite-weapons-and-the-emerging-space-arms-race/ TG Despite their deterrent functions, ASATs are more likely to provoke or exacerbate conflicts than
AND
and its allies do not want China to successfully close off the region.
Independently causes cyberwar and satellite hacking which escalates.
areas like cybersecurity that are secondary to actually getting these satellites in space.
Interconnectedness and surface area
Graczyk et al 21, Rafal, Paulo Esteves-Verissimo, and Marcus Voelp. "Sanctuary lost: a cyber-physical warfare in space." arXiv preprint arXiv:2110.05878 (2021). (University of Luxembourg, Interdisciplinary Center for Security, Reliability and Trust (SnT) - CritiX group)Elmer NewSpace is on course of enabling satellites to become interconnected, creating orbital networks with
AND
37~, and most likely will become even more significant in the future.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Adv – Astronomy
Constellations sabotage modern astronomy – tweaks like DarkSats don’t solve. That guts asteroid detection and preparedness.
-Reed. "It’s just the sheer numbers that are worrying me."
Asteroids threats are existential – increasingly likely
Spencer ’18 - senior editor for Salon. He manages Salon's science, tech, economy and health coverageKeith Spencer, "The Asteroids Most Likely to Hit Earth," Salon, January 14, 2018, https://www.salon.com/2018/01/14/the-asteroids-most-likely-to-hit-earth/. Like earthquakes and volcanoes, the most frightening thing about asteroid strikes is their inevitability
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which are actually quite simple if done far enough in advance of impact.
FW – Normal
Pleasure and pain are intrinsically valuable.
Moen 16 ~Ole Martin Moen, Research Fellow in Philosophy at University of Oslo "An Argument for Hedonism" Journal of Value Inquiry (Springer), 50 (2) 2016: 267–281~ SJDI, brackets in original Let us start by observing, empirically, that a widely shared judgment about intrinsic
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places where we reach the end of the line in matters of value.
Thus, the standard is consistency with hedonic act utilitarianism.
Prefer additionally:
1~ Actor specificity – Aggregation – every policy benefits some and harms others, which also means side constraints freeze action – private entities have a responsibility to preserve the commons.
2~ Lexical pre-requisite – threats to bodily security preclude the ability for moral actors to effectively act upon other moral theories since they are in a constant state of crisis that inhibits the ideal moral conditions which other theories presuppose
3~ Only consequentialism explains degrees of wrongness—if I break a promise to meet up for lunch, that is not as bad as breaking a promise to take a dying person to the hospital. Only the consequences of breaking the promise explain why the second one is much worse than the first.
3/25/22
JF - AC - Large Satellites v12
Tournament: Palm Classic | Round: 4 | Opponent: Harker AA | Judge: Lena Mizrahi
1AC
Plan
Plan: Private entities ought not appropriate outer space via Large Satellite Constellations in Lower Earth Orbit
Takaya et al 18 "The Principle of Non-Appropriation and the Exclusive Uses of LEO by Large Satellite Constellations" Yuri Takaya-Umehara ~Visiting researcher at the University of Tokyo since April 2017. She was affiliated to the Kobe University to provide a course on space law to post-graduate students (2011-2017). She chairs a working group on the formulation of global norms in space law organized by the Keio University since 2018. She obtained her Ph.D. degree at the IDEST of Paris XI University in France, LL.M. at the Leiden University in the Netherlands.~ Quentin Verspieren ~Ph.D. in public policy @ The University of Tokyo, Assistant Professor of Space Policy @UTokyo, General Manager, Global Strategy @ArkEdge Space Inc., Associate Research Fellow @ESPI~ Goutham Karthikeyan ~The University of Tokyo and Institute of Space and Astronautical Science, Japan Aerospace Exploration Agency (ISAS-JAXA)~ 2018 https://www.researchgate.net/publication/328094878'The'Principle'of'Non-Appropriation'and'the'Exclusive'Use'of'LEO'by'Large'Satellite'Constellations SM LSC = large satellite constellations Outlines "L"SC thresholds By investigating
AND
and in translating such definition into a clear regulation or code of conduct.
Privatization is driving uncontrolled satellite internet constellations that profit at the expense of cooperation and sustainability – perpetuates internet inequality.
Song and Bloom 20 "Big Tech is leading the new space race. Here's why that's a problem" Steve Song is a Fellow with the Mozilla Foundation where he works to promote policy and regulation that will increase equitable and affordable access to communication in rural and underserved regions of the world. Peter Bloom is a community digital defense activist and the founder and General Coordinator of Rhizomatica, an international non-profit that helps communities build their own communications infrastructure. He is a former Shuttleworth Foundation fellow and was named an Innovator under 35 by MIT Technology Review and appeared on Foreign Policy's 100 Leading Global Thinkers list in 2015. November 14, 2020 https://www.salon.com/2020/11/14/big-tech-is-leading-the-new-space-race-heres-why-thats-a-problem/ SM Big Tech is leading the new space race. Here's why that's a problem
AND
affordable access, but also the process through which people gain that access.
Constellations couldn’t support more than 1 user for every 10 km2 – only useful in extremely remote areas.
Ogutu and Oughton 21 "A Techno-Economic Cost Framework for Satellite Networks Applied to Low Earth Orbit Constellations: Assessing Starlink, OneWeb and Kuiper" Osoro B. Ogutu and Edward J. Oughton ~O. Ogutu is with the Department of Geography and Geoinformation Science, George Mason University; E. Oughton is an assistant professor with the Department of Geography and Geoinformation Science, George Mason University~ August 2021 https://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=9568932 SM At maximum network density, each Starlink satellite covers approximately 101,000 km2,
AND
Starlink, OneWeb and Kuiper respectively in the busiest hour of the day.
Adv – Collisions
Satellite internet constellations accelerate collision risks – more close encounters and less transparency means bad decisions are inevitable.
Pultarova 21 "SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, August 18, 2021 https://www.space.com/spacex-starlink-satellite-collision-alerts-on-the-rise SM SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says
AND
be and what it is going to do in the next few days."
LEO collisions due to constellations take out ISR and other military assets – debris cascades into different altitudes and triggers Kessler Syndrome.
Wong 19 "Congested Outer Space: Increased Deployment of Small Satellite Constellations Could Hamper Military Space Operations" 2019 Arthur Wong ~Strategic Development of Forces Division, SHAPE. Prior to working at SHAPE he has worked at NATO HQ, within the Defence Investment Division on interoperability for NATO’s multinational battlegroups.~ https://www.japcc.org/congested-outer-space/ SM Since the production of a large number of small satellites in a factory environment will
AND
it is expected to stay in orbit for the next 150 years.21
Collisions with early warning satellites causes miscalc and goes nuclear – magnified by the Kessler effect
Blatt 20 ~Talia, joint concentration in Social Studies and Integrative Biology at Harvard, specialization in East Asian geopolitics and security issues~ "Anti-Satellite Weapons and the Emerging Space Arms Race," Harvard International Review, May 26, 2020, https://hir.harvard.edu/anti-satellite-weapons-and-the-emerging-space-arms-race/ TG Despite their deterrent functions, ASATs are more likely to provoke or exacerbate conflicts than
AND
and its allies do not want China to successfully close off the region.
Independently causes cyberwar and satellite hacking which escalates.
areas like cybersecurity that are secondary to actually getting these satellites in space.
Interconnectedness and surface area
Graczyk et al 21, Rafal, Paulo Esteves-Verissimo, and Marcus Voelp. "Sanctuary lost: a cyber-physical warfare in space." arXiv preprint arXiv:2110.05878 (2021). (University of Luxembourg, Interdisciplinary Center for Security, Reliability and Trust (SnT) - CritiX group)Elmer NewSpace is on course of enabling satellites to become interconnected, creating orbital networks with
AND
37~, and most likely will become even more significant in the future.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Adv – Astronomy
Constellations sabotage modern astronomy – tweaks like DarkSats don’t solve. That guts asteroid detection and preparedness.
-Reed. "It’s just the sheer numbers that are worrying me."
Asteroids threats are existential – increasingly likely
Spencer ’18 - senior editor for Salon. He manages Salon's science, tech, economy and health coverageKeith Spencer, "The Asteroids Most Likely to Hit Earth," Salon, January 14, 2018, https://www.salon.com/2018/01/14/the-asteroids-most-likely-to-hit-earth/. Like earthquakes and volcanoes, the most frightening thing about asteroid strikes is their inevitability
AND
which are actually quite simple if done far enough in advance of impact.
Independently, astronomy is key to avert solar flares which are coming now and wreck the grid.
have the opportunity to know when "the big one" is coming.
Grid collapse cascades—-extinction
Alice Friedemann 16. Transportation expert, founder of EnergySkeptic.com and author of "When Trucks Stop Running, Energy and the Future of Transportation," worked at American Presidential Lines for 22 years, where she developed computer systems to coordinate the transit of cargo between ships, rail, trucks, and consumers, citing Dr. Peter Vincent Pry. Pry is executive director of the Task Force on National and Homeland Security, a Congressional advisory board dedicated to achieving protection of the United States from electromagnetic pulse and other threats. Dr. Pry is also the director of the United States Nuclear Strategy Forum, an advisory body to Congress on policies to counter weapons of mass destruction. Dr. Pry has served on the staffs of the Congressional Commission on the Strategic Posture of the United States, the Commission to Assess the Threat to the U.S. from an EMP Attack, the House Armed Services Committee, as an intelligence officer with the CIA, and as a verification analyst at the U.S. Arms Control and Disarmament Agency. (1/24/16, "Electromagnetic pulse threat to infrastructure (U.S. House hearings)" http://energyskeptic.com/2016/the-scariest-u-s-house-session-ever-electromagnetic-pulse-and-the-fall-of-civilization/. Modern civilization cannot exist for a protracted period without electricity. Within days of a
AND
could create anarchic conditions that would profoundly challenge the existence of social order.
Causes nuclear meltdowns—-overcomes resilience and ends civilizations
be halted). Runaway meltdowns would be enough to end things pretty quickly.
Adv – Ozone
Mega-constellations destroy the ozone layer.
Pultarova 21 "Air pollution from reentering megaconstellation satellites could cause ozone hole 2.0" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, June 7, 2021 https://www.space.com/starlink-satellite-reentry-ozone-depletion-atmosphere SM Aaron Boley — an associate professor of astronomy and astrophysics at the University of British
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poised to make the same type of mistake by our use of space."
Ozone hole recovering now but depletion causes extinction.
Thus, the standard is consistency with hedonic act utilitarianism.
2/13/22
JF - AC - Large Satellites v13
Tournament: King Round Robin | Round: 1 | Opponent: Strake Jesuit JX | Judge: Brianna Aaron, Danielle Dosch
1AC
Plan
Plan: Private entities ought not appropriate outer space via Large Satellite Constellations in Lower Earth Orbit
Takaya et al 18 "The Principle of Non-Appropriation and the Exclusive Uses of LEO by Large Satellite Constellations" Yuri Takaya-Umehara ~Visiting researcher at the University of Tokyo since April 2017. She was affiliated to the Kobe University to provide a course on space law to post-graduate students (2011-2017). She chairs a working group on the formulation of global norms in space law organized by the Keio University since 2018. She obtained her Ph.D. degree at the IDEST of Paris XI University in France, LL.M. at the Leiden University in the Netherlands.~ Quentin Verspieren ~Ph.D. in public policy @ The University of Tokyo, Assistant Professor of Space Policy @UTokyo, General Manager, Global Strategy @ArkEdge Space Inc., Associate Research Fellow @ESPI~ Goutham Karthikeyan ~The University of Tokyo and Institute of Space and Astronautical Science, Japan Aerospace Exploration Agency (ISAS-JAXA)~ 2018 https://www.researchgate.net/publication/328094878'The'Principle'of'Non-Appropriation'and'the'Exclusive'Use'of'LEO'by'Large'Satellite'Constellations SM LSC = large satellite constellations Outlines "L"SC thresholds By investigating
AND
and in translating such definition into a clear regulation or code of conduct.
Privatization is driving uncontrolled satellite internet constellations that profit at the expense of cooperation and sustainability – perpetuates internet inequality.
Song and Bloom 20 "Big Tech is leading the new space race. Here's why that's a problem" Steve Song is a Fellow with the Mozilla Foundation where he works to promote policy and regulation that will increase equitable and affordable access to communication in rural and underserved regions of the world. Peter Bloom is a community digital defense activist and the founder and General Coordinator of Rhizomatica, an international non-profit that helps communities build their own communications infrastructure. He is a former Shuttleworth Foundation fellow and was named an Innovator under 35 by MIT Technology Review and appeared on Foreign Policy's 100 Leading Global Thinkers list in 2015. November 14, 2020 https://www.salon.com/2020/11/14/big-tech-is-leading-the-new-space-race-heres-why-thats-a-problem/ SM Big Tech is leading the new space race. Here's why that's a problem
AND
affordable access, but also the process through which people gain that access.
Constellations couldn’t support more than 1 user for every 10 km2 – only useful in extremely remote areas.
Ogutu and Oughton 21 "A Techno-Economic Cost Framework for Satellite Networks Applied to Low Earth Orbit Constellations: Assessing Starlink, OneWeb and Kuiper" Osoro B. Ogutu and Edward J. Oughton ~O. Ogutu is with the Department of Geography and Geoinformation Science, George Mason University; E. Oughton is an assistant professor with the Department of Geography and Geoinformation Science, George Mason University~ August 2021 https://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=9568932 SM At maximum network density, each Starlink satellite covers approximately 101,000 km2,
AND
Starlink, OneWeb and Kuiper respectively in the busiest hour of the day.
Adv – Collisions
Satellite internet constellations accelerate collision risks – more close encounters and less transparency means bad decisions are inevitable.
Pultarova 21 "SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, August 18, 2021 https://www.space.com/spacex-starlink-satellite-collision-alerts-on-the-rise SM SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says
AND
be and what it is going to do in the next few days."
LEO collisions due to constellations take out ISR and other military assets – debris cascades into different altitudes and triggers Kessler Syndrome.
Wong 19 "Congested Outer Space: Increased Deployment of Small Satellite Constellations Could Hamper Military Space Operations" 2019 Arthur Wong ~Strategic Development of Forces Division, SHAPE. Prior to working at SHAPE he has worked at NATO HQ, within the Defence Investment Division on interoperability for NATO’s multinational battlegroups.~ https://www.japcc.org/congested-outer-space/ SM Since the production of a large number of small satellites in a factory environment will
AND
it is expected to stay in orbit for the next 150 years.21
Collisions with early warning satellites causes miscalc and goes nuclear – magnified by the Kessler effect
Blatt 20 ~Talia, joint concentration in Social Studies and Integrative Biology at Harvard, specialization in East Asian geopolitics and security issues~ "Anti-Satellite Weapons and the Emerging Space Arms Race," Harvard International Review, May 26, 2020, https://hir.harvard.edu/anti-satellite-weapons-and-the-emerging-space-arms-race/ TG Despite their deterrent functions, ASATs are more likely to provoke or exacerbate conflicts than
AND
and its allies do not want China to successfully close off the region.
Independently causes cyberwar and satellite hacking which escalates.
areas like cybersecurity that are secondary to actually getting these satellites in space.
Interconnectedness and surface area
Graczyk et al 21, Rafal, Paulo Esteves-Verissimo, and Marcus Voelp. "Sanctuary lost: a cyber-physical warfare in space." arXiv preprint arXiv:2110.05878 (2021). (University of Luxembourg, Interdisciplinary Center for Security, Reliability and Trust (SnT) - CritiX group)Elmer NewSpace is on course of enabling satellites to become interconnected, creating orbital networks with
AND
37~, and most likely will become even more significant in the future.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
FW – Fancy
Moral realism must start by being mind-independent – realism wouldn’t make sense if there were a plethora of moral truths contingent on the agent’s cognitively predisposed capacity because then moral truths wouldn’t exist outside of the ways we cohere them. Thus, moral naturalism is true.
Synthetic a posteriori moral naturalism is the basis of realist ethics:
A~ The normative supervenes on the natural – natural facts like whether brains develop to permit rationality or subjectivity determine whether non naturalist moral facts can be premised on things like capacity for reason
Lutz and Lenman 18. Lutz, Matthew and Lenman, James, "Moral Naturalism", The Stanford Encyclopedia of Philosophy (Fall 2018 Edition), Edward N. Zalta (ed.), URL = https://plato.stanford.edu/archives/fall2018/entries/naturalism-moral/.Massa The first argument against normative non-naturalism concerns normative supervenience. The normative supervenes
AND
, this is a heavy mark against non-naturalism (McPherson 2012).
That outweighs other metaethical justifications– controversy prevents acting on moral laws, but lack of philosophical controversy on the correlation between moral and natural facts indicates naturalism guides action.
B~ The problem of disagreement – resolving a priori conflicts requires indicting the epistemological basis of one’s judgement with a reliable process for deriving moral truths which is impossible given widespread moral disagreement about non verifiable a priori truth – grounding ethics with verifiable natural facts solve
Next, phenomenal introspection can bridge the gap from experiential natural facts to moral truths and necessitates hedonism. When I observe a lemon’s yellowness shifting my visual fields from darker to lighter shades, I can introspect on that experience and identify brightness as an intrinsic property of seeing a lemon. Similarly, when I feel pleasure, I can introspect on the shift in hedonic tones and identify that goodness is an intrinsic property of the pleasure that was increased.
This connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.
these circuits contribute to diverse pathologies, including obesity and addiction or RDS.
The Darwinian dilemma bridges the is ought gap and takes out their theory. Moral beliefs we hold shift as we evolve which means either moral facts have changed which contradicts moral realism or evolution has randomly just now led us to moral truth. The latter is statistically impossible since evolution doesn’t track morality – there is no pressure to identify moral truths that have no bearing on survival and reproduction.
Hedonism escapes this dilemma through the byproduct hypothesis since natural selection proves the reliability of phenomenal introspection. When we introspect for survival on data from our eyes or ears, such as whether one sees or smells food or a predator, we use the same part of the brain that introspects on hedonic tones and identifies their moral relevance. The ability to correctly identify moral truths is evolutionarily advantageous if and only if that ability is a byproduct of a different trait that enables survival and reproduction.
Thus, the standard is consistency with hedonic act utilitarianism. Prefer it:
1~ Actor specificity –
A~ Governments must aggregate because their policies benefit some and harm others so the only non-arbitrary way to prioritize is by helping the most amount of people
Mack 4 ~(Peter, MBBS, FRCS(Ed), FRCS (Glasg), PhD, MBA, MHlthEcon) "Utilitarian Ethics in Healthcare." International Journal of the Computer, the Internet, and Management Vol. 12, No.3. 2004. Department of Surgery. Singapore General Hospital.~ SJDI Medicine is a costly science, but of greater concern to the health economist is
AND
the utility and any non-utility aspects of the situation are ignored.
B~ No intent-foresight distinction for governments – deliberating over an action requires analysis of foreseen consequences which could be prevented which makes them intrinsic to state action
C~ Governments aren’t singular rational agents which makes theories about individuals irrelevant – only consequentialism solves by analyzing ends divorced from an actor
2~ No act-omission distinction – governments are culpable for omissions cuz their purpose is to protect the constituency – otherwise they would have no obligation to make murder illegal. Actor spec o/w – different agents have different ethical standings that affect their obligations and considerations.
3~ Extinction comes first – moral theories converge
Pummer 15 ~Theron, Junior Research Fellow in Philosophy at St. Anne's College, University of Oxford. "Moral Agreement on Saving the World" Practical Ethics, University of Oxford. May 18, 2015~ AT 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)
4~ Degrees of wrongness - only util can account for degrees of wrongness, telling someone their shirt looks nice when it doesn’t is better than telling a slave owner where a runaway slave is which means aggregation controls the internal link to your fw
Sinnott-Armstrong 92 ~Walter, professor of practical ethics. "An Argument for Consequentialism" Dartmouth College Philosophical Perspectives. 1992.~ A moral reason to do an act is consequential if and only if the reason
AND
explain moral substitutability if it claims that properties like this provide moral reasons.
Method
Focus on large scale catastrophes is good and they outweigh – appeals to social costs, moral rules, and securitization play into cognitive bias and flawed risk calculus – 2020 is living proof
Weber 20 (ELKE U. WEBER is Gerhard R. Andlinger Professor in Energy and the Environment and Professor of Psychology and Public Affairs at Princeton University.), November-December 2020 Issue, "Heads in the Sand," Foreign Affairs, https://www.foreignaffairs.com/articles/2020-10-13/heads-sand mvp We are living in a time of crisis. From the immediate challenge of the
AND
to dislodge it, even when cost-benefit analysis argues for change.
Evaluate the plan before discourse—-focusing on their theory and requiring the Aff to defend every assumption collapses global progress
David A. Lake 14. University of California, San Diego, USA. "Theory is dead, long live theory: The end of the Great Debates and the rise of eclecticism in International Relations." European Journal of International Relations 19(3) 567–587 More important, as Kuhn (1970) first argued, progress is only possible
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but theory — in the plural — lives. Long may they reign.
No chance any grab for power succeeds– reform is all we’ve got
Fredrik deBoer 16, Limited-Term Lecturer, Introductory Composition at Purdue Program, 3/15/16, "c’mon, guys," http://fredrikdeboer.com/2016/03/15/cmon-guys/ I could be wrong about the short-term dangers, and the stakes are
AND
, unsexy work of building coalitions and asking people to climb on board.
3/26/22
JF - AC - Large Satellites v14
Tournament: King Round Robin | Round: 3 | Opponent: Harker DS | Judge: Abhinav Sinha, Rodrigo Paramo
1AC
Plan
Plan: Private entities ought not engage in the exclusive and permanent use of Low Earth Orbit via Large Satellite Constellations.
Takaya et al 18 "The Principle of Non-Appropriation and the Exclusive Uses of LEO by Large Satellite Constellations" Yuri Takaya-Umehara ~Visiting researcher at the University of Tokyo since April 2017. She was affiliated to the Kobe University to provide a course on space law to post-graduate students (2011-2017). She chairs a working group on the formulation of global norms in space law organized by the Keio University since 2018. She obtained her Ph.D. degree at the IDEST of Paris XI University in France, LL.M. at the Leiden University in the Netherlands.~ Quentin Verspieren ~Ph.D. in public policy @ The University of Tokyo, Assistant Professor of Space Policy @UTokyo, General Manager, Global Strategy @ArkEdge Space Inc., Associate Research Fellow @ESPI~ Goutham Karthikeyan ~The University of Tokyo and Institute of Space and Astronautical Science, Japan Aerospace Exploration Agency (ISAS-JAXA)~ 2018 https://www.researchgate.net/publication/328094878'The'Principle'of'Non-Appropriation'and'the'Exclusive'Use'of'LEO'by'Large'Satellite'Constellations SM LSC = large satellite constellations Outlines density thresholds for exclusive use via LSCs
AND
and in translating such definition into a clear regulation or code of conduct.
Preliminary estimates of the density threshold for exclusive use occur on a system-by-system basis and range from 11-17 kilometers – collisions are a mathematical certainty outside this threshold
Liang et al. 21 J. Liang, A. U. Chaudhry and H. Yanikomeroglu, "Phasing Parameter Analysis for Satellite Collision Avoidance in Starlink and Kuiper Constellations," 2021 IEEE 4th 5G World Forum (5GWF), 2021, pp. 493-498, doi: 10.1109/5GWF52925.2021.00093. mvp In this work, we investigate the phasing parameter for two biggest upcoming satellite constellations
AND
the intra-constellation collisions between satellites in these constellations can be avoided.
Privatization is driving uncontrolled satellite internet constellations that profit at the expense of cooperation and sustainability – perpetuates internet inequality.
Song and Bloom 20 "Big Tech is leading the new space race. Here's why that's a problem" Steve Song is a Fellow with the Mozilla Foundation where he works to promote policy and regulation that will increase equitable and affordable access to communication in rural and underserved regions of the world. Peter Bloom is a community digital defense activist and the founder and General Coordinator of Rhizomatica, an international non-profit that helps communities build their own communications infrastructure. He is a former Shuttleworth Foundation fellow and was named an Innovator under 35 by MIT Technology Review and appeared on Foreign Policy's 100 Leading Global Thinkers list in 2015. November 14, 2020 https://www.salon.com/2020/11/14/big-tech-is-leading-the-new-space-race-heres-why-thats-a-problem/ SM Big Tech is leading the new space race. Here's why that's a problem
AND
affordable access, but also the process through which people gain that access.
Constellations couldn’t support more than 1 user for every 10 km2 – only useful in extremely remote areas.
Ogutu and Oughton 21 "A Techno-Economic Cost Framework for Satellite Networks Applied to Low Earth Orbit Constellations: Assessing Starlink, OneWeb and Kuiper" Osoro B. Ogutu and Edward J. Oughton ~O. Ogutu is with the Department of Geography and Geoinformation Science, George Mason University; E. Oughton is an assistant professor with the Department of Geography and Geoinformation Science, George Mason University~ August 2021 https://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=9568932 SM At maximum network density, each Starlink satellite covers approximately 101,000 km2,
AND
Starlink, OneWeb and Kuiper respectively in the busiest hour of the day.
Adv – Collisions
Satellite internet constellations accelerate collision risks – more close encounters and less transparency means bad decisions are inevitable.
Pultarova 21 "SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, August 18, 2021 https://www.space.com/spacex-starlink-satellite-collision-alerts-on-the-rise SM SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says
AND
be and what it is going to do in the next few days."
LEO collisions due to constellations take out ISR and other military assets – debris cascades into different altitudes and triggers Kessler Syndrome.
Wong 19 "Congested Outer Space: Increased Deployment of Small Satellite Constellations Could Hamper Military Space Operations" 2019 Arthur Wong ~Strategic Development of Forces Division, SHAPE. Prior to working at SHAPE he has worked at NATO HQ, within the Defence Investment Division on interoperability for NATO’s multinational battlegroups.~ https://www.japcc.org/congested-outer-space/ SM Since the production of a large number of small satellites in a factory environment will
AND
it is expected to stay in orbit for the next 150 years.21
Collisions with early warning satellites causes miscalc and goes nuclear – magnified by the Kessler effect
Blatt 20 ~Talia, joint concentration in Social Studies and Integrative Biology at Harvard, specialization in East Asian geopolitics and security issues~ "Anti-Satellite Weapons and the Emerging Space Arms Race," Harvard International Review, May 26, 2020, https://hir.harvard.edu/anti-satellite-weapons-and-the-emerging-space-arms-race/ TG Despite their deterrent functions, ASATs are more likely to provoke or exacerbate conflicts than
AND
and its allies do not want China to successfully close off the region.
Independently causes cyberwar and satellite hacking which escalates.
areas like cybersecurity that are secondary to actually getting these satellites in space.
Interconnectedness and surface area
Graczyk et al 21, Rafal, Paulo Esteves-Verissimo, and Marcus Voelp. "Sanctuary lost: a cyber-physical warfare in space." arXiv preprint arXiv:2110.05878 (2021). (University of Luxembourg, Interdisciplinary Center for Security, Reliability and Trust (SnT) - CritiX group)Elmer NewSpace is on course of enabling satellites to become interconnected, creating orbital networks with
AND
37~, and most likely will become even more significant in the future.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Adv – Astronomy
Constellations sabotage modern astronomy – tweaks like DarkSats don’t solve. That guts asteroid detection and preparedness.
-Reed. "It’s just the sheer numbers that are worrying me."
Space based astronomy fails
Siegel 2/4 "Ask Ethan: Do we still need ground-based astronomy?" Ethan Siegel is a Ph.D. astrophysicist and author of "Starts with a Bang!" February 4, 2022 https://bigthink.com/starts-with-a-bang/ground-based-astronomy/ SM So why not just put everything in space, then? After all, we
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then launch, commission, and calibrate the observatory it’s a part of.
Asteroids threats are existential – increasingly likely
Spencer ’18 - senior editor for Salon. He manages Salon's science, tech, economy and health coverageKeith Spencer, "The Asteroids Most Likely to Hit Earth," Salon, January 14, 2018, https://www.salon.com/2018/01/14/the-asteroids-most-likely-to-hit-earth/. Like earthquakes and volcanoes, the most frightening thing about asteroid strikes is their inevitability
AND
which are actually quite simple if done far enough in advance of impact.
They obliterate the earth – definitely causes extinction
McGuire 2 (Bill, Professor of Geohazards at University College London and is one of Britain's leading volcanologists, A Guide to the End of the World, p. 159-168) The Tunguska events pale into insignificance when compared to what happened off the coast of
AND
, wc could do little about a new comet heading in our direction.
Adv – Ozone
Mega-constellations destroy the ozone layer.
Pultarova 21 "Air pollution from reentering megaconstellation satellites could cause ozone hole 2.0" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, June 7, 2021 https://www.space.com/starlink-satellite-reentry-ozone-depletion-atmosphere SM Aaron Boley — an associate professor of astronomy and astrophysics at the University of British
AND
poised to make the same type of mistake by our use of space."
Ozone hole recovering now but depletion causes extinction.
to limit the amount of ozone-depleting substances belched out by mankind.
FW – Tiny
The introspective connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.
these circuits contribute to diverse pathologies, including obesity and addiction or RDS.
Evolution proves the reliability of phenomenal introspection – when we introspect on data from our eyes or ears, such as whether one sees or smells food or a predator, we use the same part of the brain that introspects on hedonic tones and identifies their moral relevance.
Thus, the standard is consistency with hedonic act utilitarianism.
3/26/22
JF - AC - Large Satellites v15
Tournament: National Debate Coaches Association National Championships | Round: 2 | Opponent: Harker PG | Judge: Gerard Grigsby
1AC
Plan
Plan: Private entities ought not engage in the exclusive and permanent use of Low Earth Orbit via Large Satellite Constellations.
Takaya et al 18 "The Principle of Non-Appropriation and the Exclusive Uses of LEO by Large Satellite Constellations" Yuri Takaya-Umehara ~Visiting researcher at the University of Tokyo since April 2017. She was affiliated to the Kobe University to provide a course on space law to post-graduate students (2011-2017). She chairs a working group on the formulation of global norms in space law organized by the Keio University since 2018. She obtained her Ph.D. degree at the IDEST of Paris XI University in France, LL.M. at the Leiden University in the Netherlands.~ Quentin Verspieren ~Ph.D. in public policy @ The University of Tokyo, Assistant Professor of Space Policy @UTokyo, General Manager, Global Strategy @ArkEdge Space Inc., Associate Research Fellow @ESPI~ Goutham Karthikeyan ~The University of Tokyo and Institute of Space and Astronautical Science, Japan Aerospace Exploration Agency (ISAS-JAXA)~ 2018 https://www.researchgate.net/publication/328094878'The'Principle'of'Non-Appropriation'and'the'Exclusive'Use'of'LEO'by'Large'Satellite'Constellations SM LSC = large satellite constellations Outlines density thresholds for exclusive use via LSCs
AND
and in translating such definition into a clear regulation or code of conduct.
Preliminary estimates of the density threshold for exclusive use occur on a system-by-system basis and range from 11-17 kilometers – collisions are a mathematical certainty outside this threshold
Liang et al. 21 J. Liang, A. U. Chaudhry and H. Yanikomeroglu, "Phasing Parameter Analysis for Satellite Collision Avoidance in Starlink and Kuiper Constellations," 2021 IEEE 4th 5G World Forum (5GWF), 2021, pp. 493-498, doi: 10.1109/5GWF52925.2021.00093. mvp In this work, we investigate the phasing parameter for two biggest upcoming satellite constellations
AND
the intra-constellation collisions between satellites in these constellations can be avoided.
Appropriation means exclusive and permanent control over a region of space; the plan only bans mega constellations that rise to that level.
Trapp 13, Timothy Justin. "Taking up Space by Any Other Means: Coming to Terms with Nonappropriation Article of the Outer Space Treaty." U. Ill. L. Rev. (2013): 1681. (JD Candidate at UIUC Law School)Re-cut by Elmer The issues presented in relation to the nonappropriation article of the Outer Space Treaty should be clear.214 The ITU has, quite blatantly, created something akin to "property interests in outer space."215 It allows nations to exclude others from their orbital slots, even when the nation is not currently using that slot.216 This is directly in line with at least one definition of outer-space appropriation.217 ~Start Footnote 217Id. at 236 ("Appropriation of outer space, therefore, is ‘the exercise of exclusive control or exclusive use’ with a sense of permanence, which limits other nations’ access to it.") (quoting Milton L. Smith, The Role of the ITU in the Development of Space Law, 17 ANNALS AIR and SPACE L. 157, 165 (1992)). End Footnote 217~ The ITU even allows nations with unused slots to devise them to other entities
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the Bogotá Declaration were try3ing to accomplish, albeit through different means.219
Privatization is driving uncontrolled satellite internet constellations that profit at the expense of cooperation and sustainability – perpetuates internet inequality.
Song and Bloom 20 "Big Tech is leading the new space race. Here's why that's a problem" Steve Song is a Fellow with the Mozilla Foundation where he works to promote policy and regulation that will increase equitable and affordable access to communication in rural and underserved regions of the world. Peter Bloom is a community digital defense activist and the founder and General Coordinator of Rhizomatica, an international non-profit that helps communities build their own communications infrastructure. He is a former Shuttleworth Foundation fellow and was named an Innovator under 35 by MIT Technology Review and appeared on Foreign Policy's 100 Leading Global Thinkers list in 2015. November 14, 2020 https://www.salon.com/2020/11/14/big-tech-is-leading-the-new-space-race-heres-why-thats-a-problem/ SM Big Tech is leading the new space race. Here's why that's a problem
AND
affordable access, but also the process through which people gain that access.
Constellations couldn’t support more than 1 user for every 10 km2 – only useful in extremely remote areas.
Ogutu and Oughton 21 "A Techno-Economic Cost Framework for Satellite Networks Applied to Low Earth Orbit Constellations: Assessing Starlink, OneWeb and Kuiper" Osoro B. Ogutu and Edward J. Oughton ~O. Ogutu is with the Department of Geography and Geoinformation Science, George Mason University; E. Oughton is an assistant professor with the Department of Geography and Geoinformation Science, George Mason University~ August 2021 https://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=9568932 SM At maximum network density, each Starlink satellite covers approximately 101,000 km2,
AND
Starlink, OneWeb and Kuiper respectively in the busiest hour of the day.
Adv – Collisions
Satellite internet constellations accelerate collision risks – more close encounters and less transparency means bad decisions are inevitable.
Pultarova 21 "SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, August 18, 2021 https://www.space.com/spacex-starlink-satellite-collision-alerts-on-the-rise SM SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says
AND
be and what it is going to do in the next few days."
LEO collisions due to constellations take out ISR and other military assets – debris cascades into different altitudes and triggers Kessler Syndrome.
Wong 19 "Congested Outer Space: Increased Deployment of Small Satellite Constellations Could Hamper Military Space Operations" 2019 Arthur Wong ~Strategic Development of Forces Division, SHAPE. Prior to working at SHAPE he has worked at NATO HQ, within the Defence Investment Division on interoperability for NATO’s multinational battlegroups.~ https://www.japcc.org/congested-outer-space/ SM Since the production of a large number of small satellites in a factory environment will
AND
it is expected to stay in orbit for the next 150 years.21
Collisions with early warning satellites causes miscalc and goes nuclear – magnified by the Kessler effect
Blatt 20 ~Talia, joint concentration in Social Studies and Integrative Biology at Harvard, specialization in East Asian geopolitics and security issues~ "Anti-Satellite Weapons and the Emerging Space Arms Race," Harvard International Review, May 26, 2020, https://hir.harvard.edu/anti-satellite-weapons-and-the-emerging-space-arms-race/ TG Despite their deterrent functions, ASATs are more likely to provoke or exacerbate conflicts than
AND
and its allies do not want China to successfully close off the region.
Independently causes cyberwar and satellite hacking which escalates.
areas like cybersecurity that are secondary to actually getting these satellites in space.
Interconnectedness and surface area
Graczyk et al 21, Rafal, Paulo Esteves-Verissimo, and Marcus Voelp. "Sanctuary lost: a cyber-physical warfare in space." arXiv preprint arXiv:2110.05878 (2021). (University of Luxembourg, Interdisciplinary Center for Security, Reliability and Trust (SnT) - CritiX group)Elmer NewSpace is on course of enabling satellites to become interconnected, creating orbital networks with
AND
37~, and most likely will become even more significant in the future.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Adv – Astronomy
Constellations sabotage modern astronomy – tweaks like DarkSats don’t solve. That guts asteroid detection and preparedness.
-Reed. "It’s just the sheer numbers that are worrying me."
Asteroids threats are existential – increasingly likely
Spencer ’18 - senior editor for Salon. He manages Salon's science, tech, economy and health coverageKeith Spencer, "The Asteroids Most Likely to Hit Earth," Salon, January 14, 2018, https://www.salon.com/2018/01/14/the-asteroids-most-likely-to-hit-earth/. Like earthquakes and volcanoes, the most frightening thing about asteroid strikes is their inevitability
AND
which are actually quite simple if done far enough in advance of impact.
They obliterate the earth
– definitely causes extinction
McGuire 2 (Bill, Professor of Geohazards at University College London and is one of Britain's leading volcanologists, A Guide to the End of the World, p. 159-168) The Tunguska events pale into insignificance when compared to what happened off the coast of
AND
, wc could do little about a new comet heading in our direction.
Adv – Ozone
Mega-constellations destroy the ozone layer.
Pultarova 21 "Air pollution from reentering megaconstellation satellites could cause ozone hole 2.0" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, June 7, 2021 https://www.space.com/starlink-satellite-reentry-ozone-depletion-atmosphere SM Aaron Boley — an associate professor of astronomy and astrophysics at the University of British
AND
poised to make the same type of mistake by our use of space."
Ozone hole recovering now but depletion causes extinction.
to limit the amount of ozone-depleting substances belched out by mankind.
FW – Tiny
The introspective connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.
these circuits contribute to diverse pathologies, including obesity and addiction or RDS.
Evolution proves the reliability of phenomenal introspection – when we introspect on data from our eyes or ears, such as whether one sees or smells food or a predator, we use the same part of the brain that introspects on hedonic tones and identifies their moral relevance.
Thus, the standard is consistency with hedonic act utilitarianism.
4/9/22
JF - AC - Large Satellites v2
Tournament: debateLA Challenge | Round: 4 | Opponent: Ayala AM | Judge: Chris Theis, Rodrigo Paramo
1AC
Plan
I affirm: The appropriation of outer space by private entities via Large Satellite Constellations in Lower Earth Orbit is unjust.
Takaya et al 18 "The Principle of Non-Appropriation and the Exclusive Uses of LEO by Large Satellite Constellations" Yuri Takaya-Umehara ~Visiting researcher at the University of Tokyo since April 2017. She was affiliated to the Kobe University to provide a course on space law to post-graduate students (2011-2017). She chairs a working group on the formulation of global norms in space law organized by the Keio University since 2018. She obtained her Ph.D. degree at the IDEST of Paris XI University in France, LL.M. at the Leiden University in the Netherlands.~ Quentin Verspieren ~Ph.D. in public policy @ The University of Tokyo, Assistant Professor of Space Policy @UTokyo, General Manager, Global Strategy @ArkEdge Space Inc., Associate Research Fellow @ESPI~ Goutham Karthikeyan ~The University of Tokyo and Institute of Space and Astronautical Science, Japan Aerospace Exploration Agency (ISAS-JAXA)~ 2018 https://www.researchgate.net/publication/328094878'The'Principle'of'Non-Appropriation'and'the'Exclusive'Use'of'LEO'by'Large'Satellite'Constellations SM LSC = large satellite constellations Outlines "L"SC thresholds By investigating
AND
and in translating such definition into a clear regulation or code of conduct.
Privatization is driving uncontrolled satellite internet constellations that profit at the expense of cooperation and sustainability – perpetuates internet inequality.
Song and Bloom 20 "Big Tech is leading the new space race. Here's why that's a problem" Steve Song is a Fellow with the Mozilla Foundation where he works to promote policy and regulation that will increase equitable and affordable access to communication in rural and underserved regions of the world. Peter Bloom is a community digital defense activist and the founder and General Coordinator of Rhizomatica, an international non-profit that helps communities build their own communications infrastructure. He is a former Shuttleworth Foundation fellow and was named an Innovator under 35 by MIT Technology Review and appeared on Foreign Policy's 100 Leading Global Thinkers list in 2015. November 14, 2020 https://www.salon.com/2020/11/14/big-tech-is-leading-the-new-space-race-heres-why-thats-a-problem/ SM Big Tech is leading the new space race. Here's why that's a problem
AND
affordable access, but also the process through which people gain that access.
Adv – Collisions
Satellite internet constellations accelerate collision risks – more close encounters and less transparency means bad decisions are inevitable.
Pultarova 21 "SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, August 18, 2021 https://www.space.com/spacex-starlink-satellite-collision-alerts-on-the-rise SM SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says
AND
be and what it is going to do in the next few days."
LEO collisions due to constellations take out ISR and other military assets – debris cascades into different altitudes and triggers Kessler Syndrome.
Wong 19 "Congested Outer Space: Increased Deployment of Small Satellite Constellations Could Hamper Military Space Operations" 2019 Arthur Wong ~Strategic Development of Forces Division, SHAPE. Prior to working at SHAPE he has worked at NATO HQ, within the Defence Investment Division on interoperability for NATO’s multinational battlegroups.~ https://www.japcc.org/congested-outer-space/ SM Since the production of a large number of small satellites in a factory environment will
AND
it is expected to stay in orbit for the next 150 years.21
Collisions with early warning satellites causes miscalc and goes nuclear – magnified by the Kessler effect
Blatt 20 ~Talia, joint concentration in Social Studies and Integrative Biology at Harvard, specialization in East Asian geopolitics and security issues~ "Anti-Satellite Weapons and the Emerging Space Arms Race," Harvard International Review, May 26, 2020, https://hir.harvard.edu/anti-satellite-weapons-and-the-emerging-space-arms-race/ TG Despite their deterrent functions, ASATs are more likely to provoke or exacerbate conflicts than
AND
and its allies do not want China to successfully close off the region.
Constellations couldn’t support more than 1 user for every 10 km2 – only useful in extremely remote areas.
Ogutu and Oughton 21 "A Techno-Economic Cost Framework for Satellite Networks Applied to Low Earth Orbit Constellations: Assessing Starlink, OneWeb and Kuiper" Osoro B. Ogutu and Edward J. Oughton ~O. Ogutu is with the Department of Geography and Geoinformation Science, George Mason University; E. Oughton is an assistant professor with the Department of Geography and Geoinformation Science, George Mason University~ August 2021 https://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=9568932 SM At maximum network density, each Starlink satellite covers approximately 101,000 km2,
AND
Starlink, OneWeb and Kuiper respectively in the busiest hour of the day.
Independently causes cyberwar and satellite hacking which escalates.
areas like cybersecurity that are secondary to actually getting these satellites in space.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Adv – Space Militarization
Desire to protect profitable LEO constellations leads states to militarize outer space—specifically with ASATs.
Bernat 19 "The Inevitability of Militarization of Outer Space" Pawel Bernat ~Assistant Professor, Polish Air Force University~ Safety and Defense 5(1) (2019) 49–54 https://philarchive.org/archive/BERTIO-52 SM Currently, the dominant interpretations of this article argue that the placement of conventional weapons
AND
, will gain have access to them (Bernat, Posluszna, 2018).
China, Russia, and the US are developing dual use co-orbital ASATs that can stalk and attack other satellites using rendezvous and proximity operations – they make miscalculation highly likely
Chow ’17 - independent policy analyst with over 25 years as a senior physical scientist specializing in space and national security. He holds a PhD in physics from Case Western Reserve University and an MBA with distinction and PhD in finance from the University of Michigan. Brian G Chow, "Stalkers in Space: Defeating the Threat," Strategic Studies Quarterly 11, no. 2 (Summer 2017): 82-116, https://www.airuniversity.af.edu/Portals/10/SSQ/documents/Volume-11'Issue-2/Chow.pdf. Abstract Since 2008, China has been developing a new co-orbital antisatellite
AND
measures for US response are essentially the same for both China and Russia.
Unknown legal thresholds for escalation make inadvertent escalation highly likely
MacDonald ’18 – senior director of the Nonproliferation and Arms Control Project with the Center for Conflict Analysis and Prevention, Adjunct Lecturer at Johns Hopkins School of Advanced International Studies. Bruce MacDonald, "Chapter 2. Space and Escalation" in Outer Space; Earthly Escalation? Chinese Perspectives on Space Operations and Escalation, A Strategic Multilayer Assessment (SMA) Periodic Publication, August 2018, https://nsiteam.com/social/wp-content/uploads/2018/08/SMA-White-Paper'Chinese-Persepectives-on-Space'-Aug-2018.pdf Another dimension of the problem is the issue of the scale of the attack,
AND
potentially hostile acts—or in fact be used to commit hostile acts.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
FW – Normal
Thus, the standard is consistency with hedonic act utilitarianism.
Prefer additionally:
1~ Actor specificity –
A~ Aggregation – every policy benefits some and harms others, which also means side constraints freeze action.
B~ No intent-foresight distinction – If we foresee a consequence, then it becomes part of our deliberation which makes it intrinsic to our action since we intend it to happen.
===Method===
Evaluate the plan before discourse—-focusing on their theory and requiring the Aff to defend every assumption collapses global progress
David A. Lake 14. University of California, San Diego, USA. "Theory is dead, long live theory: The end of the Great Debates and the rise of eclecticism in International Relations." European Journal of International Relations 19(3) 567–587 More important, as Kuhn (1970) first argued, progress is only possible
AND
but theory — in the plural — lives. Long may they reign.
I affirm: The appropriation of outer space by private entities via Large Satellite Constellations in Lower Earth Orbit is unjust.
Takaya et al 18 "The Principle of Non-Appropriation and the Exclusive Uses of LEO by Large Satellite Constellations" Yuri Takaya-Umehara ~Visiting researcher at the University of Tokyo since April 2017. She was affiliated to the Kobe University to provide a course on space law to post-graduate students (2011-2017). She chairs a working group on the formulation of global norms in space law organized by the Keio University since 2018. She obtained her Ph.D. degree at the IDEST of Paris XI University in France, LL.M. at the Leiden University in the Netherlands.~ Quentin Verspieren ~Ph.D. in public policy @ The University of Tokyo, Assistant Professor of Space Policy @UTokyo, General Manager, Global Strategy @ArkEdge Space Inc., Associate Research Fellow @ESPI~ Goutham Karthikeyan ~The University of Tokyo and Institute of Space and Astronautical Science, Japan Aerospace Exploration Agency (ISAS-JAXA)~ 2018 https://www.researchgate.net/publication/328094878'The'Principle'of'Non-Appropriation'and'the'Exclusive'Use'of'LEO'by'Large'Satellite'Constellations SM LSC = large satellite constellations Outlines "L"SC thresholds By investigating
AND
and in translating such definition into a clear regulation or code of conduct.
Privatization is driving uncontrolled satellite internet constellations that profit at the expense of cooperation and sustainability – perpetuates internet inequality.
Song and Bloom 20 "Big Tech is leading the new space race. Here's why that's a problem" Steve Song is a Fellow with the Mozilla Foundation where he works to promote policy and regulation that will increase equitable and affordable access to communication in rural and underserved regions of the world. Peter Bloom is a community digital defense activist and the founder and General Coordinator of Rhizomatica, an international non-profit that helps communities build their own communications infrastructure. He is a former Shuttleworth Foundation fellow and was named an Innovator under 35 by MIT Technology Review and appeared on Foreign Policy's 100 Leading Global Thinkers list in 2015. November 14, 2020 https://www.salon.com/2020/11/14/big-tech-is-leading-the-new-space-race-heres-why-thats-a-problem/ SM Big Tech is leading the new space race. Here's why that's a problem
AND
affordable access, but also the process through which people gain that access.
Adv – Collisions
Satellite internet constellations accelerate collision risks – more close encounters and less transparency means bad decisions are inevitable.
Pultarova 21 "SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, August 18, 2021 https://www.space.com/spacex-starlink-satellite-collision-alerts-on-the-rise SM SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says
AND
be and what it is going to do in the next few days."
LEO collisions due to constellations take out ISR and other military assets – debris cascades into different altitudes and triggers Kessler Syndrome.
Wong 19 "Congested Outer Space: Increased Deployment of Small Satellite Constellations Could Hamper Military Space Operations" 2019 Arthur Wong ~Strategic Development of Forces Division, SHAPE. Prior to working at SHAPE he has worked at NATO HQ, within the Defence Investment Division on interoperability for NATO’s multinational battlegroups.~ https://www.japcc.org/congested-outer-space/ SM Since the production of a large number of small satellites in a factory environment will
AND
it is expected to stay in orbit for the next 150 years.21
Collisions with early warning satellites causes miscalc and goes nuclear – magnified by the Kessler effect
Blatt 20 ~Talia, joint concentration in Social Studies and Integrative Biology at Harvard, specialization in East Asian geopolitics and security issues~ "Anti-Satellite Weapons and the Emerging Space Arms Race," Harvard International Review, May 26, 2020, https://hir.harvard.edu/anti-satellite-weapons-and-the-emerging-space-arms-race/ TG Despite their deterrent functions, ASATs are more likely to provoke or exacerbate conflicts than
AND
and its allies do not want China to successfully close off the region.
Independently causes cyberwar and satellite hacking which escalates.
areas like cybersecurity that are secondary to actually getting these satellites in space.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Adv – Ozone
Mega-constellations destroy the ozone layer.
Pultarova 21 "Air pollution from reentering megaconstellation satellites could cause ozone hole 2.0" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, June 7, 2021 https://www.space.com/starlink-satellite-reentry-ozone-depletion-atmosphere SM Aaron Boley — an associate professor of astronomy and astrophysics at the University of British
AND
poised to make the same type of mistake by our use of space."
Ozone hole recovering now but depletion causes extinction.
to limit the amount of ozone-depleting substances belched out by mankind.
FW
This connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.
these circuits contribute to diverse pathologies, including obesity and addiction or RDS.
The standard is consistency with hedonic act utilitarianism
Prefer additionally:
1~ Actor specificity –
A~ Aggregation – every policy benefits some and harms others, which also means side constraints freeze action.
B~ No intent-foresight distinction – If we foresee a consequence, then it becomes part of our deliberation which makes it intrinsic to our action since we intend it to happen.
===Method===
Psychoanalysis pathologizes oppression. There is no single symbolic order. Engaging in politics can create fissures in libidinal investment.
Nancy FRASER 13. Louise Loeb Professor of Political and Social Science and Professor of Philosophy, The New School. Fortunes of Feminism. Verso Books. 140-9. Modified for ableist language. Let me begin by posing two questions: What might a theory of discourse contribute
AND
as Other, but never anything that could count as a social agent.
Evaluate the plan before discourse-
—focusing on their theory and requiring the Aff to defend every assumption collapses global progress
David A. Lake 14. University of California, San Diego, USA. "Theory is dead, long live theory: The end of the Great Debates and the rise of eclecticism in International Relations." European Journal of International Relations 19(3) 567–587 More important, as Kuhn (1970) first argued, progress is only possible
AND
but theory — in the plural — lives. Long may they reign.
Scenario planning is pedagogically valuable—-analyzing how policies might be otherwise and imagining the consequences is vital to critical reflexivity—-deconstructs cognitive biases and flawed ontological assumptions, and empowers creativity and flexibility in thinking and advocacy.
Barma et al. 16. Naazneen Barma, Ph.D. Political Science, UC-Berkeley, Assistant Professor of National Security Affairs, Naval Postgraduate School; Brent Durbin, Ph.D. Political Science, UC-Berkeley, Professor of Government, Smith College; Eric Lorber, J.D. UPenn, Ph.D. Political Science, Duke, Gibson, Dunn and Crutcher; Rachel Whitlark, Ph.D. Political Science, GWU, Post-Doctoral Research Fellow, Project on Managing the Atom and International Security Program within the Belfer Center for Science and International Affairs at Harvard; "‘Imagine a World in Which’: Using Scenarios in Political Science," International Studies Perspectives, 17(2), p.1-19, http://www.naazneenbarma.com/uploads/2/9/6/9/29695681/using'scenarios'in'political'science'isp'2015.pdf Over the past decade, the "cult of irrelevance" in political science scholarship
AND
analysts from anticipating and understanding the pivotal junctures that arise in international affairs.
1/30/22
JF - AC - Large Satellites v4
Tournament: Harvard Westlake Debates | Round: 1 | Opponent: Harker DV | Judge: Andrew Gong
1AC
Plan
I affirm: The appropriation of outer space by private entities via Large Satellite Constellations in Lower Earth Orbit is unjust.
Takaya et al 18 "The Principle of Non-Appropriation and the Exclusive Uses of LEO by Large Satellite Constellations" Yuri Takaya-Umehara ~Visiting researcher at the University of Tokyo since April 2017. She was affiliated to the Kobe University to provide a course on space law to post-graduate students (2011-2017). She chairs a working group on the formulation of global norms in space law organized by the Keio University since 2018. She obtained her Ph.D. degree at the IDEST of Paris XI University in France, LL.M. at the Leiden University in the Netherlands.~ Quentin Verspieren ~Ph.D. in public policy @ The University of Tokyo, Assistant Professor of Space Policy @UTokyo, General Manager, Global Strategy @ArkEdge Space Inc., Associate Research Fellow @ESPI~ Goutham Karthikeyan ~The University of Tokyo and Institute of Space and Astronautical Science, Japan Aerospace Exploration Agency (ISAS-JAXA)~ 2018 https://www.researchgate.net/publication/328094878'The'Principle'of'Non-Appropriation'and'the'Exclusive'Use'of'LEO'by'Large'Satellite'Constellations SM LSC = large satellite constellations Outlines "L"SC thresholds By investigating
AND
and in translating such definition into a clear regulation or code of conduct.
Privatization is driving uncontrolled satellite internet constellations that profit at the expense of cooperation and sustainability – perpetuates internet inequality.
Song and Bloom 20 "Big Tech is leading the new space race. Here's why that's a problem" Steve Song is a Fellow with the Mozilla Foundation where he works to promote policy and regulation that will increase equitable and affordable access to communication in rural and underserved regions of the world. Peter Bloom is a community digital defense activist and the founder and General Coordinator of Rhizomatica, an international non-profit that helps communities build their own communications infrastructure. He is a former Shuttleworth Foundation fellow and was named an Innovator under 35 by MIT Technology Review and appeared on Foreign Policy's 100 Leading Global Thinkers list in 2015. November 14, 2020 https://www.salon.com/2020/11/14/big-tech-is-leading-the-new-space-race-heres-why-thats-a-problem/ SM Big Tech is leading the new space race. Here's why that's a problem
AND
affordable access, but also the process through which people gain that access.
Adv – Collisions
Satellite internet constellations accelerate collision risks – more close encounters and less transparency means bad decisions are inevitable.
Pultarova 21 "SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, August 18, 2021 https://www.space.com/spacex-starlink-satellite-collision-alerts-on-the-rise SM SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says
AND
be and what it is going to do in the next few days."
LEO collisions due to constellations take out ISR and other military assets – debris cascades into different altitudes and triggers Kessler Syndrome.
Wong 19 "Congested Outer Space: Increased Deployment of Small Satellite Constellations Could Hamper Military Space Operations" 2019 Arthur Wong ~Strategic Development of Forces Division, SHAPE. Prior to working at SHAPE he has worked at NATO HQ, within the Defence Investment Division on interoperability for NATO’s multinational battlegroups.~ https://www.japcc.org/congested-outer-space/ SM Since the production of a large number of small satellites in a factory environment will
AND
it is expected to stay in orbit for the next 150 years.21
Collisions with early warning satellites causes miscalc and goes nuclear – magnified by the Kessler effect
Blatt 20 ~Talia, joint concentration in Social Studies and Integrative Biology at Harvard, specialization in East Asian geopolitics and security issues~ "Anti-Satellite Weapons and the Emerging Space Arms Race," Harvard International Review, May 26, 2020, https://hir.harvard.edu/anti-satellite-weapons-and-the-emerging-space-arms-race/ TG Despite their deterrent functions, ASATs are more likely to provoke or exacerbate conflicts than
AND
and its allies do not want China to successfully close off the region.
Independently causes cyberwar and satellite hacking which escalates.
areas like cybersecurity that are secondary to actually getting these satellites in space.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Squo debris is goldilocks – current orbital debris deters space aggression, but adding more generates more risk than reward
Miller 21 ~Gregory D., PhD PSci from Ohio State University, Prof and Chair of Dept of Spacepower and Director of Space Scholars program at Air Command and Staff College~. "Deterrence by Debris: The Downside to Cleaning up Space." Space Policy, Vol 58, Nov 2021, https://doi.org/10.1016/j.spacepol.2021.101447 TG The danger of kinetic strikes increasing orbital debris is a common theme in the literature
AND
more states develop space capabilities and as states develop more nonkinetic ASAT capabilities.
Adv – Space Militarization
Desire to protect profitable LEO constellations leads states to militarize outer space—specifically with ASATs.
Bernat 19 "The Inevitability of Militarization of Outer Space" Pawel Bernat ~Assistant Professor, Polish Air Force University~ Safety and Defense 5(1) (2019) 49–54 https://philarchive.org/archive/BERTIO-52 SM Currently, the dominant interpretations of this article argue that the placement of conventional weapons
AND
, will gain have access to them (Bernat, Posluszna, 2018).
China, Russia, and the US are developing dual use co-orbital ASATs that can stalk and attack other satellites using rendezvous and proximity operations – they make miscalculation highly likely
Chow ’17 - independent policy analyst with over 25 years as a senior physical scientist specializing in space and national security. He holds a PhD in physics from Case Western Reserve University and an MBA with distinction and PhD in finance from the University of Michigan. Brian G Chow, "Stalkers in Space: Defeating the Threat," Strategic Studies Quarterly 11, no. 2 (Summer 2017): 82-116, https://www.airuniversity.af.edu/Portals/10/SSQ/documents/Volume-11'Issue-2/Chow.pdf. Abstract Since 2008, China has been developing a new co-orbital antisatellite
AND
measures for US response are essentially the same for both China and Russia.
Space is offense dominant which structurally increases first strike and use or lose pressures – only the plan restores crisis stability
Grego ’18 – senior scientist in the Global Security Program at the Union of Concerned Scientists, PhD in experimental physics at the California Institute of Technology. Laura Grego, "Space and Crisis Stability," Union of Concerned Scientists, March 19, 2018, https://www.law.upenn.edu/live/files/7804-grego-space-and-crisis-stabilitypdf Why crisis stability? For the foreseeable future, military tensions between the United
AND
less than early stages of an all-out assault on US interests.
Unknown legal thresholds for escalation make inadvertent escalation highly likely
MacDonald ’18 – senior director of the Nonproliferation and Arms Control Project with the Center for Conflict Analysis and Prevention, Adjunct Lecturer at Johns Hopkins School of Advanced International Studies. Bruce MacDonald, "Chapter 2. Space and Escalation" in Outer Space; Earthly Escalation? Chinese Perspectives on Space Operations and Escalation, A Strategic Multilayer Assessment (SMA) Periodic Publication, August 2018, https://nsiteam.com/social/wp-content/uploads/2018/08/SMA-White-Paper'Chinese-Persepectives-on-Space'-Aug-2018.pdf Another dimension of the problem is the issue of the scale of the attack,
AND
potentially hostile acts—or in fact be used to commit hostile acts.
Adv – Ozone
Mega-constellations destroy the ozone layer.
Pultarova 21 "Air pollution from reentering megaconstellation satellites could cause ozone hole 2.0" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, June 7, 2021 https://www.space.com/starlink-satellite-reentry-ozone-depletion-atmosphere SM Aaron Boley — an associate professor of astronomy and astrophysics at the University of British
AND
poised to make the same type of mistake by our use of space."
Ozone hole recovering now but depletion causes extinction.
to limit the amount of ozone-depleting substances belched out by mankind.
FW – Normal
Thus, the standard is consistency with hedonic act utilitarianism.
1/15/22
JF - AC - Large Satellites v5
Tournament: Peninsula Invitational | Round: 6 | Opponent: Catonsville AT | Judge: Lawrence Zhou
1AC
Plan
Plan: Private entities ought not appropriate outer space via Large Satellite Constellations in Lower Earth Orbit
Takaya et al 18 "The Principle of Non-Appropriation and the Exclusive Uses of LEO by Large Satellite Constellations" Yuri Takaya-Umehara ~Visiting researcher at the University of Tokyo since April 2017. She was affiliated to the Kobe University to provide a course on space law to post-graduate students (2011-2017). She chairs a working group on the formulation of global norms in space law organized by the Keio University since 2018. She obtained her Ph.D. degree at the IDEST of Paris XI University in France, LL.M. at the Leiden University in the Netherlands.~ Quentin Verspieren ~Ph.D. in public policy @ The University of Tokyo, Assistant Professor of Space Policy @UTokyo, General Manager, Global Strategy @ArkEdge Space Inc., Associate Research Fellow @ESPI~ Goutham Karthikeyan ~The University of Tokyo and Institute of Space and Astronautical Science, Japan Aerospace Exploration Agency (ISAS-JAXA)~ 2018 https://www.researchgate.net/publication/328094878'The'Principle'of'Non-Appropriation'and'the'Exclusive'Use'of'LEO'by'Large'Satellite'Constellations SM LSC = large satellite constellations Outlines "L"SC thresholds By investigating
AND
and in translating such definition into a clear regulation or code of conduct.
Privatization is driving uncontrolled satellite internet constellations that profit at the expense of cooperation and sustainability – perpetuates internet inequality.
Song and Bloom 20 "Big Tech is leading the new space race. Here's why that's a problem" Steve Song is a Fellow with the Mozilla Foundation where he works to promote policy and regulation that will increase equitable and affordable access to communication in rural and underserved regions of the world. Peter Bloom is a community digital defense activist and the founder and General Coordinator of Rhizomatica, an international non-profit that helps communities build their own communications infrastructure. He is a former Shuttleworth Foundation fellow and was named an Innovator under 35 by MIT Technology Review and appeared on Foreign Policy's 100 Leading Global Thinkers list in 2015. November 14, 2020 https://www.salon.com/2020/11/14/big-tech-is-leading-the-new-space-race-heres-why-thats-a-problem/ SM Big Tech is leading the new space race. Here's why that's a problem
AND
globalization and inequality can now be seen in almost every aspect of life.
Constellations couldn’t support more than 1 user for every 10 km2 – only useful in extremely remote areas.
Ogutu and Oughton 21 "A Techno-Economic Cost Framework for Satellite Networks Applied to Low Earth Orbit Constellations: Assessing Starlink, OneWeb and Kuiper" Osoro B. Ogutu and Edward J. Oughton ~O. Ogutu is with the Department of Geography and Geoinformation Science, George Mason University; E. Oughton is an assistant professor with the Department of Geography and Geoinformation Science, George Mason University~ August 2021 https://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=9568932 SM At maximum network density, each Starlink satellite covers approximately 101,000 km2,
AND
Starlink, OneWeb and Kuiper respectively in the busiest hour of the day.
Starlink trades off with more effective fiber optic internet – cost is the biggest barrier, not physical capability.
deploy…~Satellite internet~ doesn’t scale as favorably as wired broadband does.
Adv – Collisions
Satellite internet constellations accelerate collision risks – more close encounters and less transparency means bad decisions are inevitable.
Pultarova 21 "SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, August 18, 2021 https://www.space.com/spacex-starlink-satellite-collision-alerts-on-the-rise SM SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says
AND
be and what it is going to do in the next few days."
LEO collisions due to constellations take out ISR and other military assets – debris cascades into different altitudes and triggers Kessler Syndrome.
Wong 19 "Congested Outer Space: Increased Deployment of Small Satellite Constellations Could Hamper Military Space Operations" 2019 Arthur Wong ~Strategic Development of Forces Division, SHAPE. Prior to working at SHAPE he has worked at NATO HQ, within the Defence Investment Division on interoperability for NATO’s multinational battlegroups.~ https://www.japcc.org/congested-outer-space/ SM Since the production of a large number of small satellites in a factory environment will
AND
it is expected to stay in orbit for the next 150 years.21
Collisions with early warning satellites causes miscalc and goes nuclear – magnified by the Kessler effect
Blatt 20 ~Talia, joint concentration in Social Studies and Integrative Biology at Harvard, specialization in East Asian geopolitics and security issues~ "Anti-Satellite Weapons and the Emerging Space Arms Race," Harvard International Review, May 26, 2020, https://hir.harvard.edu/anti-satellite-weapons-and-the-emerging-space-arms-race/ TG Despite their deterrent functions, ASATs are more likely to provoke or exacerbate conflicts than
AND
and its allies do not want China to successfully close off the region.
Independently causes cyberwar and satellite hacking which escalates.
areas like cybersecurity that are secondary to actually getting these satellites in space.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Adv – Space Militarization
Desire to protect profitable LEO constellations leads states to militarize outer space—specifically with ASATs.
Bernat 19 "The Inevitability of Militarization of Outer Space" Pawel Bernat ~Assistant Professor, Polish Air Force University~ Safety and Defense 5(1) (2019) 49–54 https://philarchive.org/archive/BERTIO-52 SM Currently, the dominant interpretations of this article argue that the placement of conventional weapons
AND
, will gain have access to them (Bernat, Posluszna, 2018).
China, Russia, and the US are developing dual use co-orbital ASATs that can stalk and attack other satellites using rendezvous and proximity operations – they make miscalculation highly likely
Chow ’17 - independent policy analyst with over 25 years as a senior physical scientist specializing in space and national security. He holds a PhD in physics from Case Western Reserve University and an MBA with distinction and PhD in finance from the University of Michigan. Brian G Chow, "Stalkers in Space: Defeating the Threat," Strategic Studies Quarterly 11, no. 2 (Summer 2017): 82-116, https://www.airuniversity.af.edu/Portals/10/SSQ/documents/Volume-11'Issue-2/Chow.pdf. Abstract Since 2008, China has been developing a new co-orbital antisatellite
AND
measures for US response are essentially the same for both China and Russia.
Space is offense dominant which structurally increases first strike and use or lose pressures – only the plan restores crisis stability
Grego ’18 – senior scientist in the Global Security Program at the Union of Concerned Scientists, PhD in experimental physics at the California Institute of Technology. Laura Grego, "Space and Crisis Stability," Union of Concerned Scientists, March 19, 2018, https://www.law.upenn.edu/live/files/7804-grego-space-and-crisis-stabilitypdf Why crisis stability? For the foreseeable future, military tensions between the United
AND
less than early stages of an all-out assault on US interests.
Unknown legal thresholds for escalation make inadvertent escalation highly likely
MacDonald ’18 – senior director of the Nonproliferation and Arms Control Project with the Center for Conflict Analysis and Prevention, Adjunct Lecturer at Johns Hopkins School of Advanced International Studies. Bruce MacDonald, "Chapter 2. Space and Escalation" in Outer Space; Earthly Escalation? Chinese Perspectives on Space Operations and Escalation, A Strategic Multilayer Assessment (SMA) Periodic Publication, August 2018, https://nsiteam.com/social/wp-content/uploads/2018/08/SMA-White-Paper'Chinese-Persepectives-on-Space'-Aug-2018.pdf Another dimension of the problem is the issue of the scale of the attack,
AND
potentially hostile acts—or in fact be used to commit hostile acts.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
FW
The standard is consistency with hedonic act utilitarianism.
Actor specificity –
A~ Aggregation – every policy benefits some and harms others, which also means side constraints freeze action.
B~ No intent-foresight distinction – If we foresee a consequence, then it becomes part of our deliberation which makes it intrinsic to our action since we intend it to happen.
Method
Evaluate the plan before discourse—-focusing on their theory and requiring the Aff to defend every assumption collapses global progress
David A. Lake 14. University of California, San Diego, USA. "Theory is dead, long live theory: The end of the Great Debates and the rise of eclecticism in International Relations." European Journal of International Relations 19(3) 567–587 More important, as Kuhn (1970) first argued, progress is only possible
AND
of the world. Just wait long enough. Stranger things will happen.¶
1/23/22
JF - AC - Large Satellites v6
Tournament: Peninsula Invitational | Round: Doubles | Opponent: Stockdale RP | Judge: Ben Cortez, Gordon Krauss, Saketh Kotapati
1AC
Plan
Plan: Private entities ought not appropriate outer space via Large Satellite Constellations in Lower Earth Orbit
To clarify, private entities are the sole actors of the plan – we do not defend a treaty or any alteration of international law Takaya et al 18 "The Principle of Non-Appropriation and the Exclusive Uses
AND
and in translating such definition into a clear regulation or code of conduct.
Privatization is driving uncontrolled satellite internet constellations that profit at the expense of cooperation and sustainability – perpetuates internet inequality.
Song and Bloom 20 "Big Tech is leading the new space race. Here's why that's a problem" Steve Song is a Fellow with the Mozilla Foundation where he works to promote policy and regulation that will increase equitable and affordable access to communication in rural and underserved regions of the world. Peter Bloom is a community digital defense activist and the founder and General Coordinator of Rhizomatica, an international non-profit that helps communities build their own communications infrastructure. He is a former Shuttleworth Foundation fellow and was named an Innovator under 35 by MIT Technology Review and appeared on Foreign Policy's 100 Leading Global Thinkers list in 2015. November 14, 2020 https://www.salon.com/2020/11/14/big-tech-is-leading-the-new-space-race-heres-why-thats-a-problem/ SM Big Tech is leading the new space race. Here's why that's a problem
AND
affordable access, but also the process through which people gain that access.
Constellations couldn’t support more than 1 user for every 10 km2 – only useful in extremely remote areas.
Ogutu and Oughton 21 "A Techno-Economic Cost Framework for Satellite Networks Applied to Low Earth Orbit Constellations: Assessing Starlink, OneWeb and Kuiper" Osoro B. Ogutu and Edward J. Oughton ~O. Ogutu is with the Department of Geography and Geoinformation Science, George Mason University; E. Oughton is an assistant professor with the Department of Geography and Geoinformation Science, George Mason University~ August 2021 https://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=9568932 SM At maximum network density, each Starlink satellite covers approximately 101,000 km2,
AND
Starlink, OneWeb and Kuiper respectively in the busiest hour of the day.
Starlink trades off with more effective fiber optic internet – cost is the biggest barrier, not physical capability.
deploy…~Satellite internet~ doesn’t scale as favorably as wired broadband does.
Adv – Collisions
Satellite internet constellations accelerate collision risks – more close encounters and less transparency means bad decisions are inevitable.
Pultarova 21 "SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, August 18, 2021 https://www.space.com/spacex-starlink-satellite-collision-alerts-on-the-rise SM SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says
AND
be and what it is going to do in the next few days."
LEO collisions due to constellations take out ISR and other military assets – debris cascades into different altitudes and triggers Kessler Syndrome.
Wong 19 "Congested Outer Space: Increased Deployment of Small Satellite Constellations Could Hamper Military Space Operations" 2019 Arthur Wong ~Strategic Development of Forces Division, SHAPE. Prior to working at SHAPE he has worked at NATO HQ, within the Defence Investment Division on interoperability for NATO’s multinational battlegroups.~ https://www.japcc.org/congested-outer-space/ SM Since the production of a large number of small satellites in a factory environment will
AND
it is expected to stay in orbit for the next 150 years.21
Collisions with early warning satellites causes miscalc and goes nuclear – magnified by the Kessler effect
Blatt 20 ~Talia, joint concentration in Social Studies and Integrative Biology at Harvard, specialization in East Asian geopolitics and security issues~ "Anti-Satellite Weapons and the Emerging Space Arms Race," Harvard International Review, May 26, 2020, https://hir.harvard.edu/anti-satellite-weapons-and-the-emerging-space-arms-race/ TG Despite their deterrent functions, ASATs are more likely to provoke or exacerbate conflicts than
AND
and its allies do not want China to successfully close off the region.
Independently causes cyberwar and satellite hacking which escalates.
areas like cybersecurity that are secondary to actually getting these satellites in space.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Adv – Astronomy
Constellations sabotage modern astronomy – tweaks like DarkSats don’t solve. That guts asteroid detection and preparedness.
-Reed. "It’s just the sheer numbers that are worrying me."
Asteroids threats are existential – increasingly likely
Spencer ’18 - senior editor for Salon. He manages Salon's science, tech, economy and health coverageKeith Spencer, "The Asteroids Most Likely to Hit Earth," Salon, January 14, 2018, https://www.salon.com/2018/01/14/the-asteroids-most-likely-to-hit-earth/. Like earthquakes and volcanoes, the most frightening thing about asteroid strikes is their inevitability
AND
which are actually quite simple if done far enough in advance of impact.
Adv – Ozone
Mega-constellations destroy the ozone layer.
Pultarova 21 "Air pollution from reentering megaconstellation satellites could cause ozone hole 2.0" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, June 7, 2021 https://www.space.com/starlink-satellite-reentry-ozone-depletion-atmosphere SM Aaron Boley — an associate professor of astronomy and astrophysics at the University of British
AND
poised to make the same type of mistake by our use of space."
Ozone hole recovering now but depletion causes extinction.
to limit the amount of ozone-depleting substances belched out by mankind.
FW
The introspective connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.
these circuits contribute to diverse pathologies, including obesity and addiction or RDS.
Evolution proves the reliability of phenomenal introspection – when we introspect on data from our eyes or ears, such as whether one sees or smells food or a predator, we use the same part of the brain that introspects on hedonic tones and identifies their moral relevance.
Thus, the standard is consistency with hedonic act utilitarianism.
Evaluate the plan before discourse—
David A. Lake 14. University of California, San Diego, USA. "Theory is dead, long live theory: The end of the Great Debates and the rise of eclecticism in International Relations." European Journal of International Relations 19(3) 567–587 More important, as Kuhn (1970) first argued, progress is only possible
AND
but theory — in the plural — lives. Long may they reign.
Focus on large scale catastrophes is good and they outweigh – appeals to social costs, moral rules, and securitization play into cognitive bias and flawed risk calculus – 2020 is living proof
Weber 20 (ELKE U. WEBER is Gerhard R. Andlinger Professor in Energy and the Environment and Professor of Psychology and Public Affairs at Princeton University.), November-December 2020 Issue, "Heads in the Sand," Foreign Affairs, https://www.foreignaffairs.com/articles/2020-10-13/heads-sand mvp We are living in a time of crisis. From the immediate challenge of the
AND
to dislodge it, even when cost-benefit analysis argues for change.
1/28/22
JF - AC - Large Satellites v7
Tournament: Peninsula Invitational | Round: Octas | Opponent: Orange Lutheran AZ | Judge: Nathan Russell, Madeleine Conrad-Mogin, Annabelle Long
1AC
Plan
Plan: Private entities ought not appropriate outer space via Large Satellite Constellations in Lower Earth Orbit
Takaya et al 18 "The Principle of Non-Appropriation and the Exclusive Uses of LEO by Large Satellite Constellations" Yuri Takaya-Umehara ~Visiting researcher at the University of Tokyo since April 2017. She was affiliated to the Kobe University to provide a course on space law to post-graduate students (2011-2017). She chairs a working group on the formulation of global norms in space law organized by the Keio University since 2018. She obtained her Ph.D. degree at the IDEST of Paris XI University in France, LL.M. at the Leiden University in the Netherlands.~ Quentin Verspieren ~Ph.D. in public policy @ The University of Tokyo, Assistant Professor of Space Policy @UTokyo, General Manager, Global Strategy @ArkEdge Space Inc., Associate Research Fellow @ESPI~ Goutham Karthikeyan ~The University of Tokyo and Institute of Space and Astronautical Science, Japan Aerospace Exploration Agency (ISAS-JAXA)~ 2018 https://www.researchgate.net/publication/328094878'The'Principle'of'Non-Appropriation'and'the'Exclusive'Use'of'LEO'by'Large'Satellite'Constellations SM LSC = large satellite constellations Outlines "L"SC thresholds By investigating
AND
and in translating such definition into a clear regulation or code of conduct.
Privatization is driving uncontrolled satellite internet constellations that profit at the expense of cooperation and sustainability – perpetuates internet inequality.
Song and Bloom 20 "Big Tech is leading the new space race. Here's why that's a problem" Steve Song is a Fellow with the Mozilla Foundation where he works to promote policy and regulation that will increase equitable and affordable access to communication in rural and underserved regions of the world. Peter Bloom is a community digital defense activist and the founder and General Coordinator of Rhizomatica, an international non-profit that helps communities build their own communications infrastructure. He is a former Shuttleworth Foundation fellow and was named an Innovator under 35 by MIT Technology Review and appeared on Foreign Policy's 100 Leading Global Thinkers list in 2015. November 14, 2020 https://www.salon.com/2020/11/14/big-tech-is-leading-the-new-space-race-heres-why-thats-a-problem/ SM Big Tech is leading the new space race. Here's why that's a problem
AND
affordable access, but also the process through which people gain that access.
Constellations couldn’t support more than 1 user for every 10 km2 – only useful in extremely remote areas.
Ogutu and Oughton 21 "A Techno-Economic Cost Framework for Satellite Networks Applied to Low Earth Orbit Constellations: Assessing Starlink, OneWeb and Kuiper" Osoro B. Ogutu and Edward J. Oughton ~O. Ogutu is with the Department of Geography and Geoinformation Science, George Mason University; E. Oughton is an assistant professor with the Department of Geography and Geoinformation Science, George Mason University~ August 2021 https://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=9568932 SM At maximum network density, each Starlink satellite covers approximately 101,000 km2,
AND
Starlink, OneWeb and Kuiper respectively in the busiest hour of the day.
Starlink trades off with more effective fiber optic internet – cost is the biggest barrier, not physical capability.
deploy…~Satellite internet~ doesn’t scale as favorably as wired broadband does.
Adv – Collisions
Satellite internet constellations accelerate collision risks – more close encounters and less transparency means bad decisions are inevitable.
Pultarova 21 "SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, August 18, 2021 https://www.space.com/spacex-starlink-satellite-collision-alerts-on-the-rise SM SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says
AND
be and what it is going to do in the next few days."
LEO collisions due to constellations take out ISR and other military assets – debris cascades into different altitudes and triggers Kessler Syndrome.
Wong 19 "Congested Outer Space: Increased Deployment of Small Satellite Constellations Could Hamper Military Space Operations" 2019 Arthur Wong ~Strategic Development of Forces Division, SHAPE. Prior to working at SHAPE he has worked at NATO HQ, within the Defence Investment Division on interoperability for NATO’s multinational battlegroups.~ https://www.japcc.org/congested-outer-space/ SM Since the production of a large number of small satellites in a factory environment will
AND
it is expected to stay in orbit for the next 150 years.21
Collisions with early warning satellites causes miscalc and goes nuclear – magnified by the Kessler effect
Blatt 20 ~Talia, joint concentration in Social Studies and Integrative Biology at Harvard, specialization in East Asian geopolitics and security issues~ "Anti-Satellite Weapons and the Emerging Space Arms Race," Harvard International Review, May 26, 2020, https://hir.harvard.edu/anti-satellite-weapons-and-the-emerging-space-arms-race/ TG Despite their deterrent functions, ASATs are more likely to provoke or exacerbate conflicts than
AND
and its allies do not want China to successfully close off the region.
Independently causes cyberwar and satellite hacking which escalates.
areas like cybersecurity that are secondary to actually getting these satellites in space.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Adv – Sino-India
China backlash to Starlink escalate tensions and repression – causes Sino-Indian war
Goodwins 21 "Starlink's latent China crisis could spark a whole new world of warcraft" Rupert Goodwins ~British writer, broadcaster and technology journalist, Executive Editor @ ZDNet UK~, March 15, 2021 https://www.theregister.com/2021/03/15/starlink'china'crisis/ SM Let's skip forward to the end of 2022, when the majority of the 10k
AND
The real shoot-em-ups may be on their way. ®
Sino-India war goes nuclear.
Rachman 20 "Erosion of nuclear deterrence makes India-China relations critical" GIDEON RACHMAN ~Gideon Rachman became chief foreign affairs columnist for the Financial Times in July 2006. He joined the FT after a 15-year career at The Economist, which included spells as a foreign correspondent in Brussels, Washington and Bangkok.~ September 7, 2020 https://www.ft.com/content/311694ac-d1a4-4d92-a850-97e161ad887c SM Erosion of nuclear deterrence makes India-China relations critical Countries with nuclear weapons
AND
the event of an invasion by India that would otherwise lead to defeat.
Adv – Astronomy
Constellations sabotage modern astronomy – tweaks like DarkSats don’t solve. That guts asteroid detection and preparedness.
-Reed. "It’s just the sheer numbers that are worrying me."
Asteroids threats are existential – increasingly likely
Spencer ’18 - senior editor for Salon. He manages Salon's science, tech, economy and health coverageKeith Spencer, "The Asteroids Most Likely to Hit Earth," Salon, January 14, 2018, https://www.salon.com/2018/01/14/the-asteroids-most-likely-to-hit-earth/. Like earthquakes and volcanoes, the most frightening thing about asteroid strikes is their inevitability
AND
which are actually quite simple if done far enough in advance of impact.
Astronomy is key to avert solar flares which are coming now and wreck the grid.
have the opportunity to know when "the big one" is coming.
Grid collapse cascades—-extinction
Alice Friedemann 16. Transportation expert, founder of EnergySkeptic.com and author of "When Trucks Stop Running, Energy and the Future of Transportation," worked at American Presidential Lines for 22 years, where she developed computer systems to coordinate the transit of cargo between ships, rail, trucks, and consumers, citing Dr. Peter Vincent Pry. Pry is executive director of the Task Force on National and Homeland Security, a Congressional advisory board dedicated to achieving protection of the United States from electromagnetic pulse and other threats. Dr. Pry is also the director of the United States Nuclear Strategy Forum, an advisory body to Congress on policies to counter weapons of mass destruction. Dr. Pry has served on the staffs of the Congressional Commission on the Strategic Posture of the United States, the Commission to Assess the Threat to the U.S. from an EMP Attack, the House Armed Services Committee, as an intelligence officer with the CIA, and as a verification analyst at the U.S. Arms Control and Disarmament Agency. (1/24/16, "Electromagnetic pulse threat to infrastructure (U.S. House hearings)" http://energyskeptic.com/2016/the-scariest-u-s-house-session-ever-electromagnetic-pulse-and-the-fall-of-civilization/. Modern civilization cannot exist for a protracted period without electricity. Within days of a
AND
could create anarchic conditions that would profoundly challenge the existence of social order.
Causes nuclear meltdowns—-overcomes resilience and ends civilizations
be halted). Runaway meltdowns would be enough to end things pretty quickly.
FW
The standard is consistency with hedonic act utilitarianism.
The introspective connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.
these circuits contribute to diverse pathologies, including obesity and addiction or RDS.
Evolution proves the reliability of phenomenal introspection – when we introspect on data from our eyes or ears, such as whether one sees or smells food or a predator, we use the same part of the brain that introspects on hedonic tones and identifies their moral relevance.
1/28/22
JF - AC - Large Satellites v8
Tournament: Barkley Forum for High Schools | Round: 2 | Opponent: Coppell RM | Judge: Madeleine Conrad-Mogin
1AC
Plan
Plan: Private entities ought not appropriate outer space via Large Satellite Constellations in Lower Earth Orbit
Takaya et al 18 "The Principle of Non-Appropriation and the Exclusive Uses of LEO by Large Satellite Constellations" Yuri Takaya-Umehara ~Visiting researcher at the University of Tokyo since April 2017. She was affiliated to the Kobe University to provide a course on space law to post-graduate students (2011-2017). She chairs a working group on the formulation of global norms in space law organized by the Keio University since 2018. She obtained her Ph.D. degree at the IDEST of Paris XI University in France, LL.M. at the Leiden University in the Netherlands.~ Quentin Verspieren ~Ph.D. in public policy @ The University of Tokyo, Assistant Professor of Space Policy @UTokyo, General Manager, Global Strategy @ArkEdge Space Inc., Associate Research Fellow @ESPI~ Goutham Karthikeyan ~The University of Tokyo and Institute of Space and Astronautical Science, Japan Aerospace Exploration Agency (ISAS-JAXA)~ 2018 https://www.researchgate.net/publication/328094878'The'Principle'of'Non-Appropriation'and'the'Exclusive'Use'of'LEO'by'Large'Satellite'Constellations SM LSC = large satellite constellations Outlines "L"SC thresholds By investigating
AND
and in translating such definition into a clear regulation or code of conduct.
Privatization is driving uncontrolled satellite internet constellations that profit at the expense of cooperation and sustainability – perpetuates internet inequality.
Song and Bloom 20 "Big Tech is leading the new space race. Here's why that's a problem" Steve Song is a Fellow with the Mozilla Foundation where he works to promote policy and regulation that will increase equitable and affordable access to communication in rural and underserved regions of the world. Peter Bloom is a community digital defense activist and the founder and General Coordinator of Rhizomatica, an international non-profit that helps communities build their own communications infrastructure. He is a former Shuttleworth Foundation fellow and was named an Innovator under 35 by MIT Technology Review and appeared on Foreign Policy's 100 Leading Global Thinkers list in 2015. November 14, 2020 https://www.salon.com/2020/11/14/big-tech-is-leading-the-new-space-race-heres-why-thats-a-problem/ SM Big Tech is leading the new space race. Here's why that's a problem
AND
affordable access, but also the process through which people gain that access.
Adv – Collisions
Satellite internet constellations accelerate collision risks – more close encounters and less transparency means bad decisions are inevitable.
Pultarova 21 "SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, August 18, 2021 https://www.space.com/spacex-starlink-satellite-collision-alerts-on-the-rise SM SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says
AND
be and what it is going to do in the next few days."
LEO collisions due to constellations take out ISR and other military assets – debris cascades into different altitudes and triggers Kessler Syndrome.
Wong 19 "Congested Outer Space: Increased Deployment of Small Satellite Constellations Could Hamper Military Space Operations" 2019 Arthur Wong ~Strategic Development of Forces Division, SHAPE. Prior to working at SHAPE he has worked at NATO HQ, within the Defence Investment Division on interoperability for NATO’s multinational battlegroups.~ https://www.japcc.org/congested-outer-space/ SM Since the production of a large number of small satellites in a factory environment will
AND
it is expected to stay in orbit for the next 150 years.21
Collisions with early warning satellites causes miscalc and goes nuclear – magnified by the Kessler effect
Blatt 20 ~Talia, joint concentration in Social Studies and Integrative Biology at Harvard, specialization in East Asian geopolitics and security issues~ "Anti-Satellite Weapons and the Emerging Space Arms Race," Harvard International Review, May 26, 2020, https://hir.harvard.edu/anti-satellite-weapons-and-the-emerging-space-arms-race/ TG Despite their deterrent functions, ASATs are more likely to provoke or exacerbate conflicts than
AND
and its allies do not want China to successfully close off the region.
Independently causes cyberwar and satellite hacking which escalates.
areas like cybersecurity that are secondary to actually getting these satellites in space.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Adv – Astronomy
Constellations sabotage modern astronomy – tweaks like DarkSats don’t solve. That guts asteroid detection and preparedness.
-Reed. "It’s just the sheer numbers that are worrying me."
Asteroids threats are existential – increasingly likely
Spencer ’18 - senior editor for Salon. He manages Salon's science, tech, economy and health coverageKeith Spencer, "The Asteroids Most Likely to Hit Earth," Salon, January 14, 2018, https://www.salon.com/2018/01/14/the-asteroids-most-likely-to-hit-earth/. Like earthquakes and volcanoes, the most frightening thing about asteroid strikes is their inevitability
AND
which are actually quite simple if done far enough in advance of impact.
Independently, astronomy is key to avert solar flares which are coming now and wreck the grid.
have the opportunity to know when "the big one" is coming.
Grid collapse cascades—-extinction
Alice Friedemann 16. Transportation expert, founder of EnergySkeptic.com and author of "When Trucks Stop Running, Energy and the Future of Transportation," worked at American Presidential Lines for 22 years, where she developed computer systems to coordinate the transit of cargo between ships, rail, trucks, and consumers, citing Dr. Peter Vincent Pry. Pry is executive director of the Task Force on National and Homeland Security, a Congressional advisory board dedicated to achieving protection of the United States from electromagnetic pulse and other threats. Dr. Pry is also the director of the United States Nuclear Strategy Forum, an advisory body to Congress on policies to counter weapons of mass destruction. Dr. Pry has served on the staffs of the Congressional Commission on the Strategic Posture of the United States, the Commission to Assess the Threat to the U.S. from an EMP Attack, the House Armed Services Committee, as an intelligence officer with the CIA, and as a verification analyst at the U.S. Arms Control and Disarmament Agency. (1/24/16, "Electromagnetic pulse threat to infrastructure (U.S. House hearings)" http://energyskeptic.com/2016/the-scariest-u-s-house-session-ever-electromagnetic-pulse-and-the-fall-of-civilization/. Modern civilization cannot exist for a protracted period without electricity. Within days of a
AND
could create anarchic conditions that would profoundly challenge the existence of social order.
Causes nuclear meltdowns—-overcomes resilience and ends civilizations
be halted). Runaway meltdowns would be enough to end things pretty quickly.
FW
The introspective connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.
these circuits contribute to diverse pathologies, including obesity and addiction or RDS.
Evolution proves the reliability of phenomenal introspection – when we introspect on data from our eyes or ears, such as whether one sees or smells food or a predator, we use the same part of the brain that introspects on hedonic tones and identifies their moral relevance.
Thus, the standard is consistency with hedonic act utilitarianism.
No act-omission distinction –
A~ Psychology – choosing to omit is an act itself – governments decide not to act which means being presented with the aff creates a choice between two actions, neither of which is an omission.
B~ Actor specificity – governments are culpable for omissions cuz their purpose is to protect the constituency – otherwise they would have no obligation to make murder illegal. Only util can escape culpability in the instance of tradeoffs – i.e. it resolves the trolley problem cuz a deontological theory would hold you responsible for killing regardless. Actor spec o/w – different agents have different ethical standings that affect their obligations and considerations.
Method
Focus on large scale catastrophes is good and they outweigh –
appeals to social costs, moral rules, and securitization play into cognitive bias and flawed risk calculus – 2020 is living proof
Weber 20 (ELKE U. WEBER is Gerhard R. Andlinger Professor in Energy and the Environment and Professor of Psychology and Public Affairs at Princeton University.), November-December 2020 Issue, "Heads in the Sand," Foreign Affairs, https://www.foreignaffairs.com/articles/2020-10-13/heads-sand mvp We are living in a time of crisis. From the immediate challenge of the
AND
to dislodge it, even when cost-benefit analysis argues for change.
No chance any grab for power succeeds –
leftist hackers get bodied by the NSA – reform is all we’ve got
Fredrik deBoer 16, Limited-Term Lecturer, Introductory Composition at Purdue Program, 3/15/16, "c’mon, guys," http://fredrikdeboer.com/2016/03/15/cmon-guys/ I could be wrong about the short-term dangers, and the stakes are
AND
, unsexy work of building coalitions and asking people to climb on board.
1/28/22
JF - AC - Large Satellites v9
Tournament: Barkley Forum for High Schools | Round: 3 | Opponent: Strake Jesuit JW | Judge: Rishi Mukherjee
1AC
Plan
Plan: Private entities ought not appropriate outer space via Large Satellite Constellations in Lower Earth Orbit
Takaya et al 18 "The Principle of Non-Appropriation and the Exclusive Uses of LEO by Large Satellite Constellations" Yuri Takaya-Umehara ~Visiting researcher at the University of Tokyo since April 2017. She was affiliated to the Kobe University to provide a course on space law to post-graduate students (2011-2017). She chairs a working group on the formulation of global norms in space law organized by the Keio University since 2018. She obtained her Ph.D. degree at the IDEST of Paris XI University in France, LL.M. at the Leiden University in the Netherlands.~ Quentin Verspieren ~Ph.D. in public policy @ The University of Tokyo, Assistant Professor of Space Policy @UTokyo, General Manager, Global Strategy @ArkEdge Space Inc., Associate Research Fellow @ESPI~ Goutham Karthikeyan ~The University of Tokyo and Institute of Space and Astronautical Science, Japan Aerospace Exploration Agency (ISAS-JAXA)~ 2018 https://www.researchgate.net/publication/328094878'The'Principle'of'Non-Appropriation'and'the'Exclusive'Use'of'LEO'by'Large'Satellite'Constellations SM LSC = large satellite constellations Outlines "L"SC thresholds By investigating
AND
and in translating such definition into a clear regulation or code of conduct.
Privatization is driving uncontrolled satellite internet constellations that profit at the expense of cooperation and sustainability – perpetuates internet inequality.
Song and Bloom 20 "Big Tech is leading the new space race. Here's why that's a problem" Steve Song is a Fellow with the Mozilla Foundation where he works to promote policy and regulation that will increase equitable and affordable access to communication in rural and underserved regions of the world. Peter Bloom is a community digital defense activist and the founder and General Coordinator of Rhizomatica, an international non-profit that helps communities build their own communications infrastructure. He is a former Shuttleworth Foundation fellow and was named an Innovator under 35 by MIT Technology Review and appeared on Foreign Policy's 100 Leading Global Thinkers list in 2015. November 14, 2020 https://www.salon.com/2020/11/14/big-tech-is-leading-the-new-space-race-heres-why-thats-a-problem/ SM Big Tech is leading the new space race. Here's why that's a problem
AND
how those are used to competitive advantage in other areas of their businesses.
Constellations couldn’t support more than 1 user for every 10 km2 – only useful in extremely remote areas.
Ogutu and Oughton 21 "A Techno-Economic Cost Framework for Satellite Networks Applied to Low Earth Orbit Constellations: Assessing Starlink, OneWeb and Kuiper" Osoro B. Ogutu and Edward J. Oughton ~O. Ogutu is with the Department of Geography and Geoinformation Science, George Mason University; E. Oughton is an assistant professor with the Department of Geography and Geoinformation Science, George Mason University~ August 2021 https://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=9568932 SM At maximum network density, each Starlink satellite covers approximately 101,000 km2,
AND
Starlink, OneWeb and Kuiper respectively in the busiest hour of the day.
Starlink trades off with more effective fiber optic internet – cost is the biggest barrier, not physical capability.
deploy…~Satellite internet~ doesn’t scale as favorably as wired broadband does.
Adv – Collisions
Satellite internet constellations accelerate collision risks – more close encounters and less transparency means bad decisions are inevitable.
Pultarova 21 "SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says" Tereza Pultarova ~Master's in Science from the International Space University, France, to her Bachelor's in Journalism and Master's in Cultural Anthropology from Prague's Charles University. She worked as a reporter at the Engineering and Technology magazine, freelanced for a range of publications including Live Science, Space.com, Professional Engineering, Via Satellite and Space News and served as a maternity cover science editor at the European Space Agency.~, August 18, 2021 https://www.space.com/spacex-starlink-satellite-collision-alerts-on-the-rise SM SpaceX Starlink satellites responsible for over half of close encounters in orbit, scientist says
AND
be and what it is going to do in the next few days."
LEO collisions due to constellations take out ISR and other military assets – debris cascades into different altitudes and triggers Kessler Syndrome.
Wong 19 "Congested Outer Space: Increased Deployment of Small Satellite Constellations Could Hamper Military Space Operations" 2019 Arthur Wong ~Strategic Development of Forces Division, SHAPE. Prior to working at SHAPE he has worked at NATO HQ, within the Defence Investment Division on interoperability for NATO’s multinational battlegroups.~ https://www.japcc.org/congested-outer-space/ SM Since the production of a large number of small satellites in a factory environment will
AND
it is expected to stay in orbit for the next 150 years.21
Collisions with early warning satellites causes miscalc and goes nuclear – magnified by the Kessler effect
Blatt 20 ~Talia, joint concentration in Social Studies and Integrative Biology at Harvard, specialization in East Asian geopolitics and security issues~ "Anti-Satellite Weapons and the Emerging Space Arms Race," Harvard International Review, May 26, 2020, https://hir.harvard.edu/anti-satellite-weapons-and-the-emerging-space-arms-race/ TG Despite their deterrent functions, ASATs are more likely to provoke or exacerbate conflicts than
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and its allies do not want China to successfully close off the region.
Independently causes cyberwar and satellite hacking which escalates.
areas like cybersecurity that are secondary to actually getting these satellites in space.
Interconnectedness and surface area
Graczyk et al 21, Rafal, Paulo Esteves-Verissimo, and Marcus Voelp. "Sanctuary lost: a cyber-physical warfare in space." arXiv preprint arXiv:2110.05878 (2021). (University of Luxembourg, Interdisciplinary Center for Security, Reliability and Trust (SnT) - CritiX group)Elmer NewSpace is on course of enabling satellites to become interconnected, creating orbital networks with
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37~, and most likely will become even more significant in the future.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
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two nuclear powers would stay limited to these smaller, less destructive bombs.
Adv – Astronomy
Constellations sabotage modern astronomy – tweaks like DarkSats don’t solve. That guts asteroid detection and preparedness.
-Reed. "It’s just the sheer numbers that are worrying me."
Asteroids threats are existential – increasingly likely
Spencer ’18 - senior editor for Salon. He manages Salon's science, tech, economy and health coverageKeith Spencer, "The Asteroids Most Likely to Hit Earth," Salon, January 14, 2018, https://www.salon.com/2018/01/14/the-asteroids-most-likely-to-hit-earth/. Like earthquakes and volcanoes, the most frightening thing about asteroid strikes is their inevitability
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which are actually quite simple if done far enough in advance of impact.
Independently, astronomy is key to avert solar flares which are coming now and wreck the grid.
have the opportunity to know when "the big one" is coming.
Grid collapse cascades—-extinction
Alice Friedemann 16. Transportation expert, founder of EnergySkeptic.com and author of "When Trucks Stop Running, Energy and the Future of Transportation," worked at American Presidential Lines for 22 years, where she developed computer systems to coordinate the transit of cargo between ships, rail, trucks, and consumers, citing Dr. Peter Vincent Pry. Pry is executive director of the Task Force on National and Homeland Security, a Congressional advisory board dedicated to achieving protection of the United States from electromagnetic pulse and other threats. Dr. Pry is also the director of the United States Nuclear Strategy Forum, an advisory body to Congress on policies to counter weapons of mass destruction. Dr. Pry has served on the staffs of the Congressional Commission on the Strategic Posture of the United States, the Commission to Assess the Threat to the U.S. from an EMP Attack, the House Armed Services Committee, as an intelligence officer with the CIA, and as a verification analyst at the U.S. Arms Control and Disarmament Agency. (1/24/16, "Electromagnetic pulse threat to infrastructure (U.S. House hearings)" http://energyskeptic.com/2016/the-scariest-u-s-house-session-ever-electromagnetic-pulse-and-the-fall-of-civilization/. Modern civilization cannot exist for a protracted period without electricity. Within days of a
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could create anarchic conditions that would profoundly challenge the existence of social order.
Causes nuclear meltdowns—-overcomes resilience and ends civilizations
be halted). Runaway meltdowns would be enough to end things pretty quickly.
FW
The introspective connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.
these circuits contribute to diverse pathologies, including obesity and addiction or RDS.
Evolution proves the reliability of phenomenal introspection – when we introspect on data from our eyes or ears, such as whether one sees or smells food or a predator, we use the same part of the brain that introspects on hedonic tones and identifies their moral relevance.
Thus, the standard is consistency with hedonic act utilitarianism.
No act-omission distinction –
Psychology – choosing to omit is an act itself – governments decide not to act which means being presented with the aff creates a choice between two actions, neither of which is an omission.
Method
No chance any grab for power succeeds
Fredrik deBoer 16, Limited-Term Lecturer, Introductory Composition at Purdue Program, 3/15/16, "c’mon, guys," http://fredrikdeboer.com/2016/03/15/cmon-guys/ I could be wrong about the short-term dangers, and the stakes are
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, unsexy work of building coalitions and asking people to climb on board.
3/25/22
JF - AC - Lay
Tournament: Golden Desert Debate Tournament at UNLV | Round: 4 | Opponent: West Des Moines Valley JL | Judge: Michelle Blanchard
"The eyes of the world now look into space, to the moon and to the planets beyond, and we have vowed that we shall not see it governed by a hostile flag of conquest, but by a banner of freedom and peace."
Because I agree with former President John F. Kennedy, that space is the final frontier, but must guarantee safety and liberty, I proudly affirm the resolution Resolved: The appropriation of outer space by private entities is unjust.
First, I would like to offer some definitions.
Black’s Law Dictionary defines private as "Affecting or belonging to private individuals, as distinct from the public generally. Not official."
This means that even if there are some benefit to appropriation, it is definitionally unfair which means they aren’t distributed properly.
FW
I value morality per the usage of the word ought in the resolution implies a moral action.
Thus, the value criterion is maximizing expected wellbeing, meaning that we should prioritize the impacts that help the most people and prevent the most harm.
Pleasure and pain are intrinsically valuable – they’re where we reach the end of the line in matters of value
Moen 16 ~Ole Martin Moen, Research Fellow in Philosophy at University of Oslo "An Argument for Hedonism" Journal of Value Inquiry (Springer), 50 (2) 2016: 267–281~ Let us start by observing, empirically, that a widely shared judgment about intrinsic
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places where we reach the end of the line in matters of value.
Prefer additionally — Governments have to use util since collective actions necessarily benefit some people while hurting others either due to resource tradeoffs or scope of effect.
My first Contention is that Private Space Enterprises are Unsustainable
First, the commercial Space Industry requires an enormous increase in launches – that causes pollutants and warming.
Katharine Gammon, a science journalist with degrees from MIT and Princeton, reports in 2021 that Katharine Gammon 7-19-2021 "How the billionaire space race could be one giant leap for pollution" https://www.theguardian.com/science/2021/jul/19/billionaires-space-tourism-environment-emissions (I’m an award-winning independent science journalist based in Santa Monica, California. My interests range from culture and nature in public lands to the lives of scientists to the complexity of baby brains. Before I became a professional journalist, I served in the Peace Corps in Bulgaria, and attended MIT and Princeton University.)Elmer Last week Virgin Galactic took Richard Branson past the edge of space, roughly
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to act is now – while the billionaires are still buying their tickets."
Public launches are goldilocks, but Commercialization increases it ten-fold which overwhelms alt-causes – specifically decks the Ozone Layer.
understanding of the effect these billionaire astronauts will have on our planet’s atmosphere.
Second, unregulated commercialization triples debris and renders satellites unusable.
Christopher Fabian, techologist and founder for techologyand finanice inativites at UNICEF writes in 19 (Christopher; January 2019; B.S. from the United States Air Force Academy, thesis submitted in partial fulfillment of the requirements for a M.S. from the University of North Dakota, approved by the Faculty Advisory Committee and in coordination with Dr. Michael Dodge, David Kugler, and Brian Urlacher; University of North Dakota Scholarly Commons, "A Neoclassical Realist’s Analysis Of Sino-U.S. Space Policy," https://commons.und.edu/theses/2455/) b. Defect/Defect The ubiquity of space technology has also yielded the negative
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to be addressed before any of these proposed solutions can realistically be enacted.
Earth observation satellites key to warming adaptation
ensure that the advantages derived from space exploration allow humanity to continue evolving.
Fourth, unregulated commercial mining exacerbates resource inequalities on Earth.
Anastasia Bendebury, the Adjunct Instructor of Biology at the University of Portland, clarifies in 2020 that ~Michael Shilo Delay (Ph.D in Biophysics from Columbia University) and Anastasia Bendebury (Adjunct Instructor of Biology at the University of Portland). "Is space mining the eco-friendly choice?". Astronomy. November 11, 2020. Accessed 1/7/22. https://astronomy.com/news/2020/11/is-space-mining-the-eco-friendly-choiceXu~ The race to build an industrial foundation in space has already begun, too:
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the burden will be on us to prevent ecological mistakes of previous generations.
2/6/22
JF - AC - The Senate
Tournament: California Round Robin | Round: 3 | Opponent: Southlake Carroll EP | Judge: Wesley Loofbourrow, Candis Tate
1AC
Adv – The Senate
Plan: The appropriation of outer space by the Trade Federation via orbital blockade of Naboo is unjust.
The blockade kickstarts Palpatine’s creation of a galactic fascist regime – the relationship is causal
little trouble installing himself as Emperor and reshaping the galaxy in his image.
Only blockade escalates to a failed invasion – the Trade Federation wouldn’t violate Republic law by invading Naboo unless it was already forced to illegally kill the Republic’s Jedi envoy sent to observe the blockade
department to invade and occupy Naboo, they don't really have a choice.
Lack of a Republic response to the invasion causes queen Amidala to give current leadership a vote of no confidence and put Palpatine into power
Wookieepedia, "Invasion of Naboo," https://starwars.fandom.com/wiki/Invasion'of'Naboo mvp Exasperated by the Republic's inefficiency and corruption, Amidala shocked the Senate by moving for a vote of no confidence in the leadership of Chancellor Valorum, as it had been suggested to her by Palpatine himself. The proposal caused an uproar in the Senate, with many senators calling to proceed to the vote immediately, while Amedda vainly called for order.~3~ Within hours, Amidala's motion of no confidence was passed and Valorum removed from power
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corruption; Bail Antilles and Ainlee Teem were nominated as well.~3~
That greenlights Palpatine to begin restructuring the Republic into the Galactic Empire. Invasion also creates the Separatist alliance which starts the Clone Wars, accelerating the Republic’s collapse.
Wookieepedia, "Invasion of Naboo," https://starwars.fandom.com/wiki/Invasion'of'Naboo mvp The Federation and Valorum were faced with most blame for the invasion, and every subsequent anti-Republic speech called out the "debacle at Naboo."~6~ Following the invasion, the Federation's monopoly on shipping in the Outer Rim Territories was broken. This, combined with Valorum Shipping's loss of prestige due to scandals and Chancellor Valorum's truncated term, allowed Eriadu Mining and Shipping to prosper.~9~ Upon his appointment to Chancellor, Palpatine had promised the galaxy that Gunray, his
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revenge on Kenobi, blaming the Jedi Padawan for his misfortune.~22~
Preventing the empire’s creation is an ethical D rule – planetary destruction, imperialism, slave labor, and forced sterilization
Rudoy 19 Matthew Rudoy, 8-30-2019, "Star Wars: The 10 Worst Things The Empire Has Ever Done," ScreenRant, https://screenrant.com/star-wars-worst-things-empire-ever-done/ mvp The Galactic Empire is the original evil in Star Wars. Emperor Palpatine and Darth
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height of the Empire's evil and further united the Rebellion against their enemy.
The Clone Wars alone kills billions
Golden 15 Christie Golden 7-7-2015 "Dark Disciple" Ask me and I’ll give you the PDF, it’s a good read. (Absolute Star Wars Expert Second Only to Max Perin)Elmer For years, the galaxy-wide conflict known as the Clone Wars has raged
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the numbers of the fallen. But this—" He shook his head.
FW
Moral Realism is true – there is an ethical truth that exists permanently and metaphysically in all hypothetical worlds - regressive moral debates always terminate in an end line objective value or devolve to skeptical conclusions that are repugnant for their inability to condemn things
The normative supervenes on the natural – natural facts like whether brains develop to permit rationality or subjectivity determine whether non naturalist moral facts can be premised on things like capacity for reason
The introspective connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.
these circuits contribute to diverse pathologies, including obesity and addiction or RDS.
Evolution proves the reliability of phenomenal introspection – when we introspect on data from our eyes or ears, such as whether one sees or smells food or a predator, we use the same part of the brain that introspects on hedonic tones and identifies their moral relevance.
Thus, the standard is consistency with hedonic act utilitarianism.
====Effective sci-fi narratives are crucial to global progress - empirics based thinking leads us facing backwards into an increasingly technological time period==== Hollinger 10, Veronica. "A History of the Future: Notes for an Archive." Science Fiction Studies 37.1 (2010): 23-33. (Professor of Cultural Studies at Trent University in Peterborough, Ontario, co-editor of the journal Science Fiction Studies, past chair of the Cultural Studies Program and past Director of Trent's MA Program in Theory, Culture and Politics) I take it for granted that a history of sfs futures would be a cultural
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those perfect, ceaseless machines will try to repair her—" (45).
Dialogue over sci-fi creates more productive and educational communication models within public dialogue
Sweet 3, Derek R. Star Wars in the public square: The Clone Wars as political dialogue. Vol. 50. McFarland, 2015. (an associate professor of communication studies at Luther College and writes, primarily, about the intersection of rhetoric, popular culture, and politics.)Elmer Keeping this in mind, Bakhtin describes the traditional sender/receiver, speaker/
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of thinking about discourse, deliberation, and debate in the public square.
Objective reality is inconclusive – the future is based off of different perceptions of the world, so the star wars galaxy exists
. But Wigner, and his friend, would surely not be surprised.
The status quo results in the collapse of all political action - only a reinvigoration of science fiction stories can create new paradigms and possibilities
McCalmont 12 Jonathan McCalmont 10-3-2012 "Laziness and Irony: How Science Fiction Lost the Future" ruthlessculture.com/2012/10/03/cowardice-laziness-and-irony-how-science-fiction-lost-the-future/ (Film Critic and Author)Re-cut by Elmer While many of these books are excellent examples of their styles of writing, I
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, science fiction can provide humanity with its first draft of future history.
Creative engagement with political decisionmaking is critical to human survival
Stannard 6 Matt Stannard 4-18-2006 "Deliberation, Democracy and Debate" http://theunderview.blogspot.com/2006/04/deliberation-democracy-and-debate.html (Department of Communication and Journalism at the University of Wyoming)Re-cut by Elmer The complexity and interdependence of human society, combined with the control of political decisionmaking
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which they may personally disagree, is one way to resist this colonization.
The continual settler drive to secure its own health has resulted in a system of global biopiracy wherein western transnational corporations have targeted traditional medicine used by tribes in places like Northeast India, establishing patents on biological resources and indigenous medicine for their own profit. Biopiracy renders these indigenous knowledges and communities as only sites for extraction of knowledge, wealth, and resources, which has spread to the global south and is only increasing in speed due to the genomics revolution.
Bhattacharya 14 ~Sayan Battacharya, Department of Environmental Studies at Rabindra Bharati University in Kolkata, India~, "Bioprospecting, biopiracy and food security in India: The emerging sides of neoliberalism", International Letters of Social and Humanistic Sciences, SciPress Ltd, pg. 49-54, 2014 SLC PK 2. BIODIVERSITY, BIOPROSPECTING AND BIOPIRACY Historically there has been prolific scientific interest
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rights of the farming community over the genetic wealth used in agriculture.17
Western intellectual property rights protections are structurally opposed to traditional indigenous medicines, causing continual cooption for modern pharmaceuticals while leaving the communities from which they’re derived in the dust.
Eiland 08 ~Dr. Eiland received a doctorate in Oriental Archaeology from Oxford University and an LLM from the Munich Intellectual Property Law Center~, "Patenting Traditional Medicine", Nomos Verlagsgesellschaft mbH and Co. KG, pg. 7-10, 2008 SLC PK Traditional medicines (TM)1 can form the basis of modern pharmaceuticals. Depend
AND
critics, it has devastating effects on the TK of other nations.1
The move to biopiracy adds new energy and technology to the settler project of terra nullius, putting every part of the world into the project of dispossession.
Sharma and Campbell 99 ~Sharma is a Ph.D. in Sociology from the University of Toronto and an Associate Professor of the Sociology Department at the University of Hawai’I at Manoa. Allison Campbell is an American Chemist known for work on biomineralization, biomimetics, biomaterials, and bioactive coatings for medical implants.~ "Vandana Shiva on Sexual Economics, Biopiracy and Women's Ongoing Resistance to Colonialism", Atlantis, Volume 23.2, Spring/Summer 1999 SLC PK Q. 1 Some feminists talk about globalization as a new phenomenon. You talk
AND
in highly intensive interaction with ourselves and with the rest of the world.
Thus, we affirm – the member nations of the World Trade Organization ought to end the use of intellectual property protections by non-Indigenous groups for medicines derived from indigenous knowledge.
Indigenous peoples have made it clear—IPR is an active threat to traditional medicine which treats natives as an expense rather than a priority. Prefer indigenous scholarship—conversations over IPR on traditional knowledge have actively and historically excluded native voices which ignores the material implications they have on the lives and livelihoods of natives.
IPCB et al. 06 ~The IPCB is organized to assist indigenous peoples in the protection of their genetic resources, indigenous knowledge, cultural and human rights from the negative effects of biotechnology. Llamado de la Tierra is comprised of indigenous peoples throughout the world who are experienced in cultural and intellectual property policies and laws in the context of the indigenous struggle for de-colonisation and self-determination. The International Indian Treaty Council serves as an advocate for the human rights of Indigenous Peoples locally, nationally, and internationally.~ "Joint Statement of the Indigenous Peoples Council on Biocolonialism (IPCB), Call of the Earth/Llamado de la Tierra (COE), and International Indian Treaty Council (IITC)", International IP Policy News, 6-12-06, https://www.ip-watch.org/2006/12/06/inside-views-indigenous-groups-tell-wipo-dont-patent-our-traditional-knowledge/SLC PK Mr. Chairman, we have some general comments regarding document 10/5 on
AND
out in the human rights arena. Thank you for your indulgence.
When biopiracy tries to patent indigenous medicine, it also demonstrates a renewed interest in nature and a certain type of knowledge. This interest destabilizes the nature/culture binary as fixed by the enlightenment, showing that nature is of value. This becomes a locus to debunk settler myths and disrupt the equation of modernity. Legal and political moves against biopiracy such as the plan are key to solvency—anything else fails to rupture the western representation of the helpless native which is necessary for real justice.
Curbishley 15 ~Liddy Scarlet Curbishley in a Thesis submitted for the Masters of Humanities in Gender Studies at Utrecht University~, "Destabilizing the Colonization of Indigenous Knowledge In the Case of Biopiracy", August 2015 SLC PK Throughout this exploration of the colonization of indigenous knowledges through acts of biopiracy I have
AND
Gaard, 2010: 13) has on vulnerable individuals and the environment.
Every facet of foreign policy is indebted to settler colonialism—IR’s erasure of indigenous peoples through casting them as domestic, primitive, and landless creates complicity in the destruction of indigenous life and governance.
King 17 (Hayden King, Gchi'mnissing Anishinaabe writer and educator based in the Faculty of Arts at Ryerson University in Toronto., 7-31-17, The erasure of Indigenous thought in foreign policy, https://www.opencanada.org/features/erasure-indigenous-thought-foreign-policy/, JKS) This type of arrangement between Indigenous and non-Indigenous Canadians might be conceptualized as
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. And so, foreign policy is itself a manifestation of settler colonialism.
Debate’s fixation on extinction narratives centers a notion of universal humanity that allows for dehumanization and erasure of native relationality to nature. Settlers attach themselves to the thrill of abjection in order to distance themselves from the violence of settler colonialism and the ethical imperative to work against it.
Mitchell 17 ""Decolonizing against extinction part II: Extinction is not a metaphor – it is literally genocide" Audra Mitchell ~settler currently living and working on the Ancestral and Treaty lands of the Attawandaron (Neutral), Haudenosaunee (Six Nations of the Grand River) and Anishinaabe (Mississaugas of the New Credit) peoples. Prof. Mitchell holds the Canada Research Chair in Global Political Ecology at the Balsillie School of International Affairs~, September 27, 2017, https://worldlyir.wordpress.com/2017/09/27/decolonizing-against-extinction-part-ii-extinction-is-not-a-metaphor-it-is-literally-genocide/ SM Extinction is not a metaphor… Extinction has become an emblem of Western,
AND
relations, worlds and peoples that are targeted by these discourses and practices.
In settler research spaces we have a responsibility and role of the ballot to center indigenous knowledge, and to contribute to unsettling the academy—our work connects different discussions of indigeneity and decolonization to the rest of the globe.
Sium et al 12 (Aman Sium, Chandni Desai, Eric Ritskes, Ontario Institute for Studies in Education, University of Toronto, Sium identifies as being Tigrinya, indigenous, African, and Eritrean, Ritskes is Zhaganash, Towards the ‘tangible unknown’: Decolonization and the Indigenous future, Decolonization: Indigeneity, Education and Society ¶ Vol. 1, No. 1, 2012, pp. I-XIII, JKS) Decolonization does not exist without a framework that centers and privileges Indigenous life, community
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teach it to behave" (Alfred, 2009a, p. 37).
9/17/21
SO - AC - Biopiracy v2
Tournament: Mid America Cup RR | Round: 2 | Opponent: Strake Jesuit KS | Judge: Deserea Niemann, Holden Bukowsky
1AC
1AC
The continual settler drive to secure its own health has resulted in a system of global biopiracy wherein western transnational corporations have targeted traditional medicine used by tribes in places like Northeast India, establishing patents on biological resources and indigenous medicine for their own profit. Biopiracy renders these indigenous knowledges and communities as only sites for extraction of knowledge, wealth, and resources, which has spread to the global south and is only increasing in speed due to the genomics revolution.
Bhattacharya 14 ~Sayan Battacharya, Department of Environmental Studies at Rabindra Bharati University in Kolkata, India~, "Bioprospecting, biopiracy and food security in India: The emerging sides of neoliberalism", International Letters of Social and Humanistic Sciences, SciPress Ltd, pg. 49-54, 2014 SLC PK 2. BIODIVERSITY, BIOPROSPECTING AND BIOPIRACY Historically there has been prolific scientific interest
AND
rights of the farming community over the genetic wealth used in agriculture.17
Western intellectual property rights protections are structurally opposed to traditional indigenous medicines, causing continual cooption for modern pharmaceuticals while leaving the communities from which they’re derived in the dust.
Eiland 08 ~Dr. Eiland received a doctorate in Oriental Archaeology from Oxford University and an LLM from the Munich Intellectual Property Law Center~, "Patenting Traditional Medicine", Nomos Verlagsgesellschaft mbH and Co. KG, pg. 7-10, 2008 SLC PK Traditional medicines (TM)1 can form the basis of modern pharmaceuticals. Depend
AND
critics, it has devastating effects on the TK of other nations.1
The move to biopiracy adds new energy and technology to the settler project of terra nullius, putting every part of the world into the project of dispossession.
Sharma and Campbell 99 ~Sharma is a Ph.D. in Sociology from the University of Toronto and an Associate Professor of the Sociology Department at the University of Hawai’I at Manoa. Allison Campbell is an American Chemist known for work on biomineralization, biomimetics, biomaterials, and bioactive coatings for medical implants.~ "Vandana Shiva on Sexual Economics, Biopiracy and Women's Ongoing Resistance to Colonialism", Atlantis, Volume 23.2, Spring/Summer 1999 SLC PK Q. 1 Some feminists talk about globalization as a new phenomenon. You talk
AND
in highly intensive interaction with ourselves and with the rest of the world.
Thus, we affirm – the member nations of the World Trade Organization ought to end the use of intellectual property protections by non-Indigenous groups for medicines derived from indigenous knowledge.
To clarify, these are the 159 countries that are currently member states
Indigenous peoples have made it clear—IPR is an active threat to traditional medicine which treats natives as an expense rather than a priority. Prefer indigenous scholarship—conversations over IPR on traditional knowledge have actively and historically excluded native voices which ignores the material implications they have on the lives and livelihoods of natives.
IPCB et al. 06 ~The IPCB is organized to assist indigenous peoples in the protection of their genetic resources, indigenous knowledge, cultural and human rights from the negative effects of biotechnology. Llamado de la Tierra is comprised of indigenous peoples throughout the world who are experienced in cultural and intellectual property policies and laws in the context of the indigenous struggle for de-colonisation and self-determination. The International Indian Treaty Council serves as an advocate for the human rights of Indigenous Peoples locally, nationally, and internationally.~ "Joint Statement of the Indigenous Peoples Council on Biocolonialism (IPCB), Call of the Earth/Llamado de la Tierra (COE), and International Indian Treaty Council (IITC)", International IP Policy News, 6-12-06, https://www.ip-watch.org/2006/12/06/inside-views-indigenous-groups-tell-wipo-dont-patent-our-traditional-knowledge/SLC PK Mr. Chairman, we have some general comments regarding document 10/5 on
AND
out in the human rights arena. Thank you for your indulgence.
When biopiracy tries to patent indigenous medicine, it also demonstrates a renewed interest in nature and a certain type of knowledge. This interest destabilizes the nature/culture binary as fixed by the enlightenment, showing that nature is of value. This becomes a locus to debunk settler myths and disrupt the equation of modernity. Legal and political moves against biopiracy such as the plan are key to solvency—anything else fails to rupture the western representation of the helpless native which is necessary for real justice.
Curbishley 15 ~Liddy Scarlet Curbishley in a Thesis submitted for the Masters of Humanities in Gender Studies at Utrecht University~, "Destabilizing the Colonization of Indigenous Knowledge In the Case of Biopiracy", August 2015 SLC PK Throughout this exploration of the colonization of indigenous knowledges through acts of biopiracy I have
AND
Gaard, 2010: 13) has on vulnerable individuals and the environment.
Debate’s fixation on extinction narratives centers a notion of universal humanity that allows for dehumanization and erasure of native relationality to nature. Settlers attach themselves to the thrill of abjection in order to distance themselves from the violence of settler colonialism and the ethical imperative to work against it.
Mitchell 17 ""Decolonizing against extinction part II: Extinction is not a metaphor – it is literally genocide" Audra Mitchell ~settler currently living and working on the Ancestral and Treaty lands of the Attawandaron (Neutral), Haudenosaunee (Six Nations of the Grand River) and Anishinaabe (Mississaugas of the New Credit) peoples. Prof. Mitchell holds the Canada Research Chair in Global Political Ecology at the Balsillie School of International Affairs~, September 27, 2017, https://worldlyir.wordpress.com/2017/09/27/decolonizing-against-extinction-part-ii-extinction-is-not-a-metaphor-it-is-literally-genocide/ SM Extinction is not a metaphor… Extinction has become an emblem of Western,
AND
relations, worlds and peoples that are targeted by these discourses and practices.
The battle for self-determination does not end with the 1AC, but you should refuse the seductive call to abandon the specific struggles against IP when faced with clear and attainable goals posed by activists
Whyte 16 (Kyle Powys – Potawatomi, Timnick Chair of the Humanities in the Department of Philosophy @ Michigan State University, "Indigenous Peoples, Climate Change Loss and Damage, and the Responsibility of Settler States", "Indigenous Environmental Movements and the Function of Governance Institutions." (2016): 563-580~, JKS) I understand indigenous peoples to encompass the roughly 370 million persons whose communities governed themselves
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are designed, articulated, and arranged strategically to carry out the function.
In settler research spaces we have a responsibility and role of the ballot to center indigenous knowledge, and to contribute to unsettling the academy—our work connects different discussions of indigeneity and decolonization to the rest of the globe.
Sium et al 12 (Aman Sium, Chandni Desai, Eric Ritskes, Ontario Institute for Studies in Education, University of Toronto, Sium identifies as being Tigrinya, indigenous, African, and Eritrean, Ritskes is Zhaganash, Towards the ‘tangible unknown’: Decolonization and the Indigenous future, Decolonization: Indigeneity, Education and Society ¶ Vol. 1, No. 1, 2012, pp. I-XIII, JKS) Decolonization does not exist without a framework that centers and privileges Indigenous life, community
AND
teach it to behave" (Alfred, 2009a, p. 37).
Prioritize burden of proof over burden of refutation – starting disad risk close to 0 because of implicit assumptions models predictions more accurately and opens debate to discussions of systemic racialized violence
Cohn 13 – Nate, journalist, covers elections, polling and demographics for The Upshot, a Times politics and policy site. Previously, he was a staff writer for The New Republic. Before entering journalism, he was a research assistant and Scoville Fellow at the Stimson Center. "Improving the Norms and Practices of Policy Debate" November 24, 2013. IB So let me offer another possibility: the problem isn’t the topic, but modern
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of evidence, since they can’t really address the probability of nuclear war.
9/24/21
SO - AC - Biopiracy v3
Tournament: Mid America Cup | Round: 1 | Opponent: Scarsdale DH | Judge: Aryan Jasani
1AC
The continual settler drive to secure its own health has resulted in a system of global biopiracy wherein western transnational corporations have targeted traditional medicine for their own profit. Biopiracy renders these indigenous knowledges and communities as only sites for extraction.
Bhattacharya 14 ~Sayan Battacharya, Department of Environmental Studies at Rabindra Bharati University in Kolkata, India~, "Bioprospecting, biopiracy and food security in India: The emerging sides of neoliberalism", International Letters of Social and Humanistic Sciences, SciPress Ltd, pg. 49-54, 2014 SLC PK 2. BIODIVERSITY, BIOPROSPECTING AND BIOPIRACY Historically there has been prolific scientific interest
AND
rights of the farming community over the genetic wealth used in agriculture.17
IP protections are structurally opposed to indigenous medicines, causing continual cooption for modern pharmaceuticals.
Eiland 08 ~Dr. Eiland received a doctorate in Oriental Archaeology from Oxford University and an LLM from the Munich Intellectual Property Law Center~, "Patenting Traditional Medicine", Nomos Verlagsgesellschaft mbH and Co. KG, pg. 7-10, 2008 SLC PK Traditional medicines (TM)1 can form the basis of modern pharmaceuticals. Depend
AND
critics, it has devastating effects on the TK of other nations.1
The move to biopiracy adds new energy and technology to the settler project of terra nullius, putting every part of the world into the project of dispossession.
Sharma and Campbell 99 ~Sharma is a Ph.D. in Sociology from the University of Toronto and an Associate Professor of the Sociology Department at the University of Hawai’I at Manoa. Allison Campbell is an American Chemist known for work on biomineralization, biomimetics, biomaterials, and bioactive coatings for medical implants.~ "Vandana Shiva on Sexual Economics, Biopiracy and Women's Ongoing Resistance to Colonialism", Atlantis, Volume 23.2, Spring/Summer 1999 SLC PK Q. 1 Some feminists talk about globalization as a new phenomenon. You talk
AND
in highly intensive interaction with ourselves and with the rest of the world.
Thus, we affirm – the member nations of the World Trade Organization ought to end the use of intellectual property protections by non-Indigenous groups for medicines derived from indigenous knowledge.
To clarify, these are the 159 countries that are currently member states
IPR is an active threat to traditional medicine which treats natives as an expense rather than a priority. Prefer indigenous scholarship—conversations over IPR on traditional knowledge have excluded native voices.
IPCB et al. 06 ~The IPCB is organized to assist indigenous peoples in the protection of their genetic resources, indigenous knowledge, cultural and human rights from the negative effects of biotechnology. Llamado de la Tierra is comprised of indigenous peoples throughout the world who are experienced in cultural and intellectual property policies and laws in the context of the indigenous struggle for de-colonisation and self-determination. The International Indian Treaty Council serves as an advocate for the human rights of Indigenous Peoples locally, nationally, and internationally.~ "Joint Statement of the Indigenous Peoples Council on Biocolonialism (IPCB), Call of the Earth/Llamado de la Tierra (COE), and International Indian Treaty Council (IITC)", International IP Policy News, 6-12-06, https://www.ip-watch.org/2006/12/06/inside-views-indigenous-groups-tell-wipo-dont-patent-our-traditional-knowledge/SLC PK Mr. Chairman, we have some general comments regarding document 10/5 on
AND
out in the human rights arena. Thank you for your indulgence.
The battle for self-determination does not end with the 1AC, but you should refuse the seductive call to abandon the specific struggles against IP when faced with clear and attainable goals posed by activists
Whyte 16 (Kyle Powys – Potawatomi, Timnick Chair of the Humanities in the Department of Philosophy @ Michigan State University, "Indigenous Peoples, Climate Change Loss and Damage, and the Responsibility of Settler States", "Indigenous Environmental Movements and the Function of Governance Institutions." (2016): 563-580~, JKS) I understand indigenous peoples to encompass the roughly 370 million persons whose communities governed themselves
AND
are designed, articulated, and arranged strategically to carry out the function.
Debate’s fixation on extinction narratives centers a notion of universal humanity that allows for dehumanization and erasure of native relationality to nature.
Mitchell 17 ""Decolonizing against extinction part II: Extinction is not a metaphor – it is literally genocide" Audra Mitchell ~settler currently living and working on the Ancestral and Treaty lands of the Attawandaron (Neutral), Haudenosaunee (Six Nations of the Grand River) and Anishinaabe (Mississaugas of the New Credit) peoples. Prof. Mitchell holds the Canada Research Chair in Global Political Ecology at the Balsillie School of International Affairs~, September 27, 2017, https://worldlyir.wordpress.com/2017/09/27/decolonizing-against-extinction-part-ii-extinction-is-not-a-metaphor-it-is-literally-genocide/ SM Extinction is not a metaphor… Extinction has become an emblem of Western,
AND
relations, worlds and peoples that are targeted by these discourses and practices.
Settler colonialism is deeply engrained in Western culture and reflects in the universalist logic of non-naturalistic ethics – their philosophy gets appropriated to justify extermination of Indigenous peoples because of its cultural starting point.
John Hinkinson – Editor at Arena, an Australian maganzine. "Why Settler Colonialism?" Arena. 2012. https://arena.org.au/why-settler-colonialism/ JJN Settler colonialism as a practice is a subset of colonial history, one where the
AND
settler colonialism for granted, practices that arguably define the underside of modernity.
In settler research spaces we have a responsibility and role of the ballot to center indigenous knowledge, and to contribute to unsettling the academy—our work connects different discussions of indigeneity and decolonization to the rest of the globe.
Sium et al 12 (Aman Sium, Chandni Desai, Eric Ritskes, Ontario Institute for Studies in Education, University of Toronto, Sium identifies as being Tigrinya, indigenous, African, and Eritrean, Ritskes is Zhaganash, Towards the ‘tangible unknown’: Decolonization and the Indigenous future, Decolonization: Indigeneity, Education and Society ¶ Vol. 1, No. 1, 2012, pp. I-XIII, JKS) Decolonization does not exist without a framework that centers and privileges Indigenous life, community
AND
teach it to behave" (Alfred, 2009a, p. 37).
Prioritize burden of proof over burden of refutation – starting disad risk close to 0 because of implicit assumptions models predictions more accurately and opens debate to discussions of systemic racialized violence
Cohn 13 – Nate, journalist, covers elections, polling and demographics for The Upshot, a Times politics and policy site. Previously, he was a staff writer for The New Republic. Before entering journalism, he was a research assistant and Scoville Fellow at the Stimson Center. "Improving the Norms and Practices of Policy Debate" November 24, 2013. IB So let me offer another possibility: the problem isn’t the topic, but modern
AND
of evidence, since they can’t really address the probability of nuclear war.
9/25/21
SO - AC - Biopiracy v4
Tournament: Mid America Cup | Round: 4 | Opponent: Strake Jesuit VC | Judge: Breigh Plat
1AC
The continual settler drive to secure its own health has resulted in a system of global biopiracy wherein western transnational corporations have targeted traditional medicine for their own profit. Biopiracy renders these indigenous knowledges and communities as only sites for extraction.
Bhattacharya 14 ~Sayan Battacharya, Department of Environmental Studies at Rabindra Bharati University in Kolkata, India~, "Bioprospecting, biopiracy and food security in India: The emerging sides of neoliberalism", International Letters of Social and Humanistic Sciences, SciPress Ltd, pg. 49-54, 2014 SLC PK 2. BIODIVERSITY, BIOPROSPECTING AND BIOPIRACY Historically there has been prolific scientific interest
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rights of the farming community over the genetic wealth used in agriculture.17
IP protections are structurally opposed to indigenous medicines, causing continual cooption for modern pharmaceuticals.
Eiland 08 ~Dr. Eiland received a doctorate in Oriental Archaeology from Oxford University and an LLM from the Munich Intellectual Property Law Center~, "Patenting Traditional Medicine", Nomos Verlagsgesellschaft mbH and Co. KG, pg. 7-10, 2008 SLC PK Traditional medicines (TM)1 can form the basis of modern pharmaceuticals. Depend
AND
critics, it has devastating effects on the TK of other nations.1
The move to biopiracy adds new energy and technology to the settler project of terra nullius, putting every part of the world into the project of dispossession.
Sharma and Campbell 99 ~Sharma is a Ph.D. in Sociology from the University of Toronto and an Associate Professor of the Sociology Department at the University of Hawai’I at Manoa. Allison Campbell is an American Chemist known for work on biomineralization, biomimetics, biomaterials, and bioactive coatings for medical implants.~ "Vandana Shiva on Sexual Economics, Biopiracy and Women's Ongoing Resistance to Colonialism", Atlantis, Volume 23.2, Spring/Summer 1999 SLC PK Q. 1 Some feminists talk about globalization as a new phenomenon. You talk
AND
in highly intensive interaction with ourselves and with the rest of the world.
Thus, we affirm – the member nations of the World Trade Organization ought to end the use of intellectual property protections by non-Indigenous groups for medicines derived from indigenous knowledge.
To clarify, these are the 159 countries that are currently member states
IPR is an active threat to traditional medicine which treats natives as an expense rather than a priority. Prefer indigenous scholarship—conversations over IPR on traditional knowledge have excluded native voices.
IPCB et al. 06 ~The IPCB is organized to assist indigenous peoples in the protection of their genetic resources, indigenous knowledge, cultural and human rights from the negative effects of biotechnology. Llamado de la Tierra is comprised of indigenous peoples throughout the world who are experienced in cultural and intellectual property policies and laws in the context of the indigenous struggle for de-colonisation and self-determination. The International Indian Treaty Council serves as an advocate for the human rights of Indigenous Peoples locally, nationally, and internationally.~ "Joint Statement of the Indigenous Peoples Council on Biocolonialism (IPCB), Call of the Earth/Llamado de la Tierra (COE), and International Indian Treaty Council (IITC)", International IP Policy News, 6-12-06, https://www.ip-watch.org/2006/12/06/inside-views-indigenous-groups-tell-wipo-dont-patent-our-traditional-knowledge/SLC PK Mr. Chairman, we have some general comments regarding document 10/5 on
AND
out in the human rights arena. Thank you for your indulgence.
The battle for self-determination does not end with the 1AC, but you should refuse the seductive call to abandon the specific struggles against IP when faced with clear and attainable goals posed by activists
Whyte 16 (Kyle Powys – Potawatomi, Timnick Chair of the Humanities in the Department of Philosophy @ Michigan State University, "Indigenous Peoples, Climate Change Loss and Damage, and the Responsibility of Settler States", "Indigenous Environmental Movements and the Function of Governance Institutions." (2016): 563-580~, JKS) I understand indigenous peoples to encompass the roughly 370 million persons whose communities governed themselves
AND
are designed, articulated, and arranged strategically to carry out the function.
Debate’s fixation on extinction narratives centers a notion of universal humanity that allows for dehumanization and erasure of native relationality to nature.
Mitchell 17 ""Decolonizing against extinction part II: Extinction is not a metaphor – it is literally genocide" Audra Mitchell ~settler currently living and working on the Ancestral and Treaty lands of the Attawandaron (Neutral), Haudenosaunee (Six Nations of the Grand River) and Anishinaabe (Mississaugas of the New Credit) peoples. Prof. Mitchell holds the Canada Research Chair in Global Political Ecology at the Balsillie School of International Affairs~, September 27, 2017, https://worldlyir.wordpress.com/2017/09/27/decolonizing-against-extinction-part-ii-extinction-is-not-a-metaphor-it-is-literally-genocide/ SM Extinction is not a metaphor… Extinction has become an emblem of Western,
AND
relations, worlds and peoples that are targeted by these discourses and practices.
Settler colonialism is deeply engrained in Western culture and reflects in the universalist logic of non-naturalistic ethics – their philosophy gets appropriated to justify extermination of Indigenous peoples because of its cultural starting point.
John Hinkinson – Editor at Arena, an Australian maganzine. "Why Settler Colonialism?" Arena. 2012. https://arena.org.au/why-settler-colonialism/ JJN Settler colonialism as a practice is a subset of colonial history, one where the
AND
settler colonialism for granted, practices that arguably define the underside of modernity.
In settler research spaces we have a responsibility and role of the ballot to center indigenous knowledge, and to contribute to unsettling the academy—our work connects different discussions of indigeneity and decolonization to the rest of the globe.
Sium et al 12 (Aman Sium, Chandni Desai, Eric Ritskes, Ontario Institute for Studies in Education, University of Toronto, Sium identifies as being Tigrinya, indigenous, African, and Eritrean, Ritskes is Zhaganash, Towards the ‘tangible unknown’: Decolonization and the Indigenous future, Decolonization: Indigeneity, Education and Society ¶ Vol. 1, No. 1, 2012, pp. I-XIII, JKS) Decolonization does not exist without a framework that centers and privileges Indigenous life, community
AND
teach it to behave" (Alfred, 2009a, p. 37).
Prioritize burden of proof over burden of refutation – starting disad risk close to 0 because of implicit assumptions models predictions more accurately and opens debate to discussions of systemic racialized violence
Cohn 13 – Nate, journalist, covers elections, polling and demographics for The Upshot, a Times politics and policy site. Previously, he was a staff writer for The New Republic. Before entering journalism, he was a research assistant and Scoville Fellow at the Stimson Center. "Improving the Norms and Practices of Policy Debate" November 24, 2013. IB So let me offer another possibility: the problem isn’t the topic, but modern
AND
of evidence, since they can’t really address the probability of nuclear war.
Ideal theory is a form of abstraction away from the material violence of settler colonialism – their view from nowhere is not only useless but actively props up settlerism.
Nichols 13 Nichols, R. (2013). Indigeneity and the Settler Contract today. Philosophy and Social Criticism, 39(2), 165–186. doi:10.1177/0191453712470359 SM Throughout the 20th century, of course, these ‘high theories’ of human development
AND
reformulate some modified version of analytic contract theory in relation to indigenous peoples.
The current WTO patent system is locking in global cannabis monopolies.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM B. How the Patent Has Become a Tool for Globalization The trade-
AND
, the inventor could create an economic climate close to a global monopoly.
Thailand proves – the world is trending towards legalization but big pharma patents lock in cannabis monopolies and crowd out local growth.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM The reason the Thai public was so concerned over the cannabis patents filed by Otsuka
AND
, as a resolution to the Canadian recusal from the UN Single Convention.
Big pharma leverages cannabis patents to block out competition and secure monopoly – decks medical marijuana access
Barnett 20 Hailey A. Barnett ~J.D. candidate 2020, Tulane University Law School; B.A. 2017, Communication, cum laude, Texas AandM University.~, "High Risk, High Reward: Patent Law's Effects on the Medical Marijuana Industry," Tulane Journal of Technology and Intellectual Property 22 (2020): 125-164 https://heinonline.org/HOL/LandingPage?handle=hein.journals/tuljtip22anddiv=8andid=andpage= SM B. Cannabis Patents and Pharmaceutical Companies Patent protection is a key component of
AND
of wealthy, powerful entities to ensure smaller entities are not marginalized.219
Monopolies kill cannabis biodiversity which throttles medical marijuana advances and industry innovation.
Barnett 20 Hailey A. Barnett ~J.D. candidate 2020, Tulane University Law School; B.A. 2017, Communication, cum laude, Texas AandM University.~, "High Risk, High Reward: Patent Law's Effects on the Medical Marijuana Industry," Tulane Journal of Technology and Intellectual Property 22 (2020): 125-164 https://heinonline.org/HOL/LandingPage?handle=hein.journals/tuljtip22anddiv=8andid=andpage= SM A. Biodiversity Implications for Cannabis Strain Patents Biodiversity, or biological diversity,
AND
effects on that country's biodiversity and its rights to that biodiversity.2 50
Monopolies kill market growth and disincentivize innovation.
over the long-term as well as ongoing innovation and product accessibility.
Medical marijuana is key to resolving opioid pain reliever prescriptions – biggest internal link to addiction and overuse
Blake 20 ~Dwight K Blake, Founder of American Marijuana, 15 years of experience in mental health counseling and addiction treatment.~ "Medical marijuana reduces opioid prescribing rate," American Marijuana, March 24, 2020, https://americanmarijuana.org/medical-marijuana-solution-to-opioid-epidemic/ ~note: charts/images omitted~ TG Medical Marijuana as A Painkiller Marijuana contains many Cannabinoids including CBD or Cannabidiol and
AND
have shown an average reduction rate of opioid consumption by 5.21.
The opioid crisis risks massively destructive terrorism – synthetic opioids can be weaponized and spread
Morell 17 (Michael Morell, the former Acting Director and Deputy Director of the Central Intelligence Agency, is one of our nation's leading national security professionals, with extensive experience in intelligence and foreign policy. During his 33-year career at CIA, Michael served as Deputy Director for over three years, served twice as Acting Director, served for two years as the Director of Intelligence, the Agency's top analyst, and for two years as Executive Director, the CIA's top administrator.)("The Opioid Crisis Becomes a National Security Threat", July 26, 2017, https://www.thecipherbrief.com/column'article/opioid-crisis-becomes-national-security-threat) On October 23, 2002, dozens of armed Chechen terrorists seized a Moscow theater
AND
– particularly when it is so easy to see what might be coming.
Developments and attacks are coming now – spurs inter-state wars AND non-state actors which ensure escalation – taboo eroded, empirics prove, tech and motive are here
Henry de Quetteville et al 18. Special Correspondent @Telegraph, Technology. Former foreign correspondent in France, the Balkans and the Middle East., citing James Giordano, professor of neurology, chief of the Neuroethics Studies Program, and co-director of the O’Neill-Pellegrino Program in Brain Science and Global Health Law and Policy at Georgetown University Medical Center. He is an member of the Defense Advanced Research Projects Agency’s panel on neuroethics, legal, and social issues, and serves as a senior science advisory fellow to the Joint Staff at the Pentagon. His latest book is Neurotechnology in National Security and Defense: Practical Considerations, Neuroethical Concerns (CRC Press), citing Gavin Williamson, UK Secretary of Defense, citing Aimen Dean, also known as Ramzi is a Bahrainian man who was a founding member of al-Qaeda. In 1998, he joined the Secret Intelligence Service and became an MI6 spy, citing Hamish de Bretton-Gordon, a chemical weapons expert and chief operating officer of SecureBio Limited. He was formerly a British Army officer for 23 years and commanding officer of the UK's CBRN Regiment and NATO's Rapid Reaction CBRN Battalion, August 3, 2018, "The rise of biological and chemical weapons After Salisbury, how ready is the UK?", https://www.telegraph.co.uk/news/rise-of-biological-chemical-weapons/. Rez With nerve agents having been deployed in Syria, Malaysia and Salisbury, the 100
AND
total? $26.2 billion per 100,000 persons exposed.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Chemical WMDs cause extinction – one incident is enough
Gander 18, Kashmira. Citing the Global Catastrophic Risks Foundation’s Global Challenges Annual Report, edited by Martin Rees, UK Astronomer Royal, and Co-founder, Cambridge Centre for the Study of Existential Risk, and whose section on chemical warfare was reviewed by Angela Kane, Senior Fellow at the Vienna Centre for Disarmament and Non-Proliferation, visiting Professor at Sciences Po Paris, and former High Representative for Disarmament Affairs at the United Nations. 10-31-2018. "Experts reveal the nine most likely ways the world will end." Newsweek. https://www.newsweek.com/how-will-world-end-experts-reveal-9-most-likely-ways-humans-will-be-wiped-out-1194616. Rez. Humanity being annihilated by chemical weapons or the molten lava of a supervolcano may sound
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it could "cause a pandemic of unprecedented proportions," the report stated.
Plan – the member nations of the World Trade Organization ought to delay patent enforcement for cannabis.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM Includes enforcement and duration A simple solution to the problem is this: if
AND
be achieved through controlling varying means and portions of the patent application process.
The plan solves by reigning in monopolies without killing innovation.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM Patents may still be sought and possibly even acquired if the government so chooses.
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cannot monopolize their innovations, and are thus placed on an equal footing.
Framing
Synthetic a posteriori moral naturalism is the basis of ethics:
A~ The normative supervenes on the natural – natural facts like whether brains develop to permit rationality or subjectivity determine whether non naturalist moral facts can be premised on things like capacity for reason
Lutz and Lenman 18. Lutz, Matthew and Lenman, James, "Moral Naturalism", The Stanford Encyclopedia of Philosophy (Fall 2018 Edition), Edward N. Zalta (ed.), URL = https://plato.stanford.edu/archives/fall2018/entries/naturalism-moral/.Massa The first argument against normative non-naturalism concerns normative supervenience. The normative supervenes
AND
, this is a heavy mark against non-naturalism (McPherson 2012).
Next, phenomenal introspection can bridge the gap from experiential natural facts to moral truths and necessitates hedonism. When I observe a lemon’s yellowness shifting my visual fields from darker to lighter shades, I can introspect on that experience and identify brightness as an intrinsic property of seeing a lemon. Similarly, when I feel pleasure, I can introspect on the shift in hedonic tones and identify that goodness is an intrinsic property of the pleasure that was increased.
This connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.
these circuits contribute to diverse pathologies, including obesity and addiction or RDS.
Thus, the standard is consistency with hedonic act utilitarianism. Prefer –
1~ Actor specificity –
A~ Aggregation – every policy benefits some and harms others, which also means side constraints freeze action.
B~ No intent-foresight distinction for governments – deliberating over an action requires analysis of foreseen consequences which could be prevented which makes them intrinsic to state action
C~ Governments aren’t singular rational agents which makes theories about individuals irrelevant – only consequentialism solves by analyzing ends divorced from an actor
2~ No act-omission distinction – governments are culpable for omissions cuz their purpose is to protect the constituency – otherwise they would have no obligation to make murder illegal. Actor spec o/w – different agents have different ethical standings that affect their obligations and considerations.
The current WTO patent system is locking in global cannabis monopolies.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM B. How the Patent Has Become a Tool for Globalization The trade-
AND
, the inventor could create an economic climate close to a global monopoly.
Thailand proves – the world is trending towards legalization but big pharma patents lock in cannabis monopolies and crowd out local growth.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM The reason the Thai public was so concerned over the cannabis patents filed by Otsuka
AND
, as a resolution to the Canadian recusal from the UN Single Convention.
Big pharma leverages cannabis patents to block out competition and secure monopoly – decks medical marijuana access
Barnett 20 Hailey A. Barnett ~J.D. candidate 2020, Tulane University Law School; B.A. 2017, Communication, cum laude, Texas AandM University.~, "High Risk, High Reward: Patent Law's Effects on the Medical Marijuana Industry," Tulane Journal of Technology and Intellectual Property 22 (2020): 125-164 https://heinonline.org/HOL/LandingPage?handle=hein.journals/tuljtip22anddiv=8andid=andpage= SM B. Cannabis Patents and Pharmaceutical Companies Patent protection is a key component of
AND
of wealthy, powerful entities to ensure smaller entities are not marginalized.219
Monopolies kill cannabis biodiversity which throttles medical marijuana advances and industry innovation.
Barnett 20 Hailey A. Barnett ~J.D. candidate 2020, Tulane University Law School; B.A. 2017, Communication, cum laude, Texas AandM University.~, "High Risk, High Reward: Patent Law's Effects on the Medical Marijuana Industry," Tulane Journal of Technology and Intellectual Property 22 (2020): 125-164 https://heinonline.org/HOL/LandingPage?handle=hein.journals/tuljtip22anddiv=8andid=andpage= SM A. Biodiversity Implications for Cannabis Strain Patents Biodiversity, or biological diversity,
AND
effects on that country's biodiversity and its rights to that biodiversity.2 50
Monopolies kill market growth and disincentivize innovation.
over the long-term as well as ongoing innovation and product accessibility.
Medical marijuana is key to resolving opioid pain reliever prescriptions – biggest internal link to addiction and overuse
Blake 20 ~Dwight K Blake, Founder of American Marijuana, 15 years of experience in mental health counseling and addiction treatment.~ "Medical marijuana reduces opioid prescribing rate," American Marijuana, March 24, 2020, https://americanmarijuana.org/medical-marijuana-solution-to-opioid-epidemic/ ~note: charts/images omitted~ TG Medical Marijuana as A Painkiller Marijuana contains many Cannabinoids including CBD or Cannabidiol and
AND
have shown an average reduction rate of opioid consumption by 5.21.
The opioid crisis risks massively destructive terrorism – synthetic opioids can be weaponized and spread
Morell 17 (Michael Morell, the former Acting Director and Deputy Director of the Central Intelligence Agency, is one of our nation's leading national security professionals, with extensive experience in intelligence and foreign policy. During his 33-year career at CIA, Michael served as Deputy Director for over three years, served twice as Acting Director, served for two years as the Director of Intelligence, the Agency's top analyst, and for two years as Executive Director, the CIA's top administrator.)("The Opioid Crisis Becomes a National Security Threat", July 26, 2017, https://www.thecipherbrief.com/column'article/opioid-crisis-becomes-national-security-threat) On October 23, 2002, dozens of armed Chechen terrorists seized a Moscow theater
AND
– particularly when it is so easy to see what might be coming.
Developments and attacks are coming now – spurs inter-state wars AND non-state actors which ensure escalation – taboo eroded, empirics prove, tech and motive are here
Henry de Quetteville et al 18. Special Correspondent @Telegraph, Technology. Former foreign correspondent in France, the Balkans and the Middle East., citing James Giordano, professor of neurology, chief of the Neuroethics Studies Program, and co-director of the O’Neill-Pellegrino Program in Brain Science and Global Health Law and Policy at Georgetown University Medical Center. He is an member of the Defense Advanced Research Projects Agency’s panel on neuroethics, legal, and social issues, and serves as a senior science advisory fellow to the Joint Staff at the Pentagon. His latest book is Neurotechnology in National Security and Defense: Practical Considerations, Neuroethical Concerns (CRC Press), citing Gavin Williamson, UK Secretary of Defense, citing Aimen Dean, also known as Ramzi is a Bahrainian man who was a founding member of al-Qaeda. In 1998, he joined the Secret Intelligence Service and became an MI6 spy, citing Hamish de Bretton-Gordon, a chemical weapons expert and chief operating officer of SecureBio Limited. He was formerly a British Army officer for 23 years and commanding officer of the UK's CBRN Regiment and NATO's Rapid Reaction CBRN Battalion, August 3, 2018, "The rise of biological and chemical weapons After Salisbury, how ready is the UK?", https://www.telegraph.co.uk/news/rise-of-biological-chemical-weapons/. Rez With nerve agents having been deployed in Syria, Malaysia and Salisbury, the 100
AND
total? $26.2 billion per 100,000 persons exposed.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Chemical WMDs cause extinction – one incident is enough
Gander 18, Kashmira. Citing the Global Catastrophic Risks Foundation’s Global Challenges Annual Report, edited by Martin Rees, UK Astronomer Royal, and Co-founder, Cambridge Centre for the Study of Existential Risk, and whose section on chemical warfare was reviewed by Angela Kane, Senior Fellow at the Vienna Centre for Disarmament and Non-Proliferation, visiting Professor at Sciences Po Paris, and former High Representative for Disarmament Affairs at the United Nations. 10-31-2018. "Experts reveal the nine most likely ways the world will end." Newsweek. https://www.newsweek.com/how-will-world-end-experts-reveal-9-most-likely-ways-humans-will-be-wiped-out-1194616. Rez. Humanity being annihilated by chemical weapons or the molten lava of a supervolcano may sound
AND
it could "cause a pandemic of unprecedented proportions," the report stated.
Plan – the member nations of the World Trade Organization ought to delay patent enforcement for cannabis.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM Includes enforcement and duration A simple solution to the problem is this: if
AND
be achieved through controlling varying means and portions of the patent application process.
Counter solvency advocate: medical marijuana is dangerous therefore innovation is bad
The plan solves by reigning in monopolies without killing innovation.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM Patents may still be sought and possibly even acquired if the government so chooses.
AND
cannot monopolize their innovations, and are thus placed on an equal footing.
Framing
Synthetic a posteriori moral naturalism is the basis of ethics:
A~ The normative supervenes on the natural – natural facts like whether brains develop to permit rationality or subjectivity determine whether non naturalist moral facts can be premised on things like capacity for reason
Lutz and Lenman 18. Lutz, Matthew and Lenman, James, "Moral Naturalism", The Stanford Encyclopedia of Philosophy (Fall 2018 Edition), Edward N. Zalta (ed.), URL = https://plato.stanford.edu/archives/fall2018/entries/naturalism-moral/.Massa The first argument against normative non-naturalism concerns normative supervenience. The normative supervenes
AND
, this is a heavy mark against non-naturalism (McPherson 2012).
B~ The problem of disagreement –
resolving a priori conflicts requires indicting the epistemological basis of one’s judgement with a reliable process for deriving moral truths which is impossible given widespread moral disagreement about non verifiable a priori truth – grounding ethics with verifiable natural facts solve
Copp 7, D. Why Naturalism? Morality in a Natural World, 33–54. doi:10.1017/cbo9780511497940.003 Massa Suppose, for example, that I witness a bullfight and observe that many thousands
AND
disagreement would not undermine the credibility of the proposition to an ideal thinker.
Next, phenomenal introspection can bridge the gap from experiential natural facts to moral truths and necessitates hedonism. When I observe a lemon’s yellowness shifting my visual fields from darker to lighter shades, I can introspect on that experience and identify brightness as an intrinsic property of seeing a lemon. Similarly, when I feel pleasure, I can introspect on the shift in hedonic tones and identify that goodness is an intrinsic property of the pleasure that was increased.
This connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.
these circuits contribute to diverse pathologies, including obesity and addiction or RDS.
Thus, the standard is consistency with hedonic act utilitarianism. Prefer –
1~ Actor specificity –
A~ Aggregation – every policy benefits some and harms others, which also means side constraints freeze action.
B~ No intent-foresight distinction for governments – deliberating over an action requires analysis of foreseen consequences which could be prevented which makes them intrinsic to state action
C~ Governments aren’t singular rational agents which makes theories about individuals irrelevant – only consequentialism solves by analyzing ends divorced from an actor
ows
2~ No act-omission distinction – governments are culpable for omissions cuz their purpose is to protect the constituency – otherwise they would have no obligation to make murder illegal. Actor spec o/w – different agents have different ethical standings that affect their obligations and considerations.
Tournament: Loyola Invitational | Round: Octas | Opponent: Orange Lutheran AZ | Judge: Nathan Russell, David Dosch, Lena Mizrahi
1AC
Advantage – Cannabis
The current WTO patent system is locking in global cannabis monopolies.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM B. How the Patent Has Become a Tool for Globalization The trade-
AND
, the inventor could create an economic climate close to a global monopoly.
Thailand proves – the world is trending towards legalization but big pharma patents lock in cannabis monopolies and crowd out local growth.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM The reason the Thai public was so concerned over the cannabis patents filed by Otsuka
AND
, as a resolution to the Canadian recusal from the UN Single Convention.
Big pharma leverages cannabis patents to block out competition and secure monopoly – decks medical marijuana access
Barnett 20 Hailey A. Barnett ~J.D. candidate 2020, Tulane University Law School; B.A. 2017, Communication, cum laude, Texas AandM University.~, "High Risk, High Reward: Patent Law's Effects on the Medical Marijuana Industry," Tulane Journal of Technology and Intellectual Property 22 (2020): 125-164 https://heinonline.org/HOL/LandingPage?handle=hein.journals/tuljtip22anddiv=8andid=andpage= SM B. Cannabis Patents and Pharmaceutical Companies Patent protection is a key component of
AND
of wealthy, powerful entities to ensure smaller entities are not marginalized.219
Monopolies kill cannabis biodiversity which throttles medical marijuana advances and industry innovation.
Barnett 20 Hailey A. Barnett ~J.D. candidate 2020, Tulane University Law School; B.A. 2017, Communication, cum laude, Texas AandM University.~, "High Risk, High Reward: Patent Law's Effects on the Medical Marijuana Industry," Tulane Journal of Technology and Intellectual Property 22 (2020): 125-164 https://heinonline.org/HOL/LandingPage?handle=hein.journals/tuljtip22anddiv=8andid=andpage= SM A. Biodiversity Implications for Cannabis Strain Patents Biodiversity, or biological diversity,
AND
effects on that country's biodiversity and its rights to that biodiversity.2 50
Monopolies kill market growth and disincentivize innovation.
over the long-term as well as ongoing innovation and product accessibility.
Medical marijuana is key to resolving opioid pain reliever prescriptions – biggest internal link to addiction and overuse
Blake 20 ~Dwight K Blake, Founder of American Marijuana, 15 years of experience in mental health counseling and addiction treatment.~ "Medical marijuana reduces opioid prescribing rate," American Marijuana, March 24, 2020, https://americanmarijuana.org/medical-marijuana-solution-to-opioid-epidemic/ ~note: charts/images omitted~ TG Medical Marijuana as A Painkiller Marijuana contains many Cannabinoids including CBD or Cannabidiol and
AND
have shown an average reduction rate of opioid consumption by 5.21.
The opioid crisis risks massively destructive terrorism – synthetic opioids can be weaponized and spread
Morell 17 (Michael Morell, the former Acting Director and Deputy Director of the Central Intelligence Agency, is one of our nation's leading national security professionals, with extensive experience in intelligence and foreign policy. During his 33-year career at CIA, Michael served as Deputy Director for over three years, served twice as Acting Director, served for two years as the Director of Intelligence, the Agency's top analyst, and for two years as Executive Director, the CIA's top administrator.)("The Opioid Crisis Becomes a National Security Threat", July 26, 2017, https://www.thecipherbrief.com/column'article/opioid-crisis-becomes-national-security-threat) On October 23, 2002, dozens of armed Chechen terrorists seized a Moscow theater
AND
– particularly when it is so easy to see what might be coming.
Developments and attacks are coming now – spurs inter-state wars AND non-state actors which ensure escalation – taboo eroded, empirics prove, tech and motive are here
Henry de Quetteville et al 18. Special Correspondent @Telegraph, Technology. Former foreign correspondent in France, the Balkans and the Middle East., citing James Giordano, professor of neurology, chief of the Neuroethics Studies Program, and co-director of the O’Neill-Pellegrino Program in Brain Science and Global Health Law and Policy at Georgetown University Medical Center. He is an member of the Defense Advanced Research Projects Agency’s panel on neuroethics, legal, and social issues, and serves as a senior science advisory fellow to the Joint Staff at the Pentagon. His latest book is Neurotechnology in National Security and Defense: Practical Considerations, Neuroethical Concerns (CRC Press), citing Gavin Williamson, UK Secretary of Defense, citing Aimen Dean, also known as Ramzi is a Bahrainian man who was a founding member of al-Qaeda. In 1998, he joined the Secret Intelligence Service and became an MI6 spy, citing Hamish de Bretton-Gordon, a chemical weapons expert and chief operating officer of SecureBio Limited. He was formerly a British Army officer for 23 years and commanding officer of the UK's CBRN Regiment and NATO's Rapid Reaction CBRN Battalion, August 3, 2018, "The rise of biological and chemical weapons After Salisbury, how ready is the UK?", https://www.telegraph.co.uk/news/rise-of-biological-chemical-weapons/. Rez With nerve agents having been deployed in Syria, Malaysia and Salisbury, the 100
AND
total? $26.2 billion per 100,000 persons exposed.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Chemical WMDs cause extinction – one incident is enough
Gander 18, Kashmira. Citing the Global Catastrophic Risks Foundation’s Global Challenges Annual Report, edited by Martin Rees, UK Astronomer Royal, and Co-founder, Cambridge Centre for the Study of Existential Risk, and whose section on chemical warfare was reviewed by Angela Kane, Senior Fellow at the Vienna Centre for Disarmament and Non-Proliferation, visiting Professor at Sciences Po Paris, and former High Representative for Disarmament Affairs at the United Nations. 10-31-2018. "Experts reveal the nine most likely ways the world will end." Newsweek. https://www.newsweek.com/how-will-world-end-experts-reveal-9-most-likely-ways-humans-will-be-wiped-out-1194616. Rez. Humanity being annihilated by chemical weapons or the molten lava of a supervolcano may sound
AND
it could "cause a pandemic of unprecedented proportions," the report stated.
Plan – the member nations of the World Trade Organization ought to delay patent enforcement for cannabis.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM Includes enforcement and duration A simple solution to the problem is this: if
AND
be achieved through controlling varying means and portions of the patent application process.
Counter solvency advocate: medical marijuana is dangerous therefore innovation is bad
The plan solves by reigning in monopolies without killing innovation.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM Patents may still be sought and possibly even acquired if the government so chooses.
AND
cannot monopolize their innovations, and are thus placed on an equal footing.
Framing
Synthetic a posteriori moral naturalism is the basis of ethics:
A~ The normative supervenes on the natural – natural facts like whether brains develop to permit rationality or subjectivity determine whether non naturalist moral facts can be premised on things like capacity for reason
Lutz and Lenman 18. Lutz, Matthew and Lenman, James, "Moral Naturalism", The Stanford Encyclopedia of Philosophy (Fall 2018 Edition), Edward N. Zalta (ed.), URL = https://plato.stanford.edu/archives/fall2018/entries/naturalism-moral/.Massa The first argument against normative non-naturalism concerns normative supervenience. The normative supervenes
AND
, this is a heavy mark against non-naturalism (McPherson 2012).
B~ The problem of disagreement –
resolving a priori conflicts requires indicting the epistemological basis of one’s judgement with a reliable process for deriving moral truths which is impossible given widespread moral disagreement about non verifiable a priori truth – grounding ethics with verifiable natural facts solve
Copp 7, D. Why Naturalism? Morality in a Natural World, 33–54. doi:10.1017/cbo9780511497940.003 Massa Suppose, for example, that I witness a bullfight and observe that many thousands
AND
disagreement would not undermine the credibility of the proposition to an ideal thinker.
Next, phenomenal introspection can bridge the gap from experiential natural facts to moral truths and necessitates hedonism. When I observe a lemon’s yellowness shifting my visual fields from darker to lighter shades, I can introspect on that experience and identify brightness as an intrinsic property of seeing a lemon. Similarly, when I feel pleasure, I can introspect on the shift in hedonic tones and identify that goodness is an intrinsic property of the pleasure that was increased.
This connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.
these circuits contribute to diverse pathologies, including obesity and addiction or RDS.
Thus, the standard is consistency with hedonic act utilitarianism. Prefer –
1~ Actor specificity –
A~ Aggregation – every policy benefits some and harms others, which also means side constraints freeze action.
B~ No intent-foresight distinction for governments – deliberating over an action requires analysis of foreseen consequences which could be prevented which makes them intrinsic to state action
C~ Governments aren’t singular rational agents which makes theories about individuals irrelevant – only consequentialism solves by analyzing ends divorced from an actor
ows
2~ No act-omission distinction – governments are culpable for omissions cuz their purpose is to protect the constituency – otherwise they would have no obligation to make murder illegal. Actor spec o/w – different agents have different ethical standings that affect their obligations and considerations.
9/6/21
SO - AC - Euphoric TRIPS v5
Tournament: Loyola Invitational | Round: Quarters | Opponent: San Mateo YR | Judge: Tom, Neville Pittman, Phoenix Dosch, David
1AC
Advantage
The current WTO patent system is locking in global cannabis monopolies.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM B. How the Patent Has Become a Tool for Globalization The trade-
AND
, the inventor could create an economic climate close to a global monopoly.
Thailand proves – the world is trending towards legalization but big pharma patents lock in cannabis monopolies and crowd out local growth.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM The reason the Thai public was so concerned over the cannabis patents filed by Otsuka
AND
, as a resolution to the Canadian recusal from the UN Single Convention.
Big pharma leverages cannabis patents to block out competition and secure monopoly – decks medical marijuana access
Barnett 20 Hailey A. Barnett ~J.D. candidate 2020, Tulane University Law School; B.A. 2017, Communication, cum laude, Texas AandM University.~, "High Risk, High Reward: Patent Law's Effects on the Medical Marijuana Industry," Tulane Journal of Technology and Intellectual Property 22 (2020): 125-164 https://heinonline.org/HOL/LandingPage?handle=hein.journals/tuljtip22anddiv=8andid=andpage= SM B. Cannabis Patents and Pharmaceutical Companies Patent protection is a key component of
AND
of wealthy, powerful entities to ensure smaller entities are not marginalized.219
Monopolies kill cannabis biodiversity which throttles medical marijuana advances and industry innovation.
Barnett 20 Hailey A. Barnett ~J.D. candidate 2020, Tulane University Law School; B.A. 2017, Communication, cum laude, Texas AandM University.~, "High Risk, High Reward: Patent Law's Effects on the Medical Marijuana Industry," Tulane Journal of Technology and Intellectual Property 22 (2020): 125-164 https://heinonline.org/HOL/LandingPage?handle=hein.journals/tuljtip22anddiv=8andid=andpage= SM A. Biodiversity Implications for Cannabis Strain Patents Biodiversity, or biological diversity,
AND
effects on that country's biodiversity and its rights to that biodiversity.2 50
Only growth of legalized cannabis markets decks illegal imports and cartel revenues
Bier 18 David J. (David J. Bier is a research fellow with a focus on immigration at the Cato Institute. He is an expert on legal immigration, border security, and interior enforcement.', 12-19-2018, "How Legalizing Marijuana Is Securing the Border: The Border Wall, Drug Smuggling, and Lessons for Immigration Policy," Cato Institute, https://www.cato.org/policy-analysis/how-legalizing-marijuana-securing-border-border-wall-drug-smuggling-lessons mvp Legalized markets directly affect the illegal markets for marijuana. Not only is it easier
AND
Patrol agents or a wall to interdict drug smuggling between ports of entry.
Cartels are driven by cash flows from illegal drug markets – tackling demand-side is key
Mexican cartels and the violence they instigate raises international peace and security concerns.
Latin American instability goes nuclear
Krepinevich and Lindsey 13 ~Dr. Andrew F. Krepinevich, Jr. is the President of the Center for Strategic and Budgetary Assessments, which he joined following a 21- year career in the U.S. Army. He has served in the Department of Defense, on the personal staff of three secretaries of defense, the National Defense Panel, the Defense Science Board Task Force on Joint Experimentation, and the Defense Policy Board. He is the author of 7 Deadly Scenarios: A Military Futurist Explores War in the 21st Century and The Army and Vietnam. A West Point graduate, he holds an M.P.A. and a Ph.D. from Harvard University—AND—Eric Lindsey is an analyst at the Center for Strategic and Budgetary Assessments (CSBA). His primary areas of interest concern U.S. and world military forces, both current and prospective, and the future strategic and operational challenges that the U.S. military may face. Since joining CSBA in 2009, Eric has contributed to a number of CSBA monographs. He most recently co-authored The Road Ahead, an analytical monograph exploring potential future challenges and their implications for U.S. Army and Marine Corps modernization. In conjunction with his research and writing, Eric has helped design and conduct dozens of strategic and operational-level wargames exploring a wide variety of future scenarios. He holds a B.A. in military history and public policy from Duke University and is pursuing an M.A. in strategic studies and international economics from the Johns Hopkins School of Advanced International Studies (SAIS). "Hemispheric Defense in the 21ST Century, 2013~ As the previous chapter demonstrates, for the past two hundred years the principal cause
AND
Russia may be interested in cultivating and supporting Latin American proxies as well.
Independently turns every scenario – Mexico collapse triggers international retrenchment and great power war with China and Russia
Dr. R. Evan Ellis 12/9/16, a research professor of Latin American Studies at the U.S. Army War College (USAWC) Strategic Studies Institute (SSI), with a focus on the region’s relationships with China and other non-Western Hemisphere actors, as well as transnational organized crime and populism in the region, Ph.D. in political science with a specialization in comparative politics"Strategic Insights: Thinking Strategically About Latin America and the Caribbean", Strategic Studies Institute, http://ssi.armywarcollege.edu/index.cfm/articles/Thinking-Strategically-About-Latin-America-Caribbean/2016/12/09 As noted previously, there is arguably no region (including Asia) upon which
AND
U.S. adversaries in Latin America permitted them to do so.
Cannabis innovation is key to sustainable water use and efficiency
or compost tea – but also record the amounts applied to the crop.
Water scarcity causes Russia-China nuclear war
Michael T. Klare 20, professor emeritus of peace and world-security studies at Hampshire College and senior visiting fellow at the Arms Control Association in Washington, DC, "How Rising Temperatures Increase the Likelihood of Nuclear War", Nation, https://www.thenation.com/article/archive/nuclear-defense-climate-change/ Severe water scarcity in northern China could prompt yet another move with nuclear implications:
AND
almost certainly prompt fierce Russian resistance and the possible use of nuclear weapons.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Plan – the member nations of the World Trade Organization ought to delay patent enforcement for cannabis.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM Includes enforcement and duration A simple solution to the problem is this: if
AND
be achieved through controlling varying means and portions of the patent application process.
The plan solves by reigning in monopolies without killing innovation.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM Patents may still be sought and possibly even acquired if the government so chooses.
AND
cannot monopolize their innovations, and are thus placed on an equal footing.
FW
Moral realism must start by being mind-independent – realism wouldn’t make sense if there were a plethora of moral truths contingent on the agent’s cognitively predisposed capacity because then moral truths wouldn’t exist outside of the ways we cohere them. Thus, moral naturalism is true.
Evolution – only a naturalistic understanding of the world explains it.
Lutz and Lenman 18. Lutz, Matthew and Lenman, James, "Moral Naturalism", The Stanford Encyclopedia of Philosophy (Fall 2018 Edition), Edward N. Zalta (ed.), URL = https://plato.stanford.edu/archives/fall2018/entries/naturalism-moral/.Massa The second argument against moral non-naturalism concerns moral epistemology. According to evolutionary
AND
, instead, provide a deep vindication of those beliefs (Copp 2008).
Pleasure and pain are intrinsic value and disvalue – everything else regresses – robust neuroscience proves
these circuits contribute to diverse pathologies, including obesity and addiction or RDS.
Thus, the standard is consistency with hedonic act utilitarianism.
Prefer additionally:
1~ Actor specificity –
A~ Aggregation – every policy benefits some and harms others, which also means side constraints freeze action.
B~ No intent-foresight distinction – If we foresee a consequence, then it becomes part of our deliberation which makes it intrinsic to our action since we intend it to happen.
2~ No act-omission distinction –
A~ Psychology – choosing to omit is an act itself – governments decide not to act which means being presented with the aff creates a choice between two actions, neither of which is an omission.
B~ Actor specificity – governments are culpable for omissions cuz their purpose is to protect the constituency – otherwise they would have no obligation to make murder illegal. Only util can escape culpability in the instance of tradeoffs – i.e. it resolves the trolley problem cuz a deontological theory would hold you responsible for killing regardless. Actor spec o/w – different agents have different ethical standings that affect their obligations and considerations.
1/30/22
SO - AC - Euphoric TRIPS v6
Tournament: Loyola Invitational | Round: Semis | Opponent: Diamond Bar NC | Judge: David Dosch, Danielle Dosch, Gordon Krauss
1AC
Advantage
The current WTO patent system is locking in global cannabis monopolies.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM B. How the Patent Has Become a Tool for Globalization The trade-
AND
, the inventor could create an economic climate close to a global monopoly.
Thailand proves – the world is trending towards legalization but big pharma patents lock in cannabis monopolies and crowd out local growth.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM The reason the Thai public was so concerned over the cannabis patents filed by Otsuka
AND
, as a resolution to the Canadian recusal from the UN Single Convention.
Big pharma leverages cannabis patents to block out competition and secure monopoly – decks medical marijuana access
Barnett 20 Hailey A. Barnett ~J.D. candidate 2020, Tulane University Law School; B.A. 2017, Communication, cum laude, Texas AandM University.~, "High Risk, High Reward: Patent Law's Effects on the Medical Marijuana Industry," Tulane Journal of Technology and Intellectual Property 22 (2020): 125-164 https://heinonline.org/HOL/LandingPage?handle=hein.journals/tuljtip22anddiv=8andid=andpage= SM B. Cannabis Patents and Pharmaceutical Companies Patent protection is a key component of
AND
of wealthy, powerful entities to ensure smaller entities are not marginalized.219
Monopolies kill cannabis biodiversity which throttles medical marijuana advances and industry innovation.
Barnett 20 Hailey A. Barnett ~J.D. candidate 2020, Tulane University Law School; B.A. 2017, Communication, cum laude, Texas AandM University.~, "High Risk, High Reward: Patent Law's Effects on the Medical Marijuana Industry," Tulane Journal of Technology and Intellectual Property 22 (2020): 125-164 https://heinonline.org/HOL/LandingPage?handle=hein.journals/tuljtip22anddiv=8andid=andpage= SM A. Biodiversity Implications for Cannabis Strain Patents Biodiversity, or biological diversity,
AND
effects on that country's biodiversity and its rights to that biodiversity.2 50
Only growth of legalized cannabis markets decks illegal imports and cartel revenues
Bier 18 David J. (David J. Bier is a research fellow with a focus on immigration at the Cato Institute. He is an expert on legal immigration, border security, and interior enforcement.', 12-19-2018, "How Legalizing Marijuana Is Securing the Border: The Border Wall, Drug Smuggling, and Lessons for Immigration Policy," Cato Institute, https://www.cato.org/policy-analysis/how-legalizing-marijuana-securing-border-border-wall-drug-smuggling-lessons mvp Legalized markets directly affect the illegal markets for marijuana. Not only is it easier
AND
Patrol agents or a wall to interdict drug smuggling between ports of entry.
Cartels are driven by cash flows from illegal drug markets – tackling demand-side is key
Mexican cartels and the violence they instigate raises international peace and security concerns.
Latin American instability goes nuclear
Krepinevich and Lindsey 13 ~Dr. Andrew F. Krepinevich, Jr. is the President of the Center for Strategic and Budgetary Assessments, which he joined following a 21- year career in the U.S. Army. He has served in the Department of Defense, on the personal staff of three secretaries of defense, the National Defense Panel, the Defense Science Board Task Force on Joint Experimentation, and the Defense Policy Board. He is the author of 7 Deadly Scenarios: A Military Futurist Explores War in the 21st Century and The Army and Vietnam. A West Point graduate, he holds an M.P.A. and a Ph.D. from Harvard University—AND—Eric Lindsey is an analyst at the Center for Strategic and Budgetary Assessments (CSBA). His primary areas of interest concern U.S. and world military forces, both current and prospective, and the future strategic and operational challenges that the U.S. military may face. Since joining CSBA in 2009, Eric has contributed to a number of CSBA monographs. He most recently co-authored The Road Ahead, an analytical monograph exploring potential future challenges and their implications for U.S. Army and Marine Corps modernization. In conjunction with his research and writing, Eric has helped design and conduct dozens of strategic and operational-level wargames exploring a wide variety of future scenarios. He holds a B.A. in military history and public policy from Duke University and is pursuing an M.A. in strategic studies and international economics from the Johns Hopkins School of Advanced International Studies (SAIS). "Hemispheric Defense in the 21ST Century, 2013~ As the previous chapter demonstrates, for the past two hundred years the principal cause
AND
Russia may be interested in cultivating and supporting Latin American proxies as well.
Independently turns every scenario –
Mexico collapse triggers international retrenchment and great power war with China and Russia
Dr. R. Evan Ellis 12/9/16, a research professor of Latin American Studies at the U.S. Army War College (USAWC) Strategic Studies Institute (SSI), with a focus on the region’s relationships with China and other non-Western Hemisphere actors, as well as transnational organized crime and populism in the region, Ph.D. in political science with a specialization in comparative politics"Strategic Insights: Thinking Strategically About Latin America and the Caribbean", Strategic Studies Institute, http://ssi.armywarcollege.edu/index.cfm/articles/Thinking-Strategically-About-Latin-America-Caribbean/2016/12/09 As noted previously, there is arguably no region (including Asia) upon which
AND
U.S. adversaries in Latin America permitted them to do so.
Independently, cartels work with terrorists to get nuclear weapons into the United States that allows for nuke terror.
Richey 17 (Warren Richey, Staff writer, "Terror and the Mexican Border: How Big a Threat?", He covered the oil industry for the English-language Saudi Gazette in Jeddah and Al Khobar, Saudi Arabia, and federal courts and agencies for the Sun-Sentinel in South Florida. In more than 20 years at the Monitor, Warren has worked as a local, national, and foreign correspondent, 1/15/17, https://www.csmonitor.com/USA/Justice/2017/0115/Terror-and-the-Mexico-border-How-big-a-threat)//KP+AKIM) Islamic militants purchase a nuclear device from a sympathetic official in Pakistan and ship the
AND
mass-casualty atrocities in Berlin, Brussels, Nice, and Paris.
Terrorists get and detonate nuclear weapons – they have means, motive, and opportunity – most recent and predictive evidence that takes into account technological advances
Bunn et al 19 – Matthew Bunn is a Professor of Practice at Harvard University’s John F. Kennedy School of Government, and the faculty leader of the Project on Managing the Atom. Nickolas Roth is a Research Associate at the Belfer Center’s Project on Managing the Atom. William H. Tobey is a Senior Fellow at the Belfer Center for Science and International Affairs at Harvard Kennedy School. ("Revitalizing Nuclear Security in an Era of Uncertainty", Harvard Belfer Center for International Affairs, Jan 2019, https://scholar.harvard.edu/files/matthew'bunn/files/bunn'revitalizing'nuclear'security'in'an'era'of'uncertainty'2019.pdf) The risk that terrorists could get and use a nuclear bomb—turning the heart
AND
this uncertain future, continuous and determined efforts to improve security remain essential.
Cannabis innovation is key to sustainable water use and efficiency
or compost tea – but also record the amounts applied to the crop.
Water scarcity causes Russia-China nuclear war
Michael T. Klare 20, professor emeritus of peace and world-security studies at Hampshire College and senior visiting fellow at the Arms Control Association in Washington, DC, "How Rising Temperatures Increase the Likelihood of Nuclear War", Nation, https://www.thenation.com/article/archive/nuclear-defense-climate-change/ Severe water scarcity in northern China could prompt yet another move with nuclear implications:
AND
almost certainly prompt fierce Russian resistance and the possible use of nuclear weapons.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Plan – the member nations of the World Trade Organization ought to delay patent enforcement for cannabis.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM Includes enforcement and duration A simple solution to the problem is this: if
AND
be achieved through controlling varying means and portions of the patent application process.
The plan solves by reigning in monopolies without killing innovation.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM Patents may still be sought and possibly even acquired if the government so chooses.
AND
cannot monopolize their innovations, and are thus placed on an equal footing.
FW
Thus, the standard is consistency with hedonic act utilitarianism.
Pleasure and pain are intrinsically valuable.
Moen 16 ~Ole Martin Moen, Research Fellow in Philosophy at University of Oslo "An Argument for Hedonism" Journal of Value Inquiry (Springer), 50 (2) 2016: 267–281~ SJDI, brackets in original Let us start by observing, empirically, that a widely shared judgment about intrinsic
AND
places where we reach the end of the line in matters of value.
Prefer additionally:
1~ Actor specificity –
A~ Aggregation – every policy benefits some and harms others, which also means side constraints freeze action.
B~ No intent-foresight distinction – If we foresee a consequence, then it becomes part of our deliberation which makes it intrinsic to our action since we intend it to happen.
2~ No act-omission distinction –
A~ Psychology – choosing to omit is an act itself – governments decide not to act which means being presented with the aff creates a choice between two actions, neither of which is an omission.
The current WTO patent system is locking in global cannabis monopolies.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM B. How the Patent Has Become a Tool for Globalization The trade-
AND
, the inventor could create an economic climate close to a global monopoly.
Thailand proves – the world is trending towards legalization but big pharma patents lock in cannabis monopolies and crowd out local growth.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM The reason the Thai public was so concerned over the cannabis patents filed by Otsuka
AND
, as a resolution to the Canadian recusal from the UN Single Convention.
Big pharma leverages cannabis patents to block out competition and secure monopoly – decks medical marijuana access
Barnett 20 Hailey A. Barnett ~J.D. candidate 2020, Tulane University Law School; B.A. 2017, Communication, cum laude, Texas AandM University.~, "High Risk, High Reward: Patent Law's Effects on the Medical Marijuana Industry," Tulane Journal of Technology and Intellectual Property 22 (2020): 125-164 https://heinonline.org/HOL/LandingPage?handle=hein.journals/tuljtip22anddiv=8andid=andpage= SM B. Cannabis Patents and Pharmaceutical Companies Patent protection is a key component of
AND
of wealthy, powerful entities to ensure smaller entities are not marginalized.219
Monopolies kill cannabis biodiversity which throttles medical marijuana advances and industry innovation.
Barnett 20 Hailey A. Barnett ~J.D. candidate 2020, Tulane University Law School; B.A. 2017, Communication, cum laude, Texas AandM University.~, "High Risk, High Reward: Patent Law's Effects on the Medical Marijuana Industry," Tulane Journal of Technology and Intellectual Property 22 (2020): 125-164 https://heinonline.org/HOL/LandingPage?handle=hein.journals/tuljtip22anddiv=8andid=andpage= SM A. Biodiversity Implications for Cannabis Strain Patents Biodiversity, or biological diversity,
AND
effects on that country's biodiversity and its rights to that biodiversity.2 50
Only growth of legalized cannabis markets decks illegal imports and cartel revenues
Bier 18 David J. (David J. Bier is a research fellow with a focus on immigration at the Cato Institute. He is an expert on legal immigration, border security, and interior enforcement.', 12-19-2018, "How Legalizing Marijuana Is Securing the Border: The Border Wall, Drug Smuggling, and Lessons for Immigration Policy," Cato Institute, https://www.cato.org/policy-analysis/how-legalizing-marijuana-securing-border-border-wall-drug-smuggling-lessons mvp Legalized markets directly affect the illegal markets for marijuana. Not only is it easier
AND
Patrol agents or a wall to interdict drug smuggling between ports of entry.
Cartels are driven by cash flows from illegal drug markets – tackling demand-side is key
Mexican cartels and the violence they instigate raises international peace and security concerns.
Latin American instability goes nuclear
Krepinevich and Lindsey 13 ~Dr. Andrew F. Krepinevich, Jr. is the President of the Center for Strategic and Budgetary Assessments, which he joined following a 21- year career in the U.S. Army. He has served in the Department of Defense, on the personal staff of three secretaries of defense, the National Defense Panel, the Defense Science Board Task Force on Joint Experimentation, and the Defense Policy Board. He is the author of 7 Deadly Scenarios: A Military Futurist Explores War in the 21st Century and The Army and Vietnam. A West Point graduate, he holds an M.P.A. and a Ph.D. from Harvard University—AND—Eric Lindsey is an analyst at the Center for Strategic and Budgetary Assessments (CSBA). His primary areas of interest concern U.S. and world military forces, both current and prospective, and the future strategic and operational challenges that the U.S. military may face. Since joining CSBA in 2009, Eric has contributed to a number of CSBA monographs. He most recently co-authored The Road Ahead, an analytical monograph exploring potential future challenges and their implications for U.S. Army and Marine Corps modernization. In conjunction with his research and writing, Eric has helped design and conduct dozens of strategic and operational-level wargames exploring a wide variety of future scenarios. He holds a B.A. in military history and public policy from Duke University and is pursuing an M.A. in strategic studies and international economics from the Johns Hopkins School of Advanced International Studies (SAIS). "Hemispheric Defense in the 21ST Century, 2013~ As the previous chapter demonstrates, for the past two hundred years the principal cause
AND
Russia may be interested in cultivating and supporting Latin American proxies as well.
Independently turns every scenario –
Mexico collapse triggers international retrenchment and great power war with China and Russia
Dr. R. Evan Ellis 12/9/16, a research professor of Latin American Studies at the U.S. Army War College (USAWC) Strategic Studies Institute (SSI), with a focus on the region’s relationships with China and other non-Western Hemisphere actors, as well as transnational organized crime and populism in the region, Ph.D. in political science with a specialization in comparative politics"Strategic Insights: Thinking Strategically About Latin America and the Caribbean", Strategic Studies Institute, http://ssi.armywarcollege.edu/index.cfm/articles/Thinking-Strategically-About-Latin-America-Caribbean/2016/12/09 As noted previously, there is arguably no region (including Asia) upon which
AND
U.S. adversaries in Latin America permitted them to do so.
Lack of cannabis biodiversity is vulnerable to wipeout which decks innovation, and wrecks ag nutrition and biodiversity writ large
Hunt 20 ~Dale, PhD Biology from UC San Diego, JD in Intellectual Property Law from UC Berkeley, Founder and Senior Attorney at Planet and Planet Law Firm, Founder and CEO at Breeder’s Best~ "Biodiversity in Commercial Cannabis: Why It Matters," Cannabis Business Times, August 7, 2020, https://www.cannabisbusinesstimes.com/article/biodiversity-in-commercial-cannabis-why-it-matters/ ~brackets in original~ TG The limitation of a monoculture is that it’s a total commitment to one strategy.
AND
nutrients reduces insect herbivore performance" published in the journal Nature in 2016.
Biodiversity loss causes extinction – also multiplies threats of escalation
Torres 16 ~Phil Biologist, conservationist, science advocate and educator. 2 years based in Amazon rainforest, now exploring science around the world. "Biodiversity Loss: An Existential Risk Comparable to Climate Change" http://futureoflife.org/2016/05/20/biodiversity-loss/~~ According to the Bulletin of Atomic Scientists, the two greatest existential threats to human
AND
as one of the most significant contemporary risks to human prosperity and survival.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
AND
two nuclear powers would stay limited to these smaller, less destructive bombs.
Plan – the member nations of the World Trade Organization ought to delay patent enforcement for cannabis.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM Includes enforcement and duration A simple solution to the problem is this: if
AND
be achieved through controlling varying means and portions of the patent application process.
The plan solves by reigning in monopolies without killing innovation.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM Patents may still be sought and possibly even acquired if the government so chooses.
AND
cannot monopolize their innovations, and are thus placed on an equal footing.
FW
Thus, the standard is consistency with hedonic act utilitarianism.
Pleasure and pain are intrinsically valuable.
Moen 16 ~Ole Martin Moen, Research Fellow in Philosophy at University of Oslo "An Argument for Hedonism" Journal of Value Inquiry (Springer), 50 (2) 2016: 267–281~ SJDI, brackets in original Let us start by observing, empirically, that a widely shared judgment about intrinsic
AND
places where we reach the end of the line in matters of value.
Prefer additionally:
1~ Actor specificity –
A~ Aggregation – every policy benefits some and harms others, which also means side constraints freeze action.
B~ No intent-foresight distinction – If we foresee a consequence, then it becomes part of our deliberation which makes it intrinsic to our action since we intend it to happen.
2~ No act-omission distinction –
A~ Psychology – choosing to omit is an act itself – governments decide not to act which means being presented with the aff creates a choice between two actions, neither of which is an omission.
Method
We should use debate to hash out what alternative foreign policies look like. Scenario planning is more effective than pure resistance AND there is a unique opening for ideas to take hold—-our method provides necessary preparation.
Loren Dejonge Schulman 18, Deputy Director of Studies and Leon E. Panetta Senior Fellow at the Center for a New American Security., 12-4-2018, "Policy Roundtable: The Future of Progressive Foreign Policy – Texas National Security Review," Texas National Security Review, https://tnsr.org/roundtable/policy-roundtable-the-future-of-progressive-foreign-policy/~~#'ftn75 In his essay on what a progressive national security agenda should look like, Van
AND
transparent, and therefore accountable. What could be more progressive than that?
1/30/22
SO - AC - Euphoric TRIPS v8
Tournament: Greenhill Fall Classic | Round: 6 | Opponent: Lexington BF | Judge: Sam Anderson
1AC
Advantage
The current WTO patent system is locking in global cannabis monopolies.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM B. How the Patent Has Become a Tool for Globalization The trade-
AND
, the inventor could create an economic climate close to a global monopoly.
Thailand proves – the world is trending towards legalization but big pharma patents lock in cannabis monopolies and crowd out local growth.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM The reason the Thai public was so concerned over the cannabis patents filed by Otsuka
AND
, as a resolution to the Canadian recusal from the UN Single Convention.
Big pharma leverages cannabis patents to block out competition and secure monopoly – decks medical marijuana access
Barnett 20 Hailey A. Barnett ~J.D. candidate 2020, Tulane University Law School; B.A. 2017, Communication, cum laude, Texas AandM University.~, "High Risk, High Reward: Patent Law's Effects on the Medical Marijuana Industry," Tulane Journal of Technology and Intellectual Property 22 (2020): 125-164 https://heinonline.org/HOL/LandingPage?handle=hein.journals/tuljtip22anddiv=8andid=andpage= SM B. Cannabis Patents and Pharmaceutical Companies Patent protection is a key component of
AND
of wealthy, powerful entities to ensure smaller entities are not marginalized.219
Monopolies kill cannabis biodiversity which throttles medical marijuana advances and industry innovation.
Barnett 20 Hailey A. Barnett ~J.D. candidate 2020, Tulane University Law School; B.A. 2017, Communication, cum laude, Texas AandM University.~, "High Risk, High Reward: Patent Law's Effects on the Medical Marijuana Industry," Tulane Journal of Technology and Intellectual Property 22 (2020): 125-164 https://heinonline.org/HOL/LandingPage?handle=hein.journals/tuljtip22anddiv=8andid=andpage= SM A. Biodiversity Implications for Cannabis Strain Patents Biodiversity, or biological diversity,
AND
effects on that country's biodiversity and its rights to that biodiversity.2 50
Monopolies kill market growth and disincentivize innovation.
over the long-term as well as ongoing innovation and product accessibility.
Cannabis industry drives African econ recovery.
Kafeero 7/2 "Business is starting to trump morality in Africa’s cannabis industry" Stephen Kafeero is a Ugandan investigative journalist, He has practiced since 2010 contributing to different publications. He is an Open Society Foundation fellow for Investigative Journalism at University of Witwatersrand in Johannesburg and is a candidate for an MA in Journalism and Media Studies. July 2, 2021 https://qz.com/africa/2028012/africas-cannabis-industry-is-set-to-boom-due-to-legalization/ SM The prospect of legalized cannabis in Africa, unimaginable less than a decade ago,
AND
, Nigeria, Morocco, Malawi, Ghana, eSwatini, and Zambia.
Ensuring a localized industry rather than foreign exploitation is key.
Fried 19 "The African Cannabis Economy" Carey Fried ~Marketing VP at iCAN~, October 10, 2019 https://www.canna-tech.co/cannatech/african-cannabis-economy/ SM Africa’s cannabis industry and the circular economy Cannabis legalization trends are sparking hope.
AND
need to have a long-term focus on value addition and research."
That’s key to preventing terror.
Ray 1/11 "Does Africa Matter to the United States?" Charles A. Ray ~a member of the Board of Trustees and Chair of the Africa Program at the Foreign Policy Research Institute, served as U.S. Ambassador to the Kingdom of Cambodia and the Republic of Zimbabwe~ January 11, 2021 https://www.fpri.org/article/2021/01/does-africa-matter-to-the-united-states/ SM The population of African countries is also overwhelmingly young. Approximately 40 of Africans
AND
political climate of Libya also pose a threat to sub-Saharan Africa.
Causes terrorist CBW usage.
Fyanka 20 Bernard B. Fyanka (epartment of History and International Studies, Redeemer’s University) (2020): Chemical, biological, radiological and nuclear (CBRN) terrorism: Rethinking Nigeria’s counterterrorism strategy, African Security Review, DOI: 10.1080/10246029.2019.1698441 (SGK) The most commonly used non-conventional weapons are chemical or biological in nature.
AND
where the use of biochemical weapons is the norm rather than the exception.
, vital soil that can better address our current environmental and agricultural crises.
Warming causes extinction
Pester 21 (Patrick, staff writer for Live Science. His background is in wildlife conservation and he has worked with endangered species around the world. Patrick holds a master's degree in international journalism from Cardiff University in the U.K. and is currently finishing a second master's degree in biodiversity, evolution and conservation in action at Middlesex University London. Citing Luke Kemp, a research associate at the Centre for the Study of Existential Risk at the University of Cambridge in the United Kingdom AND Michael Mann, PhD, distinguished professor of atmospheric science at Penn State. "Could climate change make humans go extinct?" https://www.livescience.com/climate-change-humans-extinct.html August 30, 2021)DR 21 According to Mann, a global temperature increase of 5.4 degrees Fahrenheit (
AND
. If we act boldly now, we can avoid the worst impacts."
Plan – the member nations of the World Trade Organization ought to delay patent enforcement for cannabis.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM Includes enforcement and duration A simple solution to the problem is this: if
AND
be achieved through controlling varying means and portions of the patent application process.
The plan solves by reigning in monopolies without killing innovation.
Kellner 21 "Mitigating the Effects of Intellectual Property Colonialism on Budding Cannabis Markets" Hughie Kellner ~Hughie Kellner came from the small farm town of Uvalde, Texas and received a bachelor’s degree in Physics from the University of Texas at Austin. Upon graduation from the Indiana University Maurer School of Law, Hughie will deploy his physics degree while prosecuting patents in the Frankfurt am Main, Germany office of Leydig, Voit, and Mayer. After Hughie’s first year at Maurer, he worked for a law firm in Thailand as a Stewart Fellow.~ Indiana Journal of Global Legal Studies Vol. 28 ~#1 (Winter 2021) https://www.repository.law.indiana.edu/ijgls/vol28/iss1/9/ SM Patents may still be sought and possibly even acquired if the government so chooses.
AND
cannot monopolize their innovations, and are thus placed on an equal footing.
these circuits contribute to diverse pathologies, including obesity and addiction or RDS.
Thus, the standard is consistency with hedonic act utilitarianism.
Prefer additionally:
1~ Actor specificity –
A~ Aggregation – every policy benefits some and harms others, which also means side constraints freeze action.
B~ No intent-foresight distinction – If we foresee a consequence, then it becomes part of our deliberation which makes it intrinsic to our action since we intend it to happen.
2~ No act-omission distinction –
3~ Evolution – only a naturalistic understanding of the world explains it.
Lutz and Lenman 18. Lutz, Matthew and Lenman, James, "Moral Naturalism", The Stanford Encyclopedia of Philosophy (Fall 2018 Edition), Edward N. Zalta (ed.), URL = https://plato.stanford.edu/archives/fall2018/entries/naturalism-moral/.Massa The second argument against moral non-naturalism concerns moral epistemology. According to evolutionary
AND
, instead, provide a deep vindication of those beliefs (Copp 2008).
9/19/21
SO - AC - Jordan
Tournament: Greenhill Fall Classic | Round: Doubles | Opponent: Lexington AK | Judge: Gordon Krauss, Serena Lu, Ishan Rereddy
1AC
1AC - Advantage
Current TRIP-plus data exclusivity standards in Jordan devastate healthcare accessibility and the economy.
Barqawi 19 "The access to medicine puzzle: scaling back the negative effects of the Jordan–US Free Trade Agreement" Laila Barqawi ~Lecturer of University of Central Lancashire, Preston (UCLAN)~. Journal of Intellectual Property Law and Practice, Volume 14, Issue 9, September 2019, Pages 678–686, https://doi.org/10.1093/jiplp/jpz080 SM Jordanian officials have started to recognize the negative impact of data exclusivity as can be
AND
cost consumers in Jordan’s retail market US$ 18 million in 2004.11
Data exclusivity is the key internal link to blocking generic competition, economic growth, and affordable healthcare – case study proves.
Malpani 09 "All costs, no benefi ts: How the US – Jordan free trade agreement affects access to medicines" Rohit Malpani ~a senior campaigns advisor at Oxfam America. He currently manages Oxfam International’s access-to-medicines campaign~. 2009 Palgrave Macmillan 1741-1343 Journal of Generic Medicines Vol. 6, 3, 206–217 https://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.851.5138andrep=rep1andtype=pdf SM HOW TRIPS-PLUS RULES HAVE RESTRICTED GENERIC COMPETITION IN JORDAN SINCE 2001 Since
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have received an additional 3 years of monopoly protection for new indications. 4
Data exclusivity creates monopolies that guts access to affordable medicine – data proves.
Armouti and Nsour 16 "Data Exclusivity for Pharmaceuticals: Was It the Best Choice for Jordan Under the U.S.- Jordan Free Trade Agreement?" WAEL ARMOUTI ~LL.M in intellectual property law, Faculty of Law, the University of Jordan (Amman, Jordan), Legal Affairs Director at Jordan Food and Drug Administration (JFDA).~ AND MOHAMMAD F.A. NSOUR ~Lawyer and associate law professor at the University of Jordan.~ OREGON REVIEW OF INTERNATIONAL LAW ~Vol. 17, 259 2016~ https://scholarsbank.uoregon.edu/xmlui/bitstream/handle/1794/20019/Nsour.pdf?sequence=1andisAllowed=y SM In order to control diseases, people must be able to access affordable medicines.
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with a 2 million JD saving.258 Chart 2 represents this saving.
Data exclusivity stymies the generic market which is key to the Jordanian pharmaceutical industry. That spills over to neighboring countries and the Jordanian economy writ large.
Armouti and Nsour 16 "Data Exclusivity for Pharmaceuticals: Was It the Best Choice for Jordan Under the U.S.- Jordan Free Trade Agreement?" WAEL ARMOUTI ~LL.M in intellectual property law, Faculty of Law, the University of Jordan (Amman, Jordan), Legal Affairs Director at Jordan Food and Drug Administration (JFDA).~ AND MOHAMMAD F.A. NSOUR ~Lawyer and associate law professor at the University of Jordan.~ OREGON REVIEW OF INTERNATIONAL LAW ~Vol. 17, 259 2016~ https://scholarsbank.uoregon.edu/xmlui/bitstream/handle/1794/20019/Nsour.pdf?sequence=1andisAllowed=y SM Since 2001, no real foreign investments from originator companies in Jordan have materialized.
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, the decrease in pharmaceutical industry export will affect the Jordanian economy.278
Jordan generic pharmaceutical industry is key to economic growth and Middle East healthcare.
an enabling environment for sustained growth, job creation, and improved health.
Economic stagnation structurally locks in instability in Jordan.
Wolf 4/14 "A Hashemite Family Reunion Can’t Hide Jordan’s Woes" Albert B. Wolf, an associate research fellow at Johns Hopkins SAIS and an assistant professor of political science at the American University of Central Asia. April 14, 2021 https://foreignpolicy.com/2021/04/14/jordan-abdullah-hamzah-hashemite-family-reunion-cant-hide-economic-woes/ SM ÂÂA Hashemite Family Reunion Can’t Hide Jordan’s Woes Making nice after an alleged
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from Hamzah or from another royal rival who has yet to reveal himself.
Jordan instability due to economic failure spills over regionally – independently ruins Israel-Jordan peace treaty.
Al-Shami et al 4/13 "Jordan’s Thorny Spring Spells Trouble for the Middle East" Farah Al-Shami, Research Fellow, Arab Reform Initiative (ARI), Tuqa Nusairat, Deputy Director, Rafik Hariri Center for the Middle East - Atlantic Council, Paolo Maggiolini, Associate Researcher, Italian Institute for International Political Studies (ISPI) and Lecturer in History of Islamic Asia, Catholic University of Milan, Bruce Riedel, Senior Fellow, Foreign Policy, Center for Middle East Policy, Center for Security, Strategy, and Technology, Director - The Intelligence Project, Brookings, April 13, 2021 https://www.ispionline.it/en/pubblicazione/jordans-thorny-spring-spells-trouble-middle-east-30024 SM Jordan's image, painstakingly built by the country’s authorities as an oasis of relative stability
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to survival of the Israel-Jordan peace treaty which is deeply unpopular."
Instability spills over to Israeli security crises specifically.
Solomon 4/6 "Instability in neighboring Jordan is ‘bad news’ for Israel" Ariel Ben Solomon ~Middle East Correspondent for the Jerusalem Post~, Apr 6, 2021 https://www.jns.org/instability-in-neighboring-jordan-is-bad-news-for-israel/ SM Instability in neighboring Jordan is ‘bad news’ for Israel For the past several
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not in the offing, instability in Jordan is bad news for Israel."
Collapse of Israel-Jordan Peace Treaty causes Middle East war.
a locally produced ICU bed, massively cheaper than those imported from abroad.
Failure to contain the pandemic causes Middle East escalation – multiple hotspots.
Alaaldin 20 "COVID-19 will prolong conflict in the Middle East" Ranj Alaaldin ~visiting fellow at the Brookings Doha Center and nonresident fellow in the Foreign Policy program. He's also the director of a Carnegie Corporation project on proxy warfare in the Middle East.~, April 24, 2020 https://www.brookings.edu/blog/order-from-chaos/2020/04/24/covid-19-will-prolong-conflict-in-the-middle-east/ SM CONFLICTS AROUND THE REGION In Libya, as Frederic Wehrey and others have pointed
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which houses 70,000 refugees, including ISIS combatants and their families.
Middle East turmoil goes nuclear.
Silverstein 4/23 "Iran-Israel tensions: The threat of nuclear disaster looms large," Richard Silverstein ~writes the Tikun Olam blog, devoted to exposing the excesses of the Israeli national security state~, 23 April 2021 https://www.middleeasteye.net/opinion/iran-israel-tensions-threat-nuclear-war-looms-large SM Israel had a near-miss of potentially catastrophic proportions on Thursday. As it
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will fight with F-35s, ballistic missiles and possibly nuclear weapons.
Regional war escalates quickly and draws in Russia and the US.
to escalation there, and perhaps even military intervention by the United States.
Nuke war causes extinction – Ice Age, famines, and war won’t stay limited
Edwards 17 ~Paul N. Edwards, CISAC’s William J. Perry Fellow in International Security at Stanford’s Freeman Spogli Institute for International Studies. Being interviewed by EarthSky. How nuclear war would affect Earth’s climate. September 8, 2017. earthsky.org/human-world/how-nuclear-war-would-affect-earths-climate~ Note, we are only reading parts of the interview that are directly from Paul Edwards — MMG In the nuclear conversation, what are we not talking about that we should be
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two nuclear powers would stay limited to these smaller, less destructive bombs.
Plan: The Hashemite Kingdom of Jordan ought to reduce data exclusivity for medicines.
Barqawi 19 "The access to medicine puzzle: scaling back the negative effects of the Jordan–US Free Trade Agreement" Laila Barqawi ~Lecturer of University of Central Lancashire, Preston (UCLAN)~. Journal of Intellectual Property Law and Practice, Volume 14, Issue 9, September 2019, Pages 678–686, https://doi.org/10.1093/jiplp/jpz080 SM We now examine each of the JFDA’s recommendations:
‘Shortening the
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authority, ending the protection referred to in Article 89 shall be justified.
Reducing data exclusivity revives the generic market which boosts accessible healthcare and the economy.
Alawi and Alabbadi 15 Investigating the Effect of Data Exclusivity on the Pharmaceutical Sector in Jordan Rand Alawi ~Pharmacist, MBA, Faculty of Business, The University of Jordan~ and Ibrahim Alabbadi ~ Associate Professor, MBA, PhD, Biopharmaceutics and Clinical Pharmacy Department, Faculty of Pharmacy, The University of Jordan Jordan Journal of Pharmaceutical Sciences, Volume 8, No. 2, 2015 https://journals.ju.edu.jo/JJPS/article/view/9377/4480 SM On the other hand, medicines prices have continued to rise in Jordan after IP
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medicine with no generic equivalent was resulted from the enforcement of data exclusivity.
1AC – Framing
Naturalism is true – evolution.
Lutz and Lenman 18. Lutz, Matthew and Lenman, James, "Moral Naturalism", The Stanford Encyclopedia of Philosophy (Fall 2018 Edition), Edward N. Zalta (ed.), URL = https://plato.stanford.edu/archives/fall2018/entries/naturalism-moral/.Massa The second argument against moral non-naturalism concerns moral epistemology. According to evolutionary
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, instead, provide a deep vindication of those beliefs (Copp 2008).
these circuits contribute to diverse pathologies, including obesity and addiction or RDS.
Thus, the standard is consistency with hedonic act utilitarianism.
Prefer additionally:
1~ Actor specificity –
A~ Aggregation – every policy benefits some and harms others, which also means side constraints freeze action.
B~ No intent-foresight distinction – If we foresee a consequence, then it becomes part of our deliberation which makes it intrinsic to our action since we intend it to happen.
2~ No act-omission distinction –
A~ Psychology – choosing to omit is an act itself – governments decide not to act which means being presented with the aff creates a choice between two actions, neither of which is an omission.
B~ Actor specificity – governments are culpable for omissions cuz their purpose is to protect the constituency – otherwise they would have no obligation to make murder illegal. Only util can escape culpability in the instance of tradeoffs
– i.e. it resolves the trolley problem cuz a deontological theory would hold you responsible for killing regardless. Actor spec o/w – different agents have different ethical standings that affect their obligations and considerations.
‘Shortening the term of data exclusivity for new chemical entity: neither TRIPS nor Jordan-US FTA request the five years.’14 As mentioned above, Jordan has gone beyond its TRIPS obligations to provide five years of protection for data exclusivity.15 To this effect, Jordan should repeal Article 8 of Jordan’s Law No 15 on Unfair Competition and Trade Secrets Law, which reduces data exclusivity protection to 3years as per JUSFTA. Jordan should continue its efforts to redefine what constitutes a New Chemical Entity (NCE), started with a circular dated 16 June 2009 by the JFDA’s director general: A New Chemical Entity is the pharmaceutical product that contains active moiety or moieties that is responsible for physiological or pharmacological effect whereby no more than eighteen months have elapsed from the date of first registration of any of its ingredients (components) singly or collectively in any country in the world irrespective of any difference in, including but not limited to, type of salt, ester, isomer, complex or other derivative. A pharmaceutical product shall be considered to have the same chemical entity even if there is a difference in polymorph, metabolite, enantiomer, solvate, size of particles, formulation, combination, or method of use, pharmaceutical dosage form or concentration.16 Jordan has also excluded isomers and new crystalline forms from its NCE definition.17 Further suggestions on how to restrict the definition of an NCE are offered below. 2. ‘Start date of data exclusivity: a country can consider that the start date for granting data exclusivity is the first registration of the product worldwide.’18 Jordan’s start date of data exclusivity is the date of first registration of a medicine in Jordan. This is pursuant to Article 4.22 of JUSFTA. Jordan could amend its laws to reflect the above recommendation, as other countries have done. For instance, Peru’s Legislative Decree allows five-year term of data exclusivity protection ‘to start concurrently from the date the product is approved in other countries with high sanitary monitoring or approval regime.’19 Jordan could attempt to go farther in decreasing the existing negative effect of data exclusivity specifically as per the Chilean example by amending its national laws to limit pharmaceutical data protection availability to the year following grant of marketing approval, which means that the drugs’ test data not marketed within the year are not protected so that the period of protection for the pharmaceutical test data starts early.20 3. ‘JFDA should examine the test data protection conditions before granting data exclusivity: Then, JFDA can issue a protection certificate confirming complaint of data exclusivity conditions’21 The JFDA, in its capacity to register drugs,22 does not scrutinize test data protection and check whether it has been granted previously or not,23 instead relying on the applicant’s declaration.24 This recommendation requires specialized patent examiners that will be able to assess and examine test data protection conditions to grant data exclusivity. 4.‘Undisclosed test data: this should be defined in the registration criteria and JFDA should examine this condition by requesting a certificate from the originator company declaring that the submitted test data have not been published by any means or in any way. If the data become non-confidential, then the JFDA has the right to end the data exclusivity period.’25 The JFDA, currently, requests that clinical trials of phase III be published. This does not fulfil the requirement of data confidentiality under Article 39.3 of TRIPS.26 To this effect, JFDA grants five years of data exclusivity without checking ‘whether data submitted for regulatory approval has been previously disclosed.’27 The JFDA, however, assesses ‘the published data of Phase III’.28 Undisclosed clinical trial data is a universal issue and various initiatives have been put in place to tackle this.29 A study conducted recently has shown that only ‘57 of clinical trial results for a new drug are made publicly available’.30 Jordan may implement national laws to state that if a summary of clinical studies ‘or of information in scientific literature’ is publicly available then this is ‘sufficient to consider the test data as disclosed’.31 For instance, in accordance with a policy applied since January 2015 by the European Medicines Agency, the information about clinical studies cannot be considered ‘commercial confidential information’.32 While ‘clinical reports may not be used to support a MAA ~marketing authorisation application~/ extensions or variations to a MAA nor to make any unfair commercial use of the clinical reports’,33 the restriction does not change the nature of the information as disclosed to the extent that it is publicly available.34 In this context, Jordan could argue that such disclosures are sufficient to negate data exclusivity to a drug. 5. ‘Considerable efforts: this should be defined in the registration criteria and JFDA should examine this condition by requesting evidence from the originator company to show that the generation of the submitted test data involved considerable efforts by reporting the cost and the period involved in the generation of the submitted test data.’35 Jordan does not examine the considerable effort element36 or have a definition37 for it despite it being a requirement of Article 39.3 TRIPS. The JFDA should define this and require the originator company to submit a declaration or certificate stating how conditions are fulfilled. This recommendation is straightforward and is in line with other countries policies such as Peru. Peru’s Legislative Decree protects cases if ‘generating it has involved considerable efforts’ and therefore the submission of undisclosed test data is ‘necessary to determine the safety and efficiency of such product’.38 This has been applied by Colombia’s Decree 2085 of 2002, which introduced seven exceptions. The most relevant to this recommendation states that ‘protection does not apply to: 1. Test data that are already in the public domain or have not involved considerable effort from the patent applicant to produce’.39 The benefit of fulfilling this recommendation is that Jordan will be able to ‘protect information against unfair commercial use’ as stipulated in Article 4.22 of JUSFTA,40 finally giving useful meaning to an ambiguous term. Achieving this will be in line with Article 39.3 of TRIPS as well as an advantage to use Article 4.22 of JUSFTA. 6. ‘Data exclusivity term should not extend beyond the patent term’. 41 A study on medicine affordability in Jordan concluded that medicine prices required review to provide inexpensive medication to the poor.42 Almost 32 per cent of the Jordanian population is not insured and will have to finance its own needs.43 A further issue highlighted in the study is that ‘the government is purchasing originator brands where lower-priced generics are available, which points to a lack of efficiency’.44 This clearly warrants a reviewing exercise by the JFDA to examine existing patented medications. JFDA should then produce a list of available alternatives. JFDA has been implementing a ‘standing operating policy’ which welcomes generic applications from an innovator during the final year of protection to allow prompt registration of affordable generic drugs.45 This policy, if applied effectively, could also ensure that data exclusivity terms will not extend beyond the patent term. 7. ‘Allow registration of the generic product for the purposes of export’.46 This recommendation is straightforward and is self-explanatory. Israel, for example, has removed its trade barriers and now allows for a generic product to be registered during the exclusivity period of the originator product for the purposes of export.47 8. ‘Grounds for revocation of the data exclusivity period: such as anti-competitive practices of the originator company: high prices, delay in marketing the product more than six months from approval date, stop marketing for more than six months or insufficient marketing of the product’.48 As mentioned previously, JUSFTA is the only FTA which does not stipulate grounds for pre-grant or limit grounds of revocation.49 This should be defined within Jordan’s national legislation because the status quo means that originator companies will not be penalized for various unlawful acts. The author would add to the recommendation that grounds of revocation should include acts of inequality, misrepresentation and fraud, as per the Bahrain-US FTA (BUSFTA). 50 9. ‘Waive data exclusivity protection in cases of compulsory licensing: in case of the issuance of a compulsory license, the generic company is still required to submit clinical trials. Therefore, data exclusivity should be waived in such cases’. 51 Jordan’s regulations could provide that ‘data exclusivity shall have no effects against a compulsory licensee granted for any of the grounds established under the applicable patent law, or against persons authorized to undertake a governmental non-commercial use of the patented product’.52 Furthermore, Malaysia adopted similar stances to mitigate the effects of data exclusivity as per section 5 of Malaysia’s 2011 Directive of data exclusivity, entitled ‘Non-Application of Data Exclusivity’, according to which: ‘Nothing in the Data Exclusivity shall: apply to situations where compulsory licenses have been issued or the implementation of any other measures consistent with the need to protect public health and ensure access to medicines for all; or prevent the Government from taking any necessary action to protect public health, national security, non-commercial public use, national emergency, public health crisis or other extremely urgent circumstances declared by the government.’53 10. ‘Waive data exclusivity in cases of emergency and public interest.’54 Colombia succeeded in including a clause in its Decree 2085 of 2002 which states that ‘protection does not apply to: ~~ 4. Information whose disclosure is necessary to protect the public interest’.55 This is an important waiver to include in Jordanian legislation because access to medicine is a human right, as stipulated within various international documents, such as the Universal Declaration of Human Rights 1948 at Article 25,56 the preamble57 and Article 158 of 1946 Constitution of the World Health Organisation and the 1966 International Covenant on Economic, Social, and Cultural Rights.59 It is arguable that TRIPS and TRIPS-plus clauses are in conflict with human rights clauses; however, this issue is beyond the scope of this article.
Tournament: Nano Nagle RR | Round: 1 | Opponent: Immaculate Heart BC | Judge: Nick Fleming 1AC Advantage Current TRIP-plus data exclusivity standards in Jordan devastate healthcare accessibility and the economy. Barqawi 19 "The access to medicine puzzle: scaling back the negative effects of the Jordan–US Free Trade Agreement" Laila Barqawi ~Lecturer of University of Central Lancashire, Preston (UCLAN)~. Journal of Intellectual Property Law and Practice, Volume 14, Issue 9, September 2019, Pages 678–686, https://doi.org/10.1093/jiplp/jpz080 SM Jordanian officials have started to recognize the negative impact of data exclusivity as can be seen through the Jordan’s food and drug administration’s (JFDA) submissions to the UN High Level Panel below. We explore their workability in an attempt to scale back the negative effects of TRIPS-plus and data exclusivity. Data exclusivity operates as a ‘wholly distinct form of intellectual property rights and could not be overcome by a compulsory license.’2 Furthermore, TRIPS protects only ‘undisclosed data’ to prevent ‘unfair commercial use’; it does not confer either exclusive rights or an automatic period of marketing monopoly.3 TRIPS does not define what constitutes ‘commercial use’.4 There have been arguments for data exclusivity in that it incentivizes innovation in the field of pharmaceutical drugs and assists pharmaceutical companies in recouping the costs of clinical trials and clinical trial data transparency.5 These arguments have been refuted on the basis that a few years of patent protection is adequate to recover the cost of clinical trials as US companies, for example, have made an excess of USD 1 billion on 55 ‘blockbuster’ drugs in 2013.6 As part of Jordan’s WTO’s accession package, Jordan agreed to block registration and marketing approval of generic medicine for five years, ‘even when no patents exist’.7 This has been implemented through the Trade Secrets and Unfair Competition Draft Law, which had been referred to Parliament in November 19998 and is now Article 8 of Jordan’s Law No 15 of 2000 on Unfair Competition and Trade Secrets (UCTS).9 This is clearly TRIPS-plus in nature. Moreover, restrictions by JUSFTA also require three further years for data exclusivity for new uses, which clearly is an e xcessive form of protection for an existing TRIPS-plus condition. The effect of this restricted use of data exclusivity is evidenced by the 103 registered medicines which were launched since 2001 and had no patent protection in Jordan; of these, at least 79 per cent had no competition from a generic equivalent as a consequence of data exclusivity.10 This suggests that data exclusivity limits competition. Beyond implications for competition, there are financial effects as well. For example, an analysis funded by the Medicines Transparency Alliance estimated that the delayed market entry of generics resulting from TRIPS-plus requirements in JUSFTA cost consumers in Jordan’s retail market US$ 18 million in 2004.11 Data exclusivity is the key internal link to blocking generic competition, economic growth, and affordable healthcare – case study proves. Malpani 09 "All costs, no benefi ts: How the US – Jordan free trade agreement affects access to medicines" Rohit Malpani ~a senior campaigns advisor at Oxfam America. He currently manages Oxfam International’s access-to-medicines campaign~. 2009 Palgrave Macmillan 1741-1343 Journal of Generic Medicines Vol. 6, 3, 206–217 https://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.851.5138andrep=rep1andtype=pdf SM HOW TRIPS-PLUS RULES HAVE RESTRICTED GENERIC COMPETITION IN JORDAN SINCE 2001 Since the US – Jordan FTA was formally enacted on 17 December 2001, TRIPS-plus rules have given multinational pharmaceutical companies more tools to prevent generic competition with their products. In fact, most pharmaceutical companies have not bothered to apply for patent protection for medicines launched onto the Jordanian market. Instead, multinational drug companies rely on TRIPS-plus rules, in particular, data exclusivity, to prevent generic competition for many medicines. A. Patenting practices of foreign drug companies in Jordan since 2001 Numerous medicines marketed in Jordan after enactment of the FTA were not patented by multinational pharmaceutical companies. Working with the Jordan Patent Office and a local patent law fi rm, Oxfam analysed 108 medicines launched onto the Jordanian market since 2001. These medicines represent 42 per cent of all new medicines with no generic equivalent launched from 2002 until mid-2006, and more than 70 per cent of sales of new medicines with no generic equivalent. Of 108 medicines registered and launched by 21 multinational pharmaceutical companies since 2001 that currently enjoy a market monopoly in Jordan, only five medicines have product patent protection. 1 According to local industry and government officials, most multinational companies decided not to file patent applications after the US – Jordan FTA was signed because: (1) Jordan is not a member of the Patent Co-operation Treaty (PCT), thereby making patent filings expensive, complicated and time-consuming for new medicines; (2) many medicines without a generic equivalent would have qualified for little or no patent protection in Jordan owing to the original patent filing date; and (3) pharmaceutical companies concluded that data exclusivity effectively prevents generic competitors from entering the market for 5 years following registration of the originator medicine. In fact, of the 21 multinational drug companies, only three bothered to patent medicines that they launched onto the Jordanian market by mid-2006. The other multinational drug companies chose to rely on data exclusivity to enforce at least a 5-year market monopoly for medicines that were launched onto the Jordanian market by mid-2006. 2 Data exclusivity creates a new system of monopoly power, separate from patents, by blocking the registration and marketing approval of generic medicines for 5 or more years, even when no patent exists. Drug regulatory authorities are prevented from using the clinical trial data developed by the originator company to establish the safety and efficacy of a medicine in order to approve the marketing of a generic medicine that has already been shown to be equivalent to the original one. This delays or prevents generic competition. The TRIPS Agreement protects only ‘undisclosed data ’to prevent ‘ unfair commercial use ’ ; it does not confer either exclusive rights or a period of marketing monopoly. Earlier studies indicate that enforcing data exclusivity results in significant price increases for medicines. 3 Data exclusivity prohibits generic competition for a specified period of time. The alternative would be for generic manufacturers to repeat clinical trials of medicines to prove their safety and efficacy. However, doing this would violate medical ethics because clinical trial methodologies would require some patients to be given placebos. Giving placebos when the safety and clinical validity of the medicine being tested is already established and is unethical. In recent years multinational drug companies have started to file patent applications for drug precursors that will eventually be launched on the Jordanian market. It generally requires between 8 and 10 years to obtain a medicine to the market from the time the patent application is fi led. Data exclusivity will ensure that even if a patent application is rejected, the pharmaceutical company can secure at least 5 years of monopoly protection. Data exclusivity prevents generic competition independent of patent protection Multinational pharmaceutical companies have prevented generic competition for many medicines by solely enforcing data exclusivity provisions in Jordan ’ s IP law. This is because companies can rely upon data exclusivity more easily than patent protection to deny generic competition. Patent offices apply rigorous standards and impose safeguards to ensure that only innovative medicines are granted a monopoly. On the contrary, a pharmaceutical company merely has to submit clinical trial data to obtain a 5-year market monopoly. According to Oxfam ’ s analysis of 103 medicines registered and launched since 2001 that currently have no patent protection in Jordan, at least 79 per cent have no competition from a generic equivalent as a consequence of data exclusivity. Jordanian generic manufacturers expressed frustration at the data exclusivity law because multinational pharmaceutical companies can rely upon data exclusivity to preclude generic competition. A generic competitor could replicate these medicines, in the absence of a data exclusivity law, shortly after the medicine’s launch on the domestic market. Although data exclusivity was imposed as a result of the US – Jordan FTA and WTO accession, the TRIPS-plus measures benefit many other countries ’multinational drug companies. At least 21 US, European Union (EU), and Swiss drug companies have taken advantage of the benefits of data exclusivity. TRIPS-plus rules, although imposed by the US FTA, benefit all drug companies because developing countries must alter their national IP laws to fully implement TRIPS-plus rules. Thus, all pharmaceutical companies marketing medicines in a developing country, including European companies, benefit from these changes, and benefit from US efforts to impose TRIPS-plus rules elsewhere. Consequences of data exclusivity on public health Generic competition drastically reduces medicine prices. Multinational pharmaceutical companies that enforce data exclusivity for their clinical trial data in Jordan can prevent the onset of generic competition for 5 years, even without a patent on the medicine. In contrast, nearby Egypt has not introduced data exclusivity and other TRIPS-plus rules, and multinational pharmaceutical companies have only received patent protection for medicines from 2005 onwards. Thus, most medicines currently sold on the Egyptian market have no form of monopoly protection (and therefore may have multiple generic competitors). Heart disease and diabetes are serious public health problems in both Jordan and Egypt. Jordan had approximately 195,000 cases of diabetes in 2000, while Egypt, a more populous country, had an estimated 2.6 million cases. Similarly, according to 2002 WHO (World Health Organization) estimates, heart disease is one of the leading causes of death in both countries. A comparison of prices for five best-selling medicines that treat diabetes and cardiovascular disease in Jordan and Egypt illustrates the enormous disparity between the costs of the originator medicine in Jordan (with no generic competitor available solely because of data exclusivity) against the lowest-priced generic equivalent in Egypt (where price reductions owing to generic competition are unrestricted) (see Table 1 ). These new medicines are significantly more expensive in Jordan than in Egypt. If TRIPS-plus rules had been present in Egypt, local manufacturers could not have driven down the prices for these medicines through generic competition, and the prices for these medicines would have been much higher. The result would have been increased healthcare costs and less medical treatment, especially for poor people. Three years of additional data exclusivity for new uses of old medicines Article 4 of the US – Jordan FTA requires Jordan ’ s drug regulatory authority to provide three additional years of data exclusivity when a drug manufacturer discovers a new use for a previously known chemical entity. There is considerable disagreement between the multinational pharmaceutical industry and the Jordanian government about which medicines can receive additional monopoly protection. Pharmaceutical companies have argued that a ‘ new use ’would broadly include new therapeutic indications, formulas, dosage forms and formulations. Therefore, companies have attempted, including through use of litigation and lobbying of the US Trade Representative ’ s office, to extend data exclusivity to trivial modifications of a medicine, such as arguing that a higher dosage of an existing medicine would qualify as a ‘ new use ’ . On the contrary, the government argued that a ‘ new use ’only extends, at a maximum, to new indications for old medicines. Despite this narrow definition, at least 25 medicines have received an additional 3 years of monopoly protection for new indications. 4 Data exclusivity creates monopolies that guts access to affordable medicine – reverse causal data proves. Armouti and Nsour 16 "Data Exclusivity for Pharmaceuticals: Was It the Best Choice for Jordan Under the U.S.- Jordan Free Trade Agreement?" WAEL ARMOUTI ~LL.M in intellectual property law, Faculty of Law, the University of Jordan (Amman, Jordan), Legal Affairs Director at Jordan Food and Drug Administration (JFDA).~ AND MOHAMMAD F.A. NSOUR ~Lawyer and associate law professor at the University of Jordan.~ OREGON REVIEW OF INTERNATIONAL LAW ~Vol. 17, 259 2016~ https://scholarsbank.uoregon.edu/xmlui/bitstream/handle/1794/20019/Nsour.pdf?sequence=1andisAllowed=y SM In order to control diseases, people must be able to access affordable medicines. International human rights have stated that access to affordable medicine, health facilities and services should be accessible to all without discrimination.240 Instead of enabling this internationally mandated access to affordable medicines, the data exclusivity approach operates by delaying the entrance of generic (affordable) medicines into the market, which has the consequence of increasing the monopoly duration of the originator companies.241 Under this regime, prices of medicine will increase by 20, according to the pricing regulations which give the generic product a maximum of 80 of the originator product’s price. Also, after the entrance of the generic product, some originators decrease their prices.242 According to an Oxfam report, data exclusivity has contributed to the problem by comparing the prices of selective medicines between Jordan and Egypt. This comparison illustrates the fact that prices in Jordan are much higher than Egypt, which is not currently implementing data exclusivity protection.243 Dr. Michael P. Ryan has responded to this Oxfam report, indicating that Jordanian prices are similar to prices in Saudi Arabia, and the pricing is according to the pricing regulation at the JFDA.244 Dr. Ryan did not take into account, however, the fact that for more than five years only the originator product will be present on the market. Another proponent of data exclusivity, the former PhRMA chairman in Jordan, posits that data exclusivity has helped the originator companies to provide people around the world with new molecules and has ultimately led to better health.245 Jordanians obtain medicine through either the public or private system. The public insurances cover 55 of the Jordanian population,246 and this system buys the medicines through tenders announced by the Joint Procurement Department (JPD). Data exclusivity’s effect on the prices is very obvious when one looks at the assigned prices for the tenders. The government is obliged to buy the originator product for almost six years with no competition from the generic product.247 After the approval of a generic product, the originator product price will come down. The JAPM has conducted an analysis study of the official tender (JPD) prices in 2009, 2010 and 2011.248 This study showed the cost savings for the government after the availability of the local generic products.249 The prices of the local generic products in 2009 and 2010 JPD tenders for ten therapeutic groups were less than the second bidders, at $25 million JPD. Table 1 illustrates the savings that resulted from buying local generic products, as compared to the originator prices for these two years.250 After the introduction of the local generic products in the JPD tender, the originator companies have reduced their products prices. The originators price reduction in twelve therapeutic groups was around 14 million JD in 2010 tender and around 1.7 million JD in 2011 tender compared to their prices for the year before local generic products were introduced. Table 2 illustrates the difference in prices bid by originator companies before and after the participation of Jordanian pharmaceutical companies in tenders of the same products.252 The study concluded that there was a reduction in the government’s spending on pharmaceuticals in the public health sector after the generic product was made available.254 This will lead to better utilization of our limited resources.255 Also, the JAPM has conducted an analysis of the price of a cancer product in public tenders. The 2009 tender price of this drug was 170.960 JD, while in the same year the generic product was registered with a public price of 86.700 JD. Thus, the price of the generic product was half the tender price. In 2010 tender, the originator product’s tender price was 56.000 JD, nearly 33 of the previous year’s tender price. Additionally, the JAPM has analyzed the prices of six products from the same therapeutic category in the 2010 tender. Here, the originator product’s price was 3128290 JD while the local generic product’s price for the same category was 1084806. That is, the percentage reduction on government spending due to the availability local generic product is more than 71, with a 2 million JD saving.258 Chart 2 represents this saving. Data exclusivity stymies the generic market which is key to the Jordanian pharmaceutical industry. That spills over to neighboring countries and the Jordanian economy writ large. Armouti and Nsour 16 "Data Exclusivity for Pharmaceuticals: Was It the Best Choice for Jordan Under the U.S.- Jordan Free Trade Agreement?" WAEL ARMOUTI ~LL.M in intellectual property law, Faculty of Law, the University of Jordan (Amman, Jordan), Legal Affairs Director at Jordan Food and Drug Administration (JFDA).~ AND MOHAMMAD F.A. NSOUR ~Lawyer and associate law professor at the University of Jordan.~ OREGON REVIEW OF INTERNATIONAL LAW ~Vol. 17, 259 2016~ https://scholarsbank.uoregon.edu/xmlui/bitstream/handle/1794/20019/Nsour.pdf?sequence=1andisAllowed=y SM Since 2001, no real foreign investments from originator companies in Jordan have materialized. There are two types of investment that have been introduced. The first is the expansion of originator companies’ scientific offices, which has had a negative impact on the local industry due to the aggressive sales tactics employed by these companies, those with which the local industry cannot compete. The other type of investment is contract manufacturing with local industry, manifested as secondary packaging only without any transfer of product know-how. The reason for this was to obtain a higher public price for the originator product, based on considering Jordan as country of origin. This is evident when we compare the Jordanian situation with that in neighboring country Egypt, which has many originator companies with manufacturing sites therein.261 Dr. Ryan has responded to the dearth of investment in the country by claiming that Jordan is a small pharmaceutical market in the region and that there is no reason to invest in manufacturing capacity. Additionally, he claims that medical tourism had grown due to implementation strong IPR.262 This position was confirmed by the ex-chairman of PhRMA in Jordan, who insisted that hospitals, doctors and pharmacies have benefited from health tourism due to drug availability.263 Furthermore, Originator companies are now conducting clinical trials in Jordan Research Centers because of the availability of a strong IPR environment.264 3. Promotion of Pharmaceutical Local Industry The pharmaceutical industry is one of the leading industries in Jordan. There are sixteen private companies.265 The number of employees includes approximately 5,500 directly employed workers and 5,000 indirectly employed workers, with 99 of this employment being Jordanian. The percentage of females employed is 37, 67 of which have university degrees.266 This sector is characterized as the highest-paid sector in Jordan.267 The investment in this sector is around $1 billion U.S. dollar and another $1 billion U.S. dollar in branches which are 17 branches in 8 countries.268 Eighty-one percent of local production is exported to 60 countries because of the high quality reputation of the local pharmaceutical industry, and it is considered number one between the Arab countries.269 Chart 3 represents the export of the local industry between 2004-2013.270 Five companies have either a European GMP or U.S. FDA approval.271 Pharma ex-chairman has stated that after data exclusivity, the local companies have upgraded their quality levels and they are now exporting their products to the European Union and United States.272 The JAPM has replied to this point that the local companies have taken this step regardless data exclusivity.273 The Jordanian pharmaceutical industry is considered to be a generic industry, one which does not involve innovation products. Few Jordanian companies have patents in this field, and the existing patents are mostly related to new techniques of old chemical entities, rather than to a new chemical entity. This lack of patents issued on the basis of innovation is due to insufficient financial resources for conducting the clinical trials that are required for new chemical entities, and also due to there being no foreign investment to support the local research and development or to strengthen the companies’ infrastructure.274 Additionally, the local pharmaceutical industry faces many obstacles in their bid to export to countries such as Saudi Arabia, Algeria, and Egypt; these countries tend to protect their own local industry.275 Additionally, as per the Secretary General of the JAPM, the enforcement of the data exclusivity approach has compounded the problem faced by Jordan’s pharmaceutical industry. Delaying the registration of the local generic product in Jordan, the country of origin, to around six years after the registration of the originator product consequently delays the generic product’s registration in export countries as well. Some countries request the marketing of the product in its country of origin for at least one year before submission of its registration file like Saudi Arabia. Additionally, other countries like Saudi Arabia price the generic products in descending order, so delaying the registration file submission will lead to a lower price, a price which might be untenable. Adding to this conundrum, a late market entry also has the effect of decreasing market share. Contrary to the situation in Jordan, the generic pharmaceutical industries of other countries like Israel and India have evolved to counter the effects of data exclusivity. These countries have set legislation in such a way as to promote their generic industry.276 For example, Israel registers a generic product during the exclusivity period of the originator product for the purposes of export.277 Beyond merely stymieing the growth of the Jordanian pharmaceutical industry, the constraints of the data exclusivity approach could have farther-reaching economic implications. Consequently, the decrease in pharmaceutical industry export will affect the Jordanian economy.278 Pharma growth is under-performing and unsustainable now – only a strong generic market can underpin long-term success. Data exclusivity hinders market development and broader Middle East healthcare – Jordanian exports are key. Cochrane 16 "Jordan's Pharmaceutical Sector Punches Above Its Weight" June 6, 2016 ~Paul Cochrane is an independent journalist. He has written for over 80 publications worldwide, covering business, media, politics and culture in the Middle East, Africa and the Indian subcontinent. He is the co-director of a documentary on the political-economy of water in Lebanon - We Made Every Living Thing from Water (on Vimeo). He is also a media commentator, and has appeared on Al Jazeera Arabic, Al Jazeera English, CBS-NYC radio, Canada's CTV and CBC Radio, Press TV, Etejah TV, Future TV, Al Manar, Sahar TV, Today FM Ireland, and South Korea's TBS eFHM radio. Paul has a BA in International History and International Politics from Keele University, UK, and a MA in Middle Eastern Studies from the American University in Beirut (AUB), Lebanon.~ http://backinbeirut.blogspot.com/2016/06/jordans-pharmaceutical-sector-punches.html SM Jordan may be small in population terms, but it packs a hefty punch in the Middle East pharma manufacturing sector With a population of just 6.6 million, Jordan may be a small country but it is one of the largest pharma manufacturers in the Middle East. A key reason for this is that production is export focused, particularly in the generics sector. The country’s manufacturing sector, with an annual turnover of US$500m, had been steadily growing at 8–10 per year until 2012, according to the Jordanian Association of Pharmaceutical Manufacturers and Medical Appliances (JAPM). But since the ‘Arab Spring' of 2011, exports have slowed due to instability in the region, notably the conflict in neighbouring Syria. Development is also being hindered because Jordan, unlike some of its regional competitors, notably Iraq and Iran, abides by the World Trade Organisation (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and data exclusivity. Since becoming a member of the WTO in 2000 and signing a free trade agreement with the USA in the same year, Jordanian companies have not developed any significant new medicines. That said, Jordan’s domestic pharma market is growing. According to UK- based BMI Research, the total market, including imports, reached Jordanian Dinars JOD643m ($905m) in 2014, and is forecast to grow by 6.4 in 2015, to JOD683m ($962m). Samer Al-Ansari, Marketing Director for the Middle East and North Africa (MENA) at Hikma, one of the region’s leading pharma manufacturers and exporters, established in Jordan and listed on the London Stock Exchange, says the total market grew by 9.4 in 2014, while according to BMI generic growth was 10.5. Driving sales is burgeoning population growth, at 4.2, further boosted by the influx of Syrian refugees: 937,830 were registered as of 2015, according to the United Nations High Commission for Refugees (UNHCR). Demand comes from the UN and other agencies supporting the refugees, and the market’s value is increasing due to the entry of patented products with high prices as well as an increase in generics, said Al-Ansari. However, aid agencies import medicines and individual refugees have low purchasing power. ‘Bluntly, demand for pharmaceuticals did not reflect the 15 rise in the population. Refugees are buying in small quantities, and only the essentials,’ said Mohammad Shahin, CEO of the Jordan Sweden Medical and Sterilisation Company (JOSWE), and Chairman of JAPM. The Jordanian healthcare sector is heavily supported by the government, with the ministry of health providing insurance to 40 of the population, followed by state health services organisation Royal Medical Services (RMS) covering 27.5, according to the Jordan Journal of Pharmaceutical Sciences (JJPS). Government healthcare spending is on the rise, projected to go from JOD1.86bn ($2.62bn) in 2014, to JOD1.97bn ($2.78bn) in 2015, a 6.2 increase, according to BMI Research. In 2016, compulsory health insurance is scheduled to be introduced to cover all Jordanians. If such a move happens, it is expected to be a boost for pharmaceutical sales. ‘The goal is to have local insurance companies support the private sector, but so far it has been only discussions, nothing has been agreed on yet. But you see that Jordan is moving towards the privatisation of healthcare, and wants to boost medical tourism,’ said Al-Ansari. Jordan has 16 pharmaceutical firms, which manufacture mostly generics or branded generics, bulk antibiotics and cancer-related treatments. The market is dominated by Hikma, followed by Dar Al Dawa, Arab Pharmaceutical Manufacturing, JOSWE, Pharma International and United Pharmaceutical Manufacturing. ‘Local companies supply around 20 of total domestic consumption, and the rest is imported,’ said Shahin. More than 70 of Jordanian pharma production is for export, to more than 65 countries, primarily in the Middle East, Africa and Asia. Regional instability has had a negative impact on exports, affecting the country’s overall economy, which is expected to grow by just 2.5 in 2015, according to the International Monetary Fund. ‘Our export markets are challenged to Iraq, Syria, Egypt and Saudi Arabia, as well as to Yemen and Sudan. You can anticipate issues in one or two countries but not four surrounding countries all having problems,’ said Hana Uraidi, CEO of the Jordan Enterprise Development Corporation (JEDCO). Financing has also been complicated by the instability, while credit lines are under pressure. ‘It’s hard to get extended credit lines as insurance companies are seeing Jordan as higher risk, so traders have to pay up front, and we have a cash problem. If we take out loans it affects overall costs and profits. Before, we thought the situation would calm down after two or three years, but the government is now forecasting problems for 10 years,’ she added. The closure of the Syrian border has hit the pharmaceutical sector particularly hard, as it was a major transit route for exports to Lebanon, and on to Turkey and northern Iraq, while the western Iraqi border has also been closed due to the presence of Islamic State. Companies are managing, however, to export to Kurdish Iraq and Baghdad, avoiding areas controlled by IS, while the central Iraqi government is still delivering drugs. ‘Overall exports are down by around 10–15 on 2014. It is not only neighbouring countries that have affected us, the whole region is affected, and in certain countries it is not clear who is in control. Payments are another problem,’ said Shahin. JOSWE expects a drop of 10 in its sales this year, with its business evenly split between local sales and exports. Syria was not an export market for Jordanian manufacturers prior to the conflict as the country was practically self-sufficient in pharmaceutical production. But although the Syrian sector has been ravaged by war it has started exporting to the Arab Gulf and north Africa, according to Shahin, which has detracted from Jordan’s export competitiveness due to low prices. Looking ahead, it may be generics that really underpin the Jordanian pharma sector’s success. WTO membership and its US trade deal have forced the country’s pharma sector to be transparent about producing generics and original research is still at an emerging stage due to a lack of investment, according to a 2015 article in the JJPS. The Jordanian Scientific Research Support Fund inked four agreements with public and private universities to develop pharmaceutical and medical research projects, worth $479,660 in September 2015, but it is not expected to cause any major upturn in the overall sector given the large investments elsewhere in the world. ‘We had hoped when we signed the WTO and IPR agreements that there would be a transfer of technology and know-how from multinationals to the local industry, but it’s been an unfulfilled promise,’ said Shahin. Currently, local producers engage in contract manufacturing for global majors, which contributes to less than 5 of the sector’s overall revenue, according to the JJPS. The rest of production is generics under licence, with most licensing agreements still in effect signed before 1999. Heightened competition Due to data exclusivity and a lack of diversification, there is heightened competition among manufacturers, while JAPM estimates that few companies are operating at more than 40 of installed capacity. ‘Pharmaceutical companies are all making the same product, and each product has 15 or 20 competitors, while some have 50 or even 100 if we include imports as well,’ said Shahin. Such products include second-, third- and fourth-generation generics. To bolster business, JOSWE has started producing generics not in the market, but few others have followed the same route. ‘JAPM is trying to advise companies not to add more similar generic products but to create variety and products not in the market,’ added Shahin. The overcrowded generics market has led to a domestic price war, with companies trying to sell the same generics at a price 20 lower than the originator drug. Companies are also having to make their generic products known in the market. ‘In the EU or the US you can sell a generic by its scientific name, but in the Middle East and North Africa (MENA) it is branded generics, so you have to build up a brand name,’ said Al- Ansari. The fact that the writ of TRIPS does not run across Jordan’s region is a problem: ‘You find firms in such countries registering more products than us as they are not as strict in protecting IPR agreements,’ said Shahin. Egypt, for instance, has no TRIPS-Plus provisions, mandating more data exclusivity in its IPR law, yet it has had more foreign investment in its pharma industry, boosting competition for Jordan. Price controls in Saudi Arabia to protect domestic production, and protectionism in Algeria to encourage pharmaceutical manufacturing are also affecting Jordanian exports. The JJPS noted that data exclusivity related to TRIPS affected Jordanian exporters, as they ‘will be out of their export markets for at least seven years – five years’ protection due to data exclusivity, one year registration time in Jordan and at least one year registration in the export market’. Scenario 1 Economic stagnation structurally locks in instability in Jordan. Wolf 4/14 "A Hashemite Family Reunion Can’t Hide Jordan’s Woes" Albert B. Wolf, an associate research fellow at Johns Hopkins SAIS and an assistant professor of political science at the American University of Central Asia. April 14, 2021 https://foreignpolicy.com/2021/04/14/jordan-abdullah-hamzah-hashemite-family-reunion-cant-hide-economic-woes/ SM A Hashemite Family Reunion Can’t Hide Jordan’s Woes Making nice after an alleged coup attempt obscures serious challenges, including water scarcity, a refugee crisis, and unhelpful neighbors. The Hashemite Kingdom of Jordan is no stranger to royal intrigues and attempted coups. The first 20 years of the late King Hussein’s rule was wracked with coup plots, assassination attempts, and a civil war with the country’s large Palestinian population. Most recently, the former crown prince and half-brother of King Abdullah II, Prince Hamzah, was accused of engaging in sedition and placed under the "protection of the king" (i.e., house arrest) until the two made a joint appearance on Sunday. On Monday, the prince pledged his allegiance to the incumbent monarch and seemingly defused the latest royal tempest. But his display of deference doesn’t mean the end of instability in Jordan. This episode is a symptom of the challenges Abdullah has faced since the outbreak of the Arab Spring, not the problem itself. It is unlikely to be the last challenge the king faces to his rule unless Jordan’s economy undergoes significant economic reforms—quickly. Jordan has experienced multiple bouts of protests that were brought on by economic downturns (including during the Arab Spring and the COVID-19 pandemic) and were met with a combination of changes in economic tactics and giveaway programs, repression, and government reshuffles. This plot supposedly came from within the royal court, giving a tabloid quality to a security threat, especially after the prince made his house arrest all the more unusual by issuing a personal statement online. However, Hamzah’s alleged plan to overthrow Abdullah is a distraction from Jordan’s ongoing strategic and economic problems that do not have readily apparent solutions. Bruce Riedel, a senior fellow at the Brookings Institution, described the latest royal feud as the "most serious political crisis" Jordan has faced in 50 years. Regional experts have heard these warnings before. However, Abdullah’s combination of political savvy and luck in negotiating the challenges he has faced since the outbreak of the Arab Spring does not mean he will continue be lucky in the future. Domestic stability cannot be taken for granted. Tourism, Jordan’s biggest industry, ground to a halt after the emergence of the COVID-19 pandemic. It had accounted for $5.8 billion in revenues in a $43 billion economy in 2019, but Jordan could not allow tourists back into the country as COVID-19 spread. Furthermore, remittances, which had accounted for $3.7 billion in 2018, were estimated to drop by nearly 20 percent for the entire region in 2020. Two weeks ago, protests broke out in Amman along with other cities because of the deaths of six people from COVID-19 at government hospitals. The cause was low oxygen supplies. However, the literature on comparative authoritarianism shows that protests may provide elites with opportunities to reveal their preferences and split from the incumbent regime. Should more protests occur due to the worsening economic situation, water shortages, the coronavirus crisis, or the strains of hosting a large refugee population, a window of opportunity may open for Prince Hamzah or another opportunistic contender for the throne. (According to Jordan’s Ministry of Planning and International Cooperation, 34 percent of the population are refugees, most of whom are Palestinian. The U.N. refugee agency counts 663,210 Syrians who have registered as refugees—while the Jordanian government counts more than 1.3 million.) Many commentators and Jordan watchers have expressed shock and surprise at Hamzah’s open criticism of Abdullah. However, the more shocking display has been the public outpouring of criticism of the incumbent monarch. Popular radio programs have reported regular call-ins criticizing Abdullah, blaming him for the country’s poor economic performance and corruption. Prior to the pandemic, the country had less than 2 percent annual growth, and nearly 1 in 4 adults were unemployed. Some Jordanians who have been left behind economically felt that Hamzah used the language of the Arab street to speak to people’s needs in order to advance his own interests. Even Jordanian Finance Minister Mohamad al-Ississ reportedly said, "Unemployment is this country’s greatest problem." Official figures put unemployment at 24 percent currently. Jordan’s supposed regional allies are not helping. The kingdom is surrounded by "frenemies" like Israel and Saudi Arabia, which, despite benefiting from the stability and cooperation of the Hashemite royal family, tend to engage in behaviors that undermine its steadiness. These frenemies’ behaviors exacerbate Jordan’s domestic political tensions. One of the most significant issues is water. Access to water is a problem for many Jordanians—and water theft is a big business that the state has failed to address. While water consumption continues to rise, an agreement with Israel’s government over providing an additional 8 million cubic meters remains elusive. Because of these problems, ordinary Jordanians are at the mercy of water thieves who drill untapped reservoirs without the permission of the state and charge what they want to people currently unserved and underserved by the state. Jordan has made clear it hopes to build a canal to the Red Sea or Dead Sea to ameliorate these problems, but, so far, it has been unable to cut a deal with Israel. There are rumors—and this time they are just that, rumors—that Saudi Arabia was involved in the alleged plot to overthrow Abdullah. It is important to note that once details of the arrests of Hamzah and others had leaked, most countries issued statements of support for Abdullah. However, some in Jordan fear that the Saudis are interested in a peace deal with Israel in order to displace the Hashemites as the guardians of Al-Aqsa Mosque and take over custodianship of Jerusalem’s holy places. The royal family’s latest feud is an allegory for Jordan’s ongoing economic and strategic problems. Should they continue, it is highly likely that this moderate ally of the United States and the West will find itself convulsed by domestic challenges again in the future. This could come in at least two forms: The first is another civil conflict with Jordan’s large Palestinian population. The second could be another challenge for the throne, possibly from Hamzah or from another royal rival who has yet to reveal himself. Economic dependency on the US is a ticking time bomb – it makes instability structurally inevitable absent a domestic economic boost. Younes 18 "Jordan’s economic crisis threatens political stability" Ali Younes, 14 Feb 2018 https://www.aljazeera.com/economy/2018/2/14/jordans-economic-crisis-threatens-political-stability SM Jordan’s economic crisis threatens political stability Anger simmers after the government hiked taxes between 50-100 percent on key food staples such as bread. Angry at the decision to increase food prices last month, restive Jordanians are demanding the government’s resignation and the dissolution of parliament. Last month, the government implemented a tax rise of between 50-100 percent on key food staples such as bread, in order to decrease its $700m budget deficit. Jordan’s debt has now reached $40bn and its debt-to-gross-domestic-product ratio has reached a record 95 percent, up from 71 percent in 2011. The economic crunch that squeezes the country will be particularly acute this year, after Jordan’s Gulf Cooperation Council (GCC) allies – Saudi Arabia, UAE, and Kuwait – did not renew a five-year financial assistance programme with Amman worth $3.6bn that ended in 2017. The United States is now the only donor that has committed itself to support Jordan. On Wednesday, US Secretary of State Rex Tillerson signed a five-year $6.375bn ($1.275bn a year) aid deal with Foreign Minister Ayman al-Safadi. This surpassed the previous agreement of about $1bn a year, signed with the previous US administration, by about 27 percent, and increased in length from three years to five. A US State Department statement said $750m was earmarked annually for economic support funds and $350m for the military. It was unclear what the remaining $175m would be used for. "As part of this bilateral understanding, Jordan has committed to prioritise economic and security sector reforms that aim to support Jordanian self-reliance," it said. During a joint press conference in Amman, Tillerson said the increase would support Jordan’s security roles in fighting terrorism and the conflict in Syria. However, even with the increased flow of US aid that has funded budgets and projects since the 1950s, it remains to be seen if Jordan’s economy will stabilise, according to analysts. Hussam Abdallat, a political activist and former government official, told Al Jazeera the American assistance won’t benefit ordinary Jordanians. "American aid to Jordan is useless to the average Jordanian; most of it goes to support the Jordanian military – which serves American interests, not Jordan’s – and the rest goes back to the US through US companies working in Jordan," Abdallat said. Any US aid that is not directly budgeted for economic development is "meaningless", he added. Regional stability Journalist Salameh Aldarawi, editor of Maqar online newspaper, told Al Jazeera that Jordan’s economic problems are directly related to political stability in the region. Aldarawi, who writes on the Jordanian economy, said devastating wars in neighbouring Syria and Iraq – the country’s biggest trading partners – have curtailed economic growth. The harsh measures taken by the government will not improve economic stability and will only hurt the most vulnerable people in Jordanian society, he said. "Prices and tax hikes are only hurting the poor and the middle class, especially in the absence of wage increases or social safety nets," Aldarawi said. "These measures will only provide temporary quick fixes, not a long-term, strategic solution." He said tackling corruption was imperative, along with fixing the "collapsed education and healthcare systems. "The government must start with fighting entrenched and endemic corruption within its ranks, recover billions of dollars of embezzled public funds, ~and~ create equality among the different segments of the population, especially towards those who pay more taxes but get fewer services and privileges," said Aldarawi. ‘Economic disaster’ Abdallat, who leads several activist groups demanding political and economic reform, said Jordan’s political elite must be held accountable for their actions that have driven the country to the edge of financial ruin. "People are protesting in several areas in the country and demanding the resignation of the government and the parliament, who are responsible for the economic disaster we are in now," he said. In Amman, where nearly half of Jordan’s 9.9 million population resides, criticism of government policies has spread over social media, but, so far, not significantly to the streets. Analysts say that, unlike residents of the capital, people in the southern and northern provinces are more dependent on government largesse and employment and will suffer greater hardship when the government is no longer able to meet their needs. "At this rate, I am afraid that we will end up with a revolt of the hungry," said Abdallat. Hussein Mahadeen, a professor of social development at Mutah University in Kerak, south of Amman, said Jordan has a foreign aid dependency problem because of its political and social structure. Mahadeen said Jordan is still transitioning from its tribal society roots into a semi-modern state. "Lacking solid legal and civic institutions, to safeguard the rights and liberties of citizens and their ability to contest government decisions, is a major impediment towards its political and economic development," he told Al Jazeera. "The Jordanian society, for several reasons, is not mature enough socially and politically to be able to mount a serious challenge to the state’s ability to impose strict economic measures." ‘Violent revolt’? For many decades, foreign aid and remittances from expatriate Jordanians in the Gulf region were the mainstays of the Jordanian economy that kept the country afloat. This, however, created dependency, and a succession of Jordanian governments failed to take measures to wean the country off foreign assistance and become self-reliant, according to Mahadeen. Jordan’s main problem is it hasn’t progressed and developed beyond its "functional state" roots,that is a state created to perform certain functions on behalf of others, after its creation by the British, after defeating the Ottoman Empire in World War I, he said Abdallat – who has been imprisoned several times for his criticism of the government – said he was concerned the economic situation facing Jordan could result in an uprising. "If the current economic crisis persists, it might lead to a revolt, and I am afraid it will be a violent one," he said. Jordan instability due to economic failure spills over regionally – independently ruins Israel-Jordan peace treaty. Al-Shami et al 4/13 "Jordan’s Thorny Spring Spells Trouble for the Middle East" Farah Al-Shami, Research Fellow, Arab Reform Initiative (ARI), Tuqa Nusairat, Deputy Director, Rafik Hariri Center for the Middle East - Atlantic Council, Paolo Maggiolini, Associate Researcher, Italian Institute for International Political Studies (ISPI) and Lecturer in History of Islamic Asia, Catholic University of Milan, Bruce Riedel, Senior Fellow, Foreign Policy, Center for Middle East Policy, Center for Security, Strategy, and Technology, Director - The Intelligence Project, Brookings, April 13, 2021 https://www.ispionline.it/en/pubblicazione/jordans-thorny-spring-spells-trouble-middle-east-30024 SM Jordan's image, painstakingly built by the country’s authorities as an oasis of relative stability within a turbulent Middle East, took a hit on April 3, when former Crown Prince Hamzah bin Hussein was accused of cooperating with "foreign entities" to destabilize the state. The incident, widely presented as a family disagreement, resulted in the arrest of eighteen people and Hamzah's oath of allegiance to the Crown and the Constitution two days later. While investigations are still ongoing, the recent controversy comes as an unexpected novelty for the country. Since the Hashemite kingdom's origins, Jordan has always been seen as an island of stability in an otherwise unstable neighbourhood. At the same time, King Abdullah II has long been held in high regard in the United States, as Washington has relied on his steadying influence and views him as a highly reliable partner. Today, Amman remains one of the United States’ closest allies in the region, especially in counterterrorism operations and intelligence-sharing in the fight against al-Qaeda and the Islamic State. Nevertheless, despite its apparent stability, the country faces substantial socio-economic challenges. Jordan has been hard hit by the coronavirus (it ranks among the highest COVID-19 infection and death rates per capita in the region), while its unemployment rate reached one-fourth of the population in 2020. Furthermore, the country is currently home to over 660,000 Syrian refugees while also hosting a large community of Palestinian refugees. Hence, coming at a particularly uncertain moment for the country and combined with pre-existing structural problems, the tensions within the ruling family risk detracting attention from long-needed socio-economic reforms. Jordan’s uneasy geopolitical position "The kingdom of Jordan has so far been spared a visit by the Arab Spring, apart from several random and discontinuous waves of protests. For years now, economic demands have been growing and calls for less corruption, and more transparency have been rising. Against this backdrop, the ruling family is not only facing challenges on the economic front but also subtle opposition from the Muslim Brotherhood, which has been very active in other countries visited by the Arab Spring as well. Moreover, Iran and its hegemony over Iraq, Syria, and Lebanon puts Jordan in a difficult geopolitical position that requires close collaboration with GCC countries to counterbalance, especially that these countries are also ruled by monarchies. Thus, at the moment, the ruling family is trying to avoid having these geopolitical challenges spill into the local political scene and cause a serious threat to its rule via a combination of chaos and uprisings." Farah Al-Shami, Research Fellow, Arab Reform Initiative (ARI) Amman’s economy needs less foreign loans and more support for structural reforms "One positive spill-over from the incident might be bringing Jordan back to the radar of its foreign allies, who tend to take the stability in the country for granted and have been ignoring quieting of Jordanians dissatisfied with dire economic situation in the country, further exacerbated by the Covid-19 pandemic. What Jordan needs, however, is not more loans – its foreign debt already amounts to over 90 of its GDP – but development aid and technical assistance in implementation of wise economic reforms that would not further harm the already impoverished population. Austerity is not an answer at a time when the cost of living is growing, remittances – falling, and officially one in four (and realistically more) Jordanians is out of work." Katarzyna Sidlo, Director of the Middle East and North Africa Department, Center for Social and Economic Research (CASE) Jordan’s social mobilization limbo and the risk of a security clampdown "Jordan, a resource-poor country that was initially lauded for containing COVID-19, has struggled to manage the economic fallout. Remittances and tourism have declined as has assistance from neighboring Gulf countries. With many businesses in ruins due to COVID-19 lockdowns, the government has to do more to ensure social safety net programs help vulnerable populations climb out of economic despair. The government is also struggling to support the nearly one million refugees in the country. While Jordanians have been protesting for months, recent events involving Prince Hamzah are likely to make Jordanians think twice before going out into the streets. The government must act fast to address economic challenges while avoiding a security clampdown that could make matters worse." Tuqa Nusairat, Deputy Director, Rafik Hariri Center for the Middle East - Atlantic Council Jordan-Israel relations must refocus on shared interests and avoid political calculus "While it is still difficult to establish the extent of the alleged coup plot in Jordan, what seems particularly intriguing are the allegations of foreign meddling. Ten years ago, while protests and dissents were mushrooming, Amman was counting on Saudi aid and Israel’s implicit support. Today, while regional powers, including both countries, are voicing support for the king, Amman is becoming increasingly concerned that the rapprochement between Riyadh and Tel Aviv can be to the detriment of its legitimacy. The recent incident at the Israeli-Jordan border and the allegations pointing to Israel and Saudi Arabia are only the most recent episodes in a stream of tensions developing since 2017. These are like a wake-up call. Jordan-Israel relations have always been based on solid shared interests and not on political calculus. It is of utmost importance to recognize this for the future of the region and the security of both countries." Paolo Maggiolini, Associate Researcher, Italian Institute for International Political Studies (ISPI) and Lecturer in History of Islamic Asia, Catholic University of Milan The US and international support for Amman is essential to preserve the region’s stability "The Biden administration is facing an unexpected crisis in Jordan where King Abdallah faces unprecedented divisions within the ruling family exacerbated by foreign meddling, the pandemic and recession. At risk is the stability of the lynchpin of the region. Saudi support for Prince Hamzah’s challenge to the King raises serious questions about the reckless and dangerous behaviour of the Crown Prince Muhammad bin Salman. Biden has moved quickly to signal support for Abdallah. He needs to rally international help for Jordan’s weak economy and deep structural problems. Keeping Jordan stable is critical to survival of the Israel-Jordan peace treaty which is deeply unpopular." Instability spills over to Israeli security crises specifically. Solomon 4/6 "Instability in neighboring Jordan is ‘bad news’ for Israel" Ariel Ben Solomon ~Middle East Correspondent for the Jerusalem Post~, Apr 6, 2021 https://www.jns.org/instability-in-neighboring-jordan-is-bad-news-for-israel/ SM Instability in neighboring Jordan is ‘bad news’ for Israel For the past several years, Jordan has come under increasing strain due to wars in bordering Iraq and Syria, which has led to many refugees resettling in Jordan. Combine a population holding divergent loyalties with a poor economic situation, and the result has been unrest. (April 6, 2021 / JNS) The arrest last weekend of nearly 20 people, including former Crown Prince Hamza bin Hussein, by Jordanian authorities in what is being viewed by some as a coup attempt has led to fears over the stability of the strategic Arab state. Jordan, a key U.S. and Israeli ally, is important for Israel’s national security because it serves as a buffer against radical forces from within the country as well as those further east, Israeli Middle East experts told JNS. "The border with the Hashemite Kingdom is Israel’s longest, and Jordan serves as a friendly buffer on the east," affirmed Efraim Inbar, president of the Jerusalem Institute for Strategic Studies. "We should not forget that the territories east of Jordan until the border of India are in the hands of rulers under Islamist influence." On Saturday, Jordan’s official media outlet denied reports that Prince Hamza had been arrested, claiming that the prince had instead been asked to stop "movements and activities that are used to target" the kingdom’s stability and security. Other key figures were also detained, including at least one other Jordanian royal, as well as tribal leaders and members of the country’s political and security establishment. Prince Hamza, the eldest son of the late King Hussein and his American-born fourth wife, Queen Noor, and the half-brother of King Abdullah, said he would defy his house arrest conditions, adding to the intrigue behind what was reported as an attempt to destabilize the country. "For sure, I won’t obey when they tell you that you cannot go out or tweet or reach out to people but are only allowed to see the family. I expect this talk is not acceptable in any way," Hamza said on Monday in a recording released by Jordan’s opposition, reported Reuters. According to the report, Prince Hamza had visited tribal gatherings in recent weeks, where the government and the king had been openly blasted. Middle East expert Hillel Frisch, a professor at Bar-Ilan University in Ramat Gan, told JNS, "I don’t think this is the beginning of the fall of King Abdullah. All the key actors are behind him." "Nevertheless, this is the first serious fissure in the royal family, which if it did not enjoy total unity was always sufficiently disciplined to keep major differences within the family," he said. "What happened in Jordan seems to be a result of dynastic struggles within the ruling royal family." "A mainstay of Hashemite rule always lay in that it was more united than any other political actor in Jordan," added Frisch. "This may no longer be the case." Indeed, Abdullah has ruled the country since King Hussein’s death in 1999 and has cultivated a very close relationship with the United States. Hamza has had a strained relationship with his half-brother, who stripped him of his title in 2004 and later appointed his own son as crown prince. Nevertheless, Hamza has held multiple positions within the monarchy, including in the army, and commands a loyal following in Amman, where he often styles himself after his late father. At the same time, for the past several years, Jordan has come under increasing strain due to wars in bordering Iraq and Syria, which has led to many refugees resettling in Jordan. The country has most recently has been hard-hit by the coronavirus pandemic. The United States is "closely following" the situation in Jordan following reports of an alleged coup plot involving the former Jordanian crown prince, U.S. State Department spokesperson Ned Price said on Sunday. The action against Hamza comes a few weeks after the Jordanian government publicly acknowledged a new defense agreement with the United States that allows free entry for American forces. It boosts Israel’s unstable eastern neighbor, providing a base from which U.S. forces can potentially act in Syria, Iraq and Iran. The defense pact’s timing—coming soon before the government crackdown—shows how dependent Jordan is on outside support. Weak national identity leads to instability Jordan is estimated to have more than half of its population of Palestinian origin, with many from the West Bank, which Jordan occupied between 1949 and 1967, in addition to a significant Muslim Brotherhood presence. These are ingredients for instability. Add to this the fact that the Jordanian state has a weak sense of national identity, as it and other Arab states were created by Western European powers after the breakup of the Ottoman Empire. A journal article by Linda L. Layne titled "The Dialogics of Tribal Self-Representation in Jordan," published in 1989 in the American Ethnologist, explains how the state sought to cultivate a national identity around disparate tribes. "The symbolization of tribes has been facilitated by the Jordanian government’s policy over the last several decades to unify and integrate individual tribal identities into one broad tribal identity, that is, to promote Bedouinism in a general way rather than encouraging each tribe to maintain and develop its own individual identity," she wrote. One question that gets to the root of the matter is how "Jordanian" its citizens actually feel. Palestinian, tribal and Islamist elements are less loyal to the state than their ideology or kinship networks. In the Middle East, loyalty tends to be to one’s family and tribe. The Jordanian regime keeps its grip on power thanks to military and economic aid, mainly by the United States and the Gulf states. Indeed, America is Jordan’s biggest supporter with more than $1.5 billion in aid in 2020, including $425 million in military assistance. The poor economic situation combined with a heterogeneous population with divergent loyalties has led to frequent unrest among a vehemently anti-Israel population. As Frisch noted, "even though the rise of a radical regime was not in the offing, instability in Jordan is bad news for Israel." Collapse of Israel-Jordan Peace Treaty causes Middle East war. Lazaroff 20 "Will annexation destroy Israeli-Jordanian peace, set kingdom aflame?" Tovah Lazaroff is the Deputy Managing Editor of The Jerusalem Post May 1, 2020 https://www.jpost.com/middle-east/will-annexation-destroy-israeli-jordanian-peace-set-kingdom-aflame-626104 SM The possible collapse of the Israel-Jordan Peace Treaty and potential destruction of a stable regional ally, the Hashemite Kingdom, is one of the stronger arguments against Prime Minister Benjamin Netanyahu’s plan to annex West Bank settlements this year. The 1994 peace treaty with Jordan, as well as the 1979 treaty signed with Egypt, have been a foundation cornerstone of Israeli regional security and gateway to the Arab world. The value of the two treaties, in an otherwise hostile region, has only increased in relation to the growing threats from Iran and ISIS and other Islamic fundamentalist terrorist groups. So the idea of an Israeli plan, either unilateral or in conjunction with the US, that would risk those treaties and the stability of Israel, after a decade of regional turmoil, has to give one pause. "Unilateral annexation will damage stability in the Middle East" and harm Israel, said former Shin Bet (Israel Security Agency) director Ami Ayalon. "The peace treaty with Egypt and the peace treaty with Jordan are in a way the two cornerstones of our ~regional~ policy and our security for the last 30 to 40 years," he said. A retired admiral, Ayalon is among a group of more than 220 former security officers who have embarked on a campaign against the move through the group Commanders for Israel’s Security. Last week, he and two other high-level former security officials, Maj.-Gen. (ret.) Gadi Shamni and former Mossad director Tamir Pardo, published an article in US-based Foreign Policy magazine, warning about the implications to Jordan and Egypt. There are many rational reasons for the two countries to maintain ties with Israel, Ayalon told The Jerusalem Post. Egypt relies on Israel for intelligence and security cooperation when it comes to fighting al-Qaeda and ISIS in Sinai. Jordan has water and gas deals with Israel. Both countries also rely heavily on financial assistance from the United States, which is tied to the peace deals. Still, those factors would not be enough to offset the danger to the Kingdom from the street, Ayalon said. In the aftermath of the Arab Spring, however, regional leaders cannot afford to ignore public opinion, particularly on a topic where emotions run high, such as the Israeli-Palestinian conflict, he said. Rulers in both Egypt and Jordan "have to listen to the voices of the street because they understand that power," he said. Egyptian President Egyptian President Abdel Fattah el-Sisi has more flexibility than Jordan’s King Abdullah, Ayalon said. Jordan is home to a large number of Palestinians, and there are also many young people who are radicalized, Shamni said. "They will never accept Jordanian silence with regards to annexation," he said. "To survive, the king will have to take extreme steps that might even severely damage the Israeli-Jordanian peace agreement." Throughout the years, Israeli actions in the West Bank, Jerusalem and Gaza have had a destabilizing influence, Ayalon said. "But there is a huge difference between incremental change" and a large unilateral act, such as annexation, particularly one that is against the declared will of all Arab leaders, he said. Shamni, who was also Israel’s former military secretary to the US and a military adviser to former prime minister Ariel Sharon, said the plan creates unnecessary turmoil and security problems. At issue is Israel’s eastern border, which is its calmest out of the five borders, he said. There are hostilities along the Lebanese, Syrian and Gaza borders, and even the Egyptian border can be problematic because of terrorist groups in the Sinai Desert, he said. But the combined efforts of Israeli and Jordanian security forces have kept violence at bay, Shamni said. Jordan acts as an additional security buffer for Israel and provides a strategic safeguard against terrorism and other security threats, he said. Jordan’s location, bordering Iraq on the other side, makes peaceful relations with Israel particularly significant, he added. Coordination with Jordan is crucial for Israel’s safety along this critical stretch, Shamni said. Jordan-Israel peace treaty is key to resolve water wars. Weinthal 20 "Don’t Politicize Water" Erika Weinthal ~professor of environmental policy and public policy at Duke University~ and Neda Zawahri ~associate professor of political science at Cleveland State University~, September 17, 2020, https://foreignpolicy.com/2020/09/17/water-cooperation-middle-east/ SM The recently announced peace deals between Israel and the United Arab Emirates and Bahrain stop short of repairing the political damage inflicted on the region and keep the door open for the possibility of future Israeli annexation of portions of the West Bank and Jordan Valley. The last few months of uncertainty over annexation come on the heels of not only a deterioration in Israel’s relationship with Jordan and the Palestinian Authority but also a crisis in critical issue areas such as water cooperation. Broadly, water cooperation is vital for fostering effective water management across borders as well as for building trust and confidence among adversaries. Recent events have only exerted greater pressure on water resource availability in the Middle East. The combination of climate change, natural aridity, an influx of refugees from conflict-torn neighboring states, an ongoing pandemic, and mismanagement of existing supplies is challenging the region’s ability to meet daily domestic water needs. The relatively small Jordan basin provides access to the only perennial river for Israel, Jordan, and the Palestinian territories, and is also shared by Lebanon and Syria. For most of the 20th century, conflict predominantly defined relations between Israel and its Arab neighbors, and global leaders warned of so-called water wars in the Middle East. Instead, water has sometimes provided a glimmer of hope for bringing peace to the region. In the 1950s, after sporadic fighting over the construction of hydrological projects, U.S. President Dwight D. Eisenhower sent Eric Johnston as an envoy to the region to negotiate a settlement to the Jordan River water dispute. Although the Arab League failed to accept and ratify the Jordan Valley Unified Water Plan, known as the Johnston Plan, the two riparian states most dependent on the river, Israel and Jordan, attempted to comply with the agreement in exchange for U.S. funding. Israel’s capture of the Golan Heights, West Bank, and Jordan Valley in the 1967 war increased its access to the Yarmouk tributary of the Jordan River, which the Jordanian monarchy depended on. To coordinate the dredging of the Yarmouk’s sediments, Israeli and Jordanian technicians and engineers began meeting in the late 1970s in what has often been referred to as the Picnic Table Talks. Members of this informal institution negotiated the 1994 Israel-Jordan Peace Treaty, which dealt with all shared water systems between the signatories. Despite periodic misunderstandings or miscommunication, a relatively warm and highly effective working relationship developed whereby commissioners regularly communicated and effectively sheltered water relations from issues of high politics. Then in 2013, to manage a water deficit plaguing the basin, Israel, Jordan, and the Palestinian Authority reached an understanding over a trilateral project: The Red Sea-Dead Sea project was designed to increase the supply of water to Jordan, save the ever-shrinking Dead Sea, and encourage peace and prosperity among the signatories. It was promoted as one of the few remaining opportunities for peace, as many in the basin began accepting the failure of the Oslo process. However, over the past few years, multiple factors have converged to accelerate the deterioration of Israeli-Jordanian relations, negatively impacting water cooperation. The demise of the Oslo process has caused consternation among the Palestinian population in Jordan: Because around 50 percent of the Jordanian population is of Palestinian descent and the country is host to many Palestinian refugees, the monarchy is highly sensitive to Israeli-Palestinian relations. Washington’s recognition of Jerusalem as Israel’s capital in December 2017 intensified pressure on the monarchy, which sees itself as the custodian of the two Islamic holy sites in Jerusalem’s Old City. Israel initially stalled negotiations, then it pulled back from the Red-Dead project over the last few years, citing high costs and pressure from environmentalists. Instead, Israel became more interested in revisiting the Mediterranean Sea to Dead Sea conveyance system, granting it complete control over the hydrological infrastructure within its territory despite prior efforts by the U.S. Middle East envoy Jason Greenblatt to breathe life into the Red-Dead Project in 2017. Bilateral tensions with Jordan only mounted. As one of the most water-scarce states in the world, Jordan is predominately landlocked, economically poor, and limited in its ability to follow Israel’s use of large desalinization projects to alleviate water shortages. The Red-Dead project’s desalinization plant in Jordan’s southern port city of Aqaba and water exchanges in the densely populated north were designed to meet growing water demands. The failure to move forward on the Red-Dead project, despite years of discussion and collaboration, has only further undercut water cooperation. The Jordanian leadership also began to dismantle some symbols of cooperation from the 1994 Peace Treaty. In October 2018, Jordan refused to renew a treaty provision allowing Israeli farmers to lease and farm land along the border in areas known as Baqura and Ghamr in Arabic, and Naharayim and Tzofar in Hebrew—the former having been called the "Island of Peace." This move was promptly followed by an Israeli threat to reduce water supplies to Jordan from four to two days per week. Such politicization of water resources was unprecedented in Israeli-Jordanian politics. The chilling of relations became particularly notable in October 2019, when the 25th anniversary of the Israel-Jordan Peace Treaty passed without celebration in either state. Bilateral relations were further undercut by the Middle East peace plan proposed by the Trump administration in early 2020. When unveiled, instead of any explicit recognition of Palestinian water rights that had been recognized in the interim peace agreement between Israel and the Palestinian Authority, albeit never fully implemented, the proposal demanded that control of the Jordan Valley be ceded to Israel, which would, in practice, mean forgoing rights to the Jordan River. Responding to Israeli Prime Minister Benjamin Netanyahu’s annexation proposal, Jordanian Foreign Minister Ayman Safadi said this past June that annexation would "destroy all prospects for peace" and endanger Israeli-Jordanian relations, which had provided a bedrock of stability in the region. Jordan not only shares a long, stable border with Israel in a region plagued by conflict, but it is also the second state to sign a peace treaty with Israel. Often too understated in Israeli discourse is how critical this peace treaty and Jordanian stability are for Israel’s security. Complicating matters further is the generational shift in the policymakers managing Israeli-Jordanian water relations. The generation that met in the middle of the Yarmouk, under the watchful eyes of their well-equipped state military personnel, and afterward participated in negotiating and implementing the treaty’s water section, has retired. With it, years of social capital along with informal understanding have disappeared. Without the United States actively supporting regional water cooperation efforts, this younger generation has few opportunities to meet and use water for peace. Hope for cooperation lies with an ever-shrinking number of environmentalists who work across borders and understand that cooperation is required for managing a water system and a climate crisis. Regional nongovernmental organizations, such as Ecopeace Middle East, continue to demonstrate the benefits of cooperation and interdependence for building resilience in the face of climate change. Opportunities for expanding peace in the Middle East have been rare over the last few decades, but they should not come with a dismantling of institutions that have provided the foundation for cooperation. With the withering of Israeli-Jordanian bilateral relations, water cooperation has become politicized and vulnerable. Water-stressed Jordan still depends on Israel to secure water allocated to it by the 1994 Peace Treaty, and deteriorating ties with Israel not only put regional stability at risk but also harm Jordan’s water security. The influx of refugees, primarily from Syria, over the last decade—coupled with a pandemic—has only increased Jordan’s needs for water. Complaints have risen since the COVID-19 lockdown about water shortages, as the demand for access to water on a daily basis for hand-washing continues to increase. A 2020 rapid assessment of Jordan from the United Nations Development Program found that nearly 40 percent of the respondents were concerned about accessing clean drinking water. Climate change is likely to reduce Jordan’s freshwater availability, as temperatures are projected to rise and rainfall to diminish, resulting in prolonged droughts. In Jordan, there is unease that a shortage of water is among the factors that can contribute to the type of social unrest that brought down regimes across the Middle East during the 2011 Arab uprisings. Water wars escalate. Sachs and Huggard 20 "ISRAEL IN THE MIDDLE EAST: The next two decades" Natan Sachs ~fellow in and director of the Center for Middle East Policy at Brookings.~ Kevin Huggard ~senior research associate at the Brookings Institution's Center for Middle East Policy~ November 2020 https://www.brookings.edu/wp-content/uploads/2020/11/FP'20201120'israel'me'sachs'huggard-1.pdf SM Increasing water scarcity, exacerbated by climate change, poses an especially stark challenge in the Middle East. Already the region the faces enormous stresses due to the lack of water resources, and water stress will continue to affect the Middle East and North Africa more than any other region. The World Resources Institute rates 17 countries as facing extreme water stress. Of them, 12 are in the Middle East and North Africa.5 While several of these countries, most notably Israel, desalinate water to meet their needs, this requires intensive energy and financial commitments not available to many countries in the region. In 2015, the World Resources Institute ranked countries by the water stress they are projected to face in 2040 — and 16 of the top 25 are in the region.6 Increasing water scarcity, exacerbated by climate change, poses an especially stark " challenge in the Middle East. The region’s essential rivers will face heightened stress from declining rainfall rates, with increasing water withdrawal driven by population growth, and, near their mouths, rising sea levels threatening salt-water inundation. A 2014 report by the Intergovernmental Panel on Climate Change notes that a "reduction in rainfall over northern Africa is very likely by the end of the 21st century."7 Modelling conducted by the Regional Initiative for the Assessment of Climate Change Impacts on Water Resources and Socio-Economic Vulnerability in the Arab Region (RICCAR) show that water flow will decrease by more than 50 in the Euphrates River and by 25 in the Tigris River by 2050.8 And a 2017 World Bank report stated that the Middle East and North Africa will have the greatest expected economic losses due to waterrelated scarcity of any region, at an estimated 6 to 14 of GDP by 2050.9 The same report highlights that "flood and drought risks are increasing and are likely to harm the poor disproportionately."10 Rising sea levels pose a distinct, and potentially catastrophic, phenomenon. The Intergovernmental Panel on Climate Change projects that sea levels in the Mediterranean will rise by 0.3 to 1 meter this century.11 Such sea-level rise in the Gulf and Mediterranean will create severe problems for many countries along these bodies of water, especially those with heavily populated, low-lying coastal regions. Egypt, with its low-lying Nile Delta, is particularly at risk.12 Close to 25 of its population of 100 million lives in the low-lying coastal zone, while 30 to 40 of its agricultural production is located in the delta.13 A 2007 World Bank report projected that a 1-meter sea-level rise would displace 10 of Egypt’s population, 14 while other estimates are even more severe.15 A 2012 report, prepared for the United Nations Development Programme, projected, that Egyptian economic losses to climate change could reach several hundred billion EGP (several dozen billion U.S. dollars) per year by 2060.16 These projections necessarily involve a high degree of uncertainty as to scope, but the severe risk is clear. In Israel, too, a large part of the population lives along the coast. While Israel would have greater capacity to mitigate the risks to infrastructure in major population centers, it is largely unprepared to do so at present and the resources required would be a major strain on the country’s finances and its institutions. The effects of these changes will not be limited to human suffering or economic damage alone. Security risks will necessarily follow.17 Looking forward, climate accelerated migration will continue to challenge Middle Eastern governments’ abilities to maintain stability as their citizens move internally, while also drawing high European interest as many leave the region. Further, competition over water resources could stoke political tensions, as with the much-discussed Grand Ethiopian Renaissance Dam being built in Ethiopia on the Blue Nile, with effects downstream in Egypt.18 For Israel, desalination technologies have alleviated its water scarcity problem, but control of water resources remains a potential flashpoint with both Jordan and the Palestinians. In Gaza, in particular, rising levels of pollution and salinity make much of the groundwater undrinkable, greatly exacerbating the humanitarian crisis there and again raising tensions with Israel, as the authors, along with other colleagues, have detailed in much greater length elsewhere.19 Climate change is not merely a future prospect in the region. While it is outside the scope of this report to judge just how much of the post-2011 upheaval in the Middle East and North Africa can be traced to climate change, several studies have connected the region’s turmoil to climate-exacerbated stressors such as drought.20 While they may not be a primary cause of specific upheavals, climate effects will necessarily further burden overstretched institutions and government resources.
‘Shortening the term of data exclusivity for new chemical entity: neither TRIPS nor Jordan-US FTA request the five years.’14 As mentioned above, Jordan has gone beyond its TRIPS obligations to provide five years of protection for data exclusivity.15 To this effect, Jordan should repeal Article 8 of Jordan’s Law No 15 on Unfair Competition and Trade Secrets Law, which reduces data exclusivity protection to 3years as per JUSFTA. Jordan should continue its efforts to redefine what constitutes a New Chemical Entity (NCE), started with a circular dated 16 June 2009 by the JFDA’s director general: A New Chemical Entity is the pharmaceutical product that contains active moiety or moieties that is responsible for physiological or pharmacological effect whereby no more than eighteen months have elapsed from the date of first registration of any of its ingredients (components) singly or collectively in any country in the world irrespective of any difference in, including but not limited to, type of salt, ester, isomer, complex or other derivative. A pharmaceutical product shall be considered to have the same chemical entity even if there is a difference in polymorph, metabolite, enantiomer, solvate, size of particles, formulation, combination, or method of use, pharmaceutical dosage form or concentration.16 Jordan has also excluded isomers and new crystalline forms from its NCE definition.17 Further suggestions on how to restrict the definition of an NCE are offered below. 2. ‘Start date of data exclusivity: a country can consider that the start date for granting data exclusivity is the first registration of the product worldwide.’18 Jordan’s start date of data exclusivity is the date of first registration of a medicine in Jordan. This is pursuant to Article 4.22 of JUSFTA. Jordan could amend its laws to reflect the above recommendation, as other countries have done. For instance, Peru’s Legislative Decree allows five-year term of data exclusivity protection ‘to start concurrently from the date the product is approved in other countries with high sanitary monitoring or approval regime.’19 Jordan could attempt to go farther in decreasing the existing negative effect of data exclusivity specifically as per the Chilean example by amending its national laws to limit pharmaceutical data protection availability to the year following grant of marketing approval, which means that the drugs’ test data not marketed within the year are not protected so that the period of protection for the pharmaceutical test data starts early.20 3. ‘JFDA should examine the test data protection conditions before granting data exclusivity: Then, JFDA can issue a protection certificate confirming complaint of data exclusivity conditions’21 The JFDA, in its capacity to register drugs,22 does not scrutinize test data protection and check whether it has been granted previously or not,23 instead relying on the applicant’s declaration.24 This recommendation requires specialized patent examiners that will be able to assess and examine test data protection conditions to grant data exclusivity. 4.‘Undisclosed test data: this should be defined in the registration criteria and JFDA should examine this condition by requesting a certificate from the originator company declaring that the submitted test data have not been published by any means or in any way. If the data become non-confidential, then the JFDA has the right to end the data exclusivity period.’25 The JFDA, currently, requests that clinical trials of phase III be published. This does not fulfil the requirement of data confidentiality under Article 39.3 of TRIPS.26 To this effect, JFDA grants five years of data exclusivity without checking ‘whether data submitted for regulatory approval has been previously disclosed.’27 The JFDA, however, assesses ‘the published data of Phase III’.28 Undisclosed clinical trial data is a universal issue and various initiatives have been put in place to tackle this.29 A study conducted recently has shown that only ‘57 of clinical trial results for a new drug are made publicly available’.30 Jordan may implement national laws to state that if a summary of clinical studies ‘or of information in scientific literature’ is publicly available then this is ‘sufficient to consider the test data as disclosed’.31 For instance, in accordance with a policy applied since January 2015 by the European Medicines Agency, the information about clinical studies cannot be considered ‘commercial confidential information’.32 While ‘clinical reports may not be used to support a MAA ~marketing authorisation application~/ extensions or variations to a MAA nor to make any unfair commercial use of the clinical reports’,33 the restriction does not change the nature of the information as disclosed to the extent that it is publicly available.34 In this context, Jordan could argue that such disclosures are sufficient to negate data exclusivity to a drug. 5. ‘Considerable efforts: this should be defined in the registration criteria and JFDA should examine this condition by requesting evidence from the originator company to show that the generation of the submitted test data involved considerable efforts by reporting the cost and the period involved in the generation of the submitted test data.’35 Jordan does not examine the considerable effort element36 or have a definition37 for it despite it being a requirement of Article 39.3 TRIPS. The JFDA should define this and require the originator company to submit a declaration or certificate stating how conditions are fulfilled. This recommendation is straightforward and is in line with other countries policies such as Peru. Peru’s Legislative Decree protects cases if ‘generating it has involved considerable efforts’ and therefore the submission of undisclosed test data is ‘necessary to determine the safety and efficiency of such product’.38 This has been applied by Colombia’s Decree 2085 of 2002, which introduced seven exceptions. The most relevant to this recommendation states that ‘protection does not apply to: 1. Test data that are already in the public domain or have not involved considerable effort from the patent applicant to produce’.39 The benefit of fulfilling this recommendation is that Jordan will be able to ‘protect information against unfair commercial use’ as stipulated in Article 4.22 of JUSFTA,40 finally giving useful meaning to an ambiguous term. Achieving this will be in line with Article 39.3 of TRIPS as well as an advantage to use Article 4.22 of JUSFTA. 6. ‘Data exclusivity term should not extend beyond the patent term’. 41 A study on medicine affordability in Jordan concluded that medicine prices required review to provide inexpensive medication to the poor.42 Almost 32 per cent of the Jordanian population is not insured and will have to finance its own needs.43 A further issue highlighted in the study is that ‘the government is purchasing originator brands where lower-priced generics are available, which points to a lack of efficiency’.44 This clearly warrants a reviewing exercise by the JFDA to examine existing patented medications. JFDA should then produce a list of available alternatives. JFDA has been implementing a ‘standing operating policy’ which welcomes generic applications from an innovator during the final year of protection to allow prompt registration of affordable generic drugs.45 This policy, if applied effectively, could also ensure that data exclusivity terms will not extend beyond the patent term. 7. ‘Allow registration of the generic product for the purposes of export’.46 This recommendation is straightforward and is self-explanatory. Israel, for example, has removed its trade barriers and now allows for a generic product to be registered during the exclusivity period of the originator product for the purposes of export.47 8. ‘Grounds for revocation of the data exclusivity period: such as anti-competitive practices of the originator company: high prices, delay in marketing the product more than six months from approval date, stop marketing for more than six months or insufficient marketing of the product’.48 As mentioned previously, JUSFTA is the only FTA which does not stipulate grounds for pre-grant or limit grounds of revocation.49 This should be defined within Jordan’s national legislation because the status quo means that originator companies will not be penalized for various unlawful acts. The author would add to the recommendation that grounds of revocation should include acts of inequality, misrepresentation and fraud, as per the Bahrain-US FTA (BUSFTA). 50 9. ‘Waive data exclusivity protection in cases of compulsory licensing: in case of the issuance of a compulsory license, the generic company is still required to submit clinical trials. Therefore, data exclusivity should be waived in such cases’. 51 Jordan’s regulations could provide that ‘data exclusivity shall have no effects against a compulsory licensee granted for any of the grounds established under the applicable patent law, or against persons authorized to undertake a governmental non-commercial use of the patented product’.52 Furthermore, Malaysia adopted similar stances to mitigate the effects of data exclusivity as per section 5 of Malaysia’s 2011 Directive of data exclusivity, entitled ‘Non-Application of Data Exclusivity’, according to which: ‘Nothing in the Data Exclusivity shall: apply to situations where compulsory licenses have been issued or the implementation of any other measures consistent with the need to protect public health and ensure access to medicines for all; or prevent the Government from taking any necessary action to protect public health, national security, non-commercial public use, national emergency, public health crisis or other extremely urgent circumstances declared by the government.’53 10. ‘Waive data exclusivity in cases of emergency and public interest.’54 Colombia succeeded in including a clause in its Decree 2085 of 2002 which states that ‘protection does not apply to: ~~ 4. Information whose disclosure is necessary to protect the public interest’.55 This is an important waiver to include in Jordanian legislation because access to medicine is a human right, as stipulated within various international documents, such as the Universal Declaration of Human Rights 1948 at Article 25,56 the preamble57 and Article 158 of 1946 Constitution of the World Health Organisation and the 1966 International Covenant on Economic, Social, and Cultural Rights.59 It is arguable that TRIPS and TRIPS-plus clauses are in conflict with human rights clauses; however, this issue is beyond the scope of this article.