Erin+&+Jeri+(GRAMS-BEFJR)

=Aff= email erin (peacegirl2457@gmail.com) with questions :)

Plan
=Inherency= Aznar-Gomez, Professor Public I-law at Universitat Jaume I, ’10 (Mariano, “Treasure Hunters, Sunken State Vessels and the 2001 UNESCO Convention on the Protection of Underwater Cultural Heritage” International Journal of Marine and Coastal Law, 25 Int'l J. Marine & Coastal L. 209, HeinOnline//bueno)// // The Mercedes Case While travelling in a small fleet returning ... States might initiate civil and/or criminal suits. //
 * The United States federal judiciary should invalidate the United States Court of Appeals Eleventh Circuit ruling in Odyssey Marine Exploration, Inc. v. Unidentified Shipwrecked Vessel by determining federal admiralty courts can obtain adjudications in rem as per the commercial exception clause of the Foreign Sovereign Immunities Act.**
 * In 2007, a shipwreck salvaging company named Odyssey discovered the Mercedes, an old Spanish frigate, in international waters. After being granted possession of the shipwreck by a US District Court, Spain alleged that the court’s ruling was invalidated by the Foreign Sovereign Immunities Act which granted sovereign immunity to Spain because the Mercedes was a military ship. The 11th circuit Court of Appeals affirmed the new District Court decision, thus forcing Odyssey to return the salvaged shipwreck to Spain and setting a precedent against US court determinations of salvaging rights in international waters**

//**However, the 11th Circuit ruling was wrong – the Mercedes was a commercial ship when it sunk, so sovereign immunity should not have been granted to Spain due to the commercial exception clause to the FSIA. The only way to allow US courts to grant rights to shipwreck salvage is to alter the Odyssey ruling’s interpretation of the commercial exception clause to the FSIA**// // Burns, JD Candidate Tulane University School of Law, ’12 (Christine, Summer, “Finders Weepers, Losers Keepers: The Eleventh Circuit Denies Salvage Company's Claims to a Sunken Military Vessel Found in International Waters in Odyssey Marine Exploration, Inc. v. Unidentified Shipwrecked Vessel” Tulane Maritime Law Journal, 36 Tul. Mar. L. J. 803, lexis//bueno) IV. Analysis Although the noted case supports the notion ... located in international waters. = =

FSIA Advantage

 * Advantage 1 – FSIA**

==== The Odyssey ruling set a precedent that broadened the scope of sovereign immunity from citizen suit – the aff re-establishes the strength of the commercial exception clause which limits this sovereign immunity ==== Song, Senior Staff Member American University Law Review, ’13 (Zhen, August, “Going For Gold: The Meaning of "Commercial Activity" in the Foreign Sovereign Immunities Act in the Race for Buried Treasure in Sunken Shipwreck” American University Law Review, 62 Am. U.L. Rev. 1771, lexis//bueno) II. The Decision of the Eleventh Circuit in Odyssey Runs Counter to the Sovereign ... **in commerce, it should be treated like one under the FSIA**.

State-owned oil companies abuse the current interpretation of sovereign immunity to monopolize global oil markets – strengthening the commercial exception clause reverses that
Riblett, Associate International Arbitration at Freshfields Bruckhaus Deringer US LLP, ‘ 8 (Phillip, Fall, “A Legal Regime for State-Owned Companied in the Modern Era” Journal of Transnational Law and Policy, J. of Transnational Law & Policy, http://www.law.fsu.edu/journals/transnational/vol18_1/riblett.pdf//bueno) Each of these cases involved state-owned oil companies... policy, the expropriation exception provides them with yet another way to avoid hearing cases addressing issues such as takings under international law.

Allowing suits against national oil companies is key to stopping resource nationalism
Mutschink, JD Southern Methodist University, ’10 (Mark, Fall, “Facing the Future of Oil in U.S. Courts: A Recommendation for Changing the Bremen Doctrine on Enforceability of Forum Selection Clauses” SMU Law Review, 63 SMU L. Rev. 1343, lexis//bueno) 2. National Oil Companies and the Rise (Again) of Resource Nationalism National oil companies ... forum selection clauses as an alternative that is easily adoptable through the common law.


 * We isolate 2 internal links to climate**

Resource nationalism causes oil price volatility that prevents investment in renewable energy – only the aff creates a sustainable shift
Golden, Precourt Institute for Energy at Stanford University, ’12 (Mark, February 15, “State-Owned Oil Companies Increase Price Volatility and Pollution, but Rarely Get Used as Geopolitical Weapons, says Stanford Researcher” http://ren21plus.ren21.net/node/114679//bueno) To maintain power, oil-rich governments often lean on their national ... ability to find and produce oil, ” the editors of Oil and Governance conclude.

US renewable energy is key to effective climate agreements
Jones 5/28/14 - Senior Fellow of Foreign Policy, Director of Project on International Order and Strategy (Bruce Jones, “American Leadership Required for Progress on Global Climate and Energy Governance”, Brookings.edu, []) //JL But Challenges Still Remain Collectively, though, these ... __l energy markets is strengthening; time to play it.__

The plan is key to //enforcing// climate treaties – broad immunity means countries have no incentive to follow US leadership
Bradford 11- Boston College Law School, J.D., cum laude and served on the executive board of the Boston College Law Review (Gregory, “Simplifying State Standing: the Role of Sovereign Interests in Future Climate Litigation”, 52 Boston College Law Review 1065 2011, hein online)//kw A more generally applicable source of regulatory interest ... **enforcers¶ in administering a comprehensive federal scheme.** **235**

Climate treaties are uniquely positioned to solve warming
Claussen 7 (Eileen, “ __A NEW CLIMATE TREATY__ : US LEADERSHIP AFTER KYOTO,” Center for Climate and Energy Solutions, spring 2007, http://www.c2es.org/newsroom/articles/new-climate-treaty-us-leadership-after-kyoto) For years, __despite a steady accumulation of science__ showing the clear ... thus far, the US contribution to the global effort largely ends there.

Warming threatens extinction
Mazo 10 – PhD in Paleoclimatology from UCLA(Jeffrey Mazo, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, “Climate Conflict: How global warming threatens security and what to do about it,” pg. 122) The best estimates for global warming to the end of the century ... profound social, cultural and political changes.

And, both green tech and US climate treaty leadership are key to US primacy which prevents resource wars and climate change – all of which cause extinction
__By not addressing climate change more aggressively__ ... leverage that can be employed to keep potential foes in check.
 * Klarevas 2k9** (Louis, Professor at the Center for Global Affairs – New York University, “[|Securing American Primacy While Tackling Climate Change: Toward a National Strategy of Greengemony]”, Huffington Post, 12-15, http://www.huffingtonpost.com/louis-klarevas/securing-american-primacy_b_393223.html)

Salvaging Firms Advantage

 * Advantage 2 – Salvaging**

Tsavliris 12 – President of the International Salvage Union (Andreas, “THE CHALLENGES FACING THE SALVAGE INDUSTRY,” International Salvage Union, 2012, http://www.marine-salvage.com/media-information/conference-papers/the-challenges-facing-the-salvage-industry/)//JGold// // The salvage industry faces challenging times. Commercial ... a nd ready to continue to serve the marine community with innovation and dedication. //
 * US salvaging industry is declining in the squo – current investment insufficient**

//**That’s a direct result of the Odyssey ruling – reversing the ruling allows commercial salvaging which revives the industry**// // Song, Senior Staff Member American University Law Review, ’13 (Zhen, August, “Going For Gold: The Meaning of "Commercial Activity" in the Foreign Sovereign Immunities Act in the Race for Buried Treasure in Sunken Shipwreck” American University Law Review, 62 Am. U.L. Rev. 1771, lexis//bueno) Conclusion The Eleventh Circuit's decision in Odyssey has potentially **...** offer a reward or compensation for salvage efforts. n222

**Despite recent security improvements, likelihood of a terrorist attack on US ports is high now – collapses the economy**
Morin 13 – Amy, Staff Writer for Digital Supply Chain, news source of logistics, procurement, warehousing and supply chain management news for executives and high-level professionals in the supply chain industry around the globe (“Keeping ports secure against modern dangers”, June 20, 2013, http://www.supplychaindigital.com/warehousing/1867/Keeping-ports-secure-against-modern-dangers\\CLans) Port security has become a complicated issue ... risks could be disastrous to the global supply chain.

TRB 4 – Transportation Research Board, sector of the National Academy of Sciences, “a private, nonprofit, self-perpetuating society of distinguished scholars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. The Academy has a mandate that requires it to advise the federal government on scientific and technical matters,” (“Marine Salvage Capabilities Responding to Terrorist Attacks in U.S. Ports—Actions to Improve Readiness,” The National Academies, http://onlinepubs.trb.org/onlinepubs/conf/reports/cp_30.pdf)//JGold// // Federal officials and industry leaders have recently ... and environmental concerns but also for homeland security. //
 * Terrorist attacks on US ports are inevitable – an effective salvaging sector is key to rapid response which mitigates the economic impact of these attacks**

//**That collapses trade and the global economy**// // Marshall, ’10 (Andrew, “Maritime Terrorism Could Have Global Economic Impact” Insurance Journal, http://www.insurancejournal.com/news/international/2010/03/05/107926.htm//bueno) This is because while specialization in global supply ... operations of a major commercial port were curtailed ,” he added.

__Our__ more __globalized world has__ also __yielded a “peace dividend__ .” It may ... __likely those gains will be destroyed by civil conflict and war.__
 * Effective trade creates a structural disincentive for conflict**
 * GRISWOLD 2011** (Daniel Griswold is director of the Center for Trade Policy Studies at the Cato Institute and author of Mad about Trade: Why Main Street America Should Embrace Globalization. “Free Trade and the Global Middle Class,” Hayek Society Journal Vol. 9 http://www.cato.org/pubs/articles/Hayek-Society-Journal-Griswold.pdf)

Tilford 8 — Earl Tilford, military historian and fellow for the Middle East and terrorism with The Center for Vision & Values at Grove City College, served as a military officer and analyst for the Air Force and Army for thirty-two years, served as Director of Research at the U.S. Army’s Strategic Studies Institute, former Professor of History at Grove City College, holds a Ph.D. in History from George Washington University, 2008 (“Critical Mass: Economic Leadership or Dictatorship,” Published by The Center for Vision & Values, October 6th, Available Online at http://www.visionandvalues.org/2008/10/critical-mass-economic-leadership-or-dictatorship/, Accessed 08-23-2011) Nevertheless, al-Qaeda failed to seriously destabilize the American ... //devolve to that point very quickly//.
 * Economic decline causes global nuclear war**

McCaul, Chairperson Subcommittee on Oversight, Investigations, and Management, ’11 (Michael, August 24, “Preventing an Economic Shock Wave: Securing the Port of Houston from a Terrorist Attack” Field Hearing Before The Subcommittee On Oversight, Investigations, And Management Of The Committee On Homeland Security House Of Representatives, http://www.gpo.gov/fdsys/pkg/CHRG-112hhrg72928/pdf/CHRG-112hhrg72928.pdf//bueno) The Port of Houston is the energy capitol of the United States, and ... generally agreed with the GAO recommendations.
 * An effective attack on ports would also decimate US spare oil capacity**

Qasem, PhD Candidate Pompeu University, ‘7 (Yasin, July 9, “The Coming Warfare of Oil Shortage” http://www.opednews.com/articles/opedne_islam_ya_070709_the_coming_warfare_o.htm) Recognizing the strategic value of oil for ... of a disaster which is already in the making.
 * US lash out from oil price spikes causes global conflict**

Solvency
Werner, JD Candidate University of Miami Law, ’13 (Dave, Summer, “Piracy in the Courtroom: How to Salvage $ 500 Million in Sunken Treasure Without Making a Cent” University of Miami Law Review, 67 U. Miami L. Rev. 1005, lexis//bueno)// // C. The Crossroads: Can Governments Promote Deep-Sea Salvage ... **to expand both the commercial exception in the FSIA and the severability of a vessel and its cargo**. //
 * The Odyssey ruling prohibited the exploration of shipwrecks – broadening the commercial exception clause sets an effective precedent and allows the salvage of sunken vessels**

//**US admiralty courts solve best – they are perceived internationally and resolve foreign disputes over extraterritorial jurisdiction**// // Nafziger, President of American Branch of the International Law Association, ‘ 3 (James- Professor Law at Willamette University, Winter, “The Evolving Role of Admiralty Courts in Litigation Related to Historic Wreck” Harvard International Law Journal, 44 Harv. Int'l L.J. 251, HeinOnline//bueno) The appellate opinions in Titanic and Sea Hunt are characterized by ... **responsible surrogates for international fora**.