Comment by mike_hearn
6 days ago
You can use that definition of breaking a treaty if you like. But it's not a good idea. It sends the world a message that negotiating with European countries is dangerous because to avoid getting screwed you'd have to write down all known common sense and social conventions in the text of the treaty, and probably include the contents of a specific dictionary as well, and even then they might just do something crazy you never predicted whilst claiming the agreement was being respected.
Note: this argument was actually used by the pro-Leave faction in the UK. They explicitly argued that any deal Cameron reached with the other EU member states would be worthless because European countries can't be trusted to honor their agreements when it becomes ideologically inconvenient. And that argument landed, which is why Cameron returned with a vaguely worded emergency break deal and then never mentioned it again - nobody took it seriously, and he was forced to campaign on the state of the union as it was, and lost. So these tactics do have a cost.
Treaty law just doesn't work with 'common sense and social conventions' any more than compilers that won't compile your 'common sense and social conventions' text. You have to say exactly what you want, nothing more, nothing less. That's the work of lawyers and negotiators. As my lawyer friends say, well-written agreements make good friends (and vice versa).
But also note that you are the only one against Spain creating a path for a group of people that live there to gain legal status. No one mentioned that as a specific issue worth raising at international level. It's a non-issue.
> But also note that you are the only one against Spain creating a path for a group of people that live there to gain legal status.
Nah I have an issue with it too, conceptually. You're basically rewarding bad actors for breaking rules and laws which is unfair to those who were and are trying to immigrate legally. At a minimum.
Immigration isn't a moral good, it's just a switch we can flip on or off. Too few people? A given society can have more permissive rules. Too many people? Have more restrictive rules. Being an immigrant is just a random status one has by virtue of moving to another country - it's just paperwork.
I'm probably missing something but your last sentence doesn't seem to agree with the rest of the post. If it's just paperwork then surely nothing bad happens not following it (mostly because it's just not possible to immigrate lawfully to most countries in this age).
Note that I'm not defending unlawful immigrants; but once you spend a large amount of life in a country and you did nothing bad I don't see any issue with said country allowing you to stay. It's just acknowledging the status quo. Of course having a safe legal path to residency is obviously much better but too many politicians today as well as in the past are incentivised to disallow that.
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