legislating peace and harmony and cheap oil
by
bearcat98
05/09/2008, 10:07 AM #
Noah says that OPEC can be sued and broken up because it isn't a government. Obviously, though, OPEC the non-governmental entity doesn't actually have any control at all over the production or price of oil. The governments of countries that are members of OPEC do. So we're back to Noah's claim that their sovereign immunity doesn't apply because our law says so.
Now we can control the policies of other governments just by passing laws! Unhappy with Iran's support of militias in Iraq? Get an injunction in district court! Worried about North Korean nukes? Sue to confiscate them! Neat trick.
Oh, but what if North Korea passes a law forbidding military cooperation between South Korea and the US? Or if China passes a law forbidding arms sales to Taiwan (clearly a commercial activity)? I guess we'll have to pass laws outlawing their laws first!
Why stop at foreign governments? Maybe we could pass a law against global warming? Why outlaw acts degrading the environment when we could outlaw the effects of environmental degradation? The Romans did it!
Heck, why not just pass a law saying that everyone is in perfect harmony with each other and the rest of the universe? Every single problem solved with a single piece of legislation!
Of course, our government can make policy regarding our natural resources, and other governments can make policy regarding their natural resources. That's the nature of sovereignty. Oil production in OPEC countries is a matter of policy. If we want to make their policy without their consent, I guess we could conquer them and extinguish their sovereignty, but that really is more of a foreign policy matter than an antitrust matter.
Serious question: what am I missing? Is there anyone serious that Noah could point us to in support of his position that one country can forbid another sovereign country from controlling the extraction of its own resources?