View source for Belhavia and post-1981 nuclear testing controversies


'''Belhavia and post-1981 nuclear testing controversies''' refer to a series of {{wp|controversy|controversies}} both within and outside of [[Belhavia]] to the reauthorization of {{wp|nuclear test|nuclear testing}} by [[Belhavia]] in March 1981 by presidential decree under President [[Julian Settas]] in violation of [[World Council|WC Resolution 005]], which banned all forms of nuclear testing in August 1967. 

After a [[Belhavia_and_weapons_of_mass_destruction#1960s-1970s|series of controversial testing authorized by the Imperial Senate but opposed by President Vern Callan]], in January 1973 the Senate passed Callan-written legislation that conformed Belhavia to the WC Resolution and ceased nuclear testing.

==Presidential Decree #112==

By 1981, in the so-called [[Neoliberal Revolution#Belhavia|Settas Revolution]], newly-inaugurated President Julian Settas, a hawkish conservative, sought to undue what he called the "left-wing failures" of the Callan-Levine era. On March 17th, 1981, he signed a presidential decree reauthorizing the [[Imperial Armed Forces of Belhavia|Imperial military]] to resume nuclear testing, invoking his {{wp|national security}} powers. With a [[Party_divisions_of_the_Belhavian_Senate#Fourth_Party_System|commanding majority in the Senate by his fellow Tories]], his decree was upheld and the Senate voted to repeal the January 1973 nuclear testing ban legislation. 

==Weinberg v. Settas (1982)==

{{wp|Anti-nuclear movement|Anti-nuclear weapons}} opposition [[Liberal Democratic Party (Belhavia)|Liberal Democrats]] filed suit in court, losing in both Imperial district and appeals-level courts. The case, titled ''Weinberg'' v. ''Settas'', reached the [[Imperial Supreme Court of Belhavia|Imperial Supreme Court]] in August 1982, which upheld Settas' decree as [[1812 Constitution|constitutional]].

The majority opinion states that:

{{quotation|''The question before this court is whether the [[President of Belhavia]] has the authority under his Article I(A)(iii-iv) {{wp|national security}} and {{wp|foreign policy}} perogative powers to overturn an Act of Senate [...] and whether an international treaty or world body ordinance [such as a] [[World Council]] resolution contractually binds [[Belhavia]] to said treaty or obligations even if Belhavia's elected government officers decide to cease adherence to the international law...''

''I. Executive Constitutional Authority''

''[...] We find that the Chief Executive of our most august Empire is indeed entitled to supersede an Act of Senate if, as we said in Stein'' v. ''[[Matthew Rabin|Rabin]] [1945] "the state of our Nation is in such extraordinary risk that the Senate has itself behaved unconstitutionally by passing legislation illegally tying the hands of the Government's duly-elected Executive Officers to follow their constitutional duties to ensure the safety and security of the Imperial citizenry." Thus, the Decree is a constitutional act.''

''II. State Sovereignty and International Law''

''[...] ...and thus, we find that the [[1812 Constitution|Imperial Constitution]], not [[World Council|an international body or treaty]], regardless of whether the Empire is a signatory or member of it, is the {{wp|supreme law of the land}} as expressed unambiguously and explicitly in our Constitution's [[1812 Constitution|Preface]] and embedded throughout the document in creating our structure of government and laws. {{wp|State sovereignty}} in [[Belhavia]] shall always trump {{wp|supranational law}}.''}}

==1985 WCGT Claim==

In 1985, the [[DSRA]] filed a claim against Belhavia to the [[World Council Grand Tribunal]] but in a five-line order, the Tribunal, by 6-3 vote, dismissed the claim. All four Anticommunist members were joined by Non-aligned Tribunal chief [[Tippercommon]] and, unexpectedly, Communist member [[Estovnia]]. 

==1988 Rodarian Phantom Test==
{{main|Rodarion_and_weapons_of_mass_destruction#International_controversy|1988 Phantom Test}}

In early December 1988, [[Rodarion_and_weapons_of_mass_destruction#International_controversy|a 800kt explosion was detected in the Antarctic Ocean off Estovakiva]] by [[Belhavia]] and [[Rodarion_and_weapons_of_mass_destruction#International_controversy|was credited by Belhavian intelligence as likely a nuclear test by the Papal Republic of Rodarion]]. However, the [[Imperial Government (Belhavia)|Imperial Government]] declined to comment on the test in what most analysts believe what President Settas, [[Rodar-Belhavian_Relations#Conservative_Revolution_of_1980|a key ally of Rodarion at the time]], as well as the likely fact Belhavia itself was violating WC Resolution 005.

Many left-leading pundits criticized the administration in the media but as a {{wp|lame duck (politics)|lame-duck president}} whose Vice-President, [[Naftali Katz]], was president-elect and would largely sustain and continue Settas' legacy and policies, the criticism faded away and soon-to-be President Katz faced little backlash for the government's actions.

==Aftermath==

After 1985, opposition to Belhavian violations of the resolution slackened somewhat, thought domestic {{wp|Anti-nuclear movement|anti-nuclear movement activists}} continued to organize and protest after every nuclear test. Between 1981 and 1992, Belhavia conducted 37 tests. 

By the [[Belhavian Imperial presidential election, 1988|1988 presidential election]], anti-nuclear sentiment had become mainstream in the Liberal Democratic Party just as, in the opposite, pro-nuclear testing opinion within the governing Conservative Party was solidified and had been reinforced, and would be sustained by Settas' successor, [[Naftali Katz]]. 

In the [[Belhavian Imperial presidential election, 1992|1992 presidential election]], [[Liberal Democratic Party (Belhavia)|Liberal Democratic]] presidential nominee [[Garret Holleran]] pledged to end nuclear testing if elected among other issues on his platform. After his election, he signed a new presidential decree overturning Settas's 1981 order.

==See also==
* [[Belhavia and weapons of mass destruction]]
* [[Rodarion and weapons of mass destruction]]

[[Category:Belhavia]]
[[Category:Geopolitics]]
[[Category:Belhavian Military]]