Speech of

Hon’ble Dr. Justice Nasim Hasan Shah

Former Chief Justice, Supreme Court of Pakistan

 

The provisions of Article 51 of the Indian Constitution stipulating that ‘The State shall endeavour to (a) promote international peace and security, (b) maintain just and honourable relations between nations, (c) foster respect for international law and (d) encourage settlement of international disputes by arbitration’ are indeed rarely to be found in the Constitutions of the other countries of the world. Fortunately, however, provisions of a similar character do also exist in the Constitution of Pakistan. Thus, in the preamble to the Constitution of the Islamic Republic of Pakistan, 1973 one of the objectives recited for framing it, provides, ‘So that the people of Pakistan may prosper and attain their rightful place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity’. again Article 40 of the said Constitution mandates, in one of its Principles of Policy, that ‘The State shall endeavour to promote international peace and security, foster goodwill and friendly relations among all nations and encourage settlement of international disputes by peaceful means’. Thus both the Indian and Pakistani Constitutions lay stress on fostering of principles of international law, promotion of international peace and security and the settlement of international disputes in a peaceful manner. From this it is manifest that on the issue of fostering of international law and the desirability of resolving of international disputes by arbitration my country Pakistan stands shoulder with India, in the comity of nations.

Dear children,
The older generations have been fighting with each other over almost every thing be it religion, ideology or territory and sometimes wars have been waged merely for the taste of conquest itself and establishment of supremacy. Indeed the younger generation of today is sick and tired of such conflicts and the modern mind is much more tolerant and its approach much more international. The advent of the communications revolution has already shrunk the world into a global village in which territorial, religious or ideological frontiers have shrunk and almost lost their relevance. Inspired by this modern and universal thought and equipped with modern technology and skills of communications it is now for the younger generation to take charge of the situation and to lead the way so that this global village regulates its file according to the rules of peaceful behaviour and ensures that such rules are enforced against the delinquents.

Dear Leaders of tomorrow,
My experience, as also the experience of your elders, shows that it is easier to sermonize but very difficult to put into practice all that you preach. Since our own childhood we have been told, and now we know it through our own experiences, that real peace in the world is not possible as long as some peoples of the world or nations are denied their basic rights including their right of self-determination. The aches and pains of such peoples or nations keep on tormenting the world peace in the same manner as the aches and pains in one part of the body affect the smooth and peaceful functioning of the body as a whole. Therefore, without attending to such problems and without solving them the hope of achieving real peace in the world becomes illusory. However, more often than not such a cure may not be possible without swallowing pills which may sometimes be bitter. The older generations have so far avoided taking such pills and have decided to keep on suffering but I hope the younger generation shall be more courageous and more bold in this respect. One may endorse freedom and self-determination as a general principle and may also speak in favour of international law and its enforceability while participating in conferences like the present one but when it comes to its practical application an Israeli may not like its enforceability vis-a-vis a Palestinian, a Rusian may be reluctant vis-a-vis a Chechan, and if I may dare say so, an Indian may be shy vis-a-vis a Kashmiri. The fact, however, remains that these Conferences do develop the consciousness and bestow the courage to rise above such prejudices. Indeed I have come here with the firm belief that the younger generation of the world, which is more pragmatic and more courageous than ours, will be able to put into practice the principles of fostering respect of international law in inter-state dealings and accomplish what our generation have not been able to/accomplish.

I, feel greatly heartened therefore, to note that the students of the City Montessori School, in their desire to safeguard the future of the children of the world are proposing the establishment of a legally constituted World Parliament untramelled by any veto powers, an Assembly fully empowered to enact all such laws which will guarantee a safer and a more peaceful world. Indeed a world where not only the principles mentioned above will have full play but where all the individuals living in world will be working for the implementation of these principles. It is only thus that maintenance of world peace and security will be ensured for all the people of the world.

I would in the end like to say that I wish that all countries in the world incorporate in their respective constitutions, provisions similar to those contained in clause (c) of Article 51 of the Constitution of India. If this comes to pass the way for establishing a World Parliament will become simple and the Member States of the United Nations will be able to seek amendment of the U.N. Character and get such an institution incorporated in the U.N.Structure. This will fulfill the ardent wishes of our younger generations of establishing a world Assembly. Let us all bend our energies to secure this noble goal, a goal which will result in a more peaceful and more moral world.

Thank you.

 

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