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THE
NEED FOR AN ENFORCEABLE INTERNATIONAL
LAW TO SAFEGUARD THE PRESENT AND THE UNBORN CHILDREN |
[paper
submitted to the - 4th INTERNATIONAL CONFERENCE OF CHIEF JUSTICES
OF THE WORLD at LUCKNOW, INDIA - 12th - 14th DECEMBER, 2003] |
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| 3.2) STANDING BY
THE SIDE OF THE WORLD ORGANIZATION.
Even though SPINOZA said that trying to fix and determine
everything by law will inflame ratehr than correct the vices
of the world,26
'NEW ENFORCEABLE LAWS' rather than 'new organizations'
are required as the means to address the timely, but completely
NEW IDEA of the TWO BILLION WORLD CHILDREN.
Nobody expects that any law will work all
the time. Law requires punishment - increased likely hood
of unpleasant consequences for its violations.27
On the other hand ... 'there may be compelling reasons in
the international sphere for not invoking a regular sanctions
procedure; apart from its impracticability in many cases,
in the nuclear age it might result in a disastrous war leading
to universal destruction.28
Due to this cardinal reason, it is hereby submitted that nations
voluntarily and willingly give up part of their national sovereignty
and support the world organization in its endeavours to safeguard
world peace and the perpetuity of the human race. To this
effect, an overhaul of the U.N. Charter and the provision
of an ENFORCEABLE INTERNATIONAL Law are demanded so as to
enable the UNITED NATIONS ORGANIZATION to
fulfill the call of world children.
The United Nations Organization is not a
world government. The recommendations of its Assembly may
be all the more effective because they do not demand obedience
but only ask a decent respect for the opinions of mankind.29
More then three decades ago, it was said that the peoples
of the world were not prepared to give any central world authority
the final sovereign powers ... In general, they were
not ready to let any central legislature make International
law without the consent of the nations. Such a federal government
was not ruled out but was stipulated to take long time.30
After nearly three decades of this statement, the European
Union was formed and Europe instituted a legislative body,
the European parliament.
The League of Nations failed in
its function - the preservation of peace - and world
war II broke out.31
The Charter of the United Nations was discussed
in San Francisco from April to June, 1945.32
The Primary purpose of the United Nations was to avert armed
conflict by easing international tension and limiting the
growth of armaments33
.... but weapons of mass destruction proliferated and world
children are in fear of nuclear holocaust.
Then, should there be a call in unison for a legally constituted
"WORLD PARLIAMENT'
With powers to frame international laws for the entire world34
or to strive for attitudinal change of nations to relinquish
part of their sovereignty, at least- to strengthen the already
functioning World Organization? The concept
of "WORLD PARLIAMENT' is not totally new, six centuries
ago DANTE had stressed an argument in support of 'WORLD
PARLIAMENT' that has a distinctly practical and modern
flavor. the need for settlement of disputes between states
without war35
.... Admittedly, the choice left for the International community
would be one between state sovereignty vis-a-vis the perpetuity
of human kind.
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26 Mayer Martin: THE LAWYERS (1968, USA),
P.121
27 Ibid PP. 121-122.
28 L loyd, Dennis. the Idea of Law: (Cox
and Wyman Ltd, 1973, London) P. 190.
29 Coyle, David Cushman, cited at note 13,
P. X-XI.
30 Ibid, P. 200.
31 Bruun Geoffrey & Jee Dwight, cited
at note 7, P. 4.
32 Ibid, P. 5.
33 Coyle, David cushman. cited at note 13,
P. 48.
34 WORLD JUDICIARY, cited at note 11, P.
16.
35 Ebenesrcin. William, cited at note 16,
P. 241.
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| 4.
CONCLUSION
The prevailing world reality is, for sure,
so frightening. The civilization and technological achievement
of man - instead of becoming an instrument to erase poverty,
ignorance and related grave problems - is turning to a means
of universal destruction.
This is the dark side of scientific revolution.
Science has almost no moral principles. It will serve a Hitler
almost as well as it will serve a free democracy, enough to
create terrible dangers. And science has given us the atom
and a hilltop view of the end of the world.36
Huge accumulation of them is in the hands
of some governments; others are still secretly, devising to
acquire. In the COLD WAR37,
amassing was justifiable; but in the absence of EAST-WEST
Global division-retaining the stockpile or
string to acquire is not only meaningless, but condemnable
!! As a single spark may start a prairie fire (Mao Tse Tung),
no good reason at any time might trigger the use of these
strategic weapons. Of course, the fear of world children!
This is the reality and the truth; all must insist on it.38
These weapons deny the world-lasting
peace and security, but both are pre-requisites
for the realization of meaningful development.
Botswana's former prime
Minister Ketumile Masire said peace and security are the least
the people of Africa ask from their political leaders.39
... The sanctity of the celebrated maxim
stands out: "Eternal vigilance is the price of freedom40"
But-the cry for FREEDOM alone has become
outdated; the two billion world children have rung the alarm-bell
that it's the basis of freedom - mankind - that is endangered!
So, each generation must, out of relative obscurity, discover
its mission, fulfill it, or betray it.41
The U.N. with its charter of 111
Articles, could not be in a position to fulfill the
objectives for which it was founded; one of the major obstacles
being the charter itself. The Global reality during which
and for which it was framed by and large do differ from the
present; hence - up-dating the charter to this effect has
become an absolute necessity.
For instance, the interpretation of Article
2(7), which prohibits the UN from intervening in matters which
are essentially within the domestic jurisdiction - has remained
highly controversial both in the United
Nations and among scholars. The various mutually
inconsistent constructions that have been placed upon it have
left the entire field in a state of chaotic fragmentation.42
Therefore, overhauling the UN charter
might enable the already existing, experienced and
tested world establishment to shoulder additional, responsibilities,
and also discharge its duties in a proper and efficient way.
In fact, there can be no absolute guarantee
that any organization on earth could surely prevent a third
great war and the possible suicide of the human race43 for everything
depends on the willingness of world powers and Governments.
Finally, such
'ENFORCEABLE INTERNATIONAL LAW' which is forethought
by the students of City Montessori School (CMS) of India is
said to provide a safe future for children, born and yet to
be born; it is also believed that not only children, but mankind
is to benefit from.
I also submit that such a unique idea should
be accorded sufficient publicity through U.N. and its Agencies;
N.G.O.s and the Governments which participate in the 4th
INTERNATIONAL CONFRENCE OF CHIEF JUSTICE OF THE WORLD.
"Let the better always come out victor
over the worse.44
I appreciate all the efforts of the Government of India.
THANK YOU!
December 2003
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36 Coyle, David Cushman, cited at note 13,
P. 205.
37 Ibid, P. 115.
38 Refer to Satyagraha (insistence on truth)
of Gandhi, J.C. PRINCIPLES OF MODEL POLITICAL SCIENCE (sterling
publishers Pvt. 2001, India), P. S19.
39 The Ethicpian Iierald, vol. LIX No. 142,
22 Feb. 2003, P.6 - During a speech on WERADon it determination
Abujn to commemorate the death of slain Nigerian military
leader.
40 Johari J.C. Contemporary Political Theory
(New Dimensions. Tsasic concepts & major treats 2001,
India) P. 392
41. Fanon, Frantz: The Wretched of the Earth
(Richard clay Ltd. 1963 U.K.) 160
42 Minass Haile (Dr) Domestic Jurisdiction
(The Ethiopian Publishing share company, Addis ___ Ethiopia,
1968) P.11.
43 Coyle, David cushman, cited at note P.
44 Ebenstein William, cited at note 16.P.
149.
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