Patrons of the Conference
Our Supporters
Invitation
Permission from Govt. of India

Why Article 51

An appeal by the students of CMS on behalf of the children of the world
Why does CMS organise Internatinal Conference of Chief Justices of the World ?
Enforceable International Law
The Last Hope for Humanity's Survival
Lucknow Declaration
International Terrorism can be Curbed Only by International Law and Not by War
About the Convenor
Contact Information
 
 
 
Enforceable International Law


 
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]

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.

 
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.


 
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

 
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.